105 
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SEC. 204. Except as explicitly provided in law, any 
grant, cooperative agreement or other assistance made 
pursuant to title II of this Act shall be made on a competi-
tive basis and in accordance with section 102 of the De-
partment of Housing and Urban Development Reform Act 
of 1989 (42 U.S.C. 3545). 
SEC. 205. Funds of the Department of Housing and 
Urban Development subject to the Government Corpora-
tion Control Act or section 402 of the Housing Act of 
1950 shall be available, without regard to the limitations 
on administrative expenses, for legal services on a contract 
or fee basis, and for utilizing and making payment for 
services and facilities of the Federal National Mortgage 
Association, Government National Mortgage Association, 
Federal Home Loan Mortgage Corporation, Federal Fi-
nancing Bank, Federal Reserve banks or any member 
thereof, Federal Home Loan banks, and any insured bank 
within the meaning of the Federal Deposit Insurance Cor-
poration Act (12 U.S.C. 1811 et seq.). 
SEC. 206. Unless otherwise provided for in this Act 
or through a reprogramming of funds, no part of any ap-
propriation for the Department of Housing and Urban 
Development shall be available for any program, project 
or activity in excess of amounts set forth in the budget 
estimates submitted to Congress. 
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SEC. 207. Corporations and agencies of the Depart-
ment of Housing and Urban Development which are sub-
ject to the Government Corporation Control Act, are here-
by authorized to make such expenditures, within the limits 
of funds and borrowing authority available to each such 
corporation or agency and in accordance with law, and to 
make such contracts and commitments without regard to 
fiscal year limitations as provided by section 104 of such 
Act as may be necessary in carrying out the programs set 
forth in the budget for 2008 for such corporation or agen-
cy except as hereinafter provided: Provided, That collec-
tions of these corporations and agencies may be used for 
new loan or mortgage purchase commitments only to the 
extent expressly provided for in this Act (unless such loans 
are in support of other forms of assistance provided for 
in this or prior appropriations Acts), except that this pro-
viso shall not apply to the mortgage insurance or guaranty 
operations of these corporations, or where loans or mort-
gage purchases are necessary to protect the financial in-
terest of the United States Government. 
SEC. 208. None of the funds provided in this title 
for technical assistance, training, or management improve-
ments may be obligated or expended unless the Secretary 
of Housing and Urban Development provides to the Com-
mittees on Appropriations a description of each proposed 
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activity and a detailed budget estimate of the costs associ-
ated with each program, project or activity as part of the 
Budget Justifications. For fiscal year 2008, the Secretary 
shall transmit this information to the Committees by 
March 15, 2008 for 30 days of review. 
SEC. 209. The Secretary of Housing and Urban De-
velopment shall provide quarterly reports to the House 
and Senate Committees on Appropriations regarding all 
uncommitted, unobligated, recaptured and excess funds in 
each program and activity within the jurisdiction of the 
Department and shall submit additional, updated budget 
information to these Committees upon request. 
SEC. 210. (a) Notwithstanding any other provision 
of law, the amount allocated for fiscal year 2008 under 
section 854(c) of the AIDS Housing Opportunity Act (42 
U.S.C. 12903(c)), to the City of Wilmington, Delaware, 
on behalf of the Wilmington, Delaware-Maryland-New 
Jersey Metropolitan Division (‘‘metropolitan division’’), 
shall be adjusted by the Secretary of Housing and Urban 
Development by allocating to the State of New Jersey the 
proportion of the metropolitan division’s amount that is 
based on the number of cases of AIDS reported in the 
portion of the metropolitan division that is located in New 
Jersey, and adjusting for the proportion of the metropoli-
tan division’s high incidence bonus if this area in New Jer-
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108 
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sey also has a higher than average per capita incidence 
of AIDS. The State of New Jersey shall use amounts allo-
cated to the State under this subsection to carry out eligi-
ble activities under section 855 of the AIDS Housing Op-
portunity Act (42 U.S.C. 12904) in the portion of the met-
ropolitan division that is located in New Jersey. 
(b) Notwithstanding any other provision of law, the 
Secretary of Housing and Urban Development shall allo-
cate to Wake County, North Carolina, the amounts that 
otherwise would be allocated for fiscal year 2008 under 
section 854(c) of the AIDS Housing Opportunity Act (42 
U.S.C. 12903(c)) to the City of Raleigh, North Carolina, 
on behalf of the Raleigh-Cary, North Carolina Metropoli-
tan Statistical Area. Any amounts allocated to Wake 
County shall be used to carry out eligible activities under 
section 855 of such Act (42 U.S.C. 12904) within such 
metropolitan statistical area. 
(c) Notwithstanding section 854(c) of the AIDS 
Housing Opportunity Act (42 U.S.C. 12903(c)), the Sec-
retary of Housing and Urban Development may adjust the 
allocation of the amounts that otherwise would be allo-
cated for fiscal year 2008 under section 854(c) of such 
Act, upon the written request of an applicant, in conjunc-
tion with the State(s), for a formula allocation on behalf 
of a metropolitan statistical area, to designate the State 
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109 
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or States in which the metropolitan statistical area is lo-
cated as the eligible grantee(s) of the allocation. In the 
case that a metropolitan statistical area involves more 
than one State, such amounts allocated to each State shall 
be in proportion to the number of cases of AIDS reported 
in the portion of the metropolitan statistical area located 
in that State. Any amounts allocated to a State under this 
section shall be used to carry out eligible activities within 
the portion of the metropolitan statistical area located in 
that State. 
SEC. 211. The Secretary of Housing and Urban De-
velopment shall submit an annual report no later than Au-
gust 30, 2008 and annually thereafter to the House and 
Senate Committees on Appropriations regarding the num-
ber of federally assisted units under lease and the per unit 
cost of these units to the Department of Housing and 
Urban Development. 
SEC. 212. The Department of Housing and Urban 
Development shall submit the Department’s fiscal year 
2009 congressional budget justifications to the Commit-
tees on Appropriations of the House of Representatives 
and the Senate using the identical structure provided 
under this Act and only in accordance with the direction 
specified in the report accompanying this Act. 
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110 
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SEC. 213. Incremental vouchers previously made 
available under the heading ‘‘Housing Certificate Fund’’ 
or renewed under the heading, ‘‘Tenant-Based Rental As-
sistance,’’ for non-elderly disabled families shall, to the ex-
tent practicable, continue to be provided to non-elderly dis-
abled families upon turnover. 
SEC. 214. A public housing agency or such other enti-
ty that administers Federal housing assistance in the 
States of Alaska, Iowa, and Mississippi shall not be re-
quired to include a resident of public housing or a recipi-
ent of assistance provided under section 8 of the United 
States Housing Act of 1937 on the board of directors or 
a similar governing board of such agency or entity as re-
quired under section (2)(b) of such Act. Each public hous-
ing agency or other entity that administers Federal hous-
ing assistance under section 8 in the States of Alaska, 
Iowa, and Mississippi shall establish an advisory board of 
not less than 6 residents of public housing or recipients 
of section 8 assistance to provide advice and comment to 
the public housing agency or other administering entity 
on issues related to public housing and section 8. Such 
advisory board shall meet not less than quarterly. 
SEC. 215. (a) Notwithstanding any other provision 
of law, subject to the conditions listed in subsection (b), 
for fiscal years 2008 and 2009, the Secretary of Housing 
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and Urban Development may authorize the transfer of 
project-based assistance, debt and statutorily required 
low-income and very low-income use restrictions, associ-
ated with one multifamily housing project to another mul-
tifamily housing project. 
(b) The transfer authorized in subsection (a) is sub-
ject to the following conditions— 
(1) the number of low-income and very low-in-
come units and the net dollar amount of Federal as-
sistance provided by the transferring project shall 
remain the same in the receiving project; 
(2) the transferring project shall, as determined 
by the Secretary, be either physically obsolete or eco-
nomically non-viable; 
(3) the receiving project shall meet or exceed 
applicable physical standards established by the Sec-
retary; 
(4) the owner or mortgagor of the transferring 
project shall notify and consult with the tenants re-
siding in the transferring project and provide a cer-
tification of approval by all appropriate local govern-
mental officials; 
(5) the tenants of the transferring project who 
remain eligible for assistance to be provided by the 
receiving project shall not be required to vacate their 
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112 
HR 3074 PP 
units in the transferring project until new units in 
the receiving project are available for occupancy; 
(6) the Secretary determines that this transfer 
is in the best interest of the tenants; 
(7) if either the transferring project or the re-
ceiving project meets the condition specified in sub-
section (c)(2)(A), any lien on the receiving project 
resulting from additional financing obtained by the 
owner shall be subordinate to any FHA-insured 
mortgage lien transferred to, or placed on, such 
project by the Secretary; 
(8) if the transferring project meets the re-
quirements of subsection (c)(2)(E), the owner or 
mortgagor of the receiving project shall execute 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 exist-
ing use restrictions; 
(9) any financial risk to the FHA General and 
Special Risk Insurance Fund, as determined by the 
Secretary, would be reduced as a result of a transfer 
completed under this section; and 
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113 
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(10) the Secretary determines that Federal li-
ability with regard to this project will not be in-
creased. 
(c) 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— 
(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; 
(C) housing that is assisted under section 
202 of the Housing Act of 1959 as amended by 
section 801 of the Cranston-Gonzales National 
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; 
or 
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114 
HR 3074 PP 
(E) 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) additional assistance payments under 
section 236(f)(2) of the National Housing Act; 
and 
(E) assistance payments made under sec-
tion 202(c)(2) of the Housing Act of 1959; 
(4) the term ‘‘receiving project’’ means the mul-
tifamily housing project to which the project-based 
assistance, debt, and statutorily required use low-in-
come and very low-income restrictions are to be 
transferred; 
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HR 3074 PP 
(5) the term ‘‘transferring project’’ means the 
multifamily housing project which is transferring the 
project-based assistance, debt and the statutorily re-
quired low-income and very low-income use restric-
tions to the receiving project; and 
(6) the term ‘‘Secretary’’ means the Secretary 
of Housing and Urban Development. 
SEC. 216. The funds made available for Native Alas-
kans under the heading ‘‘Native American Housing Block 
Grants’’ in title III of this Act shall be allocated to the 
same Native Alaskan housing block grant recipients that 
received funds in fiscal year 2005. 
SEC. 217. Incremental vouchers previously made 
available under the heading, ‘‘Housing Certificate Fund’’ 
or renewed under the heading, ‘‘Tenant-Based Rental As-
sistance’’, for family unification shall, to the extent prac-
ticable, continue to be provided for family unification. 
SEC. 218. None of the funds appropriated or other-
wise made available by this Act or any other Act may be 
used to develop or impose policies or procedures, including 
an account structure, that subjects the Government Na-
tional Mortgage Association to the requirements of the 
Federal Credit Reform Act of 1990 (2 U.S.C. 661 et seq.). 
This section shall not be construed to exempt that entity 
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116 
HR 3074 PP 
from credit subsidy budgeting or from budget presentation 
requirements previously adopted. 
SEC. 219. (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. 
1437a(b)(3)(E)) and was not receiving assistance 
under such section 8 as of November 30, 2005; and 
(7) 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-
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cial assistance (in excess of amounts received for tuition) 
that an individual receives under the Higher Education 
Act of 1965 (20 U.S.C. 1001 et seq.), from private 
sources, or an institution of higher education (as defined 
under the Higher Education Act of 1965 (20 U.S.C. 
1002)), shall be considered income to that individual, ex-
cept for a person over the age of 23 with dependent chil-
dren. 
(c) Not later than 30 days after the date of enact-
ment of this Act, the Secretary of Housing and Urban 
Development shall issue final regulations to carry out the 
provisions of this section. 
SEC. 220. 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, 2008, in-
sure and enter into commitments to insure mortgages 
under section 255 of the National Housing Act (12 U.S.C. 
1715z–20). 
SEC. 221. The National Housing Act is amended— 
(1)
in
sections
207(c)(3),
213(b)(2)(B)(i), 
221(d)(3)(ii)(II),
221(d)(4)(ii)(II),
231(c)(2)(B), 
and
234(e)(3)(B)
(12
U.S.C.
1713(c)(3), 
1715e(b)(2)(B)(i),
1715l(d)(3)(ii)(II), 
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118 
HR 3074 PP 
1715l(d)(4)(ii)(II),
1715v(c)(2)(B),
and 
1715y(e)(3)(B))— 
(A) by striking ‘‘140 percent’’ each place 
such term appears and inserting ‘‘170 percent’’; 
and 
(B) by striking ‘‘170 percent in high cost 
areas’’ each place such term appears and in-
serting ‘‘215 percent in high cost areas’’; and 
(2) in section 220(d)(3)(B)(iii)(III) (12 U.S.C. 
1715k(d)(3)(B)(iii)(III)) by striking ‘‘206A’’ and all 
that follows through ‘‘project-by-project basis’’ and 
inserting the following: ‘‘206A of this Act) by not to 
exceed 170 percent in any geographical area where 
the Secretary finds that cost levels so require and by 
not to exceed 170 percent, or 215 percent in high 
cost areas, where the Secretary determines it nec-
essary on a project-by-project basis’’. 
SEC. 222. (a) During fiscal year 2008, in the provi-
sion of rental assistance under section 8(o) of the United 
States Housing Act of 1937 (42 U.S.C. 1437f(o)) in con-
nection with a program to demonstrate the economy and 
effectiveness of providing such assistance for use in as-
sisted living facilities that is carried out in the counties 
of the State of Michigan notwithstanding paragraphs (3) 
and (18)(B)(iii) of such section 8(o), a family residing in 
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