154 
(E) housing that is assisted under section 
811 of the Cranston-Gonzales National Afford-
able Housing Act; or 
(F) housing or vacant land that is subject 
to a use agreement; 
(3) 
the 
term 
‘‘project-based 
assistance’’ 
means— 
(A) assistance provided under section 8(b) 
of the United States Housing Act of 1937; 
(B) assistance for housing constructed or 
substantially rehabilitated pursuant to assist-
ance provided under section 8(b)(2) of such Act 
(as such section existed immediately before Oc-
tober 1, 1983); 
(C) rent supplement payments under sec-
tion 101 of the Housing and Urban Develop-
ment Act of 1965; 
(D) interest reduction payments under sec-
tion 236 and/or additional assistance payments 
under section 236(f)(2) of the National Hous-
ing Act; 
(E) assistance payments made under sec-
tion 202(c)(2) of the Housing Act of 1959; and 
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(F) assistance payments made under sec-
tion 811(d)(2) of the Cranston-Gonzalez Na-
tional Affordable Housing Act; 
(4) the term ‘‘receiving project or projects’’ 
means the multifamily housing project or projects to 
which some or all of the project-based assistance, 
debt, and statutorily required low-income and very 
low-income use restrictions are to be transferred; 
(5) the term ‘‘transferring project’’ means the 
multifamily housing project which is transferring 
some or all of the project-based assistance, debt, and 
the statutorily required low-income and very low-in-
come use restrictions to the receiving project or 
projects; and 
(6) the term ‘‘Secretary’’ means the Secretary 
of Housing and Urban Development. 
(e) RESEARCH REPORT.—The Secretary shall con-
duct an evaluation of the transfer authority under this sec-
tion, including the effect of such transfers on the oper-
ational efficiency, contract rents, physical and financial 
conditions, and long-term preservation of the affected 
properties. 
SEC. 211. (a) No assistance shall be provided under 
section 8 of the United States Housing Act of 1937 (42 
U.S.C. 1437f) to any individual who— 
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(1) is enrolled as a student at an institution of 
higher education (as defined under section 102 of 
the Higher Education Act of 1965 (20 U.S.C. 
1002)); 
(2) is under 24 years of age; 
(3) is not a veteran; 
(4) is unmarried; 
(5) does not have a dependent child; 
(6) is not a person with disabilities, as such 
term is defined in section 3(b)(3)(E) of the United 
States 
Housing 
Act 
of 
1937 
(42 
U.S.C. 
1437a(b)(3)(E)) and was not receiving assistance 
under such section 8 as of November 30, 2005; 
(7) is not a youth who left foster care at age 
14 or older and is at risk of becoming homeless; and 
(8) is not otherwise individually eligible, or has 
parents who, individually or jointly, are not eligible, 
to receive assistance under section 8 of the United 
States Housing Act of 1937 (42 U.S.C. 1437f). 
(b) For purposes of determining the eligibility of a 
person to receive assistance under section 8 of the United 
States Housing Act of 1937 (42 U.S.C. 1437f), any finan-
cial assistance (in excess of amounts received for tuition 
and any other required fees and charges) that an indi-
vidual receives under the Higher Education Act of 1965 
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157 
(20 U.S.C. 1001 et seq.), from private sources, or an insti-
tution of higher education (as defined under the Higher 
Education Act of 1965 (20 U.S.C. 1002)), shall be consid-
ered income to that individual, except for a person over 
the age of 23 with dependent children. 
SEC. 212. The funds made available for Native Alas-
kans under the heading ‘‘Native American Housing Block 
Grants’’ in title II of this Act shall be allocated to the 
same Native Alaskan housing block grant recipients that 
received funds in fiscal year 2005. 
SEC. 213. Notwithstanding any other provision of 
law, in fiscal year 2019, in managing and disposing of any 
multifamily property that is owned or has a mortgage held 
by the Secretary of Housing and Urban Development, and 
during the process of foreclosure on any property with a 
contract for rental assistance payments under section 8 
of the United States Housing Act of 1937 or other Fed-
eral programs, the Secretary shall maintain any rental as-
sistance payments under section 8 of the United States 
Housing Act of 1937 and other programs that are at-
tached to any dwelling units in the property. To the extent 
the Secretary determines, in consultation with the tenants 
and the local government, that such a multifamily prop-
erty owned or held by the Secretary is not feasible for con-
tinued rental assistance payments under such section 8 
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or other programs, based on consideration of (1) the costs 
of rehabilitating and operating the property and all avail-
able Federal, State, and local resources, including rent ad-
justments under section 524 of the Multifamily Assisted 
Housing 
Reform 
and 
Affordability 
Act 
of 
1997 
(‘‘MAHRAA’’) and (2) environmental conditions that can-
not be remedied in a cost-effective fashion, the Secretary 
may, in consultation with the tenants of that property, 
contract for project-based rental assistance payments with 
an owner or owners of other existing housing properties, 
or provide other rental assistance. The Secretary shall also 
take appropriate steps to ensure that project-based con-
tracts remain in effect prior to foreclosure, subject to the 
exercise of contractual abatement remedies to assist relo-
cation of tenants for imminent major threats to health and 
safety after written notice to and informed consent of the 
affected tenants and use of other available remedies, such 
as partial abatements or receivership. After disposition of 
any multifamily property described under this section, the 
contract and allowable rent levels on such properties shall 
be subject to the requirements under section 524 of 
MAHRAA. 
SEC. 214. The commitment authority funded by fees 
as provided under the heading ‘‘Community Development 
Loan Guarantees Program Account’’ may be used to guar-
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antee, or make commitments to guarantee, notes, or other 
obligations issued by any State on behalf of non-entitle-
ment communities in the State in accordance with the re-
quirements of section 108 of the Housing and Community 
Development Act of 1974: Provided, That any State re-
ceiving such a guarantee or commitment shall distribute 
all funds subject to such guarantee to the units of general 
local government in non-entitlement areas that received 
the commitment. 
SEC. 215. Public housing agencies that own and oper-
ate 400 or fewer public housing units may elect to be ex-
empt from any asset management requirement imposed by 
the Secretary of Housing and Urban Development in con-
nection with the operating fund rule: Provided, That an 
agency seeking a discontinuance of a reduction of subsidy 
under the operating fund formula shall not be exempt 
from asset management requirements. 
SEC. 216. With respect to the use of amounts pro-
vided in this Act and in future Acts for the operation, cap-
ital improvement and management of public housing as 
authorized by sections 9(d) and 9(e) of the United States 
Housing Act of 1937 (42 U.S.C. 1437g(d) and (e)), the 
Secretary shall not impose any requirement or guideline 
relating to asset management that restricts or limits in 
any way the use of capital funds for central office costs 
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pursuant to section 9(g)(1) or 9(g)(2) of the United States 
Housing Act of 1937 (42 U.S.C. 1437g(g)(1), (2)): Pro-
vided, That a public housing agency may not use capital 
funds authorized under section 9(d) for activities that are 
eligible under section 9(e) for assistance with amounts 
from the operating fund in excess of the amounts per-
mitted under section 9(g)(1) or 9(g)(2). 
SEC. 217. No official or employee of the Department 
of Housing and Urban Development shall be designated 
as an allotment holder unless the Office of the Chief Fi-
nancial Officer has determined that such allotment holder 
has implemented an adequate system of funds control and 
has received training in funds control procedures and di-
rectives. The Chief Financial Officer shall ensure that 
there is a trained allotment holder for each HUD appro-
priation under the accounts ‘‘Executive Offices’’ and ‘‘Ad-
ministrative Support Offices,’’ as well as each account re-
ceiving appropriations under the general heading ‘‘Pro-
gram Office Salaries and Expenses’’, ‘‘Government Na-
tional Mortgage Association—Guarantees of Mortgage- 
Backed Securities Loan Guarantee Program Account’’, 
and ‘‘Office of Inspector General’’ within the Department 
of Housing and Urban Development. 
SEC. 218. The Secretary of the Department of Hous-
ing and Urban Development shall, for fiscal year 2019, 
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notify the public through the Federal Register and other 
means, as determined appropriate, of the issuance of a no-
tice of the availability of assistance or notice of funding 
availability (NOFA) for any program or discretionary 
fund administered by the Secretary that is to be competi-
tively awarded. Notwithstanding any other provision of 
law, for fiscal year 2019, the Secretary may make the 
NOFA available only on the Internet at the appropriate 
Government web site or through other electronic media, 
as determined by the Secretary. 
SEC. 219. Payment of attorney fees in program-re-
lated litigation shall be paid from the individual program 
office and Office of General Counsel salaries and expenses 
appropriations. The annual budget submission for the pro-
gram offices and the Office of General Counsel shall in-
clude any such projected litigation costs for attorney fees 
as a separate line item request. No funds provided in this 
title may be used to pay any such litigation costs for attor-
ney fees until the Department submits for review a spend-
ing plan for such costs to the House and Senate Commit-
tees on Appropriations. 
SEC. 220. The Secretary is authorized to transfer up 
to 10 percent or $5,000,000, whichever is less, of funds 
appropriated for any office under the heading ‘‘Adminis-
trative Support Offices’’ or for any account under the gen-
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162 
eral heading ‘‘Program Office Salaries and Expenses’’ to 
any other such office or account: Provided, That no appro-
priation for any such office or account shall be increased 
or decreased by more than 10 percent or $5,000,000, 
whichever is less, without prior written approval of the 
House and Senate Committees on Appropriations: Pro-
vided further, That the Secretary shall provide notification 
to such Committees three business days in advance of any 
such transfers under this section up to 10 percent or 
$5,000,000, whichever is less. 
SEC. 221. (a) Any entity receiving housing assistance 
payments shall maintain decent, safe, and sanitary condi-
tions, as determined by the Secretary of Housing and 
Urban Development (in this section referred to as the 
‘‘Secretary’’), and comply with any standards under appli-
cable State or local laws, rules, ordinances, or regulations 
relating to the physical condition of any property covered 
under a housing assistance payment contract. 
(b) The Secretary shall take action under subsection 
(c) when a multifamily housing project with a section 8 
contract or contract for similar project-based assistance— 
(1) receives a Uniform Physical Condition 
Standards (UPCS) score of 60 or less; or 
(2) fails to certify in writing to the Secretary 
within 3 days that all Exigent Health and Safety de-
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ficiencies identified by the inspector at the project 
have been corrected. 
Such requirements shall apply to insured and noninsured 
projects with assistance attached to the units under sec-
tion 8 of the United States Housing Act of 1937 (42 
U.S.C. 1437f), but do not apply to such units assisted 
under section 8(o)(13) (42 U.S.C. 1437f(o)(13)) or to 
public housing units assisted with capital or operating 
funds under section 9 of the United States Housing Act 
of 1937 (42 U.S.C. 1437g). 
(c)(1) Within 15 days of the issuance of the REAC 
inspection, the Secretary must provide the owner with a 
Notice of Default with a specified timetable, determined 
by the Secretary, for correcting all deficiencies. The Sec-
retary must also provide a copy of the Notice of Default 
to the tenants, the local government, any mortgagees, and 
any contract administrator. If the owner’s appeal results 
in a UPCS score of 60 or above, the Secretary may with-
draw the Notice of Default. 
(2) At the end of the time period for correcting all 
deficiencies specified in the Notice of Default, if the owner 
fails to fully correct such deficiencies, the Secretary may— 
(A) require immediate replacement of project 
management with a management agent approved by 
the Secretary; 
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(B) impose civil money penalties, which shall be 
used solely for the purpose of supporting safe and 
sanitary conditions at applicable properties, as des-
ignated by the Secretary, with priority given to the 
tenants of the property affected by the penalty; 
(C) abate the section 8 contract, including par-
tial abatement, as determined by the Secretary, until 
all deficiencies have been corrected; 
(D) pursue transfer of the project to an owner, 
approved by the Secretary under established proce-
dures, which will be obligated to promptly make all 
required repairs and to accept renewal of the assist-
ance contract as long as such renewal is offered; 
(E) transfer the existing section 8 contract to 
another project or projects and owner or owners; 
(F) pursue exclusionary sanctions, including 
suspensions or debarments from Federal programs; 
(G) seek judicial appointment of a receiver to 
manage the property and cure all project deficiencies 
or seek a judicial order of specific performance re-
quiring the owner to cure all project deficiencies; 
(H) work with the owner, lender, or other re-
lated party to stabilize the property in an attempt 
to preserve the property through compliance, trans-
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fer of ownership, or an infusion of capital provided 
by a third-party that requires time to effectuate; or 
(I) take any other regulatory or contractual 
remedies available as deemed necessary and appro-
priate by the Secretary. 
(d) The Secretary shall also take appropriate steps 
to ensure that project-based contracts remain in effect, 
subject to the exercise of contractual abatement remedies 
to assist relocation of tenants for major threats to health 
and safety after written notice to the affected tenants. To 
the extent the Secretary determines, in consultation with 
the tenants and the local government, that the property 
is not feasible for continued rental assistance payments 
under such section 8 or other programs, based on consid-
eration of— 
(1) the costs of rehabilitating and operating the 
property and all available Federal, State, and local 
resources, including rent adjustments under section 
524 of the Multifamily Assisted Housing Reform 
and Affordability Act of 1997 (‘‘MAHRAA’’); and 
(2) environmental conditions that cannot be 
remedied in a cost-effective fashion, the Secretary 
may contract for project-based rental assistance pay-
ments with an owner or owners of other existing 
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housing properties, or provide other rental assist-
ance. 
(e) The Secretary shall report quarterly on all prop-
erties covered by this section that are assessed through 
the Real Estate Assessment Center and have UPCS phys-
ical inspection scores of less than 60 or have received an 
unsatisfactory management and occupancy review within 
the past 36 months. The report shall include— 
(1) the enforcement actions being taken to ad-
dress such conditions, including imposition of civil 
money penalties and termination of subsidies, and 
identify properties that have such conditions mul-
tiple times; 
(2) actions that the Department of Housing 
and Urban Development is taking to protect tenants 
of such identified properties; and 
(3) any administrative or legislative rec-
ommendations to further improve the living condi-
tions at properties covered under a housing assist-
ance payment contract. 
This report shall be due to the Senate and House Commit-
tees on Appropriations no later than 30 days after the 
enactment of this Act, and on the first business day of 
each Federal fiscal year quarter thereafter while this sec-
tion remains in effect. 
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SEC. 222. None of the funds made available by this 
Act, or any other Act, for purposes authorized under sec-
tion 8 (only with respect to the tenant-based rental assist-
ance program) and section 9 of the United States Housing 
Act of 1937 (42 U.S.C. 1437 et seq.), may be used by 
any public housing agency for any amount of salary, in-
cluding bonuses, for the chief executive officer of which, 
or any other official or employee of which, that exceeds 
the annual rate of basic pay payable for a position at level 
IV of the Executive Schedule at any time during any pub-
lic housing agency fiscal year 2019. 
SEC. 223. None of the funds in this Act provided to 
the Department of Housing and Urban Development may 
be used to make a grant award unless the Secretary noti-
fies the House and Senate Committees on Appropriations 
not less than 3 full business days before any project, 
State, locality, housing authority, tribe, nonprofit organi-
zation, or other entity selected to receive a grant award 
is announced by the Department or its offices. 
SEC. 224. None of the funds made available by this 
Act may be used to require or enforce the Physical Needs 
Assessment (PNA). 
SEC. 225. None of the funds made available in this 
Act shall be used by the Federal Housing Administration, 
the Government National Mortgage Administration, or the 
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Department of Housing and Urban Development to in-
sure, securitize, or establish a Federal guarantee of any 
mortgage or mortgage backed security that refinances or 
otherwise replaces a mortgage that has been subject to 
eminent domain condemnation or seizure, by a State, mu-
nicipality, or any other political subdivision of a State. 
SEC. 226. None of the funds made available by this 
Act may be used to terminate the status of a unit of gen-
eral local government as a metropolitan city (as defined 
in section 102 of the Housing and Community Develop-
ment Act of 1974 (42 U.S.C. 5302)) with respect to 
grants under section 106 of such Act (42 U.S.C. 5306). 
SEC. 227. Amounts made available under this Act 
which are either appropriated, allocated, advanced on a 
reimbursable basis, or transferred to the Office of Policy 
Development and Research in the Department of Housing 
and Urban Development and functions thereof, for re-
search, evaluation, or statistical purposes, and which are 
unexpended at the time of completion of a contract, grant, 
or cooperative agreement, may be deobligated and shall 
immediately become available and may be reobligated in 
that fiscal year or the subsequent fiscal year for the re-
search, evaluation, or statistical purposes for which the 
amounts are made available to that Office subject to re-
programming requirements in section 405 of this Act. 
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SEC. 228. None of the funds provided in this Act or 
any other act may be used for awards, including perform-
ance, special act, or spot, for any employee of the Depart-
ment of Housing and Urban Development who has been 
subject to administrative discipline in fiscal years 2018 or 
2019, including suspension from work. 
SEC. 229. Funds made available in this title under 
the heading ‘‘Homeless Assistance Grants’’ may be used 
by the Secretary to participate in Performance Partner-
ship Pilots authorized under section 526 of division H of 
Public Law 113–76, section 524 of division G of Public 
Law 113–235, section 525 of division H of Public Law 
114–113, and such authorities as are enacted for Perform-
ance Partnership Pilots in an appropriations Act for fiscal 
year 2019: Provided, That such participation shall be lim-
ited to no more than 10 continuums of care and housing 
activities to improve outcomes for disconnected youth. 
SEC. 230. With respect to grant amounts awarded 
under the heading ‘‘Homeless Assistance Grants’’ for fis-
cal years 2015, 2016, 2017, 2018 and 2019 for the con-
tinuum of care (CoC) program as authorized under sub-
title C of title IV of the McKinney-Vento Homeless Assist-
ance Act, costs paid by program income of grant recipients 
may count toward meeting the recipient’s matching re-
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quirements, provided the costs are eligible CoC costs that 
supplement the recipient’s CoC program. 
SEC. 231. (a) From amounts made available under 
this title under the heading ‘‘Homeless Assistance 
Grants’’, the Secretary may award 1-year transition 
grants to recipients of funds for activities under subtitle 
C of the McKinney-Vento Homeless Assistance Act (42 
U.S.C. 11381 et seq.) to transition from one Continuum 
of Care program component to another. 
(b) No more than 50 percent of each transition grant 
may be used for costs of eligible activities of the program 
component originally funded. 
(c) Transition grants made under this section are eli-
gible for renewal in subsequent fiscal years for the eligible 
activities of the new program component. 
(d) In order to be eligible to receive a transition 
grant, the funding recipient must have the consent of the 
Continuum of Care and meet standards determined by the 
Secretary. 
SEC. 232. None of the funds made available by this 
Act may be used by the Department of Housing and 
Urban Development to direct a grantee to undertake spe-
cific changes to existing zoning laws as part of carrying 
out the final rule entitled ‘‘Affirmatively Furthering Fair 
Housing’’ (80 Fed. Reg. 42272 (July 16, 2015)) or the 
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notice entitled ‘‘Affirmatively Furthering Fair Housing 
Assessment Tool’’ (79 Fed. Reg. 57949 (September 26, 
2014)). 
SEC. 233. Section 218(g) of the Cranston-Gonzalez 
National Affordable Housing Act (42 U.S.C. 12748(g)) 
shall not apply with respect to the right of a jurisdiction 
to draw funds from its HOME Investment Trust Fund 
that otherwise expired or would expire in 2016, 2017, 
2018, 2019, 2020 or 2021 under that section. 
SEC. 234. The Promise Zone designations and Prom-
ise Zone Designation Agreements entered into pursuant 
to such designations, made by the Secretary of Housing 
and Urban Development in prior fiscal years, shall remain 
in effect in accordance with the terms and conditions of 
such agreements. 
SEC. 235. The Secretary shall initiate a comprehen-
sive review of existing public housing and tenant-based 
rental assistance regulations and related notices and other 
guidance documents to identify opportunities to streamline 
the administration of such programs while also ensuring 
compliance with Federal financial and internal control re-
quirements. The Secretary shall establish a regulatory ad-
visory committee, composed of program and research ex-
perts from the Department, a fair representation of public 
housing agencies, and independent subject matter experts 
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in housing policy, property management, and Federal 
grant management, which shall advise the Secretary with 
respect to specific policy proposals to reduce administra-
tive burden. The Secretary, in consultation with the advi-
sory committee, shall submit a report on the results of 
such regulatory review to the House and Senate Commit-
tees on Appropriations no later than one year after the 
date of enactment of this Act. 
SEC. 236. None of the funds made available by this 
Act may be used to establish and apply a ranking factor 
in the selection and award of any funds made available 
and requiring competitive selection under this Act, includ-
ing preference or bonus points or other incentives for par-
ticipation in or coordination with EnVision Centers. 
SEC. 237. (a) The Secretary of Housing and Urban 
Development shall continue to engage in efforts authorized 
by the Violence Against Women Reauthorization Act of 
2013 (Public Law 113–4; 127 Stat. 54) to ensure that 
survivors of domestic violence and sexual assault are not 
unlawfully evicted or denied housing by certain landlords 
based on their experience as survivors. 
(b) Not later than 180 days after the date of enact-
ment of this Act, the Secretary of Housing and Urban 
Development shall submit to Congress a report on the ef-
forts described in subsection (a). 
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SEC. 238. None of the funds made available under 
this Act may be used to provide housing assistance bene-
fits for an individual who is convicted of— 
(1) aggravated sexual abuse under section 2241 
of title 18, United States Code; 
(2) murder under section 1111 of title 18, 
United States Code; or 
(3) any other Federal or State offense involv-
ing— 
(A) severe forms of trafficking in persons 
or sex trafficking, as those terms are defined in 
paragraphs (9) and (10), respectively, of section 
103 of the Trafficking Victims Protection Act 
of 2000 (22 U.S.C. 7102); or 
(B) child pornography, as defined in sec-
tion 2256 of title 18, United States Code. 
This title may be cited as the ‘‘Department of Hous-
ing and Urban Development Appropriations Act, 2019’’. 
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TITLE III 
RELATED AGENCIES 
ACCESS BOARD 
SALARIES AND EXPENSES 
For expenses necessary for the Access Board, as au-
thorized by section 502 of the Rehabilitation Act of 1973, 
as amended, $8,400,000: Provided, That, notwithstanding 
any other provision of law, there may be credited to this 
appropriation funds received for publications and training 
expenses. 
FEDERAL MARITIME COMMISSION 
SALARIES AND EXPENSES 
For necessary expenses of the Federal Maritime 
Commission as authorized by section 201(d) of the Mer-
chant Marine Act, 1936, as amended (46 U.S.C. 307), in-
cluding services as authorized by 5 U.S.C. 3109; hire of 
passenger motor vehicles as authorized by 31 U.S.C. 
1343(b); and uniforms or allowances therefore, as author-
ized by 5 U.S.C. 5901–5902, $27,490,000: Provided, That 
not to exceed $2,000 shall be available for official recep-
tion and representation expenses. 
VerDate Sep 11 2014 
01:12 Jan 09, 2019
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