H. R. 1105—455 
shall in the report identify all existing units maintained by region 
as section 8 project-based units and all project-based units that 
have opted out of section 8 or have otherwise been eliminated 
as section 8 project-based units. The Secretary shall identify in 
detail and by project all the efforts made by the Department to 
preserve all section 8 project-based housing units and all the reasons 
for any units which opted out or otherwise were lost as section 
8 project-based units. Such analysis shall include a review of the 
impact of the loss of any subsidized units in that housing market-
place, such as the impact of cost and the loss of available subsidized, 
low-income housing in areas with scarce housing resources for low- 
income families. 
SEC. 228. Section 683(2) of the Housing and Community 
Development Act of 1992 (42 U.S.C. 13641(2)) is amended— 
(1) in subparagraph (F), by striking ‘‘and’’; 
(2) in subparagraph (G) by striking the period at the end 
and inserting ‘‘; and’’; and 
(3) by adding a new subparagraph (H) as follows: 
‘‘(H) housing that is assisted under section 811 of the 
Cranston-Gonzalez Affording Housing Act (42 U.S.C. 
8013).’’. 
SEC. 229. The Home Investment Partnerships Act (42 U.S.C. 
12721 et seq.) is amended— 
(1) in section 233(d)(1) by striking ‘‘20’’ and inserting ‘‘40’’; 
(2) in section 233(e) by striking ‘‘40’’ and inserting ‘‘25’’; 
(3) in section 243(b), in the second sentence, by striking 
‘‘20’’ and inserting ‘‘40’’; and 
(4) in section 271(i) by striking ‘‘Act after December 31, 
2007’’ and inserting ‘‘section after December 31, 2011’’. 
SEC. 230. 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 Financial Officer has determined 
that such allotment holder has implemented an adequate system 
of funds control and has received training in funds control proce-
dures and directives. The Chief Financial Officer shall ensure that, 
not later than 90 days after the date of enactment of this Act, 
a trained allotment holder shall be designated for each HUD sub-
account under the headings ‘‘Executive Direction’’ and ‘‘Administra-
tion, Operations, and Management’’ as well as each account 
receiving appropriations for ‘‘personnel compensation and benefits’’ 
within the Department of Housing and Urban Development. 
SEC. 231. Payment of attorney fees in program-related litigation 
must be paid from individual program office personnel benefits 
and compensation funding. The annual budget submission for pro-
gram office personnel benefit and compensation funding must 
include program-related litigation costs for attorney fees as a sepa-
rate line item request. 
SEC. 232. Of the unobligated balances remaining from funds 
appropriated under the heading ‘‘Tenant-Based Rental Assistance’’ 
under the Department of Housing and Urban Development Appro-
priations 
Act, 
2008, 
$750,000,000 
are 
rescinded 
from 
the 
$4,158,000,000 which are available on October 1, 2008. Such amount 
shall be derived from reductions to public housing agencies’ calendar 
year 2009 allocations based on amounts in public housing agencies’ 
net restricted assets accounts (in accordance with VMS data in 
calendar year 2008 that is verifiable and complete), as determined 
by the Secretary.
H. R. 1105—456 
SEC. 233. The Secretary of the Department of Housing and 
Urban Development shall for Fiscal Year 2009 and thereafter, notify 
the public through the Federal Register and other means, as deter-
mined appropriate, of the issuance of a notice of the availability 
of assistance or notice of funding availability (NOFA) for any pro-
gram or discretionary fund administered by the Secretary that 
is to be competitively awarded. Notwithstanding any other provision 
of law, for Fiscal Year 2009 and thereafter, the Secretary may 
make the NOFA available only on the Internet at the appropriate 
government website or websites or through other electronic media, 
as determined by the Secretary. 
SEC. 234. 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), for which the Sec-
retary’s consent to prepayment is required, 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 project-based 
rental assistance payments contract under section 8 of the 
United States Housing Act of 1937 (or any other project-based 
rental housing assistance programs of the Department of 
Housing and Urban Development, including the rent supple-
ment program under section 101 of the Housing and Urban 
Development Act of 1965 (12 U.S.C. 1701s)) or any successor 
project-based rental assistance program, except as provided 
by subsection (a)(2)(B); and 
(2) the prepayment may involve refinancing of the loan 
if such refinancing results — 
(A) in a lower interest rate on the principal of the 
loan for the project and in reductions in debt service related 
to such loan; or 
(B) in the case of a project that is assisted with a 
loan under such section 202 carrying an interest rate of 
6 percent or lower, a transaction under which 
(i) the project owner shall address the physical 
needs of the project; 
(ii) the prepayment plan for the transaction, 
including the refinancing, shall meet a cost benefit 
analysis, as established by the Secretary, that the ben-
efit of the transaction outweighs the cost of the trans-
action including any increases in rent charged to 
unassisted tenants; 
(iii) the overall cost for providing rental assistance 
under section 8 for the project (if any) is not increased, 
except, upon approval by the Secretary to— 
(I) mark-up-to-market contracts pursuant to 
section 524(a)(3) of the Multifamily Assisted 
Housing Reform and Affordability Act (42 U.S.C. 
1437f note), as such section is carried out by the 
Secretary for properties owned by nonprofit 
organizations; or