DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT Housing Programs national homeownership trust demonstration program (rescission) Of the funds made available under this heading in Public Law 103–327, $50,000,000 are rescinded. annual contributions for assisted housing (rescission) Of the funds made available under this heading in Public Law 103–327 and any unobligated balances from funds appropriated under this heading in prior years, $5,131,400,000 are rescinded: Provided, That of the total rescinded under this heading, $700,600,000 shall be from amounts earmarked for development or acquisition costs of public housing (including $80,000,000 of funds for public housing for Indian families), except that such rescission shall not apply to funds for priority replacement housing for units demolished or disposed of (including units to be disposed of pursuant to a homeownership program under section 5(h) or title III of the United States Housing Act of 1937, as amended (hereinafter referred to as “the Act”)) from the existing public housing inventory, as determined by the Secretary, or to funds related to litigation settlements or court orders, and the Secretary shall not be required to make any remaining funds available pursuant to section 213(d)(1)(A) of the Housing and Community Development Act of 1974 and notwithstanding any other provision of law, the Secretary may recapture unobligated funds for development or acquisition costs of public housing (including public housing for Indians) irrespective of the length of time funds have been reserved or of any time extension previously granted by the Secretary; $1,956,000,000 shall be from amounts earmarked for new incremental rental subsidy contracts under the section 8 existing housing certificate program (42 U.S.C. 1437f) and the housing voucher program under section 8(o) of the Act (42 U.S.C. 1437f(o)), excluding $300,000,000 previously made available for the Economic Development Initiative (EDI), and the remaining authority for such purposes shall be only for units necessary to provide housing assistance for residents to be relocated from existing federally subsidized or assisted housing, for replacement housing for units demolished or disposed of (including units to be disposed of pursuant to a homeownership program under section 5(h) or title III of the United States Housing Act of 1937) from the public housing inventory, for funds related to litigation settlements or court orders, for amendments to contracts to permit continued assistance to participating families, or to enable public housing authorities to implement “mixed population” plans for developments housing primarily elderly residents; $815,000,000 shall be from amounts earmarked for the modernization of existing public housing projects pursuant to section 14 of the United States Housing Act of 1937, and the Secretary shall take actions necessary to assure that such rescission is distributed among public housing authorities, as if such rescission occurred prior to the commencement of the fiscal year; $22,000,000 shall be from amounts earmarked for special purpose grants; 109 STAT. 233 $148,300,000 shall be from amounts earmarked for loan management set-asides; $15,000,000 shall be from amounts earmarked for the family unification program; $15,000,000 shall be from amounts earmarked for the housing opportunities for persons with AIDS program; $34,200,000 shall be from amounts earmarked for lease adjustments; $39,000,000 shall be from amounts previously made available under this head in Public Law 103–327, and previous Acts, which are recaptured (in addition to other sums which are, or may be recaptured); $70,000,000 shall be from amounts earmarked for section 8 counseling; $50,000,000 shall be from amounts earmarked for service coordinators; $66,000,000 shall be from amounts earmarked for family investment centers; $85,300,000 shall be from amounts earmarked for the lead-based paint hazard reduction program; and $1,115,000,000 shall be from funds available for all new incremental units (including funds previously reserved or obligated and recaptured for the development or acquisition costs of public housing (including public housing for Indian families), incremental rental subsidy contracts under the section 8 existing housing certificate program (42 U.S.C. 1437f), and the housing voucher program under section 8(o) of the Act (42 U.S.C. 1437f(o))) and non-incremental, unobligated balances: Provided further, That in allocating this $1,115,000,000 rescission, the Secretary may reduce the appropriations needs of the Department by (1) waiving any provision of section 202 of the Housing Act of 1959 and section 811 of the National Affordable Housing Act (including the provisions governing the terms and conditions of project rental assistance) that the Secretary determines is not necessary to achieve the objectives of these programs, or that otherwise impedes the ability to develop, operate or administer projects assisted under these programs, and may make provision for alternative conditions or terms where appropriate and (2) managing and disposing of HUD-owned and HUD-held multifamily properties without regard to any other provision of law: Provided further, That the Secretary shall submit to the appropriate committees of the Congress a detailed operating plan of proposed funding levels for activities under this account within 30 days of enactment of this Act, and such funding levels shall not be subject to pre-existing earmarks or set-asides, notwithstanding any other provision of law. (deferral) Of the funds made available under this heading in Public Law 103–327 and any unobligated balances from funds appropriated under this heading in prior years, $405,900,000 of amounts earmarked for the preservation of low-income housing programs (excluding $17,000,000 previously earmarked, plus an additional $5,000,000, for preservation technical assistance grant funds pursuant to section 253 of the Housing and Community Development Act of 1987, as amended) shall not become available for obligation until September 30, 1995: Provided, That, notwithstanding any other provision of law, pending the availability of such funds, the Department of Housing and Urban Development may suspend further processing of applications. 109 STAT. 234 assistance for the renewal of expiring section 8 subsidy contracts (rescission) Of the funds made available under this heading in Public Law 103–327, and in prior years, $1,177,000,000 are rescinded: Provided, That renewals of expiring section 8 contracts with funds provided under this heading in Public Law 103–327, and in prior years, may be for a term of two years. In renewing an annual contributions contract with a public housing agency administering the tenant-based existing housing certificate program (42 U.S.C, 1437f) or the housing voucher program under section 8(o) (42 U.S.C. 1437f(o)) of the United States Housing Act of 1937, as amended, the Secretary shall take into account the amount in the project reserve under the contract being renewed in determining the amount of budget authority to obligate under the renewed contract (the total amount available in all such project reserves is estimated to be $427,000,000) and the Secretary may determine not to apply section 8(o)(6)(B) of the Act to renewals of housing vouchers during the remainder of fiscal year 1995. congregate services (rescission) Of the funds made available under this heading in Public Law 103–327 and any unobligated balances from funds appropriated under this heading in prior years, $37,000,000 are rescinded. youthbuild program (rescission) Of the funds made available under this heading in Public Law 103–327, $10,000,000 are rescinded. housing counseling assistance (rescission) Of the funds made available under this heading in Public Law 103–327, $38,000,000 are rescinded. flexible subsidy fund (rescission) Of the funds made available under this heading in Public Law 103–327 and any unobligated balances from funds appropriated under this heading in prior years, and excess rental charges, collections and other amounts in the fund, $8,000,000 are rescinded. nehemiah housing opportunities fund (rescission) Of the funds transferred to this revolving fund in prior years, $10,500,000 are rescinded. 109 STAT. 235 Homeless Assistance homeless assistance grants (deferral) Of the funds made available under this heading in Public Law 103–327, $297,000,000 shall not become available for obligation until September 30, 1995. Administrative Provisions Sec. 1001. (a) Section 14 of the United States Housing Act of 1937 is amended by adding at the end the following new subsection: “(q)(1) Notwithstanding any other provision of law, a public housing agency may use modernization assistance provided under section 14 for any eligible activity related to public housing which is currently authorized by this Act or applicable appropriations Acts for a public housing agency, including the demolition of existing units, for replacement housing, modernization activities related to the public housing portion of housing developments held in partnership, or cooperation with non-public housing entities, and for temporary relocation assistance, provided that the assistance provided to the public housing agency under section 14 is principally used for the physical improvement or replacement of public housing and for associated management improvements, except as otherwise approved by the Secretary, and provided the public housing agency consults with the appropriate local government officials (or Indian tribal officials) and with tenants of the public housing developments. The public housing agency shall establish procedures for consultation with local government officials and tenants, and shall follow applicable regulatory procedures as determined by the Secretary. “(2) The authorization provided under this subsection shall not extend to the use of public housing modernization assistance for public housing operating assistance.”. (b) Subsection (a) shall be effective for assistance appropriated on or before the effective date of this Act. Sec. 1002. (a) Section 18 of the United States Housing Act of 1937 is amended by— (1) inserting “and” at the end of subsection (b)(1); (2) striking all that follows after “Act” in subsection (b)(2) and inserting in lieu thereof the following: “, and the public housing agency provides for the payment of the relocation expenses of each tenant to be displaced, ensures that the rent paid by the tenant following relocation will not exceed the amount permitted under this Act and shall not commence demolition or disposition of any unit until the tenant of the unit is relocated.”; (3) striking subsection (b)(3); (4) striking “(1)” in subsection (c); (5) striking subsection (c)(2); (6) inserting before the period at the end of subsection (d) the following: “: Provided, That nothing in this section shall prevent a public housing agency from consolidating occupancy within or among buildings of a public housing project, or among projects, or with other housing for the purpose of 109 STAT. 236 improving the living conditions of or providing more efficient services to its tenants”; (7) striking “under section (b)(3)(A)” in each place it occurs in subsection (e); (8) redesignating existing subsection (f) as subsection (g); and (9) inserting a new subsection (f) as follows: “(f) Notwithstanding any other provision of law, replacement housing units for public housing units demolished may be built on the original public housing site or in the same neighborhood if the number of such replacement units is significantly fewer than the number of units demolished.”. (b) Section 304(g) of the United States Housing Act of 1937 is hereby repealed. (c) Section 5(h) of the United States Housing Act of 1937 is amended by striking the last sentence. (d) Subsections (a), (b), and (c) shall be effective for plans for the demolition, disposition or conversion to homeownership of public housing approved by the Secretary on or before September 30, 1995: Provided, That no application for replacement housing submitted by a public housing agency to implement a final order of a court issued, or a settlement approved by a court, before enactment of this Act, shall be affected by such amendments. Sec. 1003. Section 8 of the United States Housing Act of 1937 is amended by adding the following new subsection: “(z) Termination of Section 8 Contracts and Reuse of Recaptured Budget Authority.— “(1) General authority.—The Secretary may reuse any budget authority, in whole or part, that is recaptured on account of termination of a housing assistance payments contract (other than a contract for tenant-based assistance) only for one or more of the following: “(A) Tenant-based assistance.—Pursuant to a contract with a public housing agency, to provide tenant-based assistance under this section to families occupying units formerly assisted under the terminated contract. “(B) Project-based assistance.—Pursuant to a contract with an owner, to attach assistance to one or more structures under this section, for relocation of families occupying units formerly assisted under the terminated contract. “(2) Families occupying units formerly assisted under terminated contract.—Pursuant to paragraph (1), the Secretary shall first make available tenant- or project-based assistance to families occupying units formerly assisted under the terminated contract. The Secretary shall provide project-based assistance in instances only where the use of tenant-based assistance is determined to be infeasible by the Secretary. “(3) Effective date.—This subsection shall be effective for actions initiated by the Secretary on or before September 30, 1995.”. eligibility of state and local public housing units for comprehensive grants Sec. 1003A. The first sentence of section 14(k)(2)(D)(i) of the United States Housing Act of 1937 is amended by striking “shall” 109 STAT. 237 and inserting the following: “shall, except as otherwise agreed by the Secretary and the agency,”.