ASSISTANCE.

SEC. 861. SECTION 236 ASSISTANCE. (a) Extension of Authority to Retain Excess Charges.—Section 236(g) of the National Housing Act (12 U.3.C. 1715z-l(g)), as amended by the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 2001, is amended— (1) in paragraph (2), by striking “Subject to paragraph (3) and notwithstanding” and inserting “Notwithstanding”; and (2) by striking paragraph (3) and redesignating paragraph (4) as paragraph (3). (b) Treatment of Excess Charges Previously Collected.—Any excess charges that a project owner may retain pursuant to the amendments made by subsections (b) and (c) of section 532 of the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 2000 (Public Law 106–74; 113 Stat. 1116) that have been collected by such owner since the date of the enactment of such appropriations Act and that such owner has not remitted to the Secretary of Housing and Urban Development may be retained by such owner 114 STAT. 3026 unless such Secretary otherwise provides. To the extent that a project owner has remitted such excess charges to the Secretary since such date of the enactment, the Secretary may return to the relevant project owner any such excess charges remitted. Notwithstanding any other provision of law, amounts in the Rental Housing Assistance Fund, or heretofore or subsequently transferred from the Rental Housing Assistance Fund to the Flexible Subsidy Fund, shall be available to make such return of excess charges previously remitted to the Secretary, including the return of excess charges referred to in section 532(e) of such appropriations Act.