144 
the financing of acquisition, construction, and/or re-
habilitation of the receiving project or projects. 
(8) If the transferring project meets the re-
quirements of subsection (d)(2), the owner or mort-
gagor of the receiving project or projects shall exe-
cute and record either a continuation of the existing 
use agreement or a new use agreement for the 
project where, in either case, any use restrictions in 
such agreement are of no lesser duration than the 
existing use restrictions. 
(9) The transfer does not increase the cost (as 
defined in section 502 of the Congressional Budget 
Act of 1974, as amended) of any FHA-insured 
mortgage, except to the extent that appropriations 
are provided in advance for the amount of any such 
increased cost. 
(d) For purposes of this section— 
(1) the terms ‘‘low-income’’ and ‘‘very low-in-
come’’ shall have the meanings provided by the stat-
ute and/or regulations governing the program under 
which the project is insured or assisted; 
(2) the term ‘‘multifamily housing project’’ 
means housing that meets one of the following con-
ditions— 
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145 
(A) housing that is subject to a mortgage 
insured under the National Housing Act; 
(B) housing that has project-based assist-
ance attached to the structure including 
projects undergoing mark to market debt re-
structuring under the Multifamily Assisted 
Housing Reform and Affordability Housing Act; 
(C) housing that is assisted under section 
202 of the Housing Act of 1959, as amended 
by section 801 of the Cranston-Gonzales Na-
tional Affordable Housing Act; 
(D) housing that is assisted under section 
202 of the Housing Act of 1959, as such sec-
tion existed before the enactment of the Cran-
ston-Gonzales National Affordable Housing Act; 
(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; 
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146 
(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 
(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 
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147 
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— 
(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. 
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148 
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 
(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. 
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149 
SEC. 213. Notwithstanding the limitation in the first 
sentence of section 255(g) of the National Housing Act 
(12 U.S.C. 1715z–20(g)), the Secretary of Housing and 
Urban Development may, until September 30, 2019, in-
sure and enter into commitments to insure mortgages 
under such section 255. 
SEC. 214. 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 
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 
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150 
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. 215. The commitment authority funded by fees 
as provided under the heading ‘‘Community Development 
Loan Guarantees Program Account’’ may be used to guar-
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 
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151 
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. 216. 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. 217. 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 
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 
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152 
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. 218. 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 sub- 
office under the accounts ‘‘Executive Offices’’ and ‘‘Ad-
ministrative Support Offices,’’ as well as each account re-
ceiving appropriations for ‘‘Program Office Salaries and 
Expenses’’, ‘‘Government National Mortgage Associa-
tion—Guarantees of Mortgage-Backed Securities Loan 
Guarantee Program Account’’, and ‘‘Office of Inspector 
General’’ within the Department of Housing and Urban 
Development. 
SEC. 219. The Secretary of the Department of Hous-
ing and Urban Development shall, for fiscal year 2019, 
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 
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153 
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. 220. 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. 221. 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-
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, 
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154 
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. 222. (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-
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-
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