[Congressional Record Volume 164, Number 39 (Tuesday, March 6, 2018)]
[Senate]
[Pages S1382-S1383]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 2050. Mr. NELSON (for himself and Mr. Rubio) submitted an 
amendment intended to be proposed by him to the bill S. 2155, to 
promote economic growth, provide tailored regulatory relief, and 
enhance consumer protections, and for other purposes; which was ordered 
to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. STANDARDS FOR PHYSICAL CONDITION AND MANAGEMENT OF 
                   HOUSING RECEIVING ASSISTANCE PAYMENTS.

       (a) In General.--Section 8 of the United States Housing Act 
     of 1937 (42 U.S.C. 1437f) is amended by inserting after 
     subsection (v) the following:
       ``(w) Standards for Physical Condition and Management of 
     Housing Receiving Assistance Payments.--
       ``(1) Standards for physical condition and management of 
     housing.--Any entity receiving assistance payments under this 
     section shall maintain decent, safe, and sanitary conditions, 
     as determined by the Secretary, for any structure covered 
     under a housing assistance payment contract.
       ``(2) Survey of tenants.--The Secretary shall develop a 
     process by which a Performance-Based Contract Administrator 
     shall, on a semiannual basis, conduct a survey of the tenants 
     of each structure covered under a housing assistance payment 
     contract for the purpose of identifying consistent or 
     persistent problems with the physical condition of the 
     structure or performance of the manager of the structure.
       ``(3) Remediation.--A structure covered under a housing 
     assistance payment contract shall be referred to the 
     Secretary for remediation if a Performance-Based Contract 
     Administrator identifies a consistent or persistent problem 
     with the structure or the management of the structure based 
     on--
       ``(A) a survey conducted under paragraph (2); or
       ``(B) any other observation made by the Performance-Based 
     Contract Administrator during the normal course of business.
       ``(4) Penalty for failure to uphold standards.--
       ``(A) In general.--The Secretary may impose a penalty on 
     any owner of a structure covered under a housing assistance 
     payment contract if the Secretary finds that the structure or 
     manager of the structure--
       ``(i) did not satisfactorily meet the requirements under 
     paragraph (1); or
       ``(ii) is repeatedly referred to the Secretary for 
     remediation by a Performance Based Contract Administrator 
     through the process established under paragraph (3).
       ``(B) Amount.--A penalty imposed under subparagraph (A) 
     shall be in an amount equal to not less than 1 percent of the 
     annual budget authority the owner is allocated under a 
     housing assistance payment contract.
       ``(C) Use of amounts.--Any amounts collected under this 
     paragraph shall be used solely for the purpose of supporting 
     safe and sanitary conditions at applicable structures or for 
     tenant relocation, as designated by the Secretary, with 
     priority given to the tenants of the structure that led to 
     the penalty.
       ``(5) Applicability.--This subsection shall not apply to 
     any property assisted under subsection (o).''.
       (b) Issuance of Report.--Not later than 1 year after the 
     date of enactment of this Act, the Secretary of Housing and 
     Urban Development shall submit to Congress a report that--
       (1) examines the adequacy of capital reserves for each 
     structure covered under a housing assistance payment contract 
     under section 8 of the United States Housing Act of 1937 (42 
     U.S.C. 1437f);
       (2) examines the use of funds derived from a housing 
     assistance payment contract for purposes unrelated to the 
     maintenance and capitalization of the structure covered under 
     the contract; and
       (3) includes any administrative or legislative 
     recommendations to further improve the living conditions at 
     those structures.

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