Housing

Supporting the efforts of the National Association of State Fire Marshals to raise awareness of proper bonding for yellow corrugated stainless steel tubing to the specifications of the National Fire Protection Association Code.

United States · United States Congress · 27 April 2012

Commends efforts to promote and enhance public safety and consumer awareness on the proper bonding of yellow corrugated stainless steel tubing (CSST), as defined in the National Fire Protection Association Code, namely that CSST should be permanently bonded to the electrical grounding system in the structure. Urges state authorities having jurisdiction over building and housing construction and inspections to include requirements within their rules, regulations, and codes for proper bonding of yellow CSST gas piping in accordance with specified national fuel gas and electric and local codes. Encourages further education efforts of the public, relevant building and housing officials, homeowners, and construction professionals on the need to properly bond yellow CSST retroactively in structures already containing CSST.

LEGISLATIVE PROPOSALS IN THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT'S FY2013 BUDGET

United States · United States Senate · 26 April 2012

National Defense Authorization Act for Fiscal Year 2013

United States · United States Congress · 26 April 2012

National Defense Authorization Act for Fiscal Year 2013 - Authorizes appropriations for the Department of Defense (DOD) for FY2013. Authorizes appropriations to DOD for: (1) procurement, including aircraft, missiles, weapons and tracked combat vehicles, ammunition, shipbuilding and conversion, and other procurement; (2) the Joint Improvised Explosive Device Defeat Fund; (3) purchases under the Defense Production Act of 1950; (4) research, development, test, and evaluation; (5) operation and maintenance; (6) active and reserve military personnel; (7) Working Capital Funds; (8) the National Defense Sealift Fund; (9) the Joint Urgent Operational Needs Fund; (10) chemical agents and munitions destruction; (11) drug interdiction and counter-drug activities; (12) the Defense Inspector General; (13) the Defense Health Program; (14) the Armed Forces Retirement Home; (15) overseas contingency operations; (16) the North Atlantic Treaty Organization (NATO) Security Investment Program; (17) Guard and reserve forces facilities; and (18) base closure and realignment activities. Sets forth provisions or requirements concerning: (1) military personnel policy, including education and training and defense dependents education; (2) military pay and allowances; (3) military health care; (4) acquisition policy and management; (5) DOD organization and management, including intelligence- and space-related matters; (6) civilian personnel matters; (7) matters relating to foreign nations; and (8) matters relating to military construction and military family housing. Establishes: (1) a Troops-to-Teachers Program to assist members and former members of the Armed Forces in obtaining employment as teachers; and (2) the Defense Coalition Repair Fund to support the sale, transfer, or distribution of defense articles to coalition partners and allied or friendly nations. Military Retirement Modernization Commission Act - Establishes the Military Retirement Modernization Commission. Federal Civilian Employees in Zones of Armed Conflict Benefits Act of 2012 - Provides certain allowances, special payments, and related benefits to federal employees assigned to designated zones of armed conflict. Military Construction Authorization Act for Fiscal Year 2013 - Authorizes appropriations for FY2013 for military construction for the Armed Forces and defense agencies. Defense Base Closure and Realignment Act of 2012 - Establishes the Defense Base Closure and Realignment Commission to make recommendations for defense base closures and realignments in 2013 and 2015.

Save Our Neighborhoods Act of 2012

United States · United States Congress · 26 April 2012

Save Our Neighborhoods Act of 2012 - Authorizes a mortgagor of a property subject to a federally related mortgage loan to file a motion before a court in the jurisdiction in which the property is located for an order to: (1) stay any foreclosure proceedings brought against the property; (2) remain in effect for up to three years; (3) prohibit the assessment or collection of any late fees regarding payments on such loan; (4) toll the statute of limitations for any other applicable laws pertaining to such loan; (5) require the mortgagor to make payments in an appropriate amount to the mortgagee at appropriate times; and (6) require the mortgagee to apply such payments first to any taxes owed on the property, and then to property insurance obligations, interest due, and the mortgage principal due. Requires the court, if an order terminates before the mortgagor and mortgagee have submitted an agreement to the court, to enter an order: (1) ordering an appraisal by an approved licensed appraiser to determine the property's fair market value; (2) adjusting the principal amount to the property's fair market value if that value is less than the principal remaining on the mortgage loan; (3) ordering reasonable interest on the principal so adjusted, based on the average prime offer rate for mortgages; and (4) ordering payments set at a reasonable interest rate on the principal remaining on the mortgage loan, based on the average prime offer rate for mortgages on that date, if the fair market value is greater than the remaining principal. Requires: (1) the court, on the date such motion is filed, to stay any foreclosure proceedings that have been brought against the property; (2) the mortgagor and mortgagee to meet after the mortgagor files the motion; and (3) the mortgagee to provide the mortgagor with a list of approved local housing counseling agencies. Requires the foreclosure stay order to terminate if the mortgagor and mortgagee execute a consensually modified mortgage agreement within 60 days after the grant of the stay. Authorizes the Director of the Consumer Financial Protection Bureau of the Federal Reserve System to make rules or issue guidance to carry out this Act.

A resolution expressing the sense of the Senate that Village Voice Media Holdings, LLC should eliminate the "adult entertainment" section of the classified advertising website Backpage.com.

United States · United States Congress · 25 April 2012

Expresses support for: (1) law enforcement agency efforts to provide training to law enforcement agents on how to investigate and prosecute cases of sex trafficking and how to identify and rescue trafficking victims; and (2) trafficking victim services provided by the federal, state, and local governments and non-profit and faith-based organizations, including medical, legal, mental health, housing, and other social services. Calls on Village Voice Media Holdings, LLC to act as a responsible global citizen and immediately eliminate the "adult entertainment" section of the classified advertising website Backpage.com to terminate the website's facilitation of online sex trafficking.

Military Housing Oversight and Accountability Act

United States · United States Congress · 24 April 2012

Military Housing Oversight and Accountability Act - Amends federal provisions concerning Department of Defense (DOD) alternative authority for the acquisition and improvement of military housing to direct each military department Secretary to prescribe regulations to oversee and manage a military housing privatization project during its sustainment phase following completion of construction or renovation of the housing units.

To amend title 40, United States Code, to add certain counties in the State of Mississippi to the region represented by the Appalachian Regional Commission.

United States · United States Congress · 24 April 2012

Includes the counties of Grenada and Tallahatchie, Mississippi, in the region represented by the Appalachian Regional Commission.

Expressing the sense of the Congress that involuntary homelessness for families, women, and children in America should be eliminated.

United States · United States Congress · 24 April 2012

Expresses the sense of Congress that: (1) involuntary homelessness should be eliminated; (2) the federal government should provide adequate funding for the rental housing voucher program under section 8 of the United States Housing Act of 1937, the Community Development Block Grant program, and the HOME Investment Partnerships program; (3) legislation should be enacted that provides the National Housing Trust Fund with the $1 billion requested in the President's FY2013 Budget Request; and (4) the federal government should move away from a "shelter first" housing policy and instead promote a "housing first" policy that provides employment and training opportunities, transportation, and other self-sufficiency services to help the involuntarily homeless.

Violence Against Women Reauthorization Act of 2012

United States · United States Congress · 23 April 2012

Violence Against Women Reauthorization Act of 2012 - Amends the Violence Against Women Act of 1994 (VAWA) to add or expand definitions under such Act, including to define: (1) "culturally specific services" to mean community-based services that offer culturally relevant and linguistically specific services and resources to racial and ethnic minority groups, (2) "child" to mean a person who is under 11 years of age and "youth" to mean a person who is 11 to 20 years old, (3) "personally identifying information or personal information" to mean individually identifying information for or about an individual likely to disclose the location of a victim of domestic violence or sexual assault crimes, and (4) "underserved populations" to mean populations that face barriers in accessing and using victim services due to geographic location or special needs. Modifies or expands grant conditions under such Act, including requirements relating to nondisclosure of personally identifying information or other client information, information sharing between grantees and subgrantees, civil rights and nondiscrimination, audits, and nonprofit organizations. Requires an annual audit of not fewer than 10% of all VAWA grantees beginning in FY2013 to prevent waste, fraud, and abuse of funds. Prohibits: (1) the awarding of grants to nonprofit organizations that hold money in offshore accounts for tax avoidance purposes, (2) the use of amounts authorized to be appropriated to the Department of Justice (DOJ) or the Department of Health and Human Services (HHS) to host or support conferences without prior written approval by appropriate DOJ or HHS officials, and (3) the use of grant funds to lobby any governmental employee regarding the award of grant funding. Title I: Enhancing Judicial and Law Enforcement Tools to Combat Violence Against Women - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to expand services for sexual assault victims, including male victims, under the grant programs for combatting violent crimes against women (STOP grants) and for encouraging arrest policies and enforcing protection orders for sexual assault victims. Amends the Violence Against Women Act of 2000 to expand the availability of competent pro bono legal assistance to victims of domestic violence, dating violence, sexual assault, or stalking. Revises the grant programs for supporting families with a history of domestic violence, dating violence, sexual assault, or stalking to authorize the Attorney General to make grants to improve the response of the civil and criminal justice system to such families and to train court personnel in assisting such families. Extends through FY2016 the authorization of appropriations for: (1) the training of probation and parole officers to manage sex offenders, and (2) the Court-Appointed Special Advocate program. Amends the federal criminal code with respect to the crime of stalking to prohibit the use of any interactive computer or electronic communication service to stalk victims. Revises and reauthorizes through FY2016 the grant program for outreach and services to underserved populations. Eliminates the requirement that recipients of grants to combat violent sex crimes against women include linguistically specific services in administering such grants. Amends the Victims of Child Abuse Act of 1990 to authorize appropriations through FY2016 for the training of judicial personnel and attorneys in juvenile and family courts. Amends the Internal Revenue Code to require the chief justice of the highest court of any state that wishes to collect past-due, legally enforceable, state judicial debts to designate a single state entity to communicate judicial debt information to the Secretary of the Treasury. Defines "state judicial debt" to include court costs, fees, fines, assessments, restitution to victims of crime, and other monies resulting from a judgment or sentence rendered by any court or tribunal of competent jurisdiction handling criminal or traffic cases in the state. Title II: Improving Services for Victims of Domestic Violence, Dating Violence, Sexual Assault, and Stalking - Amends VAWA to extend through FY2016 grant programs to: (1) assist states, Indian tribes, and territories to establish, maintain, and expand rape crisis centers and other programs to assist victims of sexual assault; and (2) assist victims of domestic violence and other sexual assault crimes in rural areas. Amends the Victims of Trafficking and Violence Protection Act of 2000 to extend through FY2016 the authorization of appropriations for grants to end violence against women with disabilities and women in later life. Title III: Services, Protection, and Justice for Young Victims of Violence - Amends the Public Health Service Act to extend through FY2016 the authorization of appropriations for grants for rape prevention and education programs conducted by rape crisis centers. Amends VAWA to replace certain grant programs for the protection of young victims of violent crimes with a program requiring the Attorney General to award grants to enhance the safety of youth and children who are victims of, or exposed to, domestic violence, sexual assault, or stalking and to prevent future violence. Amends the Violence Against Women and Department of Justice Reauthorization Act of 2005 to expand the requirements for the grant program to combat violent crimes on campuses. Amends the Higher Education Act of 1965 to expand the requirements for disclosure of campus security policies and crime statistics by institutions of higher education to require disclosure of disciplinary proceedings and procedures to protect the confidentiality of crime victims. Title IV: Violence Reduction Practices - Authorizes appropriations through FY2016 for grants through the Centers for Disease Control and Prevention (CDC) to support research to examine prevention and intervention programs to further the understanding of sexual and domestic violence by and against adults, youth, and children. Amends VAWA to authorize the Attorney General to award grants to prevent domestic violence, dating violence, sexual assault, and stalking by taking a comprehensive approach that focuses on youth, children exposed to violence, and men as leaders and influencers of social norms (SMART Prevention grants). Title V: Strengthening the Healthcare System's Response to Domestic Violence, Dating Violence, Sexual Assault, and Stalking - Amends the Public Health Service Act to reauthorize, revise, and consolidate grant programs that address domestic violence, dating violence, sexual assault, and stalking by developing or enhancing and implementing: (1) interdisciplinary training for health professionals, public health staff, and allied health professionals; (2) education programs for health profession students to prevent and respond to domestic violence, dating violence, sexual assault, and stalking; and (3) comprehensive statewide strategies to improve the response of clinics, public health facilities, hospitals, and other health settings to domestic violence, dating violence, sexual assault, and stalking. Title VI: Safe Homes for Victims of Domestic Violence, Dating Violence, Sexual Assault, and Stalking - Amends VAWA with respect to housing rights of victims of domestic violence, dating violence, sexual assault, and stalking. Prohibits denial or termination of housing assistance on the basis of being such a victim under specified federal housing programs (covered programs), including the low-income housing tax credit program, if the applicant or tenant otherwise qualifies for such admission, assistance, participation, or occupancy. Prohibits denial of assistance, tenancy, or occupancy rights to assisted housing based solely on certain criminal activity directly related to domestic violence engaged in by a member of the individual's household or by any guest or other person under the individual's control, if the tenant or an affiliated individual is the victim or threatened victim. Defines "affiliated individual" as: (1) a spouse, parent, brother, sister, or child of that individual, or someone to whom such individual stands in loco parentis; or (2) any other individual, tenant, or lawful occupant living in the individual's household. Allows a public housing agency (PHA) or an owner or manager of assisted housing to bifurcate a housing lease in order to evict, remove, or terminate assistance to any tenant or lawful occupant who engages in criminal activity directly relating to domestic violence, dating violence, sexual assault, or stalking against an affiliated individual or other individual, without evicting or otherwise penalizing a victim of such criminal activity who is also a tenant or lawful occupant. Requires each appropriate agency to adopt a model emergency transfer plan, meeting specified criteria, for PHAs and owners or managers of assisted housing to use in allowing tenants who are victims of domestic violence, dating violence, sexual assault, or stalking to transfer to another available and safe dwelling unit of assisted housing. Requires the Secretary of Housing and Urban Development (HUD) to establish policies and procedures under which a victim requesting such a transfer may receive section 8 (voucher program) assistance under the United States Housing Act of 1937. Makes conforming amendments to the United States Housing Act of 1937. Revises eligibility requirements for transitional housing assistance grants for child victims of domestic violence, dating violence, sexual assault, or stalking to specify that any victims are eligible. Decreases the authorization of appropriations for such grants for FY2012-FY2016. Decreases the authorization of appropriations for FY2012-FY2016 also for: (1) collaborative grants to increase the long-term stability of victims, and (2) grants to combat violence against women in public and assisted housing. Title VII: Economic Security for Victims of Violence - Amends VAWA to extend through FY2016 the authorization of appropriations for grants to eligible nonprofit nongovernmental entities or tribal organizations for a national resource center on workplace responses to assist victims of domestic and sexual violence. Title VIII: Immigration Provisions - Amends the Immigration and Nationality Act regarding cancellation of removal and adjustment to permanent resident status of a battered spouse or child to: (1) give adjudicatory authority to the Secretary of Homeland Security (DHS), (2) direct United States Citizenship and Immigration Services to review an application for completeness and clear indicators of fraud or misrepresentation and to conduct an in-person interview of the applicant, and (3) give priority to applications in cases where there is an ongoing immigration or law enforcement investigation or prosecution concerning the petitioning alien. Requires that a certification for a nonimmgrant U-visa (victims of certain crimes) confirm that: (1) the petitioner reported the criminal activity to a law enforcement agency within 120 days of its occurrence, (2) the statute of limitations for prosecuting the criminal activity has not lapsed, (3) the criminal activity is under active investigation or prosecution, and (4) the petitioner has provided information that will assist in identifying the perpetrator or the perpetrator's identity is known. Expands the scope of criminal-related information that must be disclosed by a U.S. citizen petitioning for a nonimmigrant K-visa (alien fiancee or fiance). Amends the International Marriage Broker Regulation Act of 2005 to prohibit an international marriage broker from providing any individual or entity with information or photographs about an individual under the age of 18. Requires a broker to obtain, and keep for five years, a valid copy of each foreign national client's birth certificate or other official proof of age documented by the appropriate government entity. Subjects to criminal penalties a person who, knowingly and with intent to defraud another person outside the United States in order to recruit or solicit that other person into entering a dating or matrimonial relationship, makes certain false or fraudulent disclosure representations. Requires the Government Accountability Office (GAO) to report to Congress regarding U-visa petition and application adjudications and the VAWA self-petitioning processes. Title IX: Safety for Indian Women - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to direct a portion of certain grants to combat violent crime against American Indian women toward: (1) sex trafficking, (2) services for youthful victims, and (3) legislation and policies effective in combating such crime. Alters federal assault provisions to: (1) increase the maximum federal penalties for assault; (2) cover domestic violence, dating violence, and attempts to commit sexual abuse; and (3) apply them to individuals in Indian country. Amends the Violence Against Women and Department of Justice Reauthorization Act of 2005 to require the National Institute of Justice to include sex trafficking in its study of violence against Indian women. Permits Indian tribes to petition a federal district court in whose district they are located for an appropriately tailored protection order excluding an individual from areas within their land. Title X: Violent Crime Against Women - Amends the federal criminal code to provide that the prohibition against sexual abuse of a ward in official detention or under official supervision or control shall apply: (1) during arrest or pretrial release; (2) while in official detention or custody; or (3) while on probation, supervised release, or parole. Increases penalties for criminal civil rights violations involving sexual abuse. Amends the Civil Rights of Institutionalized Persons Act to allow a prisoner in federal custody to bring suit against the United States for a mental or emotional injury if such injury resulted from the commission of a sexual act (currently, requires a prior showing of a physical injury). Amends the Prison Rape Elimination Act of 2003 to direct the DHS Secretary to publish a final rule adopting national standards for the detection, prevention, reduction, and punishment of rapes and sexual assaults in detention facilities against aliens detained for a violation of U.S. immigration laws. Requires the HHS Secretary to publish a similar final rule for the protection of unaccompanied alien children in custodial facilities. Amends the DNA Analysis Backlog Elimination Act of 2000 to increase funding in FY2012-FY2014 for DNA analyses from crime scenes, including samples from rape kits. Requires GAO to: (1) prepare a study on the availability of services for victims of domestic violence, dating violence, sexual assault, and stalking; and (2) audit the expenditure of funds by the Office for Victims of Crime from the Crime Victims Fund. Amends the federal criminal code to: (1) impose a mandatory minimum prison term for aggravated sexual abuse involving force or threats (10 years) and for aggravated sexual abuse involving other means, including by the use of drugs or intoxicants (5 years); (2) increase criminal penalties for interstate domestic violence; (3) authorize the issuance of an administrative subpoena in the investigation of an unregistered sex offender by the U.S. Marshals Service; and (4) impose minimum mandatory criminal penalties for the possession of child pornography. Amends the Immigration and Nationality Act to include within the definition of "aggravated felony," for purposes of removing an alien from the United States, a third drunk driving conviction. Title XI: The Safer Act - Sexual Assault Forensic Evidence Registry Act of 2012 or the SAFER Act of 2012 - Amends the DNA Analysis Backlog Elimination Act of 2000 to: (1) allow states or local governments to use grant funds under such Act to conduct audits of samples of sexual assault evidence that are awaiting testing, and (2) provide funding in FY2012-FY2016 for such purpose. Authorizes the Attorney General to award grants for such audits only if the grant recipient (i.e., a state or local government) submits a plan for performing the audit of samples of sexual assault evidence and includes a good-faith estimate of the number of such samples. Requires the Attorney General to establish a Sexual Assault Forensic Evidence Registry to include information about samples of sexual assault evidence awaiting testing and to track the testing and processing of such samples. Sets forth requirements relating to information required to be included in such Registry, the protection of personally identifiable information in the Registry, and the updating of information in the Registry.

Transportation, Housing and Urban Development, and Related Agencies Appropriations Act, 2013

United States · United States Congress · 19 April 2012

Transportation, Housing and Urban Development, and Related Agencies Appropriations Act, 2013 - Department of Transportation Appropriations Act, 2013 - Makes appropriations for FY2013 to the Department of Transportation (DOT). Department of Housing and Urban Development Appropriations Act, 2013 - Makes appropriations for FY2013 to the Department of Housing and Urban Development (HUD). Makes appropriations for FY2013 to: (1) the Access Board, (2) the Federal Maritime Commission (FMC), (3) the Office of Inspector General for the National Railroad Passenger Corporation (Amtrak), (4) the National Transportation Safety Board (NTSB), (5) the Neighborhood Reinvestment Corporation, and (6) the U.S. Interagency Council on Homelessness. Specifies certain uses and limits on or prohibitions against the use of funds appropriated by this Act.

THE IMPACT OF OVERHEAD HIGH VOLTAGE TRANSMISSION TOWERS AND LINES ON ELIGIBILITY FOR FEDERAL HOUSING ADMINISTRATION (FHA) INSURED MORTGAGE PROGRAMS

United States · United States House of Representatives · 14 April 2012

A resolution supporting the designation of April 2012 as National Autism Awareness Month.

United States · United States Congress · 29 March 2012

Expresses support for designating April 2012 as National Autism Awareness Month. Commends individuals living with autism and their relatives for their sacrifice and dedication in providing for the special needs of autistic individuals. Recognizes: (1) that autism is a major public health crisis; (2) that meeting the needs of autistic individuals is a compelling public policy issue that requires a rapid national response; (3) that individuals and families are desperate to access services that presently are inadequate; (4) the need to begin early intervention services soon after a child has been diagnosed with autism; (5) the importance of assistance in the areas of comprehensive early intervention, health, recreation, job training, employment, housing, transportation, and early, primary, and secondary education; (6) that with access to such assistance and support autistic individuals can live productive lives; (7) that services for transitioning autistic youth and adults are an especially pressing need; and (8) that by providing adequate service and support at crucial points in life, autistic adults can become taxpaying citizens with productive and rewarding lives.

Quality Housing for Veterans Act

United States · United States Congress · 29 March 2012

Quality Housing for Veterans Act - Extends through 2014 the authority of the Secretary of Veterans Affairs (VA) to provide specially adapted housing assistance to certain disabled veterans residing temporarily in housing owned by a family member.

Consumer Mortgage Choice Act

United States · United States Congress · 29 March 2012

Consumer Mortgage Choice Act - Amends the Truth in Lending Act with respect to requirements for disclosure to a consumer of points and fees information about a consumer credit transaction, secured by the consumer's principal dwelling, but which is not a residential mortgage transaction, a reverse mortgage transaction, or a transaction under an open end credit plan, when the total points and fees the consumer must pay at or before closing will exceed 8% percent of the total loan amount or $400, whichever is greater. (Such consumer credit transactions might include an equity credit line to which consumer purchases or leases may be charged.) Excludes from the computation of such points and fees any compensation paid by a mortgage originator or a creditor to an individual person employed by the mortgage originator or creditor. Excludes also escrows for future payments of insurance. Modifies the criteria for exclusion from the computation of points and fees of certain reasonable charges elsewhere exempted from the computation of the finance charge in extensions of credit secured by an interest in real property. Excludes from points and fees any such reasonable charges even though a creditor receives compensation, but only in so far as the creditor or its affiliate retains the compensation as a result of their participation in an affiliated business arrangement. (An "affiliated business arrangement" is one in which: (1) a person who is in a position to refer business incident to or a part of a real estate settlement service involving a federally related mortgage loan, or an associate of such person, has either an affiliate relationship with or a direct or beneficial ownership interest of more than 1% in a provider of settlement services; and (2) either of such persons directly or indirectly refers such business to that provider or affirmatively influences the provider's selection.) Revises the additional requirement that such a reasonable charge be paid to a third party unaffiliated with the creditor. Requires the charge to be: (1) a bona fide third party charge not retained by the mortgage originator, creditor, or an affiliate; or (2) a fee or premium for title examination, title insurance, or similar purposes. Modifies the conditions under which federal departments and agencies may exempt refinancings under a streamlined refinancing from an income verification requirement that, at the time a refinancing is consummated, the consumer has a reasonable ability to repay the loan and all applicable taxes, insurance, and assessments. Repeals the exception for bona fide third party charges not retained by the mortgage originator, creditor, or an affiliate from the requirement that total points and fees not exceed 3% of the total new loan amount. (Thus subjects such charges to the same 3% ceiling.)

To amend title 38, United States Code, to expand the definition of homeless veteran for purposes of benefits under the laws administered by the Secretary of Veterans Affairs.

United States · United States Congress · 28 March 2012

Includes as a homeless veteran, for purposes of eligibility for benefits through the Department of Veterans Affairs (VA), a veteran or veteran's family fleeing domestic or dating violence, sexual assault, stalking, or other dangerous or life-threatening conditions in the current housing situation, including where the health and safety of children are jeopardized, there is no other residence, and there is a lack of resources or support networks to obtain other permanent housing.

Violence Against Women Reauthorization Act of 2012

United States · United States Congress · 27 March 2012

Violence Against Women Reauthorization Act of 2012 - Amends the Violence Against Women Act of 1994 (VAWA) to add or expand definitions of several terms for purposes of such Act, including : (1) "culturally specific services" to mean community-based services that offer culturally relevant and linguistically specific services and resources to culturally specific communities; (2) "personally identifying information or personal information" with respect to a victim of domestic violence, dating violence, sexual assault, or stalking; and (3) "youth" to mean a person who is 11 to 24 years old. Modifies or expands grant conditions under such Act, including requirements relating to: (1) nondisclosure of personally identifying information or other client information, (2) information sharing between grantees and subgrantees, (3) civil rights and nondiscrimination, (4) audits, and (5) nonprofit organizations. Requires the Office on Violence Against Women of the Department of Justice (DOJ) to establish a biennial conferral process with state and tribal coalitions, technical assistance providers, and other key stakeholders on the administration of grants and related matters. Makes specified provisions of this Act effective at the beginning of the fiscal year following the enactment of this Act. Title I: Enhancing Judicial and Law Enforcement Tools to Combat Violence Against Women - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to authorize appropriations through FY2017 for grants to combat violent crime against women (STOP grants). Expands the purposes for which STOP grants may be used to include training of law enforcement personnel and prosecutors, addressing backlogs of sexual assault evidence collection kits, and providing protections for male victims of sexual assault crimes. Revises the application process for STOP grants. Requires states receiving funds under the STOP grant program to develop and submit to the Attorney General implementation plans for using grant funds. Amends the Omnibus Crime Control and Safe Streets Act of 1968 to expand the grant program to encourage governmental entities to treat domestic violence, dating violence, sexual assault, and stalking as serious violations of criminal law. Requires such entities to use grant funds for: (1) training programs with respect to domestic violence and sexual assaults against women; (2) developing best practices for responding to domestic violence and sexual assault crimes; (3) developing, implementing, or enhancing sexual assault nurse examiner programs and Sexual Assault Response Teams; (4) providing human immunodeficiency virus testing programs; and (5) identifying and inventorying backlogs of sexual assault evidence collection kits. Requires not less than 25% of grant funding to be used for projects that address sexual assault. Extends the authorization of appropriations for such grant program through FY2017. Amends the Violence Against Women Act of 2000 to expand the availability of competent pro bono legal assistance to victims of domestic violence, dating violence, sexual assault, or stalking and to authorize appropriations for such assistance through FY2017. Revises the grant programs for supporting families with a history of domestic violence, dating violence, sexual assault, or stalking to authorize the Attorney General to make grants to improve the response of the civil and criminal justice system to such families and to train court personnel in assisting such families. Extends through FY2017 the authorization of appropriations for: (1) the training of probation and parole officers to manage sex offenders, and (2) the Court-Appointed Special Advocate program. Amends the federal criminal code with respect to the crime of stalking to prohibit the use of any interactive computer or electronic communication service to stalk victims. Revises and reauthorizes through FY2017 the grant program for outreach strategies targeted at adult or youth victims of domestic violence, dating violence, sexual assault, or stalking in underserved populations. Eliminates the requirement that recipients of grants to combat violent sex crimes against women include linguistically specific services in administering such grants. Title II: Improving Services for Victims of Domestic Violence, Dating Violence, Sexual Assault, and Stalking - Amends VAWA to extend through FY2017 grant programs to: (1) assist states, Indian tribes, and U.S. territories to establish, maintain, and expand rape crisis centers and other programs to assist victims of sexual assault; and (2) assist victims of domestic violence and other sexual assault crimes in rural areas. Amends the Victims of Trafficking and Violence Protection Act of 2000 to extend through FY2017 the authorization of appropriations for grants to end violence against women with disabilities. Amends VAWA to authorize appropriations through FY2017 for the grant program to end elder abuse, including domestic violence, dating violence, sexual assault, stalking, exploitation, and neglect, and to provide training for law enforcement agencies to better serve victims of abuse in later life. Directs the Attorney General in awarding grants to end elder abuse to give priority to proposals for serving culturally specific and underserved populations. Title III: Services, Protection, and Justice for Young Victims of Violence - Amends the Public Health Service Act to: (1) include tribal or territorial sexual assault coalitions in the grant program for rape prevention and education, and (2) extend through FY2017 the authorization of appropriations for grants for rape prevention and education programs conducted by rape crisis centers. Establishes a minimum allocation of grant funding for states, the District of Columbia, Puerto Rico, and each U.S. territory. Amends VAWA to replace certain grant programs for the protection of young victims of violent crimes with a program requiring the Attorney General, in collaboration with the Secretary of Health and Human Services (HHS) and the Secretary of Education, to award grants to enhance the safety of youth and children who are victims of, or exposed to, domestic violence, dating violence, sexual assault, or stalking and to prevent future violence. Authorizes appropriations for FY2013-FY2017. Amends the Violence Against Women and Department of Justice Reauthorization Act of 2005 to revise, expand, and reauthorize through FY2017 the grant program for combatting violent crimes on college campuses. Amends the Higher Education Act of 1965 to expand requirements for the disclosure of campus security policies and crime statistics by institutions of higher education to require education programs to: (1) promote the awareness of rape and other violent sex crimes, (2) require disclosure of disciplinary proceedings, and (3) establish procedures for the protection of the confidentiality of crime victims. Title IV: Violence Reduction Practices - Amends the Violence Against Women and Department of Justice Reauthorization Act of 2005 to authorize appropriations for FY2013-FY2017 for grants from the Centers for Disease Control and Prevention (CDC) to academic institutions and organizations to conduct research that examines best practices for reducing and preventing violence against women and children. Reduces the amount of such funding by 50% of the level for FY2007-FY2011. Amends VAWA to authorize the Attorney General, in consultation with the HHS Secretary and the Secretary of Education, to award grants to prevent domestic violence, dating violence, sexual assault, and stalking by taking a comprehensive approach that focuses on youth, children exposed to violence, and men as leaders and influencers of social norms (SMART Prevention grants). Authorizes appropriations for such grant program through FY2017. Title V: Strengthening the Healthcare System's Response to Domestic Violence, Dating Violence, Sexual Assault, and Stalking - Amends the Public Health Service Act to reauthorize, revise, and consolidate grant programs that address domestic violence, dating violence, sexual assault, and stalking by developing or enhancing and implementing: (1) interdisciplinary training for health professionals, public health staff, and allied health professionals; (2) education programs for health profession students to prevent and respond to domestic violence, dating violence, sexual assault, and stalking; and (3) comprehensive statewide strategies to improve the response of clinics, public health facilities, hospitals, and other health settings to domestic violence, dating violence, sexual assault, and stalking. Permits grant funds to be used for the development, expansion, and implementation of sexual assault forensic medical examination or sexual assault nurse examiner programs. Requires grantees to: (1) provide patients with advance notice about any circumstances under which information may be disclosed, such as mandatory reporting laws; and (2) give patients the option to receive information and referrals without affirmatively disclosing abuse. Requires the HHS Secretary to give preference to grant applicants based on the strength of their evaluation strategies, with priority given to outcome-based evaluations. Revises requirements for training and education grants to require that grantees be: (1) a nonprofit organization with a history of effective work in the field of training health professionals with an understanding of, and clinical skills pertinent to, domestic violence, dating violence, sexual assault, or stalking and lifetime exposure to violence and abuse; (2) an accredited school of allopathic or osteopathic medicine, psychology, nursing, dentistry, social work, or allied health; (3) a health care provider membership or professional organization or a health care system; or (4) a state, tribal, territorial, or local entity (currently, grantees must be a school of allopathic or osteopathic medicine). Requires grantees to represent a team of entities that include at least one of each of: (1) an accredited school of allopathic or osteopathic medicine, psychology, nursing, dentistry, social work, or other health field; (2) a health care facility or system; and (3) a government or nonprofit entity with a history of effective work in the fields of domestic violence, dating violence, sexual assault or stalking. Revises the training and education grant program to remove the matching requirement. Revises the public health response grant program to remove requirements that: (1) a grant award cannot exceed two years, and (2) funds must be distributed equally between state and local programs. Authorizes the Secretary to make grants or enter into contracts to provide technical assistance with respect to the planning, development, and operation of any program, activity, or service carried out under this title. Requires the Secretary to: (1) make publicly available materials developed by grantees under this title, including materials on training, best practices, and research and evaluation; and (2) publish a biennial report on the distribution of funds under this title and the programs and activities supported by such funds. Makes the grant program on research of effective interventions in the health care setting permissible, rather than required. Authorizes the Secretary to use not more than 20% of funds available under this title for research and evaluation of: (1) grants awarded under this title; and (2) other training for health professionals and effective interventions in the health care setting that prevent domestic violence, dating violence, and sexual assault across the lifespan, prevent the health effects of such violence, and improve the safety and health of individuals who are currently being victimized. Allows research grant funds to be used to research the impact of adverse childhood experiences on adult experience with domestic violence, dating violence, sexual assault, stalking, and adult health outcomes, including how to reduce or prevent the impact of adverse childhood experiences through the health care setting. Removes provisions permitting research grant funds to be used for: (1) research and testing of best messages and strategies to mobilize public and health care provider action concerning the prevention of domestic, dating, or sexual violence; or (2) measuring the comparative effectiveness and outcomes of efforts to reduce violence and increase women's safety. Title VI: Safe Homes for Victims of Domestic Violence, Dating Violence, Sexual Assault, and Stalking - Amends VAWA with respect to housing rights of victims of domestic violence, dating violence, sexual assault, and stalking. Prohibits denial or termination of housing assistance on the basis of being such a victim under specified federal housing programs (covered programs), including the low-income housing tax credit program, if the applicant or tenant otherwise qualifies for such admission, assistance, participation, or occupancy. Prohibits denial of assistance, tenancy, or occupancy rights to assisted housing based solely on certain criminal activity directly related to domestic violence engaged in by a member of the individual's household or by any guest or other person under the individual's control, if the tenant or an affiliated individual is the victim or threatened victim. Defines "affiliated individual" as: (1) a spouse, parent, brother, sister, or child of that individual, or someone to whom such individual stands in loco parentis; or (2) any other individual, tenant, or lawful occupant living in the individual's household. Allows a public housing agency (PHA) or an owner or manager of assisted housing to bifurcate a housing lease in order to evict, remove, or terminate assistance to any tenant or lawful occupant who engages in criminal activity directly relating to domestic violence, dating violence, sexual assault, or stalking against an affiliated individual or other individual, without evicting or otherwise penalizing a victim of such criminal activity who is also a tenant or lawful occupant. Requires specified accommodation of any tenants remaining after the eviction of the sole tenant eligible to receive assistance under a covered housing program. Authorizes a PHA or an owner or manager of assisted housing to: (1) require certified documentation from any applicant claiming protection under this Act, or (2) deny or terminate any assistance if such documentation is not produced. Requires each executive department carrying out a covered housing program to adopt a model emergency transfer plan, meeting specified criteria, for PHAs and owners or managers of assisted housing to use in allowing tenants who are victims of domestic violence, dating violence, sexual assault, or stalking to transfer to another available and safe dwelling unit of assisted housing. Requires the Secretary of Housing and Urban Development (HUD) to establish policies and procedures under which a victim requesting such a transfer may receive section 8 (voucher program) assistance under the United States Housing Act of 1937. Makes conforming amendments to the United States Housing Act of 1937. Revises eligibility requirements for transitional housing assistance grants for child victims of domestic violence, dating violence, sexual assault, or stalking to specify that any victims are eligible. Authorizes the use of such grants for support services designed to enable a minor, an adult, or a dependent to secure employment, including employment counseling, occupational training, job retention counseling, and counseling concerning re-entry into the workforce. Extends the authorization of appropriations for such grants, but at decreased levels, for FY2013-FY2017. Extends the authorization of appropriations, but also at decreased levels, for FY2013-FY2017 for: (1)  collaborative grants to increase the long-term stability of victims, and (2) grants to combat violence against women in public and assisted housing. Title VII: Economic Security for Victims of Violence - Amends VAWA to extend through FY2017 the authorization of appropriations for the grant program to establish and operate a national resource center on workplace responses to assist victims of domestic and sexual violence. Title VIII: Protection of Battered Immigrants - Amends the Immigration and Nationality Act to expand the definition of nonimmigrant U-visa (victims of certain crimes) to include victims of stalking. Directs the Secretary of Homeland Security (DHS) to report to Congress regarding the number of aliens: (1) applying for and granted or not granted nonimmigrant status based upon being victims of trafficking or other criminal activities such as domestic violence or sexual exploitation, and (2) granted continued U.S. presence. Makes a child of an alien who was a self-petitioner under VAWA who filed a pending or approved petition for classification or application for adjustment of status or other benefit eligible for lawful permanent resident status under such alien's petition. Excludes from the public charge bar to admission an alien who is: (1) a VAWA self-petitioner, (2) a U-visa applicant, or (3) a battered spouse or child. Provides that, beginning in FY2013, if fiscal year U-visa limitations are met, up to 5,000 additional visas of the aggregate number of visas that were available and not issued in FY2006-FY2011 may be issued until the end of the fiscal year. States that an unmarried alien who seeks to accompany or follow to join a parent granted U-visa status who was under 21 years of age on the date on which the parent petitioned for such status shall continue to be classified as a child if the alien attains 21 years of age after the parent's petition was filed but while it was pending. Extends the conditions under which the waiver of the two-year waiting period for permanent resident status application may be granted to a battered alien spouse. Expands the scope of criminal-related information that must be disclosed by a U.S. citizen petitioning for a nonimmigrant K-visa (alien fiancee or fiance). Amends the International Marriage Broker Regulation Act of 2005 to require DHS to: (1) conduct a background check of the National Crime Information Center's Protection Order Database on each K-visa petitioner, and (2) include any appropriate information in the criminal background information provided to the alien fiance/fiancee. Prohibits an international marriage broker from providing any individual or entity with information about an individual under the age of 18. Requires a broker to obtain a valid copy of each foreign national client's birth certificate or other official proof of age document. Establishes criminal penalties for specified broker violations. Requires the Government Accountability Office (GAO) to report to Congress on the impact of this section on the K-visa process. Amends the the Consolidated Natural Resources Act of 2008 to permit U- and T-visa (victims of human trafficking) holders in the Commonwealth of the Northern Mariana Islands to count their time physically present in the Commonwealth toward the three-year continuous U.S. presence required for adjustment to permanent resident status. Title IX: Safety for Indian Women - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to include sex trafficking as a target of the grants to Indian tribal governments to combat violent crime against Indian women. Allows those grants to be used to: (1) address the needs of youth who are victims of, or exposed to, domestic violence, dating violence, sexual assault, sex trafficking, or stalking; and (2) develop and promote best practices for responding to domestic violence, dating violence, sexual assault, sex trafficking, and stalking. Allows tribal coalition grants to be used to develop and promote state, local, and tribal legislation and policies that enhance best practices for responding to violent crimes against Indian women. Requires the Attorney General to award such grants annually to each tribal coalition that meets certain criteria under VAWA, is recognized by the Office on Violence Against Women, and serves Indian tribes Requires that tribal coalition grants also be provided to organizations that propose to incorporate and operate a tribal coalition in areas where Indian tribes are located but no tribal coalition exists. Prohibits more than 10% of the tribal coalition grant funds appropriated for each of FY2013-FY2017 from being made available to such organizations. Amends the Violence Against Women and Department of Justice Reauthorization Act of 2005 to include the Secretary of the Interior, in addition to the HHS Secretary and the Attorney General, as a participant in consultations with Indian tribes regarding the administration of tribal funds and programs, enhancement of Indian women's safety, and federal response to violent crimes against Indian women. Directs the Attorney General to submit an annual report to Congress regarding the recommendations made by Indians on those subjects during consultations. Gives Indian tribes criminal jurisdiction over domestic violence, dating violence, and violations of protective orders that occur on their lands. Makes that jurisdiction concurrent with federal and state jurisdiction. Authorizes the Attorney General to award grants to Indian tribes to assist them in exercising such jurisdiction, providing indigent defendants with free legal counsel, and securing the rights of victims of such crimes. Authorizes appropriations for FY2013-FY2017 for such grant program, and to provide participating Indian tribes with training, technical assistance, data collection, and an evaluation of their criminal justice systems. Gives Indian courts civil jurisdiction to issue and enforce protection orders. Excludes Indian courts in Alaska from that jurisdiction, except with respect to the Metlakatla Indian Community, Annette Islands Reserve. Amends the federal criminal code to increase the maximum federal penalties for assault convictions. Subjects individuals who commit an assault resulting in substantial bodily injury to a spouse, intimate partner, or a dating partner to a fine or imprisonment for up to five years, or both. Subjects individuals who assault a spouse, intimate partner, or dating partner by strangling, suffocating, or attempting to strangle or suffocate, by a fine or imprisonment up to 10 years, or both. Makes federal felony assault penalties applicable to Indians. Subjects individuals convicted under tribal law of repeat domestic violence or stalking offenses to maximum federal penalty provisions for repeat offenders. Amends the Violence Against Women and Department of Justice Reauthorization Act of 2005 to require the National Institute of Justice to include women in Alaska Native Villages and sex trafficking in its study of violence against Indian women. Reauthorizes appropriations for the study for FY2013-FY2014. Reauthorizes appropriations for the national tribal sex offender registry and the tribal protection order registry for FY2013-2017. Makes Indian tribes' criminal jurisdiction over domestic violence, dating violence, and violations of protection orders that occur on their lands effective two years after this Act's enactment. Gives them the opportunity to participate in a pilot project that allows them to exercise that jurisdiction sooner. Extends the Indian Law and Order Commission's reporting deadline by one year. Directs the Attorney General to report to Congress within one year of this Act's enactment on whether the Alaska Rural Justice and Law Enforcement Commission should be continued. Title X: Other Matters - Amends the federal criminal code to provide that the prohibition against sexual abuse of a ward in official detention or under official supervision or control shall apply: (1) during or after arrest; (2) after release pretrial; (3) while on bail, probation, supervised release, or parole; or (4) after release following a finding of juvenile delinquency or pending any further judicial proceedings. Increases penalties for criminal civil rights violations involving sexual abuse. Amends the Civil Rights of Institutionalized Persons Act to allow a prisoner in federal custody to bring a suit against the United States for a mental or emotional injury if such injury resulted from the commission of a sexual act (currently, requires a prior showing of a physical injury). Amends the Prison Rape Elimination Act of 2003 to direct the DHS Secretary to publish a final rule adopting national standards for the detection, prevention, reduction, and punishment of rapes and sexual assaults in detention facilities against aliens detained for a violation of U.S. immigration laws. Requires the HHS Secretary to publish a similar final rule for the protection of unaccompanied alien children in custodial facilities. Amends the Telecommunications Act of 1934, with respect to obscene or harassing telephone calls, to: (1) remove the intent to annoy requirement in the definition of such crime; and (2) include any specific person as an intended victim of such crime (currently, any person at the called number or who receives the communication). Amends VAWA to extend through FY2017 the grant programs for: (1) improving and implementing processes for entering data on stalking and domestic violence into crime information databases, and (2) appointing victim/witness counselors for the prosecution of sex crimes and domestic violence crimes. Amends the Victims of Child Abuse Act of 1990 to authorize appropriations for FY2013-FY2017 for child abuse and neglect technical assistance and training programs for judicial personnel and attorneys practicing in juvenile and family courts.

FHA Emergency Fiscal Solvency Act of 2012

United States · United States Congress · 27 March 2012

FHA Emergency Fiscal Solvency Act of 2012 - Amends the National Housing Act (NHA) to direct the Secretary of Housing and Urban Development (HUD) (who currently is authorized) to establish and collect additional annual premium payments for the first 11 years of the term of an insured mortgage in an amount between 0.55% and 2% of the remaining insured principal balance (with certain adjustments) for certain periods. Increases from 1.55% to 2.05% the 30-year annual premium for an insured mortgage whose original principal obligation exceeds 95% of the remaining principal balance. Revises conditions for the Secretary's exercise of authority to require indemnification for an insurance loss claim paid on a mortgage insured by a mortgagee to which the Secretary delegated insuring authority. Extends the Secretary's authority to require such an indemnification to a mortgage executed by a mortgagee approved under the direct endorsement program. Revises the conditions invoking indemnification authority to cover a circumstance where the mortgagee knew, or should have known, of a serious or material violation of the pertinent mortgage requirements, regardless of whether the violation caused the mortgage default. Makes similar revisions to the Secretary's indemnification authority in the circumstance where fraud or misrepresentation was involved in connection with the origination or underwriting and the mortgagee knew or should have known about it. Directs the Secretary to establish a process for mortgagees to appeal indemnification determinations. Directs the Secretary to establish a program to: (1) review the cause of each early period delinquency on a mortgage that is an obligation of the Mutual Mortgage Insurance Fund (Fund); (2) require indemnification of the Secretary for a loss associated with any such delinquency that results from a material violation of any guideline established or promulgated under NHA; and (3) report publicly a summary of the results of all early period reviewed delinquencies, any indemnifications required, and the financial impact on the Fund of any such indemnifications. Requires semiannual independent studies and reports during periods of capital depletion of the Fund. Directs the Secretary to analyze the cost and feasibility of an independent quarterly actuarial study of the Fund. Authorizes the Secretary to terminate the approval of the mortgagee to originate or underwrite single family mortgages for more than one area or on a nationwide basis, if the mortgagee has an excessive rate of early defaults and claims. Revises the criteria for the eligibility of a mortgage for Federal Housing Administration (FHA) insurance to authorize the participation of certain persons or entities approved by the Secretary in the origination of single family mortgages and/or home equity conversion mortgages for elderly homeowners. Directs the Secretary to require each mortgagee, as a condition for approval to originate or underwrite mortgages on HUD-insured single family or multifamily housing, to notify the Secretary of the action taken, and the reasons for it, if the mortgagee: (1) engages in the purchase of mortgages insured by the Secretary and originated by other mortgagees, or in the purchase of the servicing rights to such mortgages; and (2) at any time takes action to terminate or discontinue such purchases from another mortgagee based on any determination or evidence of fraud or material misrepresentation in connection with the origination of such mortgages. Includes among the information the Secretary of HUD is required to collect regarding early defaults on insured mortgages all data on the number of claims paid to each servicing mortgagee during each calendar quarter occurring during the applicable collection period. Establishes within FHA a Deputy Assistant Secretary for Risk Management and Regulatory Affairs, who shall be responsible for all matters relating to: (1) managing and mitigating risk to HUD mortgage insurance funds, and (2) ensuring the performances of HUD-insured mortgages. Amends the Department of Housing and Urban Development Act to establish within HUD a Chief Risk Officer for the Government National Mortgage Association (Ginnie Mae). Directs the Secretary to: (1) examine mortgage servicer compliance with the loan servicing, loss mitigation, and insurance claim submission guidelines of the FHA mortgage insurance programs; (2) estimate the annual costs to the Fund, since 2008, resulting from any failures by mortgage servicers to comply with such guidelines; and (3) develop an emergency capital plan for the restoration of the Fund's fiscal solvency. Directs the Comptroller General to provide for third party review of: (1) the financial safety and soundness of HUD mortgage insurance programs and funds, and (2) the extent of their loan loss reserves and capital adequacy. Directs the Secretary to review and revise all standards and requirements relating to disclosure of information on the mortgage insurance programs and funds. Directs the Secretary to examine all the mortgage insurance and any other FHA programs to: (1) identify the level of use and need for such programs; (2) any such programs that are unused or underused; and (3) methods for streamlining, consolidating, simplifying, increasing the efficiency of, and reducing the number of such programs.

Preservation Enhancement and Savings Opportunity Act of 2012

United States · United States Congress · 22 March 2012

Preservation Enhancement and Savings Opportunity Act of 2012 - Amends the Low-Income Housing Preservation and Resident Homeownership Act of 1990 (LIHPRHA) to entitle the owner of a property subject to a plan of action or use agreement to distribute: (1) annually, all surplus cash generated by the property; and (2) upon request made to the Secretary of Housing and Urban Development (HUD), any funds accumulated in a residual receipts account. Entitles the owner to such distribution, however, only if the individual is in material compliance with the use agreement. Declares that neither LIHPRHA, nor any plan of action or use agreement implementing it, shall restrict an owner from obtaining a new loan or refinancing a loan secured by a low-income housing project, or from distributing the proceeds of such a loan, except that the treatment of the loan for purposes of budget-based project rents shall be within the Secretary's discretion. Grants an owner who received a direct capital loan under the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1997, upon 30 days written notice to the Secretary, including payment of the present value of the loan as determined under a discount rate equal to the Office of Management and Budget's (OMB) nominal Treasury rate of appropriate duration based upon the loan's maturity, the right to defease the loan or to obtain the release of the instrument securing it. Amends the Multifamily Assisted Housing Reform and Affordability Act of 1997 with respect to the requirement that the Secretary, upon expiration of a project-based contract for low-income housing assistance under section 8 of the United States Housing Act of 1937 for a project subject to an approved plan of action under either LIHPRHA or the Emergency Low Income Housing Preservation Act of 1987, provide the owner with benefits comparable to those provided under the plan of action, including distributions, rent increase procedures, and duration of low-income affordability restrictions. Revises the requirement to require that the benefits provided to the owner be at least comparable to those provided under the plan of action. Authorizes the owner to request a rent increase.

HOMES Act

United States · United States Congress · 21 March 2012

Home Owner Managing Energy Savings Act of 2012 or the HOMES Act - Requires the Secretary of Energy (DOE) to establish the Home Energy Savings Retrofit Rebate Program to provide rebates to: (1) contractors to be passed through as discounts to homeowners who retrofit their homes to achieve energy savings, or (2) homeowners to be transferred to contractors for retrofit work. Requires the Secretary to establish: (1) a Federal Rebate Processing System to enable rebate aggregators to submit claims for reimbursement, and (2) a national retrofit website that provides information on the Program. Requires the Secretary to: (1) develop a network of rebate aggregators or a national rebate aggregator that can facilitate the delivery of rebates to reimburse participating homeowners or contractors, and (2) develop guidelines for states to allow utilities participating as rebate aggregators to count the energy savings from their participation toward state-level energy saving targets. Sets forth eligibility criteria for rebate aggregators. Requires rebates to be awarded for retrofits that achieve home energy savings in accordance with this Act if a qualified home energy efficiency retrofit of a home is carried out after January 1, 2013, by a qualified contractor. Establishes the amount of such rebates as $2,000 for a 20-24% reduction in home energy use, $3000 for a 25-29% reduction, $4,000 for a 30-34% reduction, $5,000 for a 35-39% reduction, $6,000 for a 40-44% reduction, $7,000 for a 45-49% reduction, and $8,000 for a 50% or more reduction. Requires rebates to be paid within 60 days of the submission of the rebate forms and completion of any quality assurance assessments. Requires: (1) the Secretary to establish a cost effective schedule of required quality assurance assessments, and (2) all homes to be required to have such assessment in the first year of the Program. Prohibits rebates from exceeding: (1) $10,000 per individual, or (2) 50% of the qualified home energy efficiency expenditures paid or incurred by the homeowner. Sets forth eligibility criteria for such expenditures and retrofits. Requires a state or Indian tribe that receives funding under this Act to submit to the Secretary a plan to implement a quality assurance program that covers all federally assisted residential efficiency retrofit work administered, supervised, or sponsored by the state or Indian tribe. Sets forth provisions concerning the treatment of rebates for tax purposes (excluded from taxable income).

Mutual Community Bank Competitive Equality Act

United States · United States Congress · 20 March 2012

Home-Based Health Services Training and Employment Act of 2012 - Amends the United States Housing Act of 1937 to direct the Secretary of Housing and Urban Development (HUD) to establish a pilot program to make grants on a competitive basis to eligible entities for the training of public housing residents as home health aides and providers of home-based health services to enable them to provide covered home-based health services (i.e., services for which medical assistance is available under a state Medicaid plan or for which financial assistance is available under this Act) to residents of: (1) public housing who are elderly, disabled, or both; and (2) federally-assisted rental housing who are elderly, disabled, or both, subject to criteria that the Secretary may establish. Authorizes the use of grant funds: (1) to establish or maintain and carry out a program to train public housing residents to provide covered home-based health care services to elderly and disabled public housing residents and to elderly and disabled residents of federally-assisted rental housing, (2) for the transportation and child care expenses of public housing residents in training, and (3) for the administrative expenses of carrying out such a program. Provides that for any resident of public housing who is trained as a home health aide or as a provider of home-based health services under the program, any income received for providing covered home-based health services shall apply towards eligibility for benefits under federal housing programs as specified, based on length of time following completion of the training.

Consumer Protection Home Inspection Counseling Act of 2012

United States · United States Congress · 20 March 2012

Consumer Protection Home Inspection Counseling Act of 2012 - Amends the Dodd-Frank Wall Street Reform and Consumer Protection Act to direct the Secretary of Housing and Urban Development (HUD) to publish a Mortgagee Letter informing mortgagees of their obligation to provide prospective homebuyers with specified HUD public outreach publications concerning the importance of obtaining independent home inspections. Requires persons providing housing counseling for HUD-approved counseling agencies to: (1) be trained through a certain voluntary home inspection training module, and (2) distribute and explain certain counseling aids. Requires any homeownership counseling program under HUD auspices or administration to be provided only by organizations or counselors HUD-certified as competent to provide voluntary home inspection counseling. Authorizes HUD to withhold, withdraw, or suspend housing counseling certifications for any non-compliant housing counselor or counseling entity. Requires HUD to establish a comprehensive program to train HUD staff, contractors, individuals, and entities that provide housing counseling under specified HUD-funded programs also to provide counseling to consumers on voluntary home inspection. Requires such training program to include development of a training module to: (1) train counselors as well as counseling aids for use by housing counselors and suitable for distribution to consumers; and (2) be comprehensible to untrained consumers with or without ongoing assistance from housing counselors. Requires HUD, at the Secretary's discretion, to develop a new independent protocol, or amend existing protocols, to certify that such housing counselors have successfully completed training using the voluntary home inspection training module and counseling aids established under this Act.

Stabilizing Affordable Housing for the Future Act

United States · United States Congress · 20 March 2012

Stabilizing Affordable Housing for the Future Act - Amends the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1997 and the Housing and Community Development Amendments of 1978 to: (1) repeal certain conditions on the authority of the Secretary of Housing and Urban Development (HUD) to manage multifamily projects, and (2) authorize the Secretary to provide grants (including up-front grants) and loans from the General Insurance Fund when managing and disposing of such properties. Instructs the Secretary to maintain rental assistance payments for dwelling units in any multifamily property program administered by the Secretary. Amends the Deficit Reduction Act of 2005 to redefine loan market value and property market value with respect to physically distressed properties sold by HUD in discount sales. Repeals the requirement not to take any affordability requirements into account in such valuation. Requires such values to be determined using industry standard appraisal practices. Amends the Multifamily Mortgage Foreclosure Act of 1981 to declare that Congress finds that mortgages transferred by the Secretary to state and local governments should be foreclosed in the same manner as mortgages held by the Secretary. Makes the entity designating the foreclosure commissioner (entity), whether the Secretary (as under current law) or any state or local government transferee, the guarantor of payment of any judgment against the foreclosure commissioner for damages based upon failure properly to perform the commissioner's duties. Makes such entity bear the risk of any financial default by the foreclosure commissioner. Declares that the entity shall be fully subrogated to the rights satisfied by such payment, in the event that any guarantee payments are made. Directs the Secretary to issue a proposed rulemaking that applies certain statutory participation and certification requirements to potential purchasers of multifamily housing with a mortgage insured under the National Housing Act, or for which assistance is provided under section 8 of the United States Housing Act of 1937. Requires the Secretary to post on a website information regarding multifamily housing properties for which: (1) federal rental assistance is provided, (2) other rental assistance or a subsidy is provided under a program administered by the Secretary, or (3) a mortgage is insured under the National Housing Act.

FAILURE TO RECOVER: THE STATE OF HOUSING MARKETS, MORTGAGE SERVICING PRACTICES, AND FORECLOSURES

United States · United States House of Representatives · 19 March 2012

Repeal Big Oil Tax Subsidies Act

United States · United States Congress · 19 March 2012

Repeal Big Oil Tax Subsidies Act - Amends the Internal Revenue Code to extend through 2012: (1) the tax credit for residential energy efficiency improvement expenditures, (2) the tax credit for the purchase of plug-in electric vehicles, (3) the tax credit for alternative fuel vehicle refueling property expenditures, (4) the income and excise tax credits for biodiesel and renewable diesel used as fuel and fuel mixtures, (5) the tax credit for production of electricity from refined coal production facilities, (6) the tax credit for the construction of new energy-efficient homes, (7) the tax credit for energy-efficient appliances, (8) the suspension of the income limitation on percentage depletion for oil and gas from marginal wells, (9) the excise tax credit for alternative fuels and fuel mixtures, and (10) the tax credit for mine rescue team training expenditures and the election to expense mine safety equipment. Extends through 2013: (1) the cellulosic biofuel producer tax credit, and (2) the special depreciation allowance for cellulosic biofuel plant property. Extends the tax credit for the production of electricity from wind resources through 2013 and from other renewable resources through 2014. Allows an increase in such credit for production from Indian coal facilities. Extends the tax credit for investment in wind facilities through 2013 and for investment in offshore facilities using wind to produce electricity through 2014. Increases the allocation of credits under the qualifying advanced energy project (i.e., the project for the production of renewable and alternative energy resources). Amends the American Recovery and Reinvestment Act of 2009 to extend through 2012 the grant program for investment in renewable energy resources in lieu of tax credits. Modifies the definition of "cellulosic biofuel," for purposes of the cellulosic biofuel producer tax credit and the bonus depreciation allowance, to mean any liquid fuel which is derived solely by, or from, qualified feedstocks. Defines "qualified feedstocks" as any lignocellulosic or hemicellulosic matter that is available on a renewable or recurring basis and any cultivated algae, cyanobacteria, or lemna. Limits or repeals certain tax benefits for major integrated oil companies (defined as companies with annual gross receipts over $1 billion and an average daily worldwide production of crude oil of at least 500,000 barrels), including: (1) the foreign tax credit; (2) the tax deduction for income attributable to oil, natural gas, or primary products thereof; (3) the tax deduction for intangible drilling and development costs; (4) the percentage depletion allowance for oil and gas wells; (5) the tax deduction for qualified tertiary injectant expenses. Amends the Energy Policy Act of 2005 to repeal royalty relief (suspension of royalties) for: (1) natural gas production from deep wells in shallow waters of the Gulf of Mexico; and (2) deep water oil and gas production in the Western and Central Planning Area of the Gulf (including the portion of the Eastern Planning Area encompassing whole lease blocks lying west of 87 degrees, 30 minutes west longitude). Dedicates any increased revenue generated by this Act to the reduction of a federal budget deficit or the federal debt. Provides for compliance of the budgetary effects of this Act with the Statutory Pay-As-You-Go Act of 2010.

Restore our Neighborhoods Act of 2012

United States · United States Congress · 19 March 2012

Restore our Neighborhoods Act of 2012 - Amends the Internal Revenue Code to establish a new category of tax credit bonds to be known as qualified urban demolition bonds. Allows the issuance of $4 billion of such bonds for the purpose of demolishing vacant, abandoned, and tax delinquent properties in urban areas. Provides for the allocation of $2 billion to all states to fund such demolition projects, and an additional $2 billion for certain other states that have greater numbers of vacant or foreclosed properties and higher unemployment rates (qualified states).

TRANSPORTATION AND HOUSING AND URBAN DEVELOPMENT, AND RELATED AGENCIES APPROPRIATIONS FOR FISCAL YEAR 2013

United States · United States Senate · 15 March 2012

STRENGTHENING THE HOUSING MARKET AND MINIMIZING LOSSES TO TAXPAYERS

United States · United States Senate · 15 March 2012

DEPARTMENTS OF TRANSPORTATION, AND HOUSING AND URBAN DEVELOPMENT, AND RELATED AGENCIES APPROPRIATIONS FOR 2013

United States · United States House of Representatives · 8 March 2012

TRANSPORTATION AND HOUSING AND URBAN DEVELOPMENT, AND RELATED AGENCIES APPROPRIATIONS FOR FISCAL YEAR 2013

United States · United States Senate · 8 March 2012

ADDRESSING THE HOUSING CRISIS IN INDIAN COUNTRY: LEVERAGING RESOURCES AND COORDINATING EFFORTS

United States · United States Senate · 8 March 2012

Federal Real Property Asset Management Reform Act of 2012

United States · United States Congress · 8 March 2012

Federal Real Property Asset Management Reform Act of 2012 - Imposes new duties on federal agencies that have statutory authority to control real property (landholding agencies), including the duty to maintain adequate inventory controls and accountability systems for such property, to report underutilized property, and to establish goals for reducing inventories of underutilized property. Defines "underutilized property" as federal property that is excess, surplus, underperforming, or otherwise not meeting the needs of the federal government. Establishes within the Office of Management and Budget (OMB) the Federal Real Property Council. Sets forth the duties of the Council, including to: (1) establish an asset management plan that includes performance measures to determine the effectiveness of federal real property management; (2) analyze and report on the existing inventory of federal civilian real properties and the condition of such properties; and (3) submit to the OMB Director an asset disposal plan that includes an annual goal to be used by landholding agencies in reducing, by not later than two years after the enactment of this Act, underutilized property in the inventory of the federal government. Requires the Administrator of the General Services Administration (GSA) to establish and maintain a single, comprehensive, and descriptive database of all real property under the custody and control of all landholding agencies. Requires the OMB Director to establish an expedited disposal program for underutilized federal properties, under which such properties must be sold for not less than fair market value and the proceeds of such sales must exceed the costs of disposal. Directs the Secretary of Housing and Urban Development (HUD): (1) to make grants to private nonprofit organizations through the continuum of care program to purchase property to assist the homeless; and (2) in awarding such grants, to give preference to organizations that operate within areas in which federal real property is being sold under the disposal program authorized by this Act.

Second Chance at Homeownership Act of 2012

United States · United States Congress · 8 March 2012

Second Chance at Homeownership Act of 2012 - Amends the National Housing Act to establish in the Federal Housing Administration (FHA) a Second Chance at Homeownership Program to: (1) create a voluntary FHA program to provide lenders for qualified second-chance borrowers and support long-term, sustainable homeownership; (2) target mortgage assistance to enable families to become homeowners of a one- to four-family principal residence; and (3) ensure the Program remains in effect only for as long as necessary to provide stability to the housing market. Authorizes the Secretary of Housing and Urban Development (HUD) to insure mortgages meeting specified criteria under the Program. Defines a "second-chance borrower" as any mortgagor who has not been: (1) the mortgagor under any other mortgage or had any present ownership interest in any residence after January 1, 2011, unless the Secretary makes exceptions for a mortgagor who has inherited a property; (2) delinquent with respect to any of the most recent 12 monthly rental payments due for the rental of the mortgagor's principal residence; or (3) convicted under federal or state law for fraud during the 10-year period before insurance of the mortgage under the Program. Requires the borrower's net worth to be $1 million or less.

To amend title 10, United States Code, to require contractors and subcontractors working on military construction projects to comply with licensing requirements for employees working at the project location.

United States · United States Congress · 8 March 2012

Directs the Secretary of the military department concerned, as a condition of each contract awarded in connection with a military construction or family housing project, to require the contractor (and any appropriate subcontractor) to comply with workforce licensing requirements imposed by the state and other jurisdictions in which the project is conducted for all employees of the contractor (and any appropriate subcontractor) who work at the project location. Authorizes the Secretary of Defense (DOD) to waive such requirement on a case-by-case basis for national security purposes.

Preserving Consumers' Mortgage Origination Choices Act of 2012

United States · United States Congress · 7 March 2012

Preserving Consumer's Mortgage Origination Choices Act of 2012 - Amends the Truth in Lending Act with respect to the prohibitions against: (1) steering incentives in connection with residential mortgage loan origination; and (2) the restructuring of a financing origination fee, except in certain circumstances. Declares that nothing in such prohibitions shall be construed as prohibiting a mortgage originator who receives compensation directly from a consumer from compensating another mortgage originator employee, mortgage originator agent, or mortgage originator contractor based on the principal amount of the loan, provided that the amount of compensation received by such employee, agent, or contractor may not vary based on any other terms of the loan. Allows a mortgage originator, at the consumer's request, to reduce the amount of compensation the originator is receiving to offset permitted settlement charges (other than those the originator controls) that exceed the amounts previously disclosed on the good faith estimate of the settlement charges given to that consumer, provided that the originator's compensation may not increase.

Project Rebuild Act

United States · United States Congress · 6 March 2012

Project Rebuild Act - Appropriates funds for assistance to eligible entities, including state and local governments, and qualified nonprofit organizations, businesses or eligible consortia, for the redevelopment of abandoned and foreclosed-upon properties and for stabilization of affected neighborhoods (Project Rebuild). Allows such grantees to give priority emphasis and consideration to areas that have lost occupiable housing stock within three years of the enactment of this Act due to the effects of presidentially declared disasters. Allows the use of funds to: (1) establish financing mechanisms for the purchase and redevelopment of abandoned and foreclosed-upon properties; (2) purchase and rehabilitate such properties; (3) establish and operate land banks for them, as well as for properties demolished or severely damaged by presidentially declared disasters; (4) demolish blighted structures (except public housing); and (5) redevelop abandoned, foreclosed, demolished, or vacant properties. Requires each state to receive at least $20 million of formula funds, all of which shall be used with respect to low and moderate-income individuals and families. Requires each state and local government grantee to establish procedures to create preferences for development of affordable rental housing. Allows a grantee to use up to 10% to create jobs by establishing and operating a program to maintain eligible neighborhood properties. Subjects amounts appropriated, revenues generated, and amounts otherwise made available under this Act to: (1) the requirement of the Housing and Community Development Act of 1974 that all laborers and mechanics employed by contractors and subcontractors on federally-assisted projects be paid wages at the locally prevailing rates (Davis-Bacon Act); and (2) the Secretary's authority to waive such wage rate and certain employment protection requirements with respect to grants to Indian tribes.

Section 8 Reform, Responsibility, and Accountability Act of 2012

United States · United States Congress · 6 March 2012

Section 8 Reform, Responsibility, and Accountability Act of 2012 - Amends the United States Housing Act of 1937 (USHA) to prohibit section 8 rental assistance (including tenant- and project-based assistance) from being provided to any family that includes a convicted felon or illegal alien. Places a five-year limitation on section 8 rental assistance, disregarding any month during which such individual was a member of a disabled or elderly family so assisted. Prohibits such assistance on behalf of any family, unless each member of the family who is 18 years of age or older performs at least 20 hours of work activities per week. Requires the Secretary of Housing and Urban Development (HUD) to exempt from such prohibition any individual family member who meets certain requirements. Requires a public housing agency (PHA), in providing such housing assistance, to give preference to families that include a member who is a veteran that will reside in the dwelling unit. Declares that requirements relating to termination of housing assistance and termination of tenancy shall apply to any section 8 housing assistance provided, any housing assistance payments contract, and any tenant of a unit assisted. Prohibits any requirement of USHA, or of any housing assistance payments contract under USHA, from being construed to annul, alter, affect, or exempt any person or housing assisted under it or under such a contract from complying with the laws of any state or local government. Expresses the sense of Congress that the HUD Moving to Work demonstration program under the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1996 should be expanded to include significantly more PHAs. Authorizes the use of unspent section 8 housing assistance payments for section 8 compliance measures. Requires approved PHA plans, including modifications and amendments, to be made public at the PHA's office and in electronic form on the World Wide Web.

Strengthening Economic Development Through Affordable Housing Act of 2012

United States · United States Congress · 6 March 2012

Strengthening Economic Development Through Affordable Housing Act of 2012 - Amends the State Small Business Credit Initiative Act of 2010 to allow states participating in the state small business credit initiative to provide funds to community housing development organizations to be used: (1) to develop, acquire, rehabilitate, maintain, operate, or manage housing projects for low- or moderate-income households; (2) to cover any matching, non-federal contribution required in connection with any other federal grant or assistance program providing such housing; or (3) to purchase foreclosed properties and property being sold by a state or local government in order to provide such housing.

TRANSPORTATION AND HOUSING AND URBAN DEVELOPMENT, AND RELATED AGENCIES APPROPRIATIONS FOR FISCAL YEAR 2013

United States · United States Senate · 1 March 2012

TRANSPORTATION AND HOUSING AND URBAN DEVELOPMENT, AND RELATED AGENCIES APPROPRIATIONS FOR FISCAL YEAR 2013

United States · United States Senate · 1 March 2012

Lead Exposure Reduction Amendments Act of 2012

United States · United States Congress · 1 March 2012

Lead Exposure Reduction Amendments Act of 2012 - Amends the Toxic Substances Control Act (TSCA) to exclude from the definition of "abatement" any renovation, remodeling, landscaping, or other activity: (1) the primary purpose of which is to repair, restore, or remodel a structure or dwelling; and (2) that incidentally results in a reduction or elimination of lead-based paint hazards. Removes from the definition of "lead-based paint" lead levels that may be established by the Administrator of the Environmental Protection Agency (EPA) for paint or surface coating that are not otherwise specified in such definition. Requires the Administrator to: (1) conduct a lead-based paint certification study prior to proposing any new regulation applicable to target housing or public or commercial buildings constructed before 1978; and (2) complete and publish such study no later than a year prior to proposing any new regulation applicable to such structure or dwelling. Exempts from such regulations emergency renovations that result from a sudden, unexpected event that presents a risk to the public health or safety or threatens to cause significant damage to equipment or property if not attended to immediately. Prohibits such regulation from requiring post-abatement clearance testing. Requires the Administrator, in promulgating regulations relating to renovation or remodeling activities in target housing in which the owner resides, to include a provision that permits the owner to authorize the renovation or remodeling contractor to forego compliance with such regulation if: (1) no pregnant woman or child under the age of six resides in such housing; and (2) the owner certifies that the renovation or remodeling project is to be carried out at the target housing of the owner, that no such woman or child resides in such housing, and that such contractor will be exempt from employing the work practices required by such regulation. Exempts contractors from liability resulting from any misrepresentation of the owner of the target housing. Requires the Administrator to: (1) establish a process by which the Administrator shall identify and approve a commercially available lead-based paint test kit that is inexpensive, does not require special training, and enables users to determine the presence of lead at the job site; and (2) suspend implementation of such regulation relating to renovation and remodeling until the Administrator identifies and approves one or more test kits that meet such criteria.

OVERSIGHT OF THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

United States · United States House of Representatives · 28 February 2012

Safe Housing for Homeless Veterans Act

United States · United States Congress · 17 February 2012

Safe Housing for Homeless Veterans Act - Prohibits the Secretary of Veterans Affairs (VA) from making a grant or providing other assistance to any entity for the provision of housing or housing services to homeless veterans unless such entity submits to the Secretary a certification that the building proposed for such housing or services is in compliance with all local codes relevant to operations and level of care provided, as well as any other local requirements regarding the condition of the structure and the operation of the supportive housing or service center. Directs the Secretary, in awarding such grants, to give priority to entities seeking a grant or assistance for a project that includes making improvements to a building to ensure that the building meets such codes and other requirements. Requires entities receiving grants or assistance for the fiscal year during which this Act is enacted to submit such a certification within two years after enactment.

To amend the Truth in Lending Act to add a rule of construction relating to certain payments to an employee of a mortgage originator.

United States · United States Congress · 17 February 2012

Amends the Truth in Lending Act to deny any construction of the prohibition against residential mortgage loan originator steering incentives as prohibiting a creditor or mortgage originator from reducing compensation to an employee mortgage originator if, after the employee mortgage originator has made the consumer an initial annual percentage rate (APR) offer, the employee mortgage originator makes a subsequent offer to the consumer that: (1) consists only of a reduction in the APR, and (2) is made in response to a lower APR offer to the consumer by another creditor or mortgage originator.

Prompt Notification of Short Sales Act

United States · United States Congress · 16 February 2012

Prompt Notification of Short Sales Act - Requires each servicer of a home mortgage to respond in writing within 75 days to a mortgagor of a residential mortgage loan who has requested in writing a short sale of the dwelling or residential real property that is subject to the mortgage, deed of trust, or other security interest securing the mortgage loan. Authorizes an aggrieved individual to bring a civil action for damages and equitable relief for any violation of this Act. Declares this Act inapplicable to certain residential mortgages entered into before its enactment whose mortgage agreements explicitly provide a procedure or terms for a short sale approval.

Bankruptcy Equity Act of 2012

United States · United States Congress · 16 February 2012

Bankruptcy Equity Act of 2012 - Amends federal bankruptcy law governing a Chapter 13 debtor (adjustment of debts of an individual with regular income) to exclude from the computation of debts the secured or unsecured portions of: (1) debts secured by the debtor's principal residence if the current value of that residence is less than the secured debt limit, or (2) debts secured or formerly secured by real property that was the debtor's principal residence that was sold in foreclosure or that the debtor surrendered to the creditor if the current value of such real property is less than the secured debt limit. Declares the credit counseling requirement inapplicable to a Chapter 13 debtor who certifies that he or she has received notice that the holder of a claim secured by the debtor's principal residence may commence a foreclosure on it. Permits a Chapter 13 bankruptcy plan to modify the rights of claim holders with respect to a claim for a loan originated before the effective date of this Act and secured by a security interest in the debtor's principal residence that is the subject of a foreclosure notice. Authorizes reduction of a claim secured by the debtor's principal residence, but only in specified circumstances, particularly if the debtor sells the residence. Permits a Chapter 13 bankruptcy plan to deny debtor liability for certain fees and charges incurred while the bankruptcy case is pending and arising from a debt secured by the debtor's principal residence, unless the claim holder observes specified requirements. Adds to conditions for court confirmation of a plan in bankruptcy that: (1) the holder of a claim secured by the debtor's principal residence retain the lien securing the claim until the later of the payment of the allowed secured claim or the discharge of a debtor from all debts, and (2) the plan modifies the claim in good faith. Excludes from the final discharge of a debtor from all debts any unpaid portion of such a claim as reduced. Expands federal procedures governing default on veterans' housing loans. Authorizes the Secretary of Veterans Affairs, in the event of a modification in bankruptcy, to pay the holder of the obligation the unpaid balance due as of the date of the filing of the bankruptcy petition, plus accrued interest, but only upon assignment, transfer, and delivery of all rights, interest, claims, evidence, and records regarding the loan. Amends the National Housing Act to authorize the Secretary of Housing and Urban Development (HUD) to: (1) pay Federal Housing Administration (FHA) mortgage insurance benefits for a mortgage modified under federal bankruptcy law, and (2) implement a program solely to encourage loan modifications for eligible delinquent mortgages through the payment of insurance benefits and assignment of the mortgage to the Secretary and the subsequent modification of the terms of the mortgage according to a loan modification approved by the mortgagee. Amends the Housing Act of 1949, with respect to guaranteed rural housing loans under the Doug Bereuter Section 502 Single Family Housing Loan Guarantee Program, to authorize the Secretary of Agriculture to: (1) pay guaranteed portion of any losses incurred by the holder of a note or the loan servicer resulting from a modification in a bankruptcy proceeding, and (2) use the Rural Housing Insurance Fund to pay for losses incurred by holders or servicers in the event of a modification pursuant to a bankruptcy proceeding.

STATE OF THE HOUSING MARKET: REMOVING BARRIERS TO ECONOMIC RECOVERY

United States · United States Senate · 9 February 2012

Preserving American Homeownership Act of 2012

United States · United States Congress · 9 February 2012

Preserving American Homeownership Act of 2012 - Requires the Director of the Federal Housing Finance Agency and the Federal Housing Commissioner each to establish a pilot program to encourage the use of shared appreciation mortgage modifications that: (1) are designed to return greater cash flow to investors than other loss-mitigation activities, including foreclosure; and (2) result in positive net present value for the investor. Requires a shared appreciation mortgage modification to: (1) reduce by specified action the loan-to-value ratio of a covered mortgage to 95% within 3 years; (2) reduce the interest rate if such a principal reduction would not result in an affordable reduced monthly payment; (3) reduce to a specified amount any periodic payment the homeowner is required to make; (4) require the homeowner to pay the investor, after refinancing or selling the real property securing a covered mortgage, up to 50% of the amount of any increase in the value of the real property during a specified period; and (5) result in a positive net present value for the investor after taking into account the principal reduction and, if necessary, any interest rate reduction.

Keeping Families in their Home Act of 2012

United States · United States Congress · 9 February 2012

Keeping Families in their Home Act of 2012 - Amends the Federal Deposit Insurance Act to authorize any depository institution (or affiliate) to lease, including lease with an option to purchase or a right of first refusal, to any individual for up to five years an interest in residential property which: (1) was or is security for an extension of credit by such depository institution (or affiliate), and (2) came under the institution's or affiliate's ownership or control through foreclosure (or a deed in lieu of foreclosure) on the extension of credit. Preempts any federal or state law that would: (1) restrict the time during which a depository institution or its affiliate may hold or lease property, or (2) prohibit a depository institution or its affiliate from leasing property. Directs the federal banking agencies to prescribe specified joint safety and soundness regulations, including minimum capital requirements for such institutions or affiliates. Permits extension of such a lease beyond five years if any federal or state law, including the Bank Holding Company Act of 1956, so permits. Applies this Act only to leases entered into during the three-year period beginning on the date of the enactment of this Act. Declares it is the intent of Congress that: (1) no permanent change in policy on leasing foreclosed property is being established with respect to depository institutions and depository institution holding companies, and (2) bank leasing of foreclosed property authorized under this Act should not apply to leases entered into after such three-year period. Authorizes a government-sponsored enterprise (the Federal National Mortgage Association [Fannie Mae] or the Federal Home Loan Mortgage Corporation [Freddie Mac]) to market for rental, before sale, any of its real estate owned properties and assets as the Federal Housing Finance Agency (FHFA) determines appropriate. Restricts lease agreements to five years.

Home Building Lending Improvement Act of 2012

United States · United States Congress · 7 February 2012

Home Building Lending Improvement Act of 2012 - Directs each of the appropriate federal banking agencies to initiate guidance or rulemaking with respect to financial institutions under their respective jurisdictions that make real estate loans to home builders. Requires such rulemaking to provide for: (1) adjustment from 100% to 125% of bank capital the measurement that triggers additional scrutiny on real estate loans in the lending portfolio of any qualified financial institution, (2) a prohibition against compelling lenders to call loans in good standing, and (3) improved composite ratings of a financial institution to take effect immediately. Prohibits a federal banking agency also from preventing a qualified financial institution from making a real estate loan to a home builder in good standing that is secured by a viable project, unless there is a legitimate supervisory or accounting reason to do so. Prohibits such banking agencies from requiring a financial institution to reclassify any real estate loan to a homebuilder in good standing on the balance sheet of such institution, unless there is a legitimate supervisory or accounting reason to do so. Prohibits such agency guidance and regulations from superseding state law, except to the extent of state law inconsistency.

Helping Homeowners Refinance Act

United States · United States Congress · 6 February 2012

Helping Homeowners Refinance Act - Requires the Director of the Federal Housing Finance Agency to promulgate rules prohibiting the Federal National Mortgage Association (Fannie Mae) and Federal Home Loan Mortgage Corporation (Freddie Mac) (government sponsored enterprises or GSEs) and their affiliates from holding any possessory interest in or otherwise owning, in whole or in part, any financial market instrument that would, in the Director's discretion, substantially reduce the financial incentive to carry out the statutory mission of the GSEs to provide liquidity, stability, and affordability to the U.S. housing market under the Federal Home Loan Mortgage Corporation Act and the Federal National Mortgage Association Charter Act. Directs Freddie Mac to implement policies (consistent with Fannie Mae's as of February 1, 2012) to reduce the putback risk on a mortgage, including any putback risk associated with loan refinancing, regardless of the loan-to-value ratio on the mortgage. Defines "putback risk" as the probability that a GSE would require a loan originator to repurchase a loan purchased by the GSE. Requires the GSEs to apply the same putback risks to all financial institutions that refinance mortgage loans owned or guaranteed by a GSE, regardless of whether the loans being refinanced were originated by the same institution that is originating the new loan. Authorizes the Director to waive any rule under this Act or the application of such a putback risk if the Director certifies in writing to Congress that the GSE's safety and soundness is put at risk by the applicability of the putback risk.