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of the Senate, a final report not later than De (ii) does not have a low- and moderate-in any subsidy (other than section 8 assistance) cember 31, 2001. The report shall contain a de come use restriction that can not be eliminated provided by the Department of Housing and tailed statement of the findings and conclusions by unilateral action by the owner;

Urban Development. of the Commission with respect to the study con "(iii) is decent, safe, and sanitary housing, as (6) EXCEPTION RENTS.ducted under subsection (b), together with its determined by the Secretary;

(1) RENEWAL.In the case of a multifamily recommendations for legislation, administrative (iv) is not

housing project described in paragraph (2), puractions, and any other actions the Commission (I) owned by a nonprofit entity;

suant to the request of the owner of the project, considers appropriate.

(II) subject to a contract for moderate reha the contract for assistance for the project pursu(g) TERMINATION.The Commission shall ter

bilitation assistance under section 8(e)(2) of the ant to subsection (a) shall provide assistance at minate on June 30, 2002. Section 14(a)(2)(B) of

United States Housing Act of 1937, as in effect the lesser of the following rent levels: the Federal Advisory Committee Act (5 U.S.C. before October 1, 1991; or

(A) ADJUSTED EXISTING RENTS.——The existing App.; relating to the termination of advisory

"(III) a project for which the public housing rents under the expiring contract, as adjusted committees) shall not apply to the Commission.

agency provided voucher assistance to one or by an operating cost adjustment factor estab

more of the tenants after the owner has pro lished by the Secretary (which shall not result Subtitle CRenewal of Expiring Rental As

vided notice of termination of the contract cov in a negative adjustment). sistance Contracts and Protection of Resiering the tenant's unit; and

"(B) BUDGET-BASED RENTS.-Subject to a dedents

(v) has units assisted under the contract for termination by the Secretary that a rent level SEC. 531. RENEWAL OF EXPIRING CONTRACTS which the comparable market rent exceeds 110 under this subparagraph is appropriate for a AND ENHANCED VOUCHERS FOR percent of the fair market rent.

project, a rent level that provides income suffiPROJECT RESIDENTS.

The Secretary may adjust the percentages of cient to support a budget-based rent (including (a) IN GENERAL.-Section 524 of the Multi fair market rent (as specified in the matter pre a budget-based rent adjustment if justified by family Assisted Housing Reform and Afford ceding clause (i) and in clause (v)), but only reasonable and expected operating expenses). ability Act of 1997 (42 U.S.C. 1437f note) is upon a determination and written notification (2) PROJECTS COVERED.-A multifamily housamended to read as follows:

to the Congress within 10 days of making such ing project described in this paragraph is a mul"SEC. 524. RENEWAL OF EXPIRING PROJECT

determination, that such adjustment is nec tifamily housing project thatBASED SECTION 8 CONTRACTS.

essary to ensure that this subparagraph covers (A) is not an eligible multifamily housing (a) ÎN GENERAL.

projects with a high risk of nonrenewal of expir project under section 512(2); or (1) RENEWAL.-Subject to paragraph (2), ing contracts for project-based assistance.

(B) is exempt from mortgage restructuring upon termination or expiration of a contract for

"(B) REDUCTION TO MARKET RENTS.In the under this subtitle pursuant to section 514(h). project-based assistance under section 8 for a

case of a project that has rent levels under the "(3) MODERATE REHABILITATION PROJECTS.multifamily housing project (and notwith

expiring or terminating contract that exceed In the case of a project with a contract under standing section 8(v) of the United States Hous

comparable market rents for the market area, at the moderate rehabilitation program, other than ing Act of 1937 for loan management assistance),

rent levels equal to such comparable market a moderate rehabilitation contract under section the Secretary shall, at the request of the owner rents.

441 of the Stewart B. McKinney Homeless Asof the project and to the extent sufficient

(C) RENTS NOT EXCEEDING MARKET RENTS. sistance Act, pursuant to the request of the amounts are made available in appropriation

In the case of a project that is not subject to owner of the project, the contract for assistance Acts, use amounts available for the renewal of

subparagraph (A) or (B), at rent levels that for the project pursuant to subsection (a) shall assistance under section 8 of such Act to provide

(i) are not less than the existing rents under provide assistance at the lesser of the following such assistance for the project. The assistance

the terminated or expiring contract, as adjusted rent levels: shall be provided under a contract having such

by an operating cost adjustment factor estab (A) ADJUSTED EXISTING RENTS.The existing terms and conditions as the Secretary considers

lished by the Secretary (which shall not result rents under the expiring contract, as adjusted appropriate, subject to the requirements of this

in a negative adjustment), if such adjusted rents by an operating cost adjustment factor estabsection. This section shall not require contract

do not exceed comparable market rents for the lished by the Secretary (which shall not result renewal for a project that is eligible under this market area; and

in a negative adjustment).

"(ii) do not exceed comparable market rents "(B) FAIR MARKET RENTS.Fair market rents subtitle for a mortgage restructuring and rental

for the market area. assistance sufficiency plan, if there is no ap

(less any amounts allowed for tenant-purchased In determining the rent level for a contract utilities). proved plan for the project and the Secretary determines that such an approved plan is nec

under this subparagraph, the Secretary shall (C) MARKET RENTS.Comparable market

approve rents sufficient to cover budget-based rents for the market area. essary.

cost increases and shall give greater consider (C) RENT ADJUSTMENTS AFTER RENEWAL OF (2) PROHIBITION ON RENEWAL.-Notwith

ation to providing rent at a level up to com CONTRACT.standing part 24 of title 24 of the Code of Fed

parable market rents for the market area based (1) REQUIRED.-After the initial renewal of a eral Regulations, the Secretary may elect not to

on the number of the criteria under clauses (i) contract for assistance under section 8 of the renew assistance for a project otherwise re

through (iii) of subparagraph (D) that the United States Housing Act of 1937 pursuant to quired to be renewed under paragraph (1) or project meets.

subsection (a), (b)(1), or (e)(2), the Secretary provide comparable benefits under paragraph

(D) WAIVER OF 150 PERCENT LIMITATION. shall annually adjust the rents using an oper(1) or (2) of subsection (e) for a project described

Notwithstanding subparagraph (A), at rent lev ating cost adjustment factor established by the in either such paragraph, if the Secretary deter

els up to comparable market rents for the market Secretary (which shall not result in a negative mines that a violation under paragraph (1)

area, in the case of a project that meets the re adjustment) or, upon the request of the owner through (4) of section 516(a) has occurred with

quirements under clauses (i) through (v) of sub and subject to approval of the Secretary, on a respect to the project. For purposes of such a deparagraph (A) and

budget basis. In the case of projects with contermination, the provisions of section 516 shall

(i) has residents who are a particularly vul tracts renewed pursuant to subsection (a) or apply to a project under this section in the same

nerable population, as demonstrated by a high pursuant to subsection (e)(2) at rent levels equal manner and to the same extent that the provi

percentage of units being rented to elderly fami to comparable market rents for the market area, sions of such section apply to eligible multilies, disabled families, or large families;

at the expiration of each 5-year period, the Secfamily housing projects, except that the Sec

(ii) is located in an area in which tenant retary shall compare existing rents with comretary shall make the determination under sec

based assistance would be difficult to use, as parable market rents for the market area and tion 516(a)(4).

demonstrated by a low vacancy rate for afford may make any adjustments in the rent nec(3) CONTRACT TERM FOR MARK-UP-TO-MAR

able housing, a high turnback rate for vouchers, essary to maintain the contract rents at a level KET CONTRACTS.In the case of an expiring or or a lack of comparable rental housing; or

not greater than comparable market rents or to terminating contract that has rent levels less

(iii) is a high priority for the local commu increase rents to comparable market rents. than comparable market rents for the market

nity, as demonstrated by a contribution of State (2) DISCRETIONARY.-In addition to review area, if the rent levels under the renewal conor local funds to the property.

and adjustment required under paragraph (1), tract under this section are equal to comparable In determining the rent level for a contract in the case of projects with contracts renewed market rents for the market area, the contract

under this subparagraph, the Secretary shall pursuant to subsection (a) or pursuant to subshall have a term of not less than 5 years, sub approve rents sufficient to cover budget-based section (e)(2) at rent levels equal to comparable ject to the availability of sufficient amounts in

cost increases and shall give greater consider market rents for the market area, the Secretary appropriation Acts.

ation to providing rent at a level up to com may, at the discretion of the Secretary but only (4) RENEWAL RENTS.-Except as provided in parable market rents for the market area based once within each 5-year period referred to in subsection (b), the contract for assistance shall

on the number of the criteria under clauses (i) paragraph (1), conduct a comparison of rents provide assistance at the following rent levels: through (iv) that the project meets.

for a project and adjust the rents accordingly to (A) MARKET RENTS.At the request of the (5) COMPARABLE MARKET RENTS AND COM maintain the contract rents at a level not greatowner of the project, at rent levels equal to the PARISON WITH FAIR MARKET RENTS.-The Sec er than comparable market rents or to increase lesser of comparable market rents for the market retary shall prescribe the method for deter rents to comparable market rents. area or 150 percent of the fair market rents, in mining comparable market rent by comparison (d) ENHANCED VOUCHERS UPON CONTRACT the case only of a project that,

with rents charged for comparable properties (as EXPIRATION. (i) has rent levels under the expiring or ter such term is defined in section 512), which may (1) IN GENERAL.-In the case of a contract minating contract that do not exceed such com include appropriate adjustments for utility al for project-based assistance under section 8 for parable market rents;

lowances and adjustments to reflect the value of a covered project that is not renewed under sub

section (a) or (b) of this section (or any other authority), to the extent that amounts for assistance under this subsection are provided in advance in appropriation Acts, upon the date of the expiration of such contract the Secretary shall make enhanced voucher assistance under section 8(t) of the United States Housing Act of 1937 (42 U.S.C. 1437f(t)) available on behalf of each low-income family who, upon the date of such expiration, is residing in an assisted dwelling unit in the covered project.

(2) DEFINITIONS.For purposes of this subsection, the following definitions shall apply:

(A) ASSISTED DWELLING UNIT.-The term 'assisted dwelling unit' means a dwelling unit that

"(i) is in a covered project; and

(ii) is covered by rental assistance provided under the contract for project-based assistance for the covered project.

(B) COVERED PROJECT.-The term 'covered project' means any housing that

"(i) consists of more than 4 dwelling units;

(ii) is covered in whole or in part by a contract for project-based assistance under

(1) the new construction or substantial rehabilitation program under section 8(b)(2) of the United States Housing Act of 1937 (as in effect before October 1, 1983);

(II) the property disposition program under section 8(b) of the United States Housing Act of 1937;

(III) the moderate rehabilitation program under section 8(e)(2) of the United States Housing Act of 1937 (as in effect before October 1, 1991);

"(IV) the loan management assistance program under section 8 of the United States Housing Act of 1937;

“(V) section 23 of the United States Housing Act of 1937 (as in effect before January 1, 1975);

"(VI) the rent supplement program under section 101 of the Housing and Urban Development Act of 1965; or

"(VII) section 8 of the United States Housing Act of 1937, following conversion from assistance under section 101 of the Housing and Urban Development Act of 1965, which contract will (under its own terms) expire during the period consisting of fiscal years 2000 through 2004; and

(iii) is not housing for which residents are eligible for enhanced voucher assistance as provided, pursuant to the Preserving Existing Housing Investment' account in the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1997 (Public Law 104–204; 110 Stat. 2884) or any other subsequently enacted provision of law, in lieu of any benefits under section 223 of the Low-Income Housing Preservation and Resident Homeownership Act of 1990 (12 U.S.C. 4113).

**(4) AUTHORIZATION OF APPROPRIATIONS.— There are authorized to be appropriated for each of fiscal years 2000, 2001, 2002, 2003, and 2004 such sums as may be necessary for enhanced voucher assistance under this subsection. (e)

CONTRACTUAL COMMITMENTS UNDER PRESERVATION LAWS.-Except as provided in subsection (a)(2) and notwithstanding any other provision of this subtitle, the following shall apply:

*(1) PRESERVATION PROJECTS.Upon expiration of a contract for assistance under section 8 for a project that is subject to an approved plan of action under the Emergency Low Income Housing Preservation Act of 1987 (12 U.S.C. 17151 note) or the Low-Income Housing Preservation and Resident Homeownership Act of 1990 (12 U.S.C. 4101 et seq.), to the extent amounts are specifically made available in appropriation Acts, the Secretary shall provide to the owner benefits comparable to those provided under such plan of action, including distributions, rent increase procedures, and duration of lowincome affordability restrictions. This paragraph shall apply to projects with contracts ex

piring before, on, or after the date of the enactment of this section.

(2) DEMONSTRATION PROJECTS.

(A) IN GENERAL.--Upon expiration of a contract for assistance under section 8 for a project entered into pursuant to any authority specified in subparagraph (B) for which the Secretary determines that debt restructuring is inappropriate, the Secretary shall, at the request of the owner of the project and to the extent sufficient amounts are made available in appropriation Acts, provide benefits to the owner comparable to those provided under such contract, including annual distributions, rent increase procedures, and duration of low-income affordability restrictions. This paragraph shall apply to projects with contracts expiring before, on, or after the date of the enactment of this section.

(B) DEMONSTRATION PROGRAMS.The authority specified in this subparagraph is the authority under

(i) section 210 of the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1996 (Public Law 104-134; 110 Stat. 1321-285; 42 U.S.C. 1437f note);

(ii) section 212 of the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1997 (Public Law 104–204; 110 Stat. 2897; 42 U.S.C. 1437f note); and

(iii) either of such sections, pursuant to any provision of this title.

(f) PREEMPTION OF CONFLICTING STATE LAWS LIMITING DISTRIBUTIONS.

(1) IN GENERAL.Except as provided in paragraph (2), no State or political subdivision of a State may establish, continue in effect, or enforce any law or regulation that limits or restricts, to an amount that is less than the amount provided for under the regulations of the Secretary establishing allowable project distributions to provide a return on investment, the amount of surplus funds accruing after the date of the enactment of this section that may be distributed from any multifamily housing project assisted under a contract for rental assistance renewed under any provision of this section (ercept subsection (b)) to the owner of the project.

(2) EXCEPTION AND WAIVER.Paragraph (1) shall not apply to any law or regulation to the extent such law or regulation applies to

(A) a State-financed multifamily housing project; or

(B) a multifamily housing project for which the owner has elected to waive the applicability of paragraph (1).

(3) TREATMENT OF LOW-INCOME USE RESTRICTIONS.This subsection may not be construed to provide for, allow, or result in the release or termination, for any project, of any low- or moderate-income use restrictions that can not be eliminated by unilateral action of the owner of the project.

(g) APPLICABILITY.Except to the extent otherwise specifically provided in this section, this section shall apply with respect to any multifamily housing project having a contract for project-based assistance under section 8 that terminates or expires during fiscal year 2000 or thereafter.".

(b) DEFINITION OF ELIGIBLE MULTIFAMILY HOUSING PROJECT.-Section 512(2) of the Multifamily Assisted Housing Reform and Affordability Act of 1997 (42 U.S.C. 1437f note) is amended by inserting after and below subparagraph (C) the following: "Such term does not include any project with an expiring contract described in paragraph (1) or (2) of section 524(e)..

(c) PROJECTS EXEMPTED FROM RESTRUCTURING AGREEMENTS.-Section 514(h) of the Multifamily Assisted Housing Reform and Affordability Act of 1997 (42 U.S.C. 1437f note) is amended by inserting before the semicolon at the end the following: "and the financing involves mortgage insurance under the National Housing Act, such that the implementation of a mortgage restructuring and rental assistance

sufficiency plan under this subtitle is in conflict with applicable law or agreements governing such financing".

(d) CONFORMING AMENDMENTS.-Section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437) is amended

(1) by designating as subsection (v) the sentence added by section 405(c) of The Balanced Budget Downpayment Act, I (Public Law 104– 99; 110 Stat. 44); and

(2) by striking subsection (w). SEC. 532. SECTION 236 ASSISTANCE.

(a) CONTINUED RECEIPT OF SUBSIDIES UPON REFINANCING.-Section 236(e) of the National Housing Act (12 U.S.C. 17152-1(e)) is amended

(1) by inserting (1)after "(e)"; and

(2) by adding at the end the following new paragraph:

(2) A project for which interest reduction payments are made under this section and for which the mortgage on the project has been refinanced shall continue to receive the interest reduction payments under this section under the terms of the contract for such payments, but only if the project owner enters into such binding commitments as the Secretary may require (which shall be applicable to any subsequent owner) to ensure that the owner will continue to operate the project in accordance with all lowincome affordability restrictions for the project in connection with the Federal assistance for the project for a period having a duration that is not less than the term for which such interest reduction payments are made plus an additional 5 years."

(b) RETENTION OF EXCESS INCOME.-Section 236(g) of the National Housing Act (12 U.S.C. 17152-1(g)) is amended

(1) by inserting (1)after (g);
(2) by striking the last sentence; and

(3) by adding at the end the following new paragraphs:

(2) Subject to paragraph (3) and notwithstanding any other requirements of this subsection, a project owner may retain some or all of such excess charges for project use if authorized by the Secretary. Such excess charges shall be used for the project and upon terms and conditions established by the Secretary, unless the Secretary permits the owner to retain funds for non-project use after a determination that the project is well-maintained housing in good condition and that the owner has not engaged in material adverse financial or managerial actions or omissions as described in section 516 of the Multifamily Assisted Housing Reform and Affordability Act of 1997. In connection with the retention of funds for non-project use, the Secretary may require the project owner to enter into a binding commitment (which shall be applicable to any subsequent owner) to ensure that the owner will continue to operate the project in accordance with all low-income affordability restrictions for the project in connection with the Federal assistance for the project for a period having a duration of not less than the term of the existing affordability restrictions plus an additional 5 years.

"(3) The authority under paragraph (2) to retain and use ercess charges shall apply

(A) during fiscal year 2000, to all project owners collecting such excess charges; and

(B) during fiscal year 2001 and thereafter

(i) to any owner of (1) a project with a mortgage insured under this section, (11) a project with a mortgage formerly insured under this section if such mortgage is held by the Secretary and the owner of such project is current with respect to the mortgage obligation, or (III) a project previously assisted under subsection (b) but without a mortgage insured under this section if the project was insured under section 207 of this Act before July 30, 1998, pursuant to section 223(s) of this Act and assisted under subsection (b); and

(ii) to other project owners not referred to in clause (i) who collect such excess charges, but only to the extent that such retention and use

is approved in advance in an appropriation forth in subparagraph (A)(iii)(I), or (II) the ac section 502 of the Congressional Budget Act of Act..

tual rent paid for a comparable unit in com 1974) of such loans; and (C) PREVIOUSLY OWED EXCESS INCOME.-Sec parable unassisted housing in the market area (ii) the Secretary may make loans in any fistion 236(g) of the National Housing Act (12 in which the housing assisted under this section cal year only to the extent or in such amounts U.S.C. 17152–1(g)), as amended by subsection (b) is located, as represents 30 percent of the ten that amounts are used under clause (i) to cover of this section, is further amended by adding at ant's adjusted income.

costs of such loans.; the end the following new paragraph:

(C) With respect to those projects which the (8) by redesignating paragraphs (5) and (6) (as (4) The Secretary shall not withhold ap Secretary determines have separate utility me amended by the preceding provisions of this subproval of the retention by the owner of such ex tering paid by the tenants for some or all dwell section) as paragraphs (6) and (7); and cess charges because of the existence of unpaid ing units, the Secretary may

(9) by inserting after paragraph (4) the folexcess charges if such unpaid amount is being "(i) permit the basic rental charge and the lowing new paragraph: remitted to the Secretary over a period of time in fair market rental charge to be determined on "(5) LOAN TERMS.-A loan under this accordance with a workout agreement with the the basis of operating the project without the subsectionSecretary, unless the Secretary determines that

payment of the cost of utility services used by (A) shall provide amounts for the eligible the owner is in violation of the workout agree such dwelling units; and

uses under paragraph (3) in a single loan disment..

"(ii) permit the charging of a rental for such bursement of loan principal; (d) FLEXIBILITY REGARDING BASIC RENTS AND dwelling units at such an amount less than 30 (B) shall be repaid, as to principal and interMARKET RENTS.-Section 236(f) of the National percent of a tenant's adjusted income as the est, on behalf of the borrower using amounts reHousing Act (12 U.S.C. 17152-1(f)(1)) is amended

Secretary determines represents a proportionate captured from contracts for interest reduction by striking the subsection designation and all

decrease for the utility charges to be paid by payments pursuant to clause (i) or (ii) of parathat follows through the end of paragraph (1) such tenant, but in no case shall rental be lower graph (7)(A); and inserting the following:

than 25 percent of a tenant's adjusted income.. (C) shall have a term to maturity of a dura" (f)(1)(A)(i) For each dwelling unit there shall

(e) EFFECTIVE DATE OF 1998 PROVISIONS.-Sec tion not shorter than the remaining period for be established, with the approval of the Sec

tion 236(g) of the National Housing Act (12 which the interest reduction payments for the retary, a basic rental charge and fair market

U.S.C. 17152–1(g)), as amended by section 227 of insured mortgage or mortgages that fund repayrental charge.

the Departments of Veterans Affairs and Hous ment of the loan would have continued after ex"(ii) The basic rental charge shall be

ing and Urban Development, and Independent tinguishment or writedown of the mortgage (in (1) the amount needed to operate the project

Agencies Appropriations Act, 1999 (Public Law accordance with the terms of such mortgage in with payments of principal and interest due

105-276; 112 Stat. 2490) shall be effective on the effect immediately before such extinguishment under a mortgage bearing interest at the rate of

date of the enactment of such Public Law 105– or writedown); 1 percent per annum; or

276, and any excess rental charges referred to in (D) shall bear interest at a rate, as deter(II) an amount greater than that determined

such section that have been collected since such mined by the Secretary of the Treasury, that is under clause (ii)(I), but not greater than the

date of the enactment with respect to projects based upon the current market yields on outmarket rent for a comparable unassisted unit,

with mortgages insured under section 207 of the standing marketable obligations of the United reduced by the value of the interest reduction

National Housing Act (12 U.S.C. 1713) may be States having comparable maturities, and payments subsidy.

retained by the project owner unless the Sec "(E) shall involve a principal obligation of an (iii) The fair market rental charge shall be

retary of Housing and Urban Development spe amount not exceeding the amount that can be (1) the amount needed to operate the project

cifically provides otherwise. The Secretary may repaid using amounts described in subparawith payments of principal, interest, and mort

return any excess charges remitted to the Sec graph (B) over the term determined in accordgage insurance premium which the mortgagor is retary since such date of the enactment.

ance with subparagraph (C), with interest at obligated to pay under the mortgage covering

(f) EFFECTIVE DATE.This section shall take the rate determined under subparagraph (D).. the project; or (II) an amount greater than that determined

effect, and the amendments made by this section (b) IRP CAPITAL GRANTS REQUIREMENT FOR are made and shall apply, on the date of the en

EXTENSION OF LOW-INCOME AFFORDABILITY REunder clause (iii)(1), but not greater than the

actment of this Act. market rent for a comparable unassisted unit.

QUIREMENTS.-Section 236(s) of the National (iv) The Secretary may approve a basic rentSEC. 533. REHABILITATION OF ASSISTED HOUS

Housing Act (12 U.S.C. 17152–1(s)) is amendedING.

(1) in paragraph (2)al charge and fair market rental charge for a unit that exceeds the minimum amounts per

(a) REHABILITATION LOANS FROM RECAPTURED

(A) by redesignating subparagraphs (C) and mitted by this subparagraph for such charges IRP AMOUNTS.--Section 236(s) of the National

(D), as amended by the preceding provisions of

this section, as subparagraphs (D) and (E), reonly if

Housing Act (12 U.S.C. 17152-1(s)) is amended"(1) the approved basic rental charge and fair

(1) by striking the subsection designation and spectively; and market rental charges each exceed the applicaheading and inserting the following:

(B) by inserting after subparagraph (B) the ble minimum charge by the same amount; and

"(s) GRANTS AND LOANS FOR REHABILITATION following new subparagraph: (II) the project owner agrees to restrictions OF MULTIFAMILY PROJECTS.-;

(C) the project owner enters into such bindon project use or mortgage prepayment that are

(2) in paragraph (1), by inserting and loansing commitments as the Secretary may require acceptable to the Secretary. after "grants';

(which shall be applicable to any subsequent (v) The Secretary may approve a basic rental

(3) in paragraph (2)

owner) to ensure that the owner will continue to charge and fair market rental charge under this (A) in the matter preceding subparagraph (A),

operate the project in accordance with all lowparagraph for a unit with assistance under sec by striking "capital grant assistance under this income affordability restrictions for the project tion 8 of the United States Housing Act of 1937 subsection" and inserting "capital assistance

in connection with the Federal assistance for (42 U.S.C. 1437f) that differs from the basic rent under this subsection under a grant or loan

the project for a period having a duration that al charge and fair market rental charge for a only; and

is not less than the period referred to in paraUnit in the same project that is similar in size (B) in subparagraph (D)(i), by striking cap

graph (5)(C);'; and and amenities but without such assistance, as ital grant assistance and inserting "capital as

(2) in paragraph (4)(B), by inserting and needed to ensure equitable treatment of tenants sistance under this subsection from a grant or

consistent with paragraph (2)(C)before the pe

riod at the end. in units without such assistance.

loan (as appropriate); "(B)(i) The rental charge for each dwelling (4) in paragraph (3), by striking all of the SEC. 534. TECHNICAL ASSISTANCE. unit shall be at the basic rental charge or such matter that precedes subparagraph (A) and in Section 514(f)(3) of the Multifamily Assisted greater amount, not exceeding the fair market serting the following:

Housing Reform and Affordability Act of 1997 rental charge determined pursuant to subpara (3) ELIGIBLE USES.Amounts from a grant or (42 U.S.C. 1437f note) is amended by inserting graph (A), as represents 30 percent of the ten loan under this subsection may be used only for after new owners)the following: , for techant's adjusted income, except as otherwise pro projects eligible under paragraph (2) for the nical assistance for preservation of low-income vided in this subparagraph. purposes of_",

housing for which project-based rental assist(ii) In the case of a project which contains (5) in paragraph (4)

ance is provided at below market rent levels and more than 5000 units, is subject to an interest re (A) by striking the paragraph heading and in may not be renewed (including transfer of develduction payments contract, and is financed serting GRANT AND LOAN AGREEMENTS; and opments to tenant groups, nonprofit organizaunder a State or local project, the Secretary may (B) by inserting or loan" after "grant, each tions, and public entities),. reduce the rental charge ceiling, but in no case place it appears;

SEC. 535. TERMINATION OF SECTION 8 CONTRACT shall the rental charge be below the basic rental (6) in paragraph (5), by inserting "or loan

AND DURATION OF RENEWAL CONcharge set forth in subparagraph (A)(ii)(I). after grant, each place it appears;

TRACT. "(iiiFor plans of action approved for capital (7) in paragraph (6), by adding at the end the Section 8(c)(8) of the United States Housing grants under the Low-Income Housing Preserva following new subparagraph:

Act of 1937 (42 U.S.C. 1437f(c)(8)) is amendedtion and Resident Homeownership Act of 1990 or (D) LOANS.In making loans under this sub (1) in subparagraph (A)the Emergency Low Income Housing Preserva section using the amounts that the Secretary (A) by striking terminatingand inserting tion Act of 1987, the rental charge for each has recaptured from contracts for interest reduc "termination of; and dwelling unit shall be at the minimum basic tion payments pursuant to clause (i) or (ii) of (B) by striking the third comma of the first rental charge charge set forth in subparagraph paragraph (7)(A)

sentence and all that follows through the end of (A)(ii)(I) or such greater amount, not exceeding "(i) the Secretary may use such recaptured the subparagraph and inserting the following: the lower of (1) the fair market rental charge set amounts for costs (as such term is defined in ". The notice shall also include a statement

that, if the Congress makes funds available, the owner and the Secretary may agree to a renewal of the contract, thus avoiding termination, and that in the event of termination the Department of Housing and Urban Development will provide tenant-based rental assistance to all eligible residents, enabling them to choose the place they wish to rent, which is likely to include the dwelling unit in which they currently reside. Any contract covered by this paragraph that is renewed may be renewed for a period of up to one year or any number or years, with payments subject to the availability of appropriations for any year.;

(2) by striking subparagraph (B);
(3) in subparagraph (C)-
(A) by striking the first sentence;

(B) by striking in the immediately preceding sentence";

(C) by striking 180-dayeach place it appears;

(D) by striking such periodand inserting one year; and

(E) by striking 180 daysand inserting one year'; and

(4) by redesignating subparagraphs (C), (D), and (E), as amended by the preceding provisions of this subsection, as subparagraphs (B), (C), and (D), respectively. SEC. 536. ELIGIBILITY OF RESIDENTS OF FLEXI

BLE SUBSIDY PROJECTS FOR EN

HANCED VOUCHERS. Section 201 of the Housing and Community Development Amendments of 1978 (12 U.S.C. 17152-1a) is amended by adding at the end the following new subsection:

(p) ENHANCED VOUCHER ELIGIBILITY.Notwithstanding any other provision of law, any project that receives or has received assistance under this section and which is the subject of a transaction under which the project is preserved as affordable housing, as determined by the Secretary, shall be considered eligible low-income housing under section 229 of the Low-Income Housing Preservation and Resident Homeownership Act of 1990 (12 U.S.C. 4119) for purposes of eligibility of residents of such project for enhanced voucher assistance provided under section 8(t) of the United States Housing Act of 1937 (42 U.S.C. 1437f(t)) (pursuant to section 223(f) of the Low-Income Housing Preservation and Resident Homeownership Act of 1990 (12 U.S.C. 4113(f))).". SEC. 537. ENHANCED DISPOSITION AUTHORITY.

Section 204 of the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1997 (12 U.S.C. 17152–11a) is amended

(1) by striking and 1999and inserting "1999, and 2000; and

(2) by striking "or demolition" and inserting ", demolition, or construction on the properties (which shall be eligible whether vacant or occupied). SEC. 538. UNIFIED ENHANCED VOUCHER AU

THORITY. (a) IN GENERAL.-Section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f) is amended by inserting after subsection (s) the following new subsection:

"(t) ENHANCED VOUCHERS.

(1) IN GENERAL.-Enhanced voucher assistance under this subsection for a family shall be voucher assistance under subsection (0), except that under such enhanced voucher assistance

(A) subject only to subparagraph (D), the assisted family shall pay as rent no less than the amount the family was paying on the date of the eligibility event for the project in which the family was residing on such date;

(B) during any period that the assisted family continues residing in the same project in which the family was residing on the date of the eligibility event for the project, if the rent for the dwelling unit of the family in such project exceeds the applicable payment standard established pursuant to subsection (0) for the unit, the amount of rental assistance provided on be

half of the family shall be determined using a payment standard that is equal to the rent for the dwelling unit (as such rent may be increased from time to time), subject to paragraph (10)(A) of subsection (o);

(C) subparagraph (B) of this paragraph shall not apply and the payment standard for the dwelling unit occupied by the family shall be determined in accordance with subsection (0) if

(i) the assisted family moves, at any time, from such project; or

(ii) the voucher is made available for use by any family other than the original family on behalf of whom the voucher was provided; and

(D) if the income of the assisted family declines to a significant extent, the percentage of income paid by the family for rent shall not exceed the greater of 30 percent or the percentage of income paid at the time of the eligibility event for the project.

(2) ELIGIBILITY EVENT.--For purposes of this subsection, the term 'eligibility event' means, with respect to a multifamily housing project, the prepayment of the mortgage on such housing project, the voluntary termination of the insurance contract for the mortgage for such housing project, the termination or expiration of the contract for rental assistance under section 8 of the United States Housing Act of 1937 for such housing project, or the transaction under which the project is preserved as affordable housing, that, under paragraphs (3) and (4) of section 515(c), section 524(d) of the Multifamily Assisted Housing Reform and Affordability Act of 1997 (42 U.S.C. 1437f note), section 223(f) of the Low-Income Housing Preservation and Resident Homeownership Act of 1990 (12 U.S.C. 4113(f)), or section 201(p) of the Housing and Community Development Amendments of 1978 (12 U.S.C. 17152–1a(p)), results in tenants in such housing project being eligible for enhanced voucher assistance under this subsection.

(3) TREATMENT OF ENHANCED VOUCHERS PROVIDED UNDER OTHER AUTHORITY.

"(A) IN GENERAL.-Notwithstanding any other provision of law, any enhanced voucher assistance provided under any authority specified in subparagraph (B) shall (regardless of the date that the amounts for providing such assistance were made available) be treated, and subject to the same requirements, as enhanced voucher assistance under this subsection.

(B) IDENTIFICATION OF OTHER AUTHORITY.The authority specified in this subparagraph is the authority under

"(i) the 10th, 11th, and 12th provisos under the Preserving Existing Housing Investment account in title II of the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1997 (Public Law 104–204; 110 Stat. 2884), pursuant to such provisos, the first proviso under the 'Housing Certificate Fund' account in title II of the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1998 (Public Law 105-65; 111 Stat. 1351), or the first proviso under the 'Housing Certificate Fund' account in title II of the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1999 (Public Law 105–276; 112 Stat. 2469); and

"(ii) paragraphs (3) and (4) of section 515(c) of the Multifamily Assisted Housing Reform and Affordability Act of 1997 (42 U.S.C. 1437f note), as in effect before the enactment of this Act.

(4) AUTHORIZATION OF APPROPRIATIONS.There are authorized to be appropriated for each of fiscal years 2000, 2001, 2002, 2003, and 2004 such sums as may be necessary for enhanced voucher assistance under this subsection.

(6) ENHANCED VOUCHERS UNDER MAHRAA.Section 515(c) of the Multifamily Assisted Housing Reform and Affordability Act of 1997 (42 U.S.C. 1437f note) is amended by striking paragraph (4) and inserting the following new paragraph:

(4) ASSISTANCE THROUGH ENHANCED VOUCHERS.-In the case of any family described in paragraph (3) that resides in a project described in section 512(2)(B), the tenant-based assistance provided shall be enhanced voucher assistance under section 8(t) of the United States Housing Act of 1937 (42 U.S.C. 1437f(t))..

(c) ENHANCED VOUCHERS FOR CERTAIN TENANTS IN PREPAYMENT AND VOLUNTARY TERMINATION PROPERTIES.-Section 223 of the Low-Income Housing Preservation and Resident Homeownership Act of 1990 (12 U.S.C. 4113) is amended by adding at the end the following new subsection:

"(f) ENHANCED VOUCHER ASSISTANCE FOR CERTAIN TENANTS.

"(1) AUTHORITY.-In lieu of benefits under subsections (b), (c), and (d), and subject to the availability of appropriated amounts, each family described in paragraph (2) shall be offered enhanced voucher assistance under section 8(t) of the United States Housing Act of 1937 (42 U.S.C. 1437f(t)).

(2) ELIGIBLE FAMILIES.-A family described in this paragraph is a family that is—

(A)(i) a low-income family; or

(ii) a moderate-income family that is (1) an elderly family, (II) a disabled family, or (III) residing in a low-vacancy area; and

"(B) residing in eligible low-income housing on the date of the prepayment of the mortgage or voluntary termination of the insurance contract..

This Act may be cited as the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 2000. And the Senate agree to the same.

JAMES T. WALSH,
TOM DELAY,
DAVID HOBSON,
JOE KNOLLENBERG,
ROD FRELINGHUYSEN,
ROGER WICKER,
ANNE M. NORTHUP,
JOHN E. SUNUNU,
BILL YOUNG,
ALAN MOLLOHAN,
MARCY KAPTUR,
CARRIE P. MEEK,
DAVID E. PRICE,
BUD CRAMER,
DAVID OBEY
(except for delayed

funding gimmick), Managers on Part of the House.

C.S. BOND,
CONRAD BURNS,
RICHARD SHELBY,
LARRY E. CRAIG,
KAY BAILEY HUTCHISON,
TED STEVENS,
BARBARA MIKULSKI,
PATRICK LEAHY,
FRANK R. LAUTENBERG,
TOM HARKIN,
ROBERT C. BYRD,

DANIEL INOUYE,

Managers on Part of the Senate. When said conference report was considered.

After debate,

By unanimous consent, the previous question was ordered on the conference report to its adoption or rejection.

The question being put,

Will the House agree to said conference report?

The SPEAKER pro tempore, Mr. FOLEY, announced that pursuant to clause 10 of rule XX the yeas and nays were ordered, and the call was taken by electronic device.

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(114.7

Abercrombie
Ackerman
Aderholt
Allen
Archer
Armey
Bachus
Baird
Baker
Baldacci
Baldwin
Ballenger
Barcia
Barr
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bass
Bateman
Becerra
Bentsen
Bereuter
Berkley
Berman
Berry
Biggert
Bilbray
Bilirakis
Bishop
Blagojevich
Bliley
Blumenauer
Blunt
Boehlert
Boehner
Bonilla
Bonior
Bono
Borski
Boucher
Boyd
Brady (PA)
Brady (TX)
Brown (FL)
Brown (OH)
Bryant
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Cannon
Capps
Capuano
Cardin
Castle
Chambliss
Clay
Clayton
Clement
Clyburn
Coble
Collins
Combest
Condit
Cook
Cooksey
Costello
Cox
Coyne
Cramer
Crowley
Cubin
Cummings
Cunningham
Danner
Davis (FL)
Davis (IL)
Davis (VA)
Deal
DeFazio
DeGette
Delahunt
DeLauro
DeLay
DeMint
Deutsch
Diaz-Balart
Dickey
Dicks

[Roll No. 500)

YEAS—406
Dingell
Dixon
Doggett
Dooley
Doolittle
Doyle
Dreier
Duncan
Dunn
Edwards
Ehlers
Ehrlich
Emerson
Engel
English
Eshoo
Etheridge
Everett
Ewing
Farr
Fattah
Fletcher
Foley
Forbes
Ford
Fossella
Fowler
Frank (MA)
Franks (NJ)
Frelinghuysen
Frost
Gallegly
Ganske
Gejdenson
Gekas
Gephardt
Gibbons
Gilchrest
Gillmor
Gilman
Gonzalez
Goode
Goodlatte
Goodling
Gordon
Goss
Graham
Granger
Green (WI)
Greenwood
Gutierrez
Gutknecht
Hall (OH)
Hall (TX)
Hansen
Hastert
Hastings (FL)
Hastings (WA)
Hayes
Hayworth
Herger
Hill (IN)
Hill (MT)
Hilleary
Hilliard
Hinchey
Hinojosa
Hobson
Hoeffel
Holden
Hooley
Horn
Houghton
Hoyer
Hulshof
Hunter
Hutchinson
Hyde
Inslee
Isakson
Istook
Jackson (IL)
Jackson-Lee

(TX)
Jenkins
Johnson, E. B.
Johnson, Sam
Jones (NC)
Jones (OH)
Kanjorski
Kaptur
Kasich
Kelly
Kennedy

Kildee
Kilpatrick
Kind (WI)
King (NY)
Kleczka
Klink
Knollenberg
Kolbe
Kucinich
Kuykendall
La Falce
LaHood
Lampson
Lantos
Largent
Larson
Latham
LaTourette
Lazio
Leach
Lee
Levin
Lewis (CA)
Lewis (GA)
Lewis (KY)
Linder
Lipinski
LoBiondo
Lofgren
Lowey
Lucas (KY)
Lucas (OK)
Luther
Maloney (CT)
Maloney (NY)
Manzullo
Markey
Martinez
Mascara
Matsui
McCarthy (MO)
McCarthy (NY)
McCollum
McCrery
McDermott
McGovern
McHugh
McIntosh
McIntyre
McKeon
McKinney
McNulty
Meehan
Meek (FL)
Meeks (NY)
Menendez
Metcalf
Mica
Millender-

McDonald
Miller (FL)
Miller, Gary
Miller, George
Minge
Mink
Moakley
Mollohan
Moore
Moran (KS)
Moran (VA)
Morella
Murtha
Myrick
Nadler
Napolitano
Neal
Nethercutt
Ney
Northup
Norwood
Nussle
Oberstar
Obey
Olver
Ortiz
Ose
Owens
Oxley
Packard
Pallone
Pascrell
Pastor
Payne
Pease

Pelosi
Saxton
Thomas

A of the report of the Committee on Rules
Peterson (MN) Schakowsky Thompson (CA)

accompanying this resolution shall be conPeterson (PA) Scott

Thompson (MS)

sidered as adopted in the House and in the
Petri
Serrano
Thornberry

Committee of the Whole. The bill, as amend-
Phelps
Sessions

Thune
Pickering
Shaw
Thurman

ed, shall be considered by title rather than
Pickett
Shays
Tiahrt

by section. Each title shall be considered as
Pitts
Sherman
Tierney

read. Before consideration of any other
Pombo
Sherwood
Toomey

amendment it shall be in order to consider
Pomeroy
Shimkus
Towns

the amendment printed in part B of the re-
Porter
Shows
Traficant

port of the Committee on Rules, if offered by
Portman
Shuster
Turner

a Member designated in the report. That
Price (NC)
Simpson

Udall (CO)
Pryce (OH)

amendment shall be considered as read, may Sisisky

Udall (NM)
Quinn
Skeen
Upton

amend portions of the bill not yet read for Radanovich Skelton

Velazquez

amendment, and shall not be subject to a de-
Rahall
Slaughter
Vento

mand for division of the question in the
Ramstad
Smith (MI) Visclosky

House or in the Committee of the Whole.
Rangel
Smith (NJ)
Vitter

Points of order against that amendment for
Regula
Smith (TX)
Walden

failure to comply with clause 7 of rule XVI
Reyes
Smith (WA) Walsh

are waived. During consideration of the bill
Reynolds
Snyder
Wamp

for further amendment, the Chairman of the
Riley
Souder

Waters
Rivers
Spence
Watkins

Committee of the Whole may accord priority
Rodriguez
Spratt
Watt (NC)

in recognition on the basis of whether the
Roemer
Stabenow
Watts (OK)

Member offering an amendment has caused
Rogan
Stark
Waxman

it to be printed in the portion of the Con-
Rogers
Stearns
Weiner

gressional Record designated for that purRohrabacher Stenholm

Weldon (FL)

pose in clause 8 of rule XVIII. Amendments Ros-Lehtinen Strickland Weldon (PA)

so printed shall be considered as read. The
Rothman
Stump

Weller
Roukema
Stupak
Wexler

Chairman of the Committee of the whole
Roybal-Allard Sununu

Weygand

may: (1) postpone until a time during further
Royce
Sweeney
Whitfield

consideration in the Committee of the whole
Rush
Talent
Wicker

a request for a recorded vote on any amend-
Ryan (WI)
Tancredo
Wilson

ment; and (2) reduce to five minutes the min-
Ryun (KS)
Tanner
Wise

imum time for electronic voting on any post-
Sabo
Tauscher
Wolf

poned question that follows another elec-
Sanchez
Tauzin
Woolsey

tronic vote without intervening business, Sanders

Taylor (MS) Wu
Sandlin
Taylor (NC) Wynn

provided that the minimum time for elec-
Sawyer
Terry
Young (FL)

tronic voting on the first in any series of

questions shall be 15 minutes. At the concluNAYS—18

sion of consideration of the bill for amend-
Boswell
Filner
Paul

ment the Committee shall rise and report
Chabot
Hefley
Salmon

the bill, as amended, to the House with such Chenoweth-Hage Hoekstra

Sanford

further amendments as may have been
Coburn
Holt

Schaffer
Crane

adopted. The previous question shall be conHostettler

Sensenbrenner
Evans
McInnis
Shadegg

sidered as ordered on the bill, as amended,

and any further amendment thereto to final NOT VOTING–10

passage without intervening motion except
Andrews
Jefferson

Scarborough one motion to recommit with or without in-
Carson
John
Young (AK)

structions.
Conyers
Johnson (CT)

When said resolution was considered.
Green (TX) Kingston

After debate, So the conference report was agreed On motion of Mr. SESSIONS, the preto.

vious question was ordered on the resoA motion to reconsider the vote

lution to its adoption or rejection and whereby said conference report was under the operation thereof, the resoluagreed to was, by unanimous consent, tion was agreed to. laid on the table.

A motion to reconsider the vote Ordered, That the Clerk notify the whereby said resolution was agreed to Senate thereof.

was, by unanimous consent, laid on the

table.
(114.8 PROVIDING FOR THE
CONSIDERATION OF H.R. 2679

(114.9 NATIONAL MOTOR CARRIER
Mr. SESSIONS, by direction of the ADMINISTRATION
Committee on Rules, called up the fol The SPEAKER pro tempore, Mr.
lowing resolution (H. Res. 329):

SESSIONS, pursuant to House ResoluResolved, That at any time after the adop tion 329 and rule XVIII, declared the tion of this resolution the Speaker may, pur House resolved into the Committee of suant to clause 2(b) of rule XVIII, declare the the Whole House on the state of the House resolved into the Committee of the Union for the consideration of the bill Whole House on the state of the Union for

(H.R. 2679) to amend title 49, United consideration of the bill (H.R. 2679) to amend

States Code, to establish the National title 49, United States Code, to establish the

Motor Carrier Administration in the National Motor Carrier Administration in the Department of Transportation, to im

Department of Transportation, to improve the safety of commercial motor vehi prove the safety of commercial motor cle operators and carriers, to strengthen vehicle operators and carriers, to commercial driver's licenses, and for other strengthen commercial driver's lipurposes. The first reading of the bill shall censes, and for other purposes. be dispensed with. All points of order against The SPEAKER pro tempore, Mr. the bill and against its consideration are

SESSIONS, by unanimous consent, deswaived. General debate shall be confined to

ignated Mr. FOLEY as Chairman of the the bill and shall not exceed one hour equal

Committee of the Whole; and after ly divided and controlled by the chairman and ranking minority member of the Com

some time spent therein,

The SPEAKER pro tempore, Mr. mittee on Transportation and Infrastructure. After general debate the bill shall be

CALVERT, assumed the Chair. considered for amendment under the five When Mrs. EMERSON, Acting Chairminute rule. The amendment printed in part man, pursuant to House Resolution 329,

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