```

[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 202 Referred in Senate (RFS)]

  1st Session
                                H. R. 202

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           September 28, 1999

Received; read twice and referred to the Committee on Banking, Housing, 
                           and Urban Affairs

_______________________________________________________________________

                                 AN ACT

 
  To provide for the preservation of assisted housing for low-income 
         elderly persons, disabled persons, and other families.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Preserving 
Affordable Housing for Senior Citizens and Families into the 21st 
Century Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title and table of contents.
Sec. 2. Regulations.
Sec. 3. Effective date.
   TITLE I--CONVERSION OF FINANCING AND REFINANCING FOR SECTION 202 
                   SUPPORTIVE HOUSING FOR THE ELDERLY

Sec. 101. Conversion of financing
Sec. 102. Prepayment and refinancing.
 TITLE II--AUTHORIZATION OF APPROPRIATIONS FOR SUPPORTIVE HOUSING FOR 
               THE ELDERLY AND PERSONS WITH DISABILITIES

Sec. 201. Supportive housing for elderly persons.
Sec. 202. Supportive housing for persons with disabilities.
Sec. 203. Service coordinators and congregate services for elderly and 
                            disabled housing.
TITLE III--EXPANDING HOUSING OPPORTUNITIES FOR THE ELDERLY AND PERSONS 
                           WITH DISABILITIES

                  Subtitle A--Housing for the Elderly

Sec. 301. Matching grant program.
Sec. 302. Eligibility of for-profit limited partnerships.
Sec. 303. Mixed funding sources.
Sec. 304. Authority to acquire structures.
Sec. 305. Mixed-income occupancy.
Sec. 306. Use of project reserves.
Sec. 307. Commercial activities.
Sec. 308. Mixed finance pilot program.
Sec. 309. Grants for conversion of elderly housing to assisted living 
                            facilities.
Sec. 310. Grants for conversion of public housing projects to assisted 
                            living facilities.
Sec. 311. Use of section 8 assistance for assisted living facilities.
Sec. 312. Annual HUD inventory of assisted housing designated for 
                            elderly persons.
Sec. 313. Treatment of applications.
           Subtitle B--Housing for Persons With Disabilities

Sec. 321. Matching grant program.
Sec. 322. Eligibility of for-profit limited partnerships.
Sec. 323. Mixed funding sources.
Sec. 324. Tenant-based assistance.
Sec. 325. Project size.
Sec. 326. Use of project reserves.
Sec. 327. Commercial activities.
                      Subtitle C--Other Provisions

Sec. 341. Service coordinators.
Sec. 342. Commission on Affordable Housing and Health Care Facility 
                            Needs in the 21st Century.
     TITLE IV--RENEWAL OF EXPIRING RENTAL ASSISTANCE CONTRACTS AND 
                        PROTECTION OF RESIDENTS

Sec. 401. Findings and purpose.
Sec. 402. Renewal of expiring contracts and enhanced vouchers for 
                            project residents.
Sec. 403. Section 236 assistance.
Sec. 404. Matching grant program for affordable housing preservation.
Sec. 405. Rehabilitation of assisted housing.
Sec. 406. Technical assistance.
Sec. 407. Termination of section 8 contract and duration of renewal 
                            contract.
Sec. 408. Enhanced voucher eligibility for residents of flexible 
                            subsidy properties.
Sec. 409. Enhanced disposition authority.
Sec. 410. Assistance for nonprofit purchasers preserving affordable 
                            housing.
TITLE V--MORTGAGE INSURANCE FOR HEALTH CARE FACILITIES AND HOME EQUITY 
                          CONVERSION MORTGAGES

Sec. 501. Rehabilitation of existing hospitals, nursing homes, and 
                            other facilities.
Sec. 502. New health care facilities.
Sec. 503. Hospitals and hospital-based health care facilities.
Sec. 504. Insurance for mortgages to refinance existing home equity 
                            conversion mortgages.

SEC. 2. REGULATIONS.

    The Secretary of Housing and Urban Development shall issue any 
regulations to carry out this Act and the amendments made by this Act 
that the Secretary determines may or will affect tenants of federally 
assisted housing only after notice and opportunity for public comment 
in accordance with the procedure under section 553 of title 5, United 
States Code, applicable to substantive rules (notwithstanding 
subsections (a)(2), (b)(B), and (d)(3) of such section). Notice of such 
proposed rulemaking shall be provided by publication in the Federal 
Register. In issuing such regulations, the Secretary shall take such 
actions as may be necessary to ensure that such tenants are notified 
of, and provided an opportunity to participate in, the rulemaking, as 
required by such section 553.

SEC. 3. EFFECTIVE DATE.

    (a) In General.--The provisions of this Act and the amendments made 
by this Act are effective as of the date of the enactment of this Act, 
unless such provisions or amendments specifically provide for 
effectiveness or applicability upon another date certain.
    (b) Effect of Regulatory Authority.--Any authority in this Act or 
the amendments made by this Act to issue regulations, and any specific 
requirement to issue regulations by a date certain, may not be 
construed to affect the effectiveness or applicability of the 
provisions of this Act or the amendments made by this Act under such 
provisions and amendments and subsection (a) of this section.

   TITLE I--CONVERSION OF FINANCING AND REFINANCING FOR SECTION 202 
                   SUPPORTIVE HOUSING FOR THE ELDERLY

SEC. 101. CONVERSION OF FINANCING

    (a) In General.--Subject to the provisions of this section, at the 
request of the owner of a project assisted under section 202 of the 
Housing Act of 1959 (as in effect before the enactment of the Cranston-
Gonzalez National Affordable Housing Act) and section 8 of the United 
States Housing Act of 1937 (or any other rental housing assistance 
programs of the Department of Housing and Urban Development, including 
the rent supplement program under section 101 of the Housing and Urban 
Development Act of 1965 (12 U.S.C. 1701s)), the Secretary shall convert 
the financing of any such housing project to financing under section 
202 of the Housing Act of 1959, as amended by section 801 of the 
Cranston-Gonzalez National Affordable Housing Act (12 U.S.C. 1701q). In 
such a conversion, the Secretary shall, if requested by the owner, 
convert loans made under such section 202 (as in effect before 
enactment of the Cranston-Gonzalez National Affordable Housing Act), 
and shall convert section 8 contracts (or such other contracts for 
rental housing assistance) provided in connection with such loans, into 
capital advances and project rental assistance under section 202 (as 
amended by section 801 of the Cranston-Gonzalez National Affordable 
Housing Act), respectively, in accordance with this section.
    (b) Debt Forgiveness.--
            (1) In general.--Subject to paragraph (2), in converting 
        the financing of any housing project pursuant to this section, 
        the Secretary shall cancel any indebtedness to the Secretary 
        relating to any remaining principal and interest under any loan 
        for the project made under section 202 of the Housing Act of 
        1959 (as in effect before the enactment of the Cranston-
        Gonzalez National Affordable Housing Act).
            (2) Budget act compliance.--The authority of the Secretary 
        to cancel indebtedness under paragraph (1) shall be effective 
        only to the extent or in such amounts as are or have been 
        provided in advance in appropriation Acts.
    (c) Cancellation of Rental Assistance Contracts and Use of Project 
Funds.--
            (1) In general.--For each housing project for which debt is 
        canceled under subsection (b) of this section pursuant to a 
        request for conversion under subsection (a), the Secretary 
        shall cancel any contract for rental assistance for the project 
        under section 8 of the United States Housing Act of 1937 (or 
        any other contract for rental housing assistance under a 
        program of the Department of Housing and Urban Development, 
        including the rent supplement program under section 101 of the 
        Housing and Urban Development Act of 1965 (12 U.S.C. 1701s)).
            (2) Use of unexpended amounts.--Amounts previously 
        obligated for such contract that remain unexpended shall be 
        used as follows:
                    (A) Project rental assistance contract.--Remaining 
                amounts shall be used first, to the extent necessary, 
                to provide rental assistance for the project, under a 
                contract for project rental assistance under section 
                202(c)(2) of the Housing Act of 1959 (12 U.S.C. 
                1701q(c)(2)), that--
                            (i) has a duration that is not less than 
                        the remainder of the section 8 or other rental 
                        housing assistance contract canceled; and
                            (ii) provides assistance in an annual 
                        amount that is equal to the aggregate amount 
                        provided during the last 12-month period under 
                        the section 8 or other rental housing 
                        assistance contract for the project canceled 
                        (pursuant to paragraph (1) of this subsection), 
                        less the portion of such assistance that is 
                        attributable to debt service for the loan on 
                        the project canceled under subsection (b) of 
                        this section, subject to an annual adjustment 
                        of existing rents under the contract by an 
                        operating cost adjustment factor established by 
                        the Secretary (which shall not result in a 
                        negative adjustment).
                    (B) Credit against loan cancellation.--Amounts 
                remaining after compliance with subparagraph (A) shall, 
                on a fiscal year basis, be transferred to the account 
                covering the loan for the project canceled pursuant to 
                subsection (b) and shall be credited as offsetting 
                collection to such account, in an amount for each 
                fiscal year that is equal to the amount of indebtedness 
                canceled for such year pursuant such subsection.
                    (C) Retrofitting, renovation, and service 
                coordinators.--Any amounts remaining after compliance 
                with subparagraphs (A) and (B) may be used, to the 
                extent the Secretary considers appropriate, to retrofit 
                or renovate the project or provide a service 
                coordinator for residents of the project, to the same 
                extent that such activities are authorized to be 
                provided under section 802 of the Cranston-Gonzalez 
                National Affordable Housing Act to housing assisted 
                under such section.
        Any such unexpended amounts in excess of the amount used in 
        accordance with subparagraphs (A) through (C) shall be 
        recaptured by the Secretary.
            (3) Use of project funds.--In converting the financing of 
        any housing project pursuant to this section, the Secretary may 
        authorize the owner of the project to use any residual receipts 
        held for the project that exceed $500 per unit (or such other 
        amount as the Secretary may prescribe based on the needs of the 
        project) in accordance with paragraph (2) to improve the market 
        viability, affordability, or service to low-income elderly 
        residents of the project.
    (d) Third Party Processing.--The Secretary may enter into contracts 
with public or private entities as the Secretary considers appropriate 
to facilitate efficient processing of elderly housing project 
conversions under this section.
    (e) Tenant Protections.--Notwithstanding any provision of section 
202 of the Housing Act of 1959, as amended by section 801 of the 
Cranston-Gonzalez National Affordable Housing Act (12 U.S.C. 1701q)--
            (1) any tenant who, at the time of the conversion under 
        this section of the financing for a housing project, is 
        lawfully residing in a dwelling unit in the project, may not be 
        considered to be ineligible for continued residency in the 
        project after such date because such tenant is not a very low-
        income elderly person; and
            (2) very low-income persons with disabilities (as such term 
        is defined in section 811 of the Cranston-Gonzalez National 
        Affordable Housing Act) shall be eligible for occupancy in such 
        project, and units in the project shall be reserved for 
        occupancy by such persons in not less than the same ratio that 
        units in such project are occupied, upon the date of conversion 
        under this section, by handicapped families (as such term is 
        defined in section 202 of the Housing Act of 1959, as in effect 
        before the enactment of the Cranston-Gonzalez National 
        Affordable Housing Act).
    (f) Waiver Authority.--The Secretary may waive the applicability of 
any provision of law or regulation necessary to carry out this section.
    (g) Study of Debt Forgiveness.--
            (1) In general.--The Secretary shall conduct an analysis of 
        the net impact on the Federal budget deficit or surplus of 
        making available, on a one-time basis, to sponsors of projects 
        assisted under section 202 of the Housing Act of 1959 (as in 
        effect before the enactment of the Cranston-Gonzalez National 
        Affordable Housing Act), forgiveness of any indebtedness to the 
        Secretary relating to any remaining principal and interest 
        under loans made under such section, together with a dollar for 
        dollar reduction in the amount of rental assistance under 
        section 8 of the United States Housing Act of 1937 or other 
        rental assistance provided for such project. Such analysis 
        shall take into consideration the full cost of future 
        appropriations for rental assistance under such section 8 
        expected to be provided if such debt forgiveness does not take 
        place, notwithstanding current budgetary treatment of such 
        actions pursuant to the Congressional Budget Act of 1974.
            (2) Report.--Not later than the expiration of the 3-month 
        period beginning on the date of the enactment of this Act, the 
        Secretary shall submit a report to the Congress containing the 
        quantitative results of the analysis and an enumeration of any 
        project or administrative benefits of such actions.

SEC. 102. PREPAYMENT AND REFINANCING.

    (a) Approval of Prepayment of Debt.--Upon request of the project 
sponsor of a project assisted with a loan under section 202 of the 
Housing Act of 1959 (as in effect before the enactment of the Cranston-
Gonzalez National Affordable Housing Act), the Secretary shall approve 
the prepayment of any indebtedness to the Secretary relating to any 
remaining principal and interest under the loan as part of a prepayment 
plan under which--
            (1) the project sponsor agrees to operate the project until 
        the maturity date of the original loan under terms at least as 
        advantageous to existing and future tenants as the terms 
        required by the original loan agreement or any rental 
        assistance payments contract under section 8 of the United 
        States Housing Act of 1937 (or any other rental housing 
        assistance programs of the Department of Housing and Urban 
        Development, including the rent supplement program under 
        section 101 of the Housing and Urban Development Act of 1965 
        (12 U.S.C. 1701s)) relating to the project; and
            (2) the prepayment may involve refinancing of the loan if 
        such refinancing results in a lower interest rate on the 
        principal of the loan for the project and in reductions in debt 
        service related to such loan.
    (b) Sources of Refinancing.--In the case of prepayment under this 
section involving refinancing, the project sponsor may refinance the 
project through any third party source, including financing by State 
and local housing finance agencies, use of tax-exempt bonds, multi-
family mortgage insurance under the National Housing Act, reinsurance, 
or other credit enhancements, including risk sharing as provided under 
section 542 of the Housing and Community Development Act of 1992 (12 
U.S.C. 1707 note). For purposes of underwriting a loan insured under 
the National Housing Act, the Secretary may assume that any section 8 
rental assistance contract relating to a project will be renewed for 
the term of such loan.
    (c) Use of Unexpended Amounts.--Upon execution of the refinancing 
for a project pursuant to this section, the Secretary shall make 
available at least 50 percent of the annual savings resulting from 
reduced section 8 or other rental housing assistance contracts in a 
manner that is advantageous to the tenants, including--
            (1) not more than 15 percent of the cost of increasing the 
        availability or provision of supportive services, which may 
        include the financing of service coordinators and congregate 
        services;
            (2) rehabilitation, modernization, or retrofitting of 
        structures, common areas, or individual dwelling units;
            (3) construction of an addition or other facility in the 
        project, including assisted living facilities (or, upon the 
        approval of the Secretary, facilities located in the community 
        where the project sponsor refinances a project under this 
        section, or pools shared resources from more than one such 
        project); or
            (4) rent reduction of unassisted tenants residing in the 
        project according to a pro rata allocation of shared savings 
        resulting from the refinancing.
    (d) Use of Certain Project Funds.--The Secretary shall allow a 
project sponsor that is prepaying and refinancing a project under this 
section--
            (1) to use any residual receipts held for that project in 
        excess of $500 per individual dwelling unit for not more than 
        15 percent of the cost of activities designed to increase the 
        availability or provision of supportive services; and
            (2) to use any reserves for replacement in excess of $1,000 
        per individual dwelling unit for activities described in 
        paragraphs (2) and (3) of subsection (c).
    (e) Budget Act Compliance.--This section shall be effective only to 
extent or in such amounts that are provided in advance in appropriation 
Acts.

 TITLE II--AUTHORIZATION OF APPROPRIATIONS FOR SUPPORTIVE HOUSING FOR 
               THE ELDERLY AND PERSONS WITH DISABILITIES

SEC. 201. SUPPORTIVE HOUSING FOR ELDERLY PERSONS.

    Section 202 of the Housing Act of 1959 (12 U.S.C. 1701q) is amended 
by adding at the end the following new subsection:
    ``(m) Authorization of Appropriations.--There is authorized to be 
appropriated for providing assistance under this section $700,000,000 
for fiscal year 2000 and such sums as may be necessary for each of 
fiscal years 2001, 2002, 2003, and 2004. Of the amount provided in 
appropriation Acts for assistance under this section in each such 
fiscal year, 5 percent shall be available only for providing assistance 
in accordance with the requirements under subsection (c)(4) (relating 
to matching funds), except that if there insufficient eligible 
applicants for such assistance, any amount remaining shall be used for 
assistance under this section.''.

SEC. 202. SUPPORTIVE HOUSING FOR PERSONS WITH DISABILITIES.

    Section 811 of the Cranston-Gonzalez National Affordable Housing 
Act (42 U.S.C. 8013) is amended--
            (1) by redesignating subsection (m) as subsection (n); and
            (2) by inserting after subsection (l) the following new 
        subsection:
    ``(m) Authorization of Appropriations.--There is authorized to be 
appropriated for providing assistance under this section $225,000,000 
for fiscal year 2000 and such sums as may be necessary for each of 
fiscal years 2001, 2002, 2003, and 2004. Of the amount provided in 
appropriation Acts for assistance under this section in each such 
fiscal year, 5 percent shall be available only for providing assistance 
in accordance with the requirements under subsection (d)(5) (relating 
to matching funds), except that if there insufficient eligible 
applicants for such assistance, any amount remaining shall be used for 
assistance under this section.''.

SEC. 203. SERVICE COORDINATORS AND CONGREGATE SERVICES FOR ELDERLY AND 
              DISABLED HOUSING.

    (a) Authorization of Appropriations for Federally Assisted 
Housing.--There is authorized to be appropriated to the Secretary of 
Housing and Urban Development $50,000,000 for fiscal year 2000, and 
such sums as may be necessary for each of fiscal years 2001 and 2002, 
for the following purposes:
            (1) Grants for service coordinators for certain federally 
        assisted multifamily housing.--For grants under section 676 of 
        the Housing and Community Development Act of 1992 (42 U.S.C. 
        13632) for providing service coordinators.
            (2) Congregate services for federally assisted housing.--
        For contracts under section 802 of the Cranston-Gonzalez 
        National Affordable Housing Act (42 U.S.C. 8011) to provide 
        congregate services programs for eligible residents of eligible 
        housing projects under subparagraphs (B) through (D) of 
        subsection (k)(6) of such section.
    (b) Public Housing.--There is authorized to be appropriated to the 
Secretary of Housing and Urban Development for fiscal year 2000 for 
grants for use only for activities described in paragraph (2) of 
section 34(b) of the United States Housing Act of 1937 (42 U.S.C. 
1437z-6(b)(2))--
            (1) such sums as may be necessary for renewal of all grants 
        made in prior fiscal years for providing service coordinators 
        and congregate services for the elderly and disabled in public 
        housing; and
            (2) $11,000,000 for grants in addition to such renewal 
        grants.

TITLE III--EXPANDING HOUSING OPPORTUNITIES FOR THE ELDERLY AND PERSONS 
                           WITH DISABILITIES

                  Subtitle A--Housing for the Elderly

SEC. 301. MATCHING GRANT PROGRAM.

    Section 202 of the Housing Act of 1959 (12 U.S.C. 1701q) is 
amended--
            (1) in subsection (b), in the second sentence, by inserting 
        ``or through matching grants under subsection (c)(4)'' after 
        ``subsection (c)(1)''; and
            (2) in subsection (c), by adding at the end the following 
        new paragraph:
            ``(4) Matching grants.--
                    ``(A) In general.--Amounts made available for 
                assistance under this paragraph shall be used only for 
                capital advances in accordance with paragraph (1), 
                except that the Secretary shall require that, as a 
                condition of providing assistance under this paragraph 
                for a project, the applicant for assistance shall 
                supplement the assistance with amounts from sources 
                other than this section in an amount that is not less 
                than 25 to 50 percent (as the Secretary may determine) 
                of the amount of assistance provided pursuant to this 
                paragraph for the project.
                    ``(B) Requirement for non-federal funds.--Not less 
                than 50 percent of supplemental amounts provided for a 
                project pursuant to subparagraph (A) shall be from non-
                Federal sources. Such supplemental amounts may include 
                the value of any in-kind contributions, including 
                donated land, structures, equipment, and other 
                contributions as the Secretary considers appropriate, 
                but only if the existence of such in-kind contributions 
                results in the construction of more dwelling units than 
                would have been constructed absent such contributions.
                    ``(C) Income eligibility.--Notwithstanding any 
                other provision of this section, the Secretary shall 
                provide that, in a project assisted under this 
                paragraph, a number of dwelling units may be made 
                available for occupancy by elderly persons who are not 
                very low-income persons in a number such that the ratio 
                that the number of dwelling units in the project so 
                occupied bears to the total number of units in the 
                project does not exceed the ratio that the amount from 
                non-Federal sources provided for the project pursuant 
                to this paragraph bears to the sum of the capital 
                advances provided for the project under this paragraph 
                and all supplemental amounts for the project provided 
                pursuant to this paragraph.''.

SEC. 302. ELIGIBILITY OF FOR-PROFIT LIMITED PARTNERSHIPS.

    Section 202(k)(4) of the Housing Act of 1959 (12 U.S.C. 
1701q(k)(4)) is amended by adding after and below subparagraph (C) the 
following new sentence:
        ``Such term includes a for-profit limited partnership the sole 
        general partner of which is an organization meeting the 
        requirements under subparagraphs (A), (B), and (C) and a 
        corporation wholly owned by an organization meeting the 
        requirements under subparagraphs (A), (B), and (C).''.

SEC. 303. MIXED FUNDING SOURCES.

    Section 202(h)(6) of the Housing Act of 1959 (12 U.S.C. 
1701q(h)(6)) is amended by striking ``non-Federal sources'' and 
inserting ``sources other than this section''.

SEC. 304. AUTHORITY TO ACQUIRE STRUCTURES.

    Section 202 of the Housing Act of 1959 (12 U.S.C. 1701q) is 
amended--
            (1) in subsection (b), by striking ``from the Resolution 
        Trust Corporation''; and
            (2) in subsection (h)(2)--
                    (A) in the heading for subparagraph (A), by 
                striking ``RTC properties'' and inserting 
                ``Acquisition''; and
                    (B) by striking ``from the Resolution'' and all 
                that follows through ``Insurance Act''.

SEC. 305. MIXED-INCOME OCCUPANCY.

    (a) In General.--The first sentence of section 202(i)(1) of the 
Housing Act of 1959 (12 U.S.C. 1701q(i)(1)) is amended by striking 
``and (B)'' and inserting the following: ``(B) notwithstanding clause 
(A) and in the case only of a supportive housing project for the 
elderly which has a high vacancy level (as such term is defined by the 
Secretary, but which shall not include vacancy upon the initial 
availability of units in a building), consistent with the purpose of 
improving housing opportunities for very low- and low-income elderly 
persons; and (C).''.
    (b) Availability of Units.--Section 202(i) of the Housing Act of 
1959 (12 U.S.C. 1701q(i)) is amended by adding at the end the following 
new paragraph:
            ``(3) Availability of units.--In the case of a supportive 
        housing project described in subsection (i)(1)(B) that has a 
        vacant dwelling unit, an owner may not make a dwelling unit 
        available for occupancy by, nor make any commitment to provide 
        occupancy in the unit to, a low-income family that is not a 
        very low-income family unless each eligible very low-income 
        family that has applied for occupancy in the project has been 
        offered an opportunity to accept occupancy in a unit in the 
        project.''.
    (b) Conforming Amendments.--Section 202 of the Housing Act of 1959 
(12 U.S.C. 1701q) is amended--
            (1) in subsection (c)--
                    (A) in paragraph (1), by inserting after ``elderly 
                persons'' the following: ``, and for low-income elderly 
                persons to the extent such occupancy is made available 
                pursuant to subsection (i)(1)(B),'';
                    (B) in the first sentence of paragraph (2), by 
                inserting after ``elderly persons'' the following: ``or 
                by low-income elderly persons (to the extent such 
                occupancy is made available pursuant to subsection 
                (i)(1)(B))''; and
                    (C) in paragraph (3), by inserting after ``very 
                low-income person'' the following: ``or a low-income 
                person (to the extent such occupancy is made available 
                pursuant to subsection (i)(1)(B))'';
            (2) in subsection (d)(1), by inserting after ``elderly 
        persons'' the following: ``, and low-income elderly persons to 
        the extent such occupancy is made available pursuant to 
        subsection (i)(1)(B),''; and
            (3) in subsection (k)--
                    (A) by redesignating paragraphs (3) through (8) as 
                paragraphs (4) through (9), respectively; and
                    (B) by inserting after paragraph (2) the following 
                new paragraph:
            ``(3) Low-income.--The term `low-income' has the same 
        meaning given the term `low-income families' under section 
        3(b)(2) of the United States Housing Act of 1937 (42 U.S.C. 
        1437a(b)(2)).''.

SEC. 306. USE OF PROJECT RESERVES.

    Section 202(j) of the Housing Act of 1959 (12 U.S.C. 1701q(j)) is 
amended by adding at the end the following new paragraph:
            ``(8) Use of project reserves.--Amounts for project 
        reserves for a project assisted under this section may be used 
        for costs, subject to reasonable limitations as the Secretary 
        determines appropriate, for reducing the number of dwelling 
        units in the project. Such use shall be subject to the approval 
        of the Secretary to ensure that the use is designed to retrofit 
        units that are currently obsolete or unmarketable.''.

SEC. 307. COMMERCIAL ACTIVITIES.

    Section 202(h)(1) of the Housing Act of 1959 (12 U.S.C. 
1701q(h)(1)) is amended by adding at the end the following new 
sentence: ``Neither this section nor any other provision of law may be 
construed as prohibiting or preventing the location and operation, in a 
project assisted under this section, of commercial facilities for the 
benefit of residents of the project and the community in which the 
project is located.''.

SEC. 308. MIXED FINANCE PILOT PROGRAM.

    (a) Authority.--The Secretary of Housing and Urban Development 
shall carry out a pilot program under this section to determine the 
effectiveness and feasibility of providing assistance under section 202 
of the Housing Act of 1959 (12 U.S.C. 1701q) for housing projects that 
are used both for supportive housing for the elderly and for other 
types of housing, which may include market rate housing.
    (b) Scope.--Under the pilot program the Secretary shall provide, to 
the extent that sufficient approvable applications for such assistance 
are received, assistance in the manner provided under subsection (d) 
for not more than five housing projects.
    (c) Mixed Use.--The Secretary shall require, for a project to be 
assisted under the pilot program--
            (1) that a portion of the dwelling units in the project be 
        reserved for use in accordance with, and subject to, the 
        requirements applicable to units assisted under section 202 of 
        the Housing Act of 1959; and
            (2) that the remainder of the dwelling units be used for 
        other purposes.
    (d) Financing.--The Secretary may use amounts provided for 
assistance under section 202 of the Housing Act of 1959 for assistance 
under the pilot program for capital advances in accordance with 
subsection (d)(1) of such section and project rental assistance in 
accordance with subsection (d)(2) of such section, only for dwelling 
units described in subsection (c)(1) of this section. Any assistance 
provided pursuant to subsection (d)(1) of such section 202 shall be 
provided in the form of a capital advance, subject to repayment as 
provided in such subsection, and shall not be structured as a loan. The 
Secretary shall take such action as may be necessary to ensure that the 
repayment contingency under such subsection is enforceable for projects 
assisted under the pilot program and to provide for appropriate 
protections of the interests of the Secretary in relation to other 
interests in the projects so assisted.
    (e) Waiver Authority.--Notwithstanding subsection (c)(1) of this 
section, the Secretary may waive the applicability of any provision of 
section 202 of the Housing Act of 1959 for any project assisted under 
the pilot program under this section as may be appropriate to carry out 
the program, except to the extent inconsistent with this section.

SEC. 309. GRANTS FOR CONVERSION OF ELDERLY HOUSING TO ASSISTED LIVING 
              FACILITIES.

    Title II of the Housing Act of 1959 is amended by inserting after 
section 202a (12 U.S.C. 1701q-1) the following new section:

``SEC. 202B. GRANTS FOR CONVERSION OF ELDERLY HOUSING TO ASSISTED 
              LIVING FACILITIES.

    ``(a) Grant Authority.--The Secretary of Housing and Urban 
Development may make grants in accordance with this section to owners 
of eligible projects described in subsection (b) for one or both of the 
following activities:
            ``(1) Repairs.--Substantial capital repairs to a project 
        that are needed to rehabilitate, modernize, or retrofit aging 
        structures, common areas, or individual dwelling units.
            ``(2) Conversion.--Activities designed to convert dwelling 
        units in the eligible project to assisted living facilities for 
        elderly persons.
    ``(b) Eligible Projects.--An eligible project described in this 
subsection is a multifamily housing project that is--
            ``(1) described in subparagraph (B), (C), (D), (E), (F), or 
        (G) of section 683(2) of the Housing and Community Development 
        Act of 1992 (42 U.S.C. 13641(2)), or (B) only to the extent 
        amounts of the Department of Agriculture are made available to 
        the Secretary of Housing and Urban Development for such grants 
        under this section for such projects, subject to a loan made or 
        insured under section 515 of the Housing Act of 1949 (42 U.S.C. 
        1485);
            ``(2) owned by a private nonprofit organization (as such 
        term is defined in section 202); and
            ``(3) designated primarily for occupancy by elderly 
        persons.
Notwithstanding any other provision of this subsection or this section, 
an unused or underutilized commercial property may be considered an 
eligible project under this subsection, except that the Secretary may 
not provide grants under this section for more three such properties. 
For any such projects, any reference under this section to dwelling 
units shall be considered to refer to the premises of such properties.
    ``(c) Applications.--Applications for grants under this section 
shall be submitted to the Secretary in accordance with such procedures 
as the Secretary shall establish. Such applications shall contain--
            ``(1) a description of the substantial capital repairs or 
        the proposed conversion activities for which a grant under this 
        section is requested;
            ``(2) the amount of the grant requested to complete the 
        substantial capital repairs or conversion activities;
            ``(3) a description of the resources that are expected to 
        be made available, if any, in conjunction with the grant under 
        this section; and
            ``(4) such other information or certifications that the 
        Secretary determines to be necessary or appropriate.
    ``(d) Funding for Services.--The Secretary may not make a grant 
under this section for conversion activities unless the application 
contains sufficient evidence, in the determination of the Secretary, of 
firm commitments for the funding of services to be provided in the 
assisted living facility, which may be provided by third parties.
    ``(e) Selection Criteria.--The Secretary shall select applications 
for grants under this section based upon selection criteria, which 
shall be established by the Secretary and shall include--
            ``(1) in the case of a grant for substantial capital 
        repairs, the extent to which the project to be repaired is in 
        need of such repair, including such factors as the age of 
        improvements to be repaired, and the impact on the health and 
        safety of residents of failure to make such repairs;
            ``(2) in the case of a grant for conversion activities, the 
        extent to which the conversion is likely to provide assisted 
        living facilities that are needed or are expected to be needed 
        by the categories of elderly persons that the assisted living 
        facility is intended to serve, with a special emphasis on very 
        low-income elderly persons who need assistance with activities 
        of daily living;
            ``(3) the inability of the applicant to fund the repairs or 
        conversion activities from existing financial resources, as 
        evidenced by the applicant's financial records, including 
        assets in the applicant's residual receipts account and 
        reserves for replacement account;
            ``(4) the extent to which the applicant has evidenced 
        community support for the repairs or conversion, by such 
        indicators as letters of support from the local community for 
        the repairs or conversion and financial contributions from 
        public and private sources;
            ``(5) in the case of a grant for conversion activities, the 
        extent to which the applicant demonstrates a strong commitment 
        to promoting the autonomy and independence of the elderly 
        persons that the assisted living facility is intended to serve;
            ``(6) in the case of a grant for conversion activities, the 
        quality, completeness, and managerial capability of providing 
        the services which the assisted living facility intends to 
        provide to elderly residents, especially in such areas as 
        meals, 24-hour staffing, and on-site health care; and
            ``(7) such other criteria as the Secretary determines to be 
        appropriate to ensure that funds made available under this 
        section are used effectively.
    ``(f) Definitions.--For the purposes of this section--
            ``(1) the term `assisted living facility' has the meaning 
        given such term in section 232(b) of the National Housing Act 
        (12 U.S.C. 1715w(b)); and
            ``(2) the definitions in section 202(k) shall apply.
    ``(g) Authorization of Appropriations.--There is authorized to be 
appropriated for providing grants under this section such sums as may 
be necessary for each of fiscal years 2000, 2001, 2002, 2003, and 
2004.''.

SEC. 310. GRANTS FOR CONVERSION OF PUBLIC HOUSING PROJECTS TO ASSISTED 
              LIVING FACILITIES.

    Title I of the United States Housing Act of 1937 (42 U.S.C. 1437 et 
seq.) is amended by adding at the end the following new section:

``SEC. 36. GRANTS FOR CONVERSION OF PUBLIC HOUSING TO ASSISTED LIVING 
              FACILITIES.

    ``(a) Grant Authority.--The Secretary may make grants in accordance 
with this section to public housing agencies for use for activities 
designed to convert dwelling units in an eligible projects described in 
subsection (b) to assisted living facilities for elderly persons.
    ``(b) Eligible Projects.--An eligible project described in this 
subsection is a public housing project (or a portion thereof) that has 
been designated under section 7 for occupancy only by elderly persons.
    ``(c) Applications.--Applications for grants under this section 
shall be submitted to the Secretary in accordance with such procedures 
as the Secretary shall establish. Such applications shall contain--
            ``(1) a description of the proposed conversion activities 
        for which a grant under this section is requested;
            ``(2) the amount of the grant requested;
            ``(3) a description of the resources that are expected to 
        be made available, if any, in conjunction with the grant under 
        this section; and
            ``(4) such other information or certifications that the 
        Secretary determines to be necessary or appropriate.
    ``(d) Funding for Services.--The Secretary may not make a grant 
under this section unless the application contains sufficient evidence, 
in the determination of the Secretary, of firm commitments for the 
funding of services to be provided in the assisted living facility.
    ``(e) Selection Criteria.--The Secretary shall select applications 
for grants under this section based upon selection criteria, which 
shall be established by the Secretary and shall include--
            ``(1) the extent to which the conversion is likely to 
        provide assisted living facilities that are needed or are 
        expected to be needed by the categories of elderly persons that 
        the assisted living facility is intended to serve;
            ``(2) the inability of the public housing agency to fund 
        the conversion activities from existing financial resources, as 
        evidenced by the agency's financial records;
            ``(3) the extent to which the agency has evidenced 
        community support for the conversion, by such indicators as 
        letters of support from the local community for the conversion 
        and financial contributions from public and private sources;
            ``(4) extent to which the applicant demonstrates a strong 
        commitment to promoting the autonomy and independence of the 
        elderly persons that the assisted living facility is intended 
        to serve;
            ``(5) the quality, completeness, and managerial capability 
        of providing the services which the assisted living facility 
        intends to provide to elderly residents, especially in such 
        areas as meals, 24-hour staffing, and on-site health care; and
            ``(6) such other criteria as the Secretary determines to be 
        appropriate to ensure that funds made available under this 
        section are used effectively.
    ``(f) Definition.--For the purposes of this section, the term 
`assisted living facility' has the meaning given such term in section 
232(b) of the National Housing Act (12 U.S.C. 1715w(b)).
    ``(g) Authorization of Appropriations.--There is authorized to be 
appropriated for providing grants under this section such sums as may 
be necessary for each of fiscal years 2000, 2001, 2002, 2003, and 
2004.''.

SEC. 311. USE OF SECTION 8 ASSISTANCE FOR ASSISTED LIVING FACILITIES.

    (a) Voucher Assistance.--Section 8(o) of the United States Housing 
Act of 1937 (42 U.S.C. 1437f(o)) is amended by adding at the end the 
following new paragraph:
            ``(18) Rental assistance for assisted living facilities.--
                    ``(A) In general.--A public housing agency may make 
                assistance payments on behalf of a family that uses an 
                assisted living facility as a principal place of 
                residence and that uses such supportive services made 
                available in the facility as the agency may require. 
                Such payments may be made only for covering costs of 
                rental of the dwelling unit in the assisted living 
                facility and not for covering any portion of the cost 
                of residing in such facility that is attributable to 
                service relating to assisted living.
                    ``(B) Rent calculation.--
                            ``(i) Charges included.--For assistance 
                        pursuant to this paragraph, the rent of the 
                        dwelling unit that is a assisted living 
                        facility with respect to which assistance 
                        payments are made shall include maintenance and 
                        management charges related to the dwelling unit 
                        and tenant-paid utilities. Such rent shall not 
                        include any charges attributable to services 
                        relating to assisted living.
                            ``(ii) Payment standard.--In determining 
                        the monthly assistance that may be paid under 
                        this paragraph on behalf of any family residing 
                        in an assisted living facility, the public 
                        housing agency shall utilize the payment 
                        standard established under paragraph (1), for 
                        the market area in which the assisted living 
                        facility is located, for the applicable size 
                        dwelling unit.
                            ``(iii) Monthly assistance payment.--The 
                        monthly assistance payment for a family 
                        assisted under this paragraph shall be 
                        determined in accordance with paragraph (2) 
                        (using the rent and payment standard for the 
                        dwelling unit as determined in accordance with 
                        this subsection).
                    ``(C) Definition.--For the purposes of this 
                paragraph, the term `assisted living facility' has the 
                meaning given that term in section 232(b) of the 
                National Housing Act (12 U.S.C. 1715w(b)), except that 
                such a facility may be contained within a portion of a 
                larger multifamily housing project.''.
    (b) Project-Based Assistance.--Section 202b of the Housing Act of 
1959, as added by section 2 of this Act, is amended--
            (1) by redesignating subsections (f) and (g) as subsections 
        (g) and (h), respectively; and
            (2) by inserting after subsection (e) the following new 
        subsection:
    ``(f) Section 8 Project-Based Assistance.--
            ``(1) Eligibility.--Notwithstanding any other provision of 
        law, a multifamily project which includes one or more dwelling 
        units that have been converted to assisted living facilities 
        using grants made under this section shall be eligible for 
        project-based assistance under section 8 of the United States 
        Housing Act of 1937, in the same manner in which the project 
        would be eligible for such assistance but for the assisted 
        living facilities in the project.
            ``(2) Calculation of rent.--For assistance pursuant to this 
        subsection, the maximum monthly rent of a dwelling unit that is 
        an assisted living facility with respect to which assistance 
        payments are made shall not include charges attributable to 
        services relating to assisted living.''.

SEC. 312. ANNUAL HUD INVENTORY OF ASSISTED HOUSING DESIGNATED FOR 
              ELDERLY PERSONS.

    Subtitle D of title VI of the Housing and Community Development Act 
of 1992 (42 U.S.C. 13611 et seq.) is amended by adding at the end the 
following new section:

``SEC. 662. ANNUAL INVENTORY OF ASSISTED HOUSING DESIGNATED FOR ELDERLY 
              PERSONS.

    ``(a) In General.--The Secretary shall establish and maintain, and 
on an annual basis shall update and publish, an inventory of housing 
that--
            ``(1) is assisted under a program of the Department of 
        Housing and Urban Development, including all federally assisted 
        housing; and
            ``(2) is designated, in whole or in part, for occupancy by 
        elderly families or disabled families, or both.
    ``(b) Contents.--The inventory required under this section shall 
identify housing described in subsection (a) and the number of dwelling 
units in such housing that--
            ``(1) are in projects designated for occupancy only by 
        elderly families;
            ``(2) are in projects designated for occupancy only by 
        disabled families;
            ``(3) contain special features or modifications designed to 
        accommodate persons with disabilities and are in projects 
        designated for occupancy only by disabled families;
            ``(4) are in projects for which a specific percentage or 
        number of the dwelling units are designated for occupancy only 
        by elderly families;
            ``(5) are in projects for which a specific percentage or 
        number of the dwelling units are designated for occupancy only 
        by disabled families; and
            ``(6) are in projects designed for occupancy only by both 
        elderly or disabled families.
    ``(c) Publication.--The Secretary shall annually publish the 
inventory required under this section in the Federal Register and shall 
make the inventory available to the public by posting on a World Wide 
Web site of the Department.''.

SEC. 313. TREATMENT OF APPLICATIONS.

    (a) In General.--Notwithstanding any other provision of law or any 
regulation of the Secretary of Housing and Urban Development, in the 
case of any denial of an application for assistance under section 202 
of the Housing Act of 1959 (12 U.S.C. 1701q) for failure to timely 
provide information required by the Secretary, the Secretary shall 
notify the applicant of the failure and provide the applicant an 
opportunity to show that the failure was due to the failure of a third 
party to provide information under the control of the third party. If 
the applicant demonstrates, within a reasonable period of time after 
notification of such failure, that the applicant did not have such 
information but requested the timely provision of such information by 
the third party, the Secretary may not deny the application on the 
grounds of failure to timely provide such information.
    (b) Applicability.--This section shall have no force or effect 
after the expiration of the 12-month period beginning on the date of 
the enactment of this Act.

           Subtitle B--Housing for Persons With Disabilities

SEC. 321. MATCHING GRANT PROGRAM.

    Section 811 of the Cranston-Gonzalez National Affordable Housing 
Act (42 U.S.C. 8013) is amended--
            (1) in subsection (b)(2)(A), by inserting ``or through 
        matching grants under subsection (d)(5)'' after ``subsection 
        (d)(1)''; and
            (2) in subsection (d), by adding at the end the following 
        new paragraph:
            ``(5) Matching grants.--
                    ``(A) In general.--Amounts made available for 
                assistance under this paragraph shall be used only for 
                capital advances in accordance with paragraph (1), 
                except that the Secretary shall require that, as a 
                condition of providing assistance under this paragraph 
                for a project, the applicant for assistance shall 
                supplement the assistance with amounts from sources 
                other than this section in an amount that is not less 
                than 25 to 50 percent (as the Secretary may determine) 
                of the amount of assistance provided pursuant to this 
                paragraph for the project.
                    ``(B) Requirement for non-federal funds.--Not less 
                than 50 percent of supplemental amounts provided for a 
                project pursuant to subparagraph (A) shall be from non-
                Federal sources. Such supplemental amounts may include 
                the value of any in-kind contributions, including 
                donated land, structures, equipment, and other 
                contributions as the Secretary considers appropriate, 
                but only if the existence of such in-kind contributions 
                results in the construction of more dwelling units than 
                would have been constructed absent such contributions.
                    ``(C) Income eligibility.--Notwithstanding any 
                other provision of this section, the Secretary shall 
                provide that, in a project assisted under this 
                paragraph, a number of dwelling units may be made 
                available for occupancy by persons with disabilities 
                who are not very low-income persons in a number such 
                that the ration that the number of dwelling units in 
                the project so occupied bears to the total number of 
                units in the project does not exceed the ratio that the 
                amount from non-Federal sources provided for the 
                project pursuant to this paragraph bears to the sum of 
                the capital advances provided for the project under 
                this paragraph and all supplemental amounts for the 
                project provided pursuant to this paragraph.''.

SEC. 322. ELIGIBILITY OF FOR-PROFIT LIMITED PARTNERSHIPS.

    Section 811(k)(6) of the Housing Act of 1959 (42 U.S.C. 8013(k)(6)) 
is amended by adding after and below subparagraph (D) the following new 
sentence:
        ``Such term includes a for-profit limited partnership the sole 
        general partner of which is an organization meeting the 
        requirements under subparagraphs (A), (B), (C), and (D) and a 
        corporation wholly owned by an organization meeting the 
        requirements under subparagraphs (A), (B), (C), and (D).''.

SEC. 323. MIXED FUNDING SOURCES.

    Section 811(h)(5) of the Cranston-Gonzalez National Affordable 
Housing Act (42 U.S.C. 8013(h)(5)) is amended by striking ``non-Federal 
sources'' and inserting ``sources other than this section''.

SEC. 324. TENANT-BASED ASSISTANCE.

    Section 811 of the Cranston-Gonzalez National Affordable Housing 
Act (42 U.S.C. 8013) is amended--
            (1) in subsection (d), by striking paragraph (4) and 
        inserting the following new paragraph:
            ``(4) Tenant-based rental assistance.--
                    ``(A) Administering entities.--Tenant-based rental 
                assistance provided under subsection (b)(1) may be 
                provided only through a public housing agency that has 
                submitted and had approved an plan under section 7(d) 
                of the United States Housing Act of 1937 (42 U.S.C. 
                1437e(d)) that provides for such assistance, or through 
                a private nonprofit organization. A public housing 
                agency shall be eligible to apply under this section 
                only for the purposes of providing such tenant-based 
                rental assistance.
                    ``(B) Program rules.--Tenant-based rental 
                assistance under subsection (b)(1) shall be made 
                available to eligible persons with disabilities and 
                administered under the same rules that govern tenant-
                based rental assistance made available under section 8 
                of the United States Housing Act of 1937, except that 
                the Secretary may waive or modify such rules, but only 
                to the extent necessary to provide for administering 
                such assistance under subsection (b)(1) through private 
                nonprofit organizations rather than through public 
                housing agencies.
                    ``(C) Allocation of assistance.--In determining the 
                amount of assistance provided under subsection (b)(1) 
                for a private nonprofit organization or public housing 
                agency, the Secretary shall consider the needs and 
                capabilities of the organization or agency, in the case 
                of a public housing agency, as described in the plan 
                for the agency under section 7 of the United States 
                Housing Act of 1937.''; and
            (2) in subsection (l)(1)--
                    (A) by striking ``subsection (b)'' and inserting 
                ``subsection (b)(2)'';
                    (B) by striking the last comma and all that follows 
                through ``subsection (n)''; and
                    (C) by inserting after the last period the 
                following new sentence: ``Notwithstanding any other 
                provision of this section, the Secretary may use not 
                more than 25 percent of the total amounts made 
                available for assistance under this section for any 
                fiscal year for tenant-based rental assistance under 
                subsection (b)(1) for persons with disabilities, and no 
                authority of the Secretary to waive provisions of this 
                section may be used to alter the percentage limitation 
                under this sentence.''.

SEC. 325. PROJECT SIZE.

    (a) Limitation.--Section 811 of the Cranston-Gonzalez National 
Affordable Housing Act (42 U.S.C. 8013) is amended--
            (1) in subsection (k)(4), by inserting ``, subject to the 
        limitation under subsection (h)(6)'' after ``prescribe''; and
            (2) in subsection (l), by adding at the end the following 
        new paragraph:
            ``(4) Size limitation.--Of any amounts made available for 
        any fiscal year and used for capital advances or project rental 
        assistance under paragraphs (1) and (2) of subsection (d), not 
        more than 25 percent may be used for supportive housing which 
        contains more than 24 separate dwelling units.''.
    (b) Study.--Not later than the expiration of the 3-month period 
beginning on the date of the enactment of this Act, the Secretary of 
Housing and Urban Development shall conduct a study and submit a report 
to the Congress regarding--
            (1) the extent to which the authority of the Secretary 
        under section 811(k)(4) of the Cranston-Gonzalez National 
        Affordable Housing Act (42 U.S.C. 8013(k)(4)), as in effect 
        immediately before the enactment of this Act, has been used in 
        each year since 1990 to provide for assistance under such 
        section for supportive housing for persons with disabilities 
        having more than 24 separate dwelling units;
            (2) the per-unit costs of, and the benefits and problems 
        associated with, providing such housing in projects having 8 or 
        less dwelling units, 8 to 24 units, and more than 24 units; and
            (3) the per-unit costs of, and the benefits and problems 
        associated with providing housing under section 202 of the 
        Housing Act of 1959 (12 U.S.C. 1701q) in projects having 30 to 
        50 dwelling units, in projects having more than 50 but not more 
        than 80 dwelling units, in projects having more than 80 but not 
        more than 120 dwelling units, and in projects having more than 
        120 dwelling units, but the study shall also examine the social 
        considerations afforded by smaller and moderate-size 
        developments and shall not be limited to economic factors.

SEC. 326. USE OF PROJECT RESERVES.

    Section 811(j) of the Cranston-Gonzalez National Affordable Housing 
Act (42 U.S.C. 8013(j)) is amended by adding at the end the following 
new paragraph:
            ``(7) Use of project reserves.--Amounts for project 
        reserves for a project assisted under this section may be used 
        for costs, subject to reasonable limitations as the Secretary 
        determines appropriate, for reducing the number of dwelling 
        units in the project. Such use shall be subject to the approval 
        of the Secretary to ensure that the use is designed to retrofit 
        units that are currently obsolete or unmarketable.''.

SEC. 327. COMMERCIAL ACTIVITIES.

    Section 811(h)(1) of the Cranston-Gonzalez National Affordable 
Housing Act (42 U.S.C. 8013(h)(1)) is amended by adding at the end the 
following new sentence: ``Neither this section nor any other provision 
of law may be construed as prohibiting or preventing the location and 
operation, in a project assisted under this section, of commercial 
facilities for the benefit of residents of the project and the 
community in which the project is located.''.

                      Subtitle C--Other Provisions

SEC. 341. SERVICE COORDINATORS.

    (a) Increased Flexibility for Use of Service Coordinators in 
Certain Federally Assisted Housing.--Section 676 of the Housing and 
Community Development Act of 1992 (42 U.S.C. 13632) is amended--
            (1) in the section heading, by striking ``multifamily 
        housing assisted under the national housing act'' and inserting 
        ``certain federally assisted housing'';
            (2) in subsection (a)--
                    (A) in the first sentence, by striking ``(E) and 
                (F)'' and inserting ``(B), (C), (D), (E), (F), and 
                (G)''; and
                    (B) in the last sentence--
                            (i) by striking ``section 661'' and 
                        inserting ``section 671''; and
                            (ii) by adding after the period at the end 
                        the following new sentence: ``A service 
                        coordinator funded with a grant under this 
                        section for a project may provide services to 
                        low-income elderly or disabled families living 
                        in the vicinity of such project.'';
            (3) in subsection (d)--
                    (A) by striking ``(E) or (F)'' and inserting ``(B), 
                (C), (D), (E), (F), or (G)''; and
                    (B) by striking ``section 661'' and inserting 
                ``section 671''; and
            (4) by striking subsection (c) and redesignating subsection 
        (d) (as amended by paragraph (3) of this subsection) as 
        subsection (c).
    (b) Requirement To Provide Service Coordinators.--Section 671 of 
the Housing and Community Development Act of 1992 (42 U.S.C. 13631) is 
amended--
            (1) in the first sentence of subsection (a), by striking 
        ``to carry out this subtitle pursuant to the amendments made by 
        this subtitle'' and inserting the following: ``for providing 
        service coordinators under this section'';
            (2) in subsection (d), by inserting ``)'' after ``section 
        683(2)''; and
            (3) by adding at the end following new subsection:
    ``(e) Services for Low-Income Elderly or Disabled Families Residing 
in Vicinity of Certain Projects.--To the extent only that this section 
applies to service coordinators for covered federally assisted housing 
described in subparagraphs (B), (C), (D), (E), (F), and (G) of section 
683(2), any reference in this section to elderly or disabled residents 
of a project shall be construed to include low-income elderly or 
disabled families living in the vicinity of such project.''.
    (c) Protection Against Telemarketing Fraud.--
            (1) Supportive housing for the elderly.--The first sentence 
        of section 202(g)(1) of the Housing Act of 1959 (12 U.S.C. 
        1701q(g)(1)) is amended by striking ``and (F)'' and inserting 
        the following: ``(F) providing education and outreach regarding 
        telemarketing fraud, in accordance with the standards issued 
        under section 671(f) of the Housing and Community Development 
        Act of 1992 (42 U.S.C. 13631(f)); and (G)''.
            (2) Other federally assisted housing.--Section 671 of the 
        Housing and Community Development Act of 1992 (42 U.S.C. 
        13631), as amended by subsection (b) of this section, is 
        further amended--
                    (A) in the first sentence of subsection (c), by 
                inserting after ``response,'' the following: 
                ``providing education and outreach regarding 
                telemarketing fraud, in accordance with the standards 
                issued under subsection (f),''; and
                    (B) by adding at the end the following new 
                subsection:
    ``(f) Protection Against Telemarketing Fraud.--
            ``(1) In general.--The Secretary, in coordination with the 
        Secretary of Health and Human Services, shall establish 
        standards for service coordinators in federally assisted 
        housing who are providing education and outreach to elderly 
        persons residing in such housing regarding telemarketing fraud. 
        The standards shall be designed to ensure that such education 
        and outreach informs such elderly persons of the dangers of 
        telemarketing fraud and facilitates the investigation and 
        prosecution of telemarketers engaging in fraud against such 
        residents.
            ``(2) Contents.--The standards established under this 
        subsection shall require that any such education and outreach 
        be provided in a manner that--
                    ``(A) informs such residents of (i) the prevalence 
                of telemarketing fraud targeted against elderly 
                persons; (ii) how telemarketing fraud works; (iii) how 
                to identify telemarketing fraud; (iv) how to protect 
                themselves against telemarketing fraud, including an 
                explanation of the dangers of providing bank account, 
                credit card, or other financial or personal information 
                over the telephone to unsolicited callers; (v) how to 
                report suspected attempts at telemarketing fraud; and 
                (vi) their consumer protection rights under Federal 
                law;
                    ``(B) provides such other information as the 
                Secretary considers necessary to protect such residents 
                against fraudulent telemarketing; and
                    ``(C) disseminates the information provided by 
                appropriate means, and in determining such appropriate 
                means, the Secretary shall consider on-site 
                presentations at federally assisted housing, public 
                service announcements, a printed manual or pamphlet, an 
                Internet website, and telephone outreach to residents 
                whose names appear on `mooch lists' confiscated from 
                fraudulent telemarketers.''.

SEC. 342. COMMISSION ON AFFORDABLE HOUSING AND HEALTH CARE FACILITY 
              NEEDS IN THE 21ST CENTURY.

    (a) Establishment.--There is hereby established a commission to be 
known as the Commission on Affordable Housing and Health Care Facility 
Needs in the 21st Century (in this section referred to as the 
``Commission''.
    (b) Study.--The duty of the Commission shall be to conduct a study 
that--
            (1) compiles and interprets information regarding the 
        expected increase in the population of persons 62 years of age 
        or older, particularly information regarding distribution of 
        income levels, homeownership and home equity rates, and degree 
        or extent of health and independence of living;
            (2) provides an estimate of the future needs of seniors for 
        affordable housing and assisted living and health care 
        facilities;
            (3) provides a comparison of estimate of such future needs 
        with an estimate of the housing and facilities expected to be 
        provided under existing public programs, and identifies 
        possible actions or initiatives that may assist in providing 
        affordable housing and assisted living and health care 
        facilities to meet such expected needs;
            (4) identifies and analyzes methods of encouraging 
        increased private sector participation, investment, and capital 
        formation in affordable housing and assisted living and health 
        care facilities for seniors through partnerships between public 
        and private entities and other creative strategies;
            (5) analyzes the costs and benefits of comprehensive aging-
        in-place strategies, taking into consideration physical and 
        mental well-being and the importance of coordination between 
        shelter and supportive services;
            (6) identifies and analyzes methods of promoting a more 
        comprehensive approach to dealing with housing and supportive 
        service issues involved in aging and the multiple governmental 
        agencies involved in such issues, including the Department of 
        Housing and Urban Development and the Department of Health and 
        Human Services; and
            (7) examines how to establish intergenerational learning 
        and care centers and living arrangements, in particular to 
        facilitate appropriate environments for families consisting 
        only of children and a grandparent or grandparents who are the 
        head of the household.
    (c) Membership.--
            (1) Number and Appointment.--The Commission shall be 
        composed of 14 members, appointed not later than January 1, 
        2000, as follows:
                    (A) Two co-chairpersons, of whom--
                            (i) one co-chairperson shall be appointed 
                        by a committee consisting of the chairman of 
                        the Subcommittee on Housing and Community 
                        Opportunities of the House of Representatives 
                        and the chairman of the Subcommittee on Housing 
                        and Transportation of the Senate, and the 
                        chairmen of the Subcommittees on the 
                        Departments of Veterans Affairs and Housing and 
                        Urban Development, and Independent Agencies of 
                        the Committees on Appropriations of the House 
                        of Representatives and the Senate; and
                            (ii) one co-chairperson shall be appointed 
                        by a committee consisting of the ranking 
                        minority member of the Subcommittee on Housing 
                        and Community Opportunities of the House of 
                        Representatives and the ranking minority member 
                        of the Subcommittee on Housing and 
                        Transportation of the Senate, and the ranking 
                        minority members of the Subcommittees on the 
                        Departments of Veterans Affairs and Housing and 
                        Urban Development, and Independent Agencies of 
                        the Committees on Appropriations of the House 
                        of Representatives and the Senate.
                    (B) Six members appointed by the Chairman and 
                Ranking Minority Member of the Committee on Banking and 
                Financial Services of the House of Representatives and 
                the Chairman and Ranking Minority Member of the 
                Committee on Appropriations of the House of 
                Representatives.
                    (C) Six members appointed by the Chairman and 
                Ranking Minority Member of the Committee on Banking, 
                Housing, and Urban Affairs of the Senate and the 
                Chairman and Ranking Minority Member of the Committee 
                on Appropriations of the Senate.
            (2) Qualifications.--Appointees should have proven 
        expertise in directing, assembling, or applying capital 
        resources from a variety of sources to the successful 
        development of affordable housing, assisted living facilities, 
        or health care facilities.
            (3) Vacancies.--Any vacancy on the Commission shall not 
        affect its powers and shall be filled in the manner in which 
        the original appointment was made.
            (4) Chairpersons.--The members appointed pursuant to 
        paragraph (1)(A) shall serve as co-chairpersons of the 
        Commission.
            (5) Prohibition of pay.--Members of the Commission shall 
        serve without pay.
            (6) Travel expenses.--Each member of the Commission shall 
        receive travel expenses, including per diem in lieu of 
        subsistence, in accordance with sections 5702 and 5703 of title 
        5, United States Code.
            (7) Quorum.--A majority of the members of the Commission 
        shall constitute a quorum but a lesser number may hold 
        hearings.
            (8) Meetings.--The Commission shall meet at the call of the 
        Chairpersons.
    (d) Director and Staff.--
            (1) Director.--The Commission shall have a Director who 
        shall be appointed by the Chairperson. The Director shall be 
        paid at a rate not to exceed the rate of basic pay payable for 
        level V of the Executive Schedule.
            (2) Staff.--The Commission may appoint personnel as 
        appropriate. The staff of the Commission shall be appointed 
        subject to the provisions of title 5, United States Code, 
        governing appointments in the competitive service, and shall be 
        paid in accordance with the provisions of chapter 51 and 
        subchapter III of chapter 53 of that title relating to 
        classification and General Schedule pay rates.
            (3) Experts and consultants.--The Commission may procure 
        temporary and intermittent services under section 3109(b) of 
        title 5, United States Code, but at rates for individuals not 
        to exceed the daily equivalent of the maximum annual rate of 
        basic pay payable for the General Schedule.
            (4) Staff of federal agencies.--Upon request of the 
        Commission, the head of any Federal department or agency may 
        detail, on a reimbursable basis, any of the personnel of that 
        department or agency to the Commission to assist it in carrying 
        out its duties under this Act.
    (e) Powers.--
            (1) Hearings and sessions.--The Commission may, for the 
        purpose of carrying out this section, hold hearings, sit and 
        act at times and places, take testimony, and receive evidence 
        as the Commission considers appropriate.
            (2) Powers of members and agents.--Any member or agent of 
        the Commission may, if authorized by the Commission, take any 
        action which the Commission is authorized to take by this 
        section.
            (3) Obtaining official data.--The Commission may secure 
        directly from any department or agency of the United States 
        information necessary to enable it to carry out this Act. Upon 
        request of the Chairpersons of the Commission, the head of that 
        department or agency shall furnish that information to the 
        Commission.
            (4) Gifts, bequests, and devises.--The Commission may 
        accept, use, and dispose of gifts, bequests, or devises of 
        services or property, both real and personal, for the purpose 
        of aiding or facilitating the work of the Commission. Gifts, 
        bequests, or devises of money and proceeds from sales of other 
        property received as gifts, bequests, or devises shall be 
        deposited in the Treasury and shall be available for 
        disbursement upon order of the Commission.
            (5) Mails.--The Commission may use the United States mails 
        in the same manner and under the same conditions as other 
        departments and agencies of the United States.
            (6) Administrative support services.--Upon the request of 
        the Commission, the Administrator of General Services shall 
        provide to the Commission, on a reimbursable basis, the 
        administrative support services necessary for the Commission to 
        carry out its responsibilities under this section.
            (7) Contract Authority.--The Commission may contract with 
        and compensate government and private agencies or persons for 
        services, without regard to section 3709 of the Revised 
        Statutes (41 U.S.C. 5).
    (f) Report.--The Commission shall submit to the Committees on 
Banking and Financial Services and Appropriations of the House of 
Representatives and the Committees on Banking, Housing, and Urban 
Affairs and Appropriations of the Senate, a final report not later than 
December 31, 2001. The report shall contain a detailed statement of the 
findings and conclusions of the Commission with respect to the study 
conducted under subsection (b), together with its recommendations for 
legislation, administrative actions, and any other actions the 
Commission considers appropriate.
    (g) Funding.--Of any amounts appropriated for fiscal year 2000 to 
carry out title V of the Housing and Urban Development Act of 1970 (12 
U.S.C. 1701z-1 et seq.) $500,000 shall be available to the Commission 
for carrying out this section.
    (h) Termination.--The Commission shall terminate on June 30, 2002. 
Section 14(a)(2)(B) of the Federal Advisory Committee Act (5 U.S.C. 
App.; relating to the termination of advisory committees) shall not 
apply to the Commission.

     TITLE IV--RENEWAL OF EXPIRING RENTAL ASSISTANCE CONTRACTS AND 
                        PROTECTION OF RESIDENTS

SEC. 401. FINDINGS AND PURPOSE.

    (a) Findings.--The Congress finds that--
            (1) there exists throughout the United States a need for 
        decent, safe and affordable housing;
            (2) affordable housing is critical to the well-being of 
        seniors, persons with disabilities, and vulnerable families;
            (3) an unprecedented number of contracts for Federal rental 
        assistance are expiring now and will expire in the near future;
            (4) a significant number of private owners of affordable 
        housing developments are choosing to not renew their subsidy 
        contracts with the Federal Government;
            (5) in cases where assistance contracts are not renewed, 
        rent levels in the affected developments may rise dramatically;
            (6) a significant number of residents in these developments 
        are seniors or persons with disabilities or are otherwise 
        vulnerable because of scarcity of available affordable housing 
        in the neighborhood, and have little or no means of paying 
        additional rent from personal income, putting at risk what have 
        been their homes for almost a quarter of a century; and
            (7) the Federal Government should continue to work to 
        ensure that those least able to provide for themselves enjoy 
        the protection and welfare of the people of the United States.
    (b) Purpose.--The purpose of this title is to protect seniors, 
persons with disabilities, and other vulnerable residents of affordable 
housing and to help provide those residents with peace of mind and 
security for living--
            (1) by providing greater rental assistance flexibility to 
        ensure that vulnerable populations are not forced to move from 
        their homes when rent levels rise; and
            (2) where appropriate, by encouraging private owners of 
        affordable housing developments to continue serving low-income 
        families by providing appropriate levels of Federal resources, 
        by allowing greater flexibility for refinancing, and by 
        ensuring more effective administration by the Federal 
        Government of rental assistance contract renegotiations.

SEC. 402. RENEWAL OF EXPIRING CONTRACTS AND ENHANCED VOUCHERS FOR 
              PROJECT RESIDENTS.

    (a) In General.--Section 524 of the Multifamily Assisted Housing 
Reform and Affordability Act of 1997 (42 U.S.C. 1437f note) is amended 
to read as follows:

``SEC. 524. RENEWAL OF EXPIRING PROJECT-BASED SECTION 8 CONTRACTS.

    ``(a) In General.--
            ``(1) Renewal.--Subject to paragraph (2), upon termination 
        or expiration of a contract for project-based assistance under 
        section 8 for a multifamily housing project (and 
        notwithstanding section 8(v) of the United States Housing Act 
        of 1937 for loan management assistance), the Secretary shall, 
        at the request of the owner of the project and to the extent 
        sufficient amounts are made available in appropriation Acts, 
        use amounts available for the renewal of assistance under 
        section 8 of such Act to provide such assistance for the 
        project. The assistance shall be provided under a contract 
        having such terms and conditions as the Secretary considers 
        appropriate, subject to the requirements of this section. This 
        section shall not require contract renewal for a project that 
        is eligible under this subtitle for a mortgage restructuring 
        and rental assistance sufficiency plan, if there is no approved 
        plan for the project and the Secretary determines that such an 
        approved plan is necessary.
            ``(2) Prohibition on renewal.--Notwithstanding part 24 of 
        title 24 of the Code of Federal Regulations, the Secretary may 
        elect not to renew assistance for a project otherwise required 
        to be renewed under paragraph (1) or provide comparable 
        benefits under paragraph (1) or (2) of subsection (e) for a 
        project described in either such paragraph, if the Secretary 
        determines that a violation under paragraph (1) through (4) of 
        section 516(a) has occurred with respect to the project. For 
        purposes of such a determination, the provisions of section 516 
        shall apply to a project under this section in the same manner 
        and to the same extent that the provisions of such section 
        apply to eligible multifamily housing projects, except that the 
        Secretary shall make the determination under section 516(a)(4).
            ``(3) Contract term for mark-up-to-market contracts.--In 
        the case of an expiring or terminating contract that has rent 
        levels less than comparable market rents for the market area, 
        if the rent levels under the renewal contract under this 
        section are equal to comparable market rents for the market 
        area, the contract shall have a term of not less than 5 years, 
        subject to the availability of sufficient amounts in 
        appropriation Acts.
            ``(4) Renewal rents.--Except as provided in subsection (b), 
        the contract for assistance shall provide assistance at the 
        following rent levels:
                    ``(A) Market rents.--At the request of the owner of 
                the project, at rent levels equal to the lesser of 
                comparable market rents for the market area or 150 
                percent of the fair market rents, in the case only of a 
                project that--
                            ``(i) has rent levels under the expiring or 
                        terminating contract that do not exceed such 
                        comparable market rents;
                            ``(ii) does not have a low- and moderate-
                        income use restriction that can not be 
                        eliminated by unilateral action by the owner;
                            ``(iii) is decent, safe, and sanitary 
                        housing, as determined by the Secretary;
                            ``(iv) is not--
                                    ``(I) owned by a nonprofit entity;
                                    ``(II) subject to a contract for 
                                moderate rehabilitation assistance 
                                under section 8(e)(2) of the United 
                                States Housing Act of 1937, as in 
                                effect before October 1, 1991; or
                                    ``(III) a project for which the 
                                public housing agency provided voucher 
                                assistance to one or more of the 
                                tenants after the owner has provided 
                                notice of termination of the contract 
                                covering the tenant's unit; and
                            ``(v) has units assisted under the contract 
                        for which the comparable market rent exceeds 
                        110 percent of the fair market rent.
                The Secretary may adjust the percentages of fair market 
                rent (as specified in the matter preceding clause (i) 
                and in clause (v)), but only upon a determination and 
                written notification to the Congress within 10 days of 
                making such determination, that such adjustment is 
                necessary to ensure that this subparagraph covers 
                projects with a high risk of nonrenewal of expiring 
                contracts for project-based assistance.
                    ``(B) Reduction to market rents.--In the case of a 
                project that has rent levels under the expiring or 
                terminating contract that exceed comparable market 
                rents for the market area, at rent levels equal to such 
                comparable market rents.
                    ``(C) Rents not exceeding market rents.--In the 
                case of a project that is not subject to subparagraph 
                (A) or (B), at rent levels that--
                            ``(i) are not less than the existing rents 
                        under the terminated or expiring contract, as 
                        adjusted by an operating cost adjustment factor 
                        established by the Secretary (which shall not 
                        result in a negative adjustment), if such 
                        adjusted rents do not exceed comparable market 
                        rents for the market area; and
                            ``(ii) do not exceed comparable market 
                        rents for the market area.
                In determining the rent level for a contract under this 
                subparagraph, the Secretary shall approve rents 
                sufficient to cover budget-based cost increases and 
                shall give greater consideration to providing rent at a 
                level up to comparable market rents for the market area 
                based on the number of the criteria under clauses (i) 
                through (iv) of subparagraph (D) that the project 
                meets.
                    ``(D) Waiver of 150 percent limitation.--
                Notwithstanding subparagraph (A), at rent levels up to 
                comparable market rents for the market area, in the 
                case of a project that meets the requirements under 
                clauses (i) through (v) of subparagraph (A) and--
                            ``(i) has residents who are a particularly 
                        vulnerable population, as demonstrated by a 
                        high percentage of units being rented to 
                        elderly families, disabled families, or large 
                        families;
                            ``(ii) is located in an area in which 
                        tenant-based assistance would be difficult to 
                        use, as demonstrated by a low vacancy rate for 
                        affordable housing, a high turnback rate for 
                        vouchers, or a lack of comparable rental 
                        housing;
                            ``(iii) is a high priority for the local 
                        community, as demonstrated by a contribution of 
                        State or local funds to the property; or
                            ``(iv) is primarily occupied by elderly or 
                        disabled families.
                In determining the rent level for a contract under this 
                subparagraph, the Secretary shall approve rents 
                sufficient to cover budget-based cost increases and 
                shall give greater consideration to providing rent at a 
                level up to comparable market rents for the market area 
                based on the number of the criteria under clauses (i) 
                through (iv) that the project meets.
            ``(5) Comparable market rents and comparison with fair 
        market rents.--The Secretary shall prescribe the method for 
        determining comparable market rent by comparison with rents 
        charged for comparable properties (as such term is defined in 
        section 512), which may include appropriate adjustments for 
        utility allowances and adjustments to reflect the value of any 
        subsidy (other than section 8 assistance) provided by the 
        Department of Housing and Urban Development.
    ``(b) Exception Rents.--
            ``(1) Renewal.--In the case of a multifamily housing 
        project described in paragraph (2), pursuant to the request of 
        the owner of the project, the contract for assistance for the 
        project pursuant to subsection (a) shall provide assistance at 
        the lesser of following rent levels:
                    ``(A) Adjusted existing rents.--The existing rents 
                under the expiring contract, as adjusted by an 
                operating cost adjustment factor established by the 
                Secretary (which shall not result in a negative 
                adjustment).
                    ``(B) Budget-based rents.--Subject to a 
                determination by the Secretary that a rent level under 
                this subparagraph is appropriate for a project, a rent 
                level that provides income sufficient to support a 
                budget-based rent (including a budget-based rent 
                adjustment if justified by reasonable and expected 
                operating expenses).
            ``(2) Projects covered.--A multifamily housing project 
        described in this paragraph is an multifamily housing project 
        that--
                    ``(A) is not an eligible multifamily housing 
                project under section 512(2); or
                    ``(B) is exempt from mortgage restructuring under 
                this subtitle pursuant to section 514(h).
    ``(c) Rent Adjustments After Renewal of Contract.--
            ``(1) Required.--After the initial renewal of a contract 
        for assistance under section 8 of the United States Housing Act 
        of 1937 pursuant to subsection (a), (b), or (e)(2), the 
        Secretary shall annually adjust the rents using an operating 
        cost adjustment factor established by the Secretary (which 
        shall not result in a negative adjustment) or, upon the request 
        of the owner and subject to approval of the Secretary, on a 
        budget basis. In the case of projects with contracts renewed 
        pursuant to subsection (a) or pursuant to subsection (e)(2) at 
        rent levels equal to comparable market rents for the market 
        area, at the expiration of each 5-year period, the Secretary 
        shall compare existing rents with comparable market rents for 
        the market area and may make any adjustments in the rent 
        necessary to maintain the contract rents at a level not greater 
        than comparable market rents or to increase rents to comparable 
        market rents.
            ``(2) Discretionary.--In addition to review and adjustment 
        required under paragraph (1), in the case of projects with 
        contracts renewed pursuant to subsection (a) or pursuant to 
        subsection (e)(2) at rent levels equal to comparable market 
        rents for the market area, the Secretary may, at the discretion 
        of the Secretary but only once within each 5-year period 
        referred to in paragraph (1), conduct a comparison of rents for 
        a project and adjust the rents accordingly to maintain the 
        contract rents at a level not greater than comparable market 
        rents or to increase rents to comparable market rents.
    ``(d) Enhanced Vouchers Upon Contract Expiration.--
            ``(1) In general.--In the case of a contract for project-
        based assistance under section 8 for a covered project that is 
        not renewed under subsection (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 this 
        subsection 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) Enhanced assistance.--Enhanced voucher assistance 
        under this subsection for a family shall be voucher assistance 
        under section 8(o) of the United States Housing Act of 1937 (42 
        U.S.C. 1437f(o)), except that under such enhanced voucher 
        assistance--
                    ``(A) during any period that the assisted family 
                continues residing in the covered project in which the 
                family was residing on the date of the expiration of 
                such contract and the rent for the dwelling unit of the 
                family in such project exceeds the applicable payment 
                standard established pursuant to section 8(o) for the 
                unit, the amount of rental assistance provided on 
                behalf 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 such section 
                8(o); and
                    ``(B) subparagraph (A) of this paragraph shall not 
                apply and the payment standard for the dwelling unit 
                occupied by the family shall be determined in 
                accordance with section 8(o) if--
                            ``(i) the assisted family moves, at any 
                        time, from such covered 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 pursuant to paragraph (1).
            ``(3) 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 four dwelling 
                        units;
                            ``(ii) is covered in whole or in part by a 
                        contract for project-based assistance under--
                                    ``(I) 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. 1715l note) or the 
        Low-Income Housing Preservation and Resident Homeownership Act 
        of 1990 (12 U.S.C. 4101 et seq.), to the extent sufficient 
        amounts are 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 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.
            ``(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.--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 project assisted under a contract for 
rental assistance renewed under any provision of this section to the 
owner of the project. 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) Rule of Construction.--Expiring contracts for moderate 
rehabilitation assistance under section 8(e)(2) of the United States 
Housing Act of 1937, as in effect before October 1, 1991, shall be 
subject to renewal under the provisions of this section and such 
renewal contract may not be considered, construed, or administered as 
providing moderate rehabilitation assistance under such section 
8(e)(2), except that the Secretary may provide such assistance in a 
manner, and subject to such rules and procedures, as the Secretary may 
designate. If the owner of a project with such an expiring contract 
requests renewal of the contract, the Secretary shall renew the 
expiring contract, subject to the provisions of this section, within 6 
months of the date of such expiration, notwithstanding whether any 
tenant-based rental assistance has been provided to tenants of the 
project. This subsection shall apply to projects with contracts 
expiring before, on, or after the date of the enactment of this 
section.
    ``(h) 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. 1437f) 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. 403. SECTION 236 ASSISTANCE.

    (a) Continued Receipt of Subsidies Upon Refinancing.--Section 
236(e) of the National Housing Act (12 U.S.C. 1715z-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 low-income 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.''.
    (b) Retention of Excess Income.--Section 236(g) of the National 
Housing Act (12 U.S.C. 1715z-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 use shall be for project use and upon terms and conditions 
established by the Secretary.
    ``(3) The authority under paragraph (2) to retain and use excess 
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 project with a 
                        mortgage insured under this section, or 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(f) 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 Act.''.
    (c) Previously Owed Excess Income.--Section 236(g) of the National 
Housing Act (12 U.S.C. 1715z-1(g)), as amended by subsection (b) of 
this section, is further amended by adding at the end the following new 
paragraph:
    ``(4) The Secretary shall not withhold approval of the retention by 
the owner of such excess charges because of the existence of unpaid 
excess charges if such unpaid amount is being remitted to the Secretary 
over a period of time in accordance with a workout agreement with the 
Secretary, unless the Secretary determines that the owner is in 
violation of the workout agreement.''.
    (d) Flexibility Regarding Basic Rents and Market Rents.--Section 
236(f) of the National Housing Act (12 U.S.C. 1715z-1(f)(1)) is amended 
by striking the subsection designation and all that follows through the 
end of paragraph (1) and inserting the following:
    ``(f)(1)(A)(i) For each dwelling unit there shall be established, 
with the approval of the Secretary, a basic rental charge and fair 
market rental charge.
    ``(ii) The basic rental charge shall be--
            ``(I) the amount needed to operate the project with 
        payments of principal and interest due under a mortgage bearing 
        interest at the rate of 1 percent per annum; or
            ``(II) an amount greater than that determined under clause 
        (ii)(I), but not greater than the market rent for a comparable 
        unassisted unit, reduced by the value of the interest reduction 
        payments subsidy.
    ``(iii) The fair market rental charge shall be--
            ``(I) the amount needed to operate the project with 
        payments of principal, interest, and mortgage insurance premium 
        which the mortgagor is obligated to pay under the mortgage 
        covering the project; or
            ``(II) an amount greater than that determined under clause 
        (iii)(I), but not greater than the market rent for a comparable 
        unassisted unit.
    ``(iv) The Secretary may approve a basic rental charge and fair 
market rental charge for a unit that exceeds the minimum amounts 
permitted by this subparagraph for such charges only if--
            ``(I) the approved basic rental charge and fair market 
        rental charges each exceed the applicable minimum charge by the 
        same amount; and
            ``(II) the project owner agrees to restrictions on project 
        use or mortgage prepayment that are acceptable to the 
        Secretary.
    ``(v) The Secretary may approve a basic rental charge and fair 
market rental charge under this paragraph for a unit with assistance 
under section 8 of the United States Housing Act of 1937 (42 U.S.C. 
1437f) that differs from the basic rental charge and fair market rental 
charge for a unit in the same project that is similar in size and 
amenities but without such assistance, as needed to ensure equitable 
treatment of tenants in units without such assistance.
    ``(B)(i) The rental charge for each dwelling unit shall be at the 
basic rental charge or such greater amount, not exceeding the fair 
market rental charge determined pursuant to subparagraph (A), as 
represents 30 percent of the tenant's adjusted income, except as 
otherwise provided in this subparagraph.
    ``(ii) In the case of a project which contains more than 5000 
units, is subject to an interest reduction payments contract, and is 
financed under a State or local project, the Secretary may reduce the 
rental charge ceiling, but in no case shall the rental charge be below 
the basic rental charge set forth in subparagraph (A)(ii)(I).
    ``(iii) For plans of action approved for capital grants under the 
Low-Income Housing Preservation and Resident Homeownership Act of 1990 
or the Emergency Low Income Housing Preservation Act of 1987, the 
rental charge for each dwelling unit shall be at the minimum basic 
rental charge set forth in subparagraph (A)(ii)(I) or such greater 
amount, not exceeding the lower of (I) the fair market rental charge 
set forth in subparagraph (A)(iii)(I), or (II) the actual rent paid for 
a comparable unit in comparable unassisted housing in the market area 
in which the housing assisted under this section is located, as 
represents 30 percent of the tenant's adjusted income.
    ``(C) With respect to those projects which the Secretary determines 
have separate utility metering paid by the tenants for some or all 
dwelling units, the Secretary may--
            ``(i) permit the basic rental charge and the fair market 
        rental charge to be determined on the basis of operating the 
        project without the payment of the cost of utility services 
        used by such dwelling units; and
            ``(ii) permit the charging of a rental for such dwelling 
        units at such an amount less than 30 percent of a tenant's 
        adjusted income as the Secretary determines represents a 
        proportionate decrease for the utility charges to be paid by 
        such tenant, but in no case shall rental be lower than 25 
        percent of a tenant's adjusted income.''.
    (e) Effective Date of 1998 Provisions.--Section 236(g) of the 
National Housing Act (12 U.S.C. 1715z-1(g)), as amended by section 227 
of the Departments of Veterans Affairs and Housing and Urban 
Development, and Independent Agencies Appropriations Act, 1999 (Public 
Law 105-276; 112 Stat. 2490) shall be effective on the date of the 
enactment of such Public Law 105-276, and any excess rental charges 
referred to in such section that have been collected since such date of 
enactment with respect to projects with mortgages insured under section 
207 of the National Housing Act (12 U.S.C. 1713) may be retained by the 
project owner unless the Secretary of Housing and Urban Development 
specifically provides otherwise. The Secretary may return any excess 
charges remitted to the Secretary since such date of the enactment.
    (f) Effective Date.--This section shall take effect, and the 
amendments made by this section are made and shall apply, on the date 
of the enactment of this Act.

SEC. 404. MATCHING GRANT PROGRAM FOR AFFORDABLE HOUSING PRESERVATION.

    (a) Amendment to Low-Income Housing Preservation and Resident 
Homeownership Act of 1990.--Title II of the Housing and Community 
Development Act of 1987 (12 U.S.C. 4101 et seq.) is amended--
            (1) by striking subtitles C and D (as enacted by Public Law 
        100-242; 101 Stat. 1886); and
            (2) by adding at the end the following new subtitle:

                ``Subtitle D--Matching Grants for States

``SEC. 261. AUTHORITY.

    ``The Secretary of Housing and Urban Development shall, to the 
extent amounts are made available pursuant to section 269, make grants 
under this subtitle to States and qualified units of general local 
government for low-income housing preservation.

``SEC. 262. USE OF GRANTS.

    ``(a) In General.--Amounts from grants under this subtitle may be 
used only for assistance for acquisition, preservation incentives, 
operating costs, and capital expenditures for a housing project that--
            ``(1) is at risk of loss for use as affordable housing;
            ``(2)(A) is primarily occupied by elderly or disabled 
        families;
            ``(B) contains one or more dwelling units with three or 
        more bedrooms that are occupied by large families;
            ``(C) is located in a rural area with an inadequate supply 
        of comparable housing, as determined by the Secretary; or
            ``(D) is located in a neighborhood or area--
                            ``(i) that is geographically smaller than a 
                        market area; and
                            ``(ii) within which, in the determination 
                        of the Secretary, rental assistance vouchers 
                        would be difficult to use, as demonstrated by a 
                        low vacancy rate for affordable housing, a high 
                        turnback rate for such vouchers, or a lack of 
                        comparable rental housing;
            ``(3) meets the requirements under subsection (b), (c), or 
        (d); and
            ``(4) is subject to such binding commitments as the 
        Secretary shall require (which shall be applicable to any 
        subsequent owner) to ensure that the low-income affordability 
        restrictions for the project in connection with Federal 
        assistance for the project have been extended for the full 
        period applicable under the terms of assistance for the 
        project, but in no case for a period shorter than 5 years.
    ``(b) Projects With Federally Assisted Mortgages.--A project meets 
the requirements under this subsection only if--
            ``(1) the project is financed by a loan or mortgage that 
        is--
                    ``(A) insured or held by the Secretary under 
                section 221(d)(3) of the National Housing Act and 
                receiving loan management assistance under section 8 of 
                the United States Housing Act of 1937 due to a 
                conversion from section 101 of the Housing and Urban 
                Development Act of 1965;
                    ``(B) insured or held by the Secretary and bears 
                interest at a rate determined under the proviso of 
                section 221(d)(5) of the National Housing Act;
                    ``(C) insured, assisted, or held by the Secretary 
                or a State or State agency under section 236 of the 
                National Housing Act;
                    ``(D) held by the Secretary and formerly insured 
                under a program referred to in subparagraph (A), (B), 
                or (C); or
                    ``(E) insured or held by the Secretary of 
                Agriculture under section 514 or 515 of the Housing Act 
                of 1949; and
            ``(2) the project is subject to an unconditional waiver of, 
        with respect to the remaining term of the mortgage referred to 
        in paragraph (1)--
                    ``(A) all rights to any prepayment of the mortgage; 
                and
                    ``(B) all rights to any voluntary termination of 
                the mortgage insurance contract for the mortgage or the 
                interest reduction payments contract, as applicable,
        except that such requirement shall not apply in the case of a 
        project that is subject to a binding agreement that ensures 
        that the project will continue to operate, at least until the 
        maturity date of the loan or mortgage, in a manner that will 
        provide rental housing on terms at least as advantageous to 
        existing and future tenants as the terms required by the 
        program under which the loan or mortgage was made or insured 
        prior to the proposed prepayment or termination.
    ``(c) Projects With Section 8 Project-Based Assistance.--A project 
meets the requirements under this subsection only if--
            ``(1) the project is subject to a contract for project-
        based assistance; and
            ``(2) the owner of the project has entered into binding 
        commitments (applicable to any subsequent owner) to extend such 
        assistance (subject to the availability of amounts for such 
        purpose) for a minimum of 5 years, or longer, as the Secretary 
        may prescribe under this section.
    ``(d) Projects Purchased By Residents.--A project meets the 
requirements under this subsection only if the project--
            ``(1) is or was eligible low-income housing (as such term 
        is defined in section 229 (42 U.S.C. 4119)); and
            ``(2) has been purchased by a resident council for the 
        housing or is approved by the Secretary for such purchase, for 
        conversion to homeownership housing under a resident 
        homeownership program meeting the requirements under section 
        226 (12 U.S.C. 4116).
    ``(e) Combination of Assistance.--Notwithstanding subsection (a), 
any project that is otherwise eligible for assistance with grant 
amounts provided under this subtitle because the project meets the 
requirements under subsection (b) or (c) and that also meets the 
requirements under paragraph (1) of the other of such subsections, 
shall be eligible for such assistance only if the project complies with 
all of the requirements under such other subsection.

``SEC. 263. GRANT AMOUNT LIMITATION.

    ``The Secretary shall limit the portion of the aggregate amount of 
grants under this subtitle made available for any fiscal year that may 
be provided to a single State or qualified unit of general local 
government based upon the proportion of such State's or unit's need (as 
determined by the Secretary) for such assistance to the aggregate need 
among all States and qualified units of general local government 
approved for such assistance for such fiscal year.

``SEC. 264. MATCHING REQUIREMENT.

    ``(a) In General.--The Secretary may not make a grant under this 
subtitle to any State or qualified unit of general local government for 
any fiscal year in a total amount that exceeds the sum of the following 
amounts:
            ``(1) 100 percent of the amount that the State or qualified 
        unit of general local government certifies, as the Secretary 
        shall require, that the State or qualified unit will contribute 
        for such fiscal year, or has contributed since January 1, 1999, 
        for the purposes under section 262(a).
            ``(2) 50 percent of the amount that the State or qualified 
        unit of general local government certifies will be or have been 
        so contributed from Federal sources.
    ``(b) Treatment of Previous Contributions.--Any portion of amounts 
contributed after January 1, 1999, that are counted for purposes of 
meeting the applicable requirement under subsection (a) for a fiscal 
year may not be counted for such purposes for any subsequent fiscal 
year.
    ``(c) Treatment of Tax Credits.--Tax credits provided under section 
42 of the Internal Revenue Code of 1986 and proceeds from the sale of 
tax-exempt revenue bonds, by any State, county, or local government 
entity, which are subject to volume limitation under Federal law, shall 
not be considered non-Federal sources for purposes of this section.

``SEC. 265. TREATMENT OF SUBSIDY LAYERING REQUIREMENTS.

    ``Neither section 264 nor any other provision of this subtitle may 
be construed to prevent the use of tax credits provided under section 
42 of the Internal Revenue Code of 1986 in connection with housing 
assisted with grant amounts provided under this subtitle, to the extent 
that such use is in accordance with section 102(d) of the Department of 
Housing and Urban Development Reform Act of 1989 (42 U.S.C. 3545(d)) 
and section 911 of the Housing and Community Development Act of 1992 
(42 U.S.C. 3545 note).

``SEC. 266. APPLICATIONS AND PREFERENCE.

    ``(a) Applications.--The Secretary shall provide for States and 
units of general local government (through appropriate State and local 
government agencies, including State and local housing finance 
agencies) to submit applications for grants under this subtitle. The 
Secretary shall require the applications to contain any information and 
certifications necessary for the Secretary to determine whether the 
State or unit of general local government is eligible to receive such a 
grant.
    ``(b) Preference.--In making grants under this subtitle during 
fiscal years 2001 and thereafter, the Secretary shall give preference--
            ``(1) among applications otherwise having equal merit for 
        funding under this subtitle, to funding applications for 
        eligible States, and qualified units of general local 
        government located in States, that have not previously received 
        a grant under this subtitle; and
            ``(2) to grants for eligible housing projects that are 
        subject to such binding commitments as the Secretary may 
        require to ensure that the project will be sold or transferred 
        to an owner that is a nonprofit organization.

``SEC. 267. DEFINITIONS.

    ``For purposes of this subtitle, the following definitions shall 
apply:
            ``(1) Low-income affordability restrictions.--The term 
        `low-income affordability restrictions' has the meaning given 
        such term in section 229.
            ``(2) Project-based assistance.--The term `project-based 
        assistance' has the meaning given such term in section 16(c) of 
        the United States Housing Act of 1937 (42 U.S.C. 1437n(c)), 
        except that such term includes assistance under any successor 
        programs to the programs referred to in such section.
            ``(3) Qualified unit of general local government.--The term 
        `qualified unit of general local government' means, with 
        respect to a fiscal year, a unit of general local government 
        that is located within a State that--
                    ``(A) has not applied, and has indicated (in 
                accordance with such requirements as the Secretary 
                shall establish) that it will not apply, to the 
                Secretary for a grant under this subtitle for the 
                fiscal year; or
                    ``(B) has been determined by the Secretary not to 
                be eligible for a grant under this subtitle for the 
                fiscal year.
            ``(4) Secretary.--The term `Secretary' means the Secretary 
        of Housing and Urban Development.
            ``(5) State.--The term `State' means the States of the 
        United States, the District of Columbia, the Commonwealth of 
        Puerto Rico, the Commonwealth of the Northern Mariana Islands, 
        Guam, the Virgin Islands, American Samoa, and any other 
        territory or possession of the United States.
            ``(6) Unit of general local government.--The term `unit of 
        general local government' has the meaning given such term in 
        section 102 of the Housing and Community Development Act of 
        1974 (42 U.S.C. 5302).

``SEC. 268. REGULATIONS.

    ``The Secretary may issue any regulations necessary to carry out 
this subtitle.

``SEC. 269. AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated for grants under this 
subtitle such sums as may be necessary for each of fiscal years, 2000, 
2001, and 2002.''.
    (b) Rule of Construction.--The amendment made by subsection (a)(1) 
of this section (relating to striking subtitles C and D of title II of 
the Housing and Community Development Act of 1987) may not be construed 
to repeal or otherwise affect any provision of law that was amended by 
such subtitles.

SEC. 405. REHABILITATION OF ASSISTED HOUSING.

    (a) Rehabilitation Loans From Recaptured IRP Amounts.--Section 
236(s) of the National Housing Act (12 U.S.C. 1715z-1) is amended--
            (1) by striking the subsection designation and heading and 
        inserting the following:
    ``(s) Grants and Loans for Rehabilitation of Multifamily 
Projects.--'';
            (2) in paragraph (1), by inserting ``and loans'' after 
        ``grants'';
            (3) in paragraph (2)--
                    (A) in the matter preceding subparagraph (A), by 
                striking ``capital grant assistance under this 
                subsection'' and inserting ``capital assistance under 
                this subsection under a grant or loan only''; and
                    (B) in subparagraph (D)(i), by striking ``capital 
                grant assistance'' and inserting ``capital assistance 
                under this subsection from a grant or loan (as 
                appropriate)'';
            (4) in paragraph (3), by striking all of the matter that 
        precedes subparagraph (A) and inserting the following:
            ``(3) Eligible uses.--Amounts from a grant or loan under 
        this subsection may be used only for projects eligible under 
        paragraph (2) for the purposes of--'';
            (5) in paragraph (4)--
                    (A) by striking the paragraph heading and inserting 
                ``Grant and loan agreements''; and
                    (B) by inserting ``or loan'' after ``grant'', each 
                place it appears;
            (6) in paragraph (5), by inserting ``or loan'' after 
        ``grant'', each place it appears;
            (7) in paragraph (6), as amended by the preceding 
        provisions of this Act, by adding at the end the following new 
        subparagraph:
                    ``(D) Loans.--In making loans under this subsection 
                using the amounts that the Secretary has recaptured 
                from contracts for interest reduction payments pursuant 
                to clause (i) or (ii) of paragraph (7)(A)--
                            ``(i) the Secretary may use such recaptured 
                        amounts for costs (as such term is defined in 
                        section 502 of the Congressional Budget Act of 
                        1974) of such loans;
                            ``(ii) the Secretary may make loans in any 
                        fiscal year only to the extent or in such 
                        amounts that amounts are used under clause (i) 
                        to cover costs of such loans; and
                            ``(iii) the authority of the Secretary to 
                        enter into commitments to make such loans shall 
                        be effective for any fiscal year only to the 
                        extent that: (I) there is enacted in advance, 
                        in an appropriations Act, a maximum limitation 
                        on the aggregate principal amount of such 
                        commitments for such fiscal year; and (II) the 
                        aggregate principal amount of such commitments 
                        entered into by the Secretary does not exceed 
                        such maximum amount.'';
            (8) by redesignating paragraphs (5) and (6) (as amended by 
        the preceding provisions of this subsection) as paragraphs (6) 
        and (7); and
            (9) by inserting after paragraph (4) the following new 
        paragraph:
            ``(5) Loan terms.--A loan under this subsection--
                    ``(A) shall provide amounts for the eligible uses 
                under paragraph (3) in a single loan disbursement of 
                loan principal;
                    ``(B) shall be repaid, as to principal and 
                interest, on behalf of the borrower using amounts 
                recaptured from contracts for interest reduction 
                payments pursuant to clause (i) or (ii) of paragraph 
                (7)(A);
                    ``(C) shall have a term to maturity of a duration 
                not shorter than the remaining period for which the 
                interest reduction payments for the insured mortgage or 
                mortgages that fund repayment of the loan would have 
                continued after extinguishment or writedown of the 
                mortgage (in accordance with the terms of such mortgage 
                in effect immediately before such extinguishment or 
                writedown);
                    ``(D) shall bear interest at a rate, as determined 
                by the Secretary of the Treasury, that is based upon 
                the current market yields on outstanding marketable 
                obligations of the United States having comparable 
                maturities; and
                    ``(E) shall involve a principal obligation of an 
                amount not exceeding the amount that can be repaid 
                using amounts described in subparagraph (B) over the 
                term determined in accordance with subparagraph (C), 
                with interest at the rate determined under subparagraph 
                (D).''.
    (b) Eligibility of Noninsured Projects for IRP Capital Grants.--
Section 236(s)(2) of the National Housing Act (12 U.S.C. 1715z-
1(s)(2)(A)) is amended by striking subparagraph (A) and inserting the 
following new subparagraph:
                    ``(A) if the project is federally assisted housing 
                described in subparagraph (B), (C), (D), (E), (F) or 
                (G) of section 683(2) of the Housing and Community 
                Development Act of 1992 (42 U.S.C. 13641(2));''.
    (c) IRP Capital Grants Requirement for Extension of Low-Income 
Affordability Requirements.--Section 236(s) of the National Housing Act 
(12 U.S.C. 1715z-1(s)) is amended--
            (1) in paragraph (2)--
                    (A) by redesignating subparagraphs (C) and (D), as 
                amended by the preceding provisions of this section, as 
                subparagraphs (D) and (E), respectively; and
                    (B) by inserting after subparagraph (B) the 
                following new subparagraph:
                    ``(C) 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 low-income 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 period referred to 
                in paragraph (5)(C);''; and
            (2) in paragraph (4)(B), by inserting ``and consistent with 
        paragraph (2)(C)'' before the period at the end.

SEC. 406. TECHNICAL ASSISTANCE.

    Section 514(f)(3) of the Multifamily Assisted Housing Reform and 
Affordability Act of 1997 (42 U.S.C. 1437f note) is amended by 
inserting after ``new owners)'' the following: ``, for technical 
assistance for preservation of low-income housing for which project-
based rental assistance is provided at below market rent levels and may 
not be renewed (including transfer of developments to tenant groups, 
nonprofit organizations, and public entities),''.

SEC. 407. TERMINATION OF SECTION 8 CONTRACT AND DURATION OF RENEWAL 
              CONTRACT.

    Section 8(c)(8) of the United States Housing Act of 1937 (42 U.S.C. 
1437f(c)(8)) is amended--
            (1) in subparagraph (A)--
                    (A) by striking ``terminating'' and inserting 
                ``termination of''; and
                    (B) by striking the third comma of the first 
                sentence and all that follows through the end of the 
                subparagraph and inserting the following: ``. 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-day'' each place it appears;
                    (D) by striking ``such period'' and inserting ``one 
                year''; and
                    (E) by striking ``180 days'' and 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. 408. ENHANCED VOUCHER ELIGIBILITY AND BENEFITS.

    (a) Eligibility of Residents of Flexible Subsidy Projects.--Section 
201 of the Housing and Community Development Amendments of 1978 (12 
U.S.C. 1715z-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 
in accordance with 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) and pursuant to such provision or any 
other subsequently enacted provision of law.''.
    (b) Effect of Rental Increases on Other Enhanced Vouchers.--To the 
extent that amounts are provided in advance in appropriations Acts for 
enhanced vouchers (including amendments and renewals) pursuant to the 
authority under the heading ``Preserving Existing Housing Investment'' 
in the Departments of Veterans Affairs and Housing and Urban 
Development, and Independent Agencies Appropriations Act, 1997 (Public 
Law 104-204; 110 Stat. 2884), each family receiving such enhanced 
voucher assistance after the date of prepayment or voluntary 
termination which continues to reside in the housing occupied on the 
date of prepayment or voluntary termination and the rent of which, 
absent enhanced voucher assistance, would exceed the greater of 30 
percent of adjusted income or the rent paid by the family on such date, 
may continue to receive such enhanced voucher assistance indefinitely, 
subject to other requirements of that authority, as amended: Provided, 
That rent resulting from rent increases occurring later than 1 year 
after the date of prepayment or voluntary termination may be used to 
increase the applicable payment standard: Provided further, That the 
rent for the dwelling unit is reasonable in comparison to the rent 
charged for comparable dwelling units in the private, unassisted local 
market.

SEC. 409. 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. 1715z-11a) is amended--
            (1) by striking ``and 1999'' and 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. 410. ASSISTANCE FOR NONPROFIT PURCHASERS PRESERVING AFFORDABLE 
              HOUSING.

    (a) Congressional Findings.--The Congress finds that--
            (1) a substantial number of existing federally assisted or 
        federally insured multifamily properties are at risk of being 
        lost from the affordable housing inventory of the Nation 
        through market rate conversion, deterioration, or demolition;
            (2) it is in the interests of the Nation to encourage 
        transfer of control of such properties to competent national, 
        regional, and local nonprofit entities and intermediaries whose 
        missions involve maintaining the affordability of such 
        properties;
            (3) such transfers may be inhibited by a shortage of such 
        entities that are appropriately capitalized; and
            (4) the Nation would be well served by providing assistance 
        to such entities to aid in accomplishing this purpose.
    (b) Grants.--The Secretary of Housing and Urban Development may 
make grants, to the extent amounts are made available for such grants, 
to eligible entities under subsection (c) for use only for operational, 
working capital, and organizational expenses of such entities and 
activities by such entities to acquire eligible affordable housing for 
the purpose of ensuring that the housing will remain affordable, as the 
Secretary considers appropriate, for low-income or very low-income 
families (including elderly persons).
    (c) Eligible Entities.--The Secretary shall establish standards for 
eligible entities under this subsection, which shall include 
requirements that to be considered an eligible entity for purposes of 
this section an entity shall--
            (1) be a nonprofit organization (as such term is defined in 
        104 of the Cranston-Gonzalez National Affordable Housing Act);
            (2) have among its purposes maintaining the affordability 
        to low-income or very low-income families of multifamily 
        properties that are at risk of loss from the inventory of 
        housing that is affordable to low-income or very low-income 
        families; and
            (3) demonstrate need for assistance under this section for 
        the purposes under subsection (b), experience in carrying out 
        activities referred to in such subsection, and capability to 
        carry out such activities.
    (d) Definitions.--For purposes of this section, the following 
definitions shall apply:
            (1) Eligible affordable housing.--The term ``eligible 
        affordable housing'' means housing that--
                    (A) consists of more than four dwelling units;
                    (B) is insured or assisted under a program of the 
                Department of Housing and Urban Development or the 
                Department of Agriculture under which the property is 
                subject to limitations on tenant rents, rent 
                contributions, or incomes; and
                    (C) is at risk, as determined by the Secretary, of 
                termination of any of the limitations referred to in 
                subparagraph (B).
            (2) Low-income families; very low-income families.--The 
        terms ``low-income families'' and very low-income families'' 
        have the meanings given such terms in section 3(b) of the 
        United States Housing Act of 1937.
    (e) Authorization of Appropriations.--There are authorized to be 
appropriated for grants under this section such sums as may be 
necessary for each of fiscal years 2000, 2001, and 2002.

TITLE V--MORTGAGE INSURANCE FOR HEALTH CARE FACILITIES AND HOME EQUITY 
                          CONVERSION MORTGAGES

SEC. 501. REHABILITATION OF EXISTING HOSPITALS, NURSING HOMES, AND 
              OTHER FACILITIES.

    Section 223(f) of the National Housing Act (12 U.S.C. 1715n(f)) is 
amended--
            (1) in paragraph (1), by inserting ``existing health care 
        facility,'' after ``existing board and care home,''; and
            (2) in paragraph (4)--
                    (A) by inserting ``existing health care facility,'' 
                after ``board and care home,'' each place it appears;
                    (B) in subparagraph (A), by inserting before the 
                semicolon at the end the following: ``, which 
                refinancing, in the case of a loan on a hospital, home, 
                or facility that is within 5 years of maturity, shall 
                include a mortgage made to prepay such loan;'';
                    (C) in subparagraph (B), by inserting after 
                ``indebtedness'' the following: ``, pay the costs of 
                any repairs, maintenance, improvements, or additional 
                equipment which may be approved by the Secretary,''; 
                and
                    (D) in subparagraph (D)--
                            (i) by inserting ``existing'' before 
                        ``intermediate care facility''; and
                            (ii) by inserting ``existing'' before 
                        ``board and care home''.

SEC. 502. NEW HEALTH CARE FACILITIES.

    Section 232 of the National Housing Act (12 U.S.C. 1715w) is 
amended--
            (1) in subsection (a), by adding at the end the following 
        new paragraph:
            ``(4) The development of health care facilities for the 
        care and treatment of the elderly and other persons in need of 
        health care and related services, but who are not acutely ill 
        and do not require hospital care, and the support of health 
        care facilities which provide such health care and related 
        services (including those which support hospitals, as defined 
        in section 242(b)).'';
            (2) in subsection (b)--
                    (A) in paragraph (4), by inserting after the first 
                period the following new sentence: ``Such term includes 
                a parity first mortgage or parity first deed of trust, 
                subject to such terms and conditions as the Secretary 
                may provide.'';
                    (B) in paragraph (6)--
                            (i) by striking subparagraph (A) and 
                        inserting the following new subparagraph:
                    ``(A) meets all licensing and regulatory 
                requirements of the State, or if there is no State law 
                providing for such licensing and regulation by the 
                State, meets all licensing and regulatory requirements 
                of the municipality or other political subdivision in 
                which the facility is located, or, in the absence of 
                any such requirements, meets any requirements of the 
                Secretary for such purposes;''; and
                            (ii) in subparagraph (C), by striking 
                        ``and'' at the end;
                    (C) in paragraph (7), by striking the period at the 
                end and inserting ``; and''; and
                    (D) by adding at the end the following new 
                paragraph:
            ``(8) the term `health care facility' means a facility--
                    ``(A) providing integrated health care delivery 
                services designed and operated to provide medical, 
                convalescent, skilled and intermediate nursing, board 
                and care services, assisted living, rehabilitation, 
                custodial, personal care services, or any combination 
                thereof;
                    ``(B) designed, in whole or in part, to provide a 
                continuum of care, as determined by the Secretary;
                    ``(C) providing clinical services, out patient 
                services, including community health services and 
                medical practice facilities and group practice 
                facilities to persons not in need of the services 
                rendered in other facilities insurable under this 
                title; or
                    ``(D)(i) designed, in whole or in part--
                            ``(I) to provide health care services which 
                        are not acute care in nature to persons 
                        (including the elderly and infirm); or
                            ``(II) to provide supportive or ancillary 
                        services to hospitals (as defined in section 
                        242(b)), which services may include services 
                        provided by special use health care facilities, 
                        professional office buildings, laboratories, 
                        administrative offices, and other facilities 
                        supportive or ancillary to health care 
                        delivery; and
                    ``(ii) that meet standards acceptable to the 
                Secretary, which may include standards governing 
                licensure or State or local approval and regulation of 
                a mortgagor; or
                    ``(E) that provides any combination of the services 
                under subparagraphs (a) through (D).'';
            (3) in subsection (d)--
                    (A) in the matter preceding paragraph (1)--
                            (i) by inserting ``board and care home,'' 
                        after ``rehabilitated nursing home,'';
                            (ii) by inserting ``health care facility,'' 
                        after ``assisted living facility,'' the first 
                        two places it appears;
                            (iii) by inserting ``board and care home,'' 
                        after ``existing nursing home,''; and
                            (iv) by striking ``or a board and care 
                        home'' and inserting ``, board and care home or 
                        health care facility'';
                    (B) in paragraph (2), in the matter preceding 
                subparagraph (A), by inserting after ``including'' the 
                following: ``or a public body, public agency, or public 
                corporation eligible under this section'';
                    (C) in paragraph (4)(A)--
                            (i) in the first sentence--
                                    (I) by inserting ``, and health 
                                care facilities which include such 
                                nursing home and intermediate care 
                                facilities,'' before ``, the 
                                Secretary'';
                                    (II) by inserting ``or the portion 
                                of a health care facility providing 
                                such services'' before ``covered by the 
                                mortgage,''; and
                                    (III) by inserting ``or for such 
                                nursing or intermediate care services 
                                within a health care facility'' before 
                                ``, and (ii)'';
                            (ii) in the second sentence, by inserting 
                        ``(which may be within a health care 
                        facility)'' after ``home and facility''; and
                            (iii) in the third sentence--
                                    (I) by striking ``mortgage under 
                                this section'' and all that follows 
                                through ``feasibility'' and inserting 
                                the following: ``such mortgage under 
                                this section unless (i) the proposed 
                                mortgagor or applicant for the mortgage 
                                insurance for the home or facility or 
                                combined home or facility, or the 
                                health care facility containing such 
                                services, has commissioned and paid for 
                                the preparation of an independent study 
                                of market need for the project'';
                                    (II) in clause (i)(II), by striking 
                                ``and its relationship to, other health 
                                care facilities and'' and inserting 
                                ``or such facilities within a health 
                                care facility, and its relationship to, 
                                other facilities providing health 
                                care'';
                                    (III) in clause (i)(IV), by 
                                striking ``in the event the State does 
                                not prepare the study,''; and
                                    (IV) in clause (i)(IV), by striking 
                                ``the State or'';
                            (iv) by striking the penultimate sentence 
                        and inserting the following new sentences: ``A 
                        study commissioned or undertaken by the State 
                        in which the facility will be located shall be 
                        considered to satisfy such market study 
                        requirement. The proposed mortgagor or 
                        applicant may reimburse the State for the cost 
                        of an independent study referred to in the 
                        preceding sentence.''; and
                            (v) in the last sentence--
                                    (I) by inserting ``the proposed 
                                mortgagor or applicant for mortgage 
                                insurance may obtain from'' after ``10 
                                individuals,'';
                                    (II) by striking ``may'' and 
                                inserting ``and''; and
                                    (III) by inserting a comma before 
                                ``written support''; and
                    (D) in paragraph (4)(C)(iii), by striking ``the 
                appropriate State'' and inserting ``any appropriate''; 
                and
            (4) in subsection (i)(1) by inserting ``health care 
        facilities,'' after ``assisted living facilities,''.

SEC. 503. HOSPITALS AND HOSPITAL-BASED HEALTH CARE FACILITIES.

    Section 242 of the National Housing Act (12 U.S.C. 1715z-7) is 
amended--
            (1) in subsection (b)--
                    (A) in paragraph (1)--
                            (i) in subparagraph (A), by inserting 
                        ``and'' after the semicolon at the end;
                            (ii) by striking subparagraph (B);
                            (iii) in subparagraph (C), by striking the 
                        period at the end and inserting ``; and''; and
                            (iv) by redesignating subparagraph (C) as 
                        subparagraph (B);
                    (B) in paragraph (2), by striking ``respectfully'' 
                and all that follows and inserting ``given such terms 
                in section 207(a), except that the term `mortgage' 
                shall include a parity first mortgage or parity first 
                deed of trust, subject to such terms and conditions as 
                the Secretary may provide.'; and
                    (C) by adding at the end the following new 
                paragraph:
            ``(3) the term `health care facility' has the meaning given 
        such term in section 232(b).'';
            (2) in subsection (d)--
                    (A) in the matter preceding paragraph (1), by 
                inserting after ``operation,'' the following: ``or 
                which covers a health care facility owned or to be 
                owned by an applicant or proposed mortgagor which also 
                owns a hospital, including equipment to be used in its 
                operation,'';
                    (B) in paragraph (1)--
                            (i) in the first sentence, by inserting 
                        before the period at the end the following: 
                        ``and who, in the case of a mortgage covering a 
                        health care facility, is also the owner of a 
                        hospital facility''; and
                            (ii) by adding at the end the following new 
                        sentence: ``A mortgage covering a health care 
                        facility may only cover the property on which 
                        the eligible facility will be located.'';
                    (C) in paragraph (2)(A) by inserting ``or health 
                care facility'' before the comma; and
                    (D) in paragraph (4)--
                            (i) in the first sentence, by inserting 
                        ``for a hospital'' after ``any mortgage'';
                            (ii) by striking the third sentence and 
                        inserting the following: ``If no such State 
                        agency exists, or if the State agency exists 
                        but is not empowered to provide a certification 
                        that there is a need for the hospital as set 
                        forth in clause (A) of the first sentence, the 
                        Secretary shall not insure any such mortgage 
                        under this section unless: (A) the proposed 
                        mortgagor or applicant for the hospital has 
                        commissioned and paid for the preparation of an 
                        independent study of market need for the 
                        proposed project that: (i) is prepared in 
                        accordance with the principles established by 
                        the Secretary, in consultation with the 
                        Secretary of Health and Human Services (to the 
                        extent the Secretary of Housing and Urban 
                        Development considers appropriate); (ii) 
                        assesses, on a marketwide basis, the impact of 
                        the proposed hospital on, and its relationship 
                        to, other facilities providing health care 
                        services, the percentage of excess beds, 
                        demographic projections, alternative health 
                        care delivery systems, and the reimbursement 
                        structure of the hospital; (iii) is addressed 
                        to and is acceptable to the Secretary in form 
                        and substance; and (iv) is prepared by a 
                        financial consultant selected by the proposed 
                        mortgagor or applicant and approved by the 
                        Secretary; and (B) the State complies with the 
                        other provisions of this paragraph that would 
                        otherwise be required to be met by a State 
                        agency designated in accordance with section 
                        604(a)(1) or section 1521 of the Public Health 
                        Service Act. A study commissioned or undertaken 
                        by the State in which the hospital will be 
                        located shall be considered to satisfy such 
                        market study requirement.''; and
                            (iii) in the last sentence, by striking 
                        ``feasibility''; and
            (3) in subsection (f), by inserting ``and public health 
        care facilities'' after ``public hospitals''.

SEC. 504. HOME EQUITY CONVERSION MORTGAGES.

    (a) Insurance for Mortgages to Refinance Existing HECMs.--
            (1) In General.--Section 255 of the National Housing Act 
        (12 U.S.C. 1715z-20) is amended--
                    (A) by redesignating subsection (k) as subsection 
                (l); and
                    (B) by inserting after subsection (j) the following 
                new subsection:
    ``(k) Insurance Authority for Refinancings.--
            ``(1) In general.--The Secretary may, upon application by a 
        mortgagee, insure under this subsection any mortgage given to 
        refinance an existing home equity conversion mortgage insured 
        under this section.
            ``(2) Anti-churning disclosure.--The Secretary shall, by 
        regulation, require that the mortgagee of a mortgage insured 
        under this subsection, provide to the mortgagor, within an 
        appropriate time period and in a manner established in such 
        regulations, a good faith estimate of: (A) the total cost of 
        the refinancing; and (B) the increase in the mortgagor's 
        principal limit as measured by the estimated initial principal 
        limit on the mortgage to be insured under this subsection less 
        the current principal limit on the home equity conversion 
        mortgage that is being refinanced and insured under this 
        subsection.
            ``(3) Waiver of counseling requirement.--The mortgagor 
        under a mortgage insured under this subsection may waive the 
        applicability, with respect to such mortgage, of the 
        requirements under subsection (d)(2)(B) (relating to third 
        party counseling), but only if--
                    ``(A) the mortgagor has received the disclosure 
                required under paragraph (2);
                    ``(B) the increase in the principal limit described 
                in paragraph (2) exceeds the amount of the total cost 
                of refinancing (as described in such paragraph) by an 
                amount to be determined by the Secretary; and
                    ``(C) the time between the closing of the original 
                home equity conversion mortgage that is refinanced 
                through the mortgage insured under this subsection and 
                the application for a refinancing mortgage insured 
                under this subsection does not exceed 5 years.
            ``(4) Credit for premiums paid.--Notwithstanding section 
        203(c)(2)(A), the Secretary may reduce the amount of the single 
        premium payment otherwise collected under such section at the 
        time of the insurance of a mortgage refinanced and insured 
        under this subsection. The amount of the single premium for 
        mortgages refinanced under this subsection shall be determined 
        by the Secretary based on the actuarial study required under 
        paragraph (5).
            ``(5) Actuarial study.--Not later than 180 days after the 
        date of the enactment of this subsection, the Secretary shall 
        conduct an actuarial analysis to determine the adequacy of the 
        insurance premiums collected under the program under this 
        subsection with respect to--
                    ``(A) a reduction in the single premium payment 
                collected at the time of the insurance of a mortgage 
                refinanced and insured under this subsection;
                    ``(B) the establishment of a single national limit 
                on the benefits of insurance under subsection (g) 
                (relating to limitation on insurance authority); and
                    ``(C) the combined effect of reduced insurance 
                premiums and a single national limitation on insurance 
                authority.
            ``(6) Fees.--The Secretary may establish a limit on the 
        origination fee that may be charged to a mortgagor under a 
        mortgage insured under this subsection, except that such 
        limitation shall provide that the origination fee may be fully 
        financed with the mortgage and shall include any fees paid to 
        correspondent mortgagees approved by the Secretary. The 
        Secretary shall prohibit the charging of any broker fees in 
        connection with mortgages insured under this subsection.''.
            (2) Regulations.--Notwithstanding sections 2 and 3 of the 
        Preserving Affordable Housing for Senior Citizens and Families 
        into the 21st Century Act, the Secretary shall issue any final 
        regulations necessary to implement the amendments made by 
        paragraph (1) of this subsection, which shall take effect not 
        later than the expiration of the 180-day period beginning on 
        the date of the enactment of this Act. The regulations shall be 
        issued after notice and opportunity for public comment in 
        accordance with the procedure under section 553 of title 5, 
        United States Code, applicable to substantive rules 
        (notwithstanding subsections (a)(2), (b)(B), and (d)(3) of such 
        section).
    (b) Study of Single National Mortgage Limit.--The Secretary of 
Housing and Urban Development shall conduct an actuarially based study 
of the effects of establishing, for mortgages insured under section 255 
of the National Housing Act (12 U.S.C. 1715z-20), a single maximum 
mortgage amount limitation in lieu of applicability of section 
203(b)(2) of such Act (12 U.S.C. 1709(b)(2)). The study shall--
            (1) examine the effects of establishing such limitation at 
        different dollar amounts; and
            (2) examine the effects of such various limitations on--
                    (A) the risks to the General Insurance Fund 
                established under section 519 of such Act;
                    (B) the mortgage insurance premiums that would be 
                required to be charged to mortgagors to ensure 
                actuarial soundness of such Fund; and
                    (C) take into consideration the various approaches 
                to providing credit to borrowers who refinance home 
                equity conversion mortgages insured under section 255 
                of such Act.
Not later than 180 days after the date of the enactment of this Act, 
the Secretary shall complete the study under this subsection and submit 
a report describing the study and the results of the study to the 
Committee on Banking and Financial Services of the House of 
Representatives and to the Committee on Banking, Housing, and Urban 
Affairs of the Senate.

            Passed the House of Representatives September 27, 1999.

            Attest:

                                                 JEFF TRANDAHL,

                                                                 Clerk.
```