Office of Federal Housing Enterprise Oversight

Office of Federal Housing Enterprise Oversight salaries and expenses (including transfer of funds) For carrying out the Federal Housing Enterprise Financial Safety and Soundness Act of 1992, $16,000,000, to remain available until expended, to be derived from the Federal Housing Enterprise Oversight Fund: Provided, That not to exceed such amount shall be available from the General Fund of the Treasury to the extent necessary to incur obligations and make expenditures pending the receipt of collections to the Fund: Provided further, That the General Fund amount shall be reduced as collections are received during the fiscal year so as to result in a final appropriation from the General Fund estimated at not more than $0. administrative provisions Sec. 201. Extenders. (a) One-For-One Replacement of Public housing.—Section 1002(d) of Public Law 104–19 is amended by striking “1997” and inserting “1998”. (b) Streamlining Section 8 Tenant-Based Assistance.—Section 203(d) of the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1996, is amended by striking “fiscal years 1996 and 1997” and inserting “fiscal years 1996, 1997, and 1998”. (c) Section 8 Rent Adjustments.—Section 8(c)(2)(A) of the United States Housing Act of 1937 is amended— (1) in the third sentence, by striking “fiscal year 1997” and inserting “fiscal years 1997 and 1998”; and (2) in the last sentence, by striking “fiscal year 1997” and inserting “fiscal years 1997 and 1998”. (d) Public and Assisted Housing Rents, Income Adjustments and Preferences.— (1) Section 402(a) of The Balanced Budget Downpayment Act, I is amended by striking “fiscal year 1997” and inserting “fiscal years 1997 and 1998”. (2) Section 402(f) of The Balanced Budget Downpayment Act, I is amended by striking “fiscal years 1996 and 1997” and inserting “fiscal years 1996, 1997, and 1998”. Sec. 202. Delay Reissuance of Vouchers and Certificates.—Section 403(c) of The Balanced Budget Downpayment Act, I is amended— (1) by striking “fiscal years 1996 and 1997” and inserting “fiscal years 1996, 1997, and 1998”; (2) by striking “1996 and October” and inserting “1996, October”; and (3) by inserting before the semicolon the following: “and October 1, 1998 for assistance made available during fiscal year 1998”. Sec. 203. Waiver.—The part of the HUD 1996 Community Development Block Grant to the State of Illinois which is administered by the State of Illinois Department of Commerce and Community Affairs (grant number B–96–DC–170001) and which, in turn, 111 STAT. 1365was granted by the Illinois Department of Commerce and Community Affairs to the city of Oglesby, Illinois, located in LaSalle County, Illinois (State of Illinois Department of Commerce and Community Affairs grant number 96–24104), for the purpose of providing infrastructure for a warehouse in Oglesby, Illinois, is exempt from the provisions of section 104(g)(2), (g)(3), and (g)(4) of title I of the Housing and Community Development Act of 1974, as amended. Sec. 204. Financing Adjustment Factors.—Fifty percent of the amounts of budget authority, or in lieu thereof 50 percent of the cash amounts associated with such budget authority, that are recaptured from projects described in section 1012(a) of the Stewart B. McKinney Homeless Assistance Amendments Act of 1988 (Public Law 100–628; 102 Stat. 3224, 3268) shall be rescinded, or in the case of cash, shall be remitted to the Treasury, and such amounts of budget authority or cash recaptured and not rescinded or remitted to the Treasury shall be used by State housing finance agencies or local governments or local housing agencies with projects approved by the Secretary of Housing and Urban Development for which settlement occurred after January 1, 1992, in accordance with such section. Notwithstanding the previous sentence, the Secretary may award up to 15 percent of the budget authority or cash recaptured and not rescinded or remitted to the Treasury to provide project owners with incentives to refinance their project at a lower interest rate. Sec. 205. Annual Adjustment Factors.—Section 8(c)(2)(A) of the United States Housing Act of 1937, as amended by section 201 of this title, is further amended by inserting the following new sentences at the end: “In establishing annual adjustment factors for units in new construction and substantial rehabilitation projects, the Secretary shall take into account the fact that debt service is a fixed expense. The immediately foregoing sentence shall be effective only during fiscal year 1998.”. Sec. 206. Community Development Block Grant.—Notwithstanding any other provision of law, the $7,100,000 appropriated for an industrial park at 18th Street and Indiana Avenue shall be made available by the Secretary instead to 18th and Vine for rehabilitation and infrastructure development associated with the “Negro Leagues Baseball Museum” and the jazz museum. Sec. 207. Fair Housing and Free Speech.—None of the amounts made available under this Act may be used during fiscal year 1998 to investigate or prosecute under the Fair Housing Act any otherwise lawful activity engaged in by one or more persons, including the filing or maintaining of a nonfrivolous legal action, that is engaged in solely for the purpose of achieving or preventing action by a government official or entity, or a court of competent jurisdiction. Sec. 208. Requirement for HUD To Maintain Public Notice and Comment Rulemaking.—Notwithstanding any other provision of law, for fiscal year 1998 and for all fiscal years thereafter, the Secretary of Housing and Urban Development shall maintain all current requirements under part 10 of the Department of Housing and Urban Development regulations (24 CFR part 10) with respect to the Department’s policies and procedures for the promulgation and issuance of rules, including the use of public participation in the rulemaking process.111 STAT. 1366 Sec. 209. Brownfields as Eligible CDBG Activity.—During fiscal year 1998, States and entitlement communities may use funds allocated under the community development block grants program under title I of the Housing and Community Development Act of 1974 for environmental cleanup and economic development activities related to Brownfields projects in conjunction with the appropriate environmental regulatory agencies, as if such activities were eligible under section 105(a) of such Act. Sec. 210. Partial Payment of Claims on Health Care Facilities.—Section 541(a) of the National Housing Act is amended— (1) in the section heading, by adding “and health care facilities” at the end; and (2) in subsection (a)— (A) by inserting “or a health care facility (including a nursing home, intermediate care facility, or board and care home (as those terms are defined in section 232 of this Act), a hospital (as that term is defined in section 242 of this Act), or a group practice facility (as that term is defined in section 1106 of this Act))” after “1978”; and (B) by inserting “or for keeping the health care facility operational to serve community needs,” after “character of the project,”. Sec. 211. Calculation of Downpayment.—Section 203(b) of the National Housing Act is amended by striking “fiscal year 1997” in paragraph (10)(A) and inserting “fiscal years 1997 and 1998”. Sec. 212. HOPE VI NOFA.—Notwithstanding any other provision of law, including the July 22, 1996 Notice of Funding Availability (61 Fed. Reg. 38024), the demolition of units at developments funded under the Notice of Funding Availability shall be at the option of the New York City Housing Authority and the assistance awarded shall be allocated by the public housing agency among other eligible activities under the HOPE VI program and without the development costs limitations of the Notice, provided that the public housing agency shall not exceed the total cost limitations for the public housing agency, as provided by the Department of Housing and Urban Development. Sec. 213. Enhanced Disposition Authority.—Section 204 of the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1997, is amended by inserting after “owned by the Secretary” the following: “, including, for fiscal years 1997 and 1998, the provision of grants and loans from the General Insurance Fund (12 U.S.C. 1735c) for the necessary costs of rehabilitation or demolition,”. Sec. 214. Home Program Formula.—The first sentence of section 217(b)(3) of the Cranston-Gonzalez National Affordable Housing Act is amended by striking “only those jurisdictions that are allocated an amount of $500,000 or greater shall receive an allocation” and inserting the following: “jurisdictions that are allocated an amount of $500,000 or more, and participating jurisdictions (other than consortia that fail to renew the membership of all of their member jurisdictions) that are allocated an amount less than $500,000, shall receive an allocation”. Sec. 215. HUD Rent Reform.—Notwithstanding any other provision of law, the Secretary of Housing and Urban Development may provide tenant-based assistance to eligible tenants of a project 111 STAT. 1367insured under either section 221(d)(3) or 236 of the National Housing Act in the same manner as if the owner had prepaid the insured mortgage to the extent necessary to minimize any rent increases or to prevent displacement of low-income tenants in accordance with a transaction approved by the Secretary provided that the rents are no higher than the published section 8 fair market rents, as of the date of enactment, during the tenants’ occupancy of the property. Sec. 216. Nursing Home Lease Terms.—Section 232(b)(4)(B) of the National Housing Act is amended by striking “fifty years from the date the mortgage was executed” and inserting “ten years to run beyond the maturity date of the mortgage”. Sec. 217. Housing Opportunities for Persons With AIDS Grants. (a) Eligibility.—Notwithstanding section 854(c)(1)(A) of the AIDS Housing Opportunity Act (42 U.S.C. 12903(c)(1)(A)), from any amounts made available under this title for fiscal year 1998 that are allocated under such section, the Secretary of Housing and Urban Development shall allocate and make a grant, in the amount determined under subsection (b), for any State that— (1) received an allocation for fiscal year 1997 under clause (ii) of such section; (2) is not otherwise eligible for an allocation for fiscal year 1998 under such clause (ii) because the State does not have the number of cases of acquired immunodeficiency syndrome required under such clause; and (3) would meet such requirement if the cases in the metropolitan statistical area for any city within the State, which city was not eligible for an allocation for fiscal year 1997 under clause (i) of such section but is eligible for an allocation for fiscal year 1998 under such clause, were considered to be cases outside of metropolitan statistical areas described in clause (i) of such section. (b) Amount.—The amount of the allocation and grant for any State described in subsection (a) shall be the amount that is equal to the lesser of— (1) the difference between— (A) the total amount allocated for such State under section 854(c)(1)(A)(ii) of the AIDS Housing Opportunity Act for fiscal year 1997; and (B) the total amount allocated for the city described in subsection (a)(3) of this section under section 854(c)(1)(A)(i) of such Act for fiscal year 1998 (from amounts made available under this title); and (2) $300,000. Sec. 218. Debt Forgiveness.—The Secretary of Housing and Urban Development shall cancel the indebtedness of the Village of Robbins, Illinois, relating to loans under the Reconstruction Finance Corporation and refinanced under the Public Facility Loan program (loan numbers ILL–11–RFC–0029 and ILL–11–PFL0111). The Village is hereby relieved of all liability to the Federal Government for the outstanding principal balance on such loans, for the amount of accrued interest on such loans, and for any fees and charges payable in connection with such loans.111 STAT. 1368