H. R. 2158—71
(c) ADDITIONAL VIOLATIONS FOR MORTGAGEES, LENDERS, AND
OTHER PARTICIPANTS IN FHA PROGRAMS.—Section 536(b) of the
National Housing Act (12 U.S.C. 1735f–14(b)) is amended—
(1) by redesignating paragraph (2) as paragraph (3);
(2) by inserting after paragraph (1) the following:
‘‘(2) The Secretary may impose a civil money penalty under
subsection (a) for any knowing and material violation by a
principal, officer, or employee of a mortgagee or lender, or
other participants in either an insured mortgage or title I
loan transaction under this Act or provision of assistance to
the borrower in connection with any such loan, including sellers
of the real estate involved, borrowers, closing agents, title
companies, real estate agents, mortgage brokers, appraisers,
loan correspondents, and dealers for—
‘‘(A) submission to the Secretary of information that
was false, in connection with any mortgage insured under
this Act, or any loan that is covered by a contract of
insurance under title I of this Act;
‘‘(B) falsely certifying to the Secretary or submitting
to the Secretary a false certification by another person
or entity; or
‘‘(C) failure by a loan correspondent or dealer to submit
to the Secretary information which is required by regula-
tions or directives in connection with any loan that is
covered by a contract of insurance under title I.’’; and
(3) in paragraph (3), as redesignated, by striking ‘‘or para-
graph (1)(F)’’ and inserting ‘‘or (F), or paragraph (2)(A), (B),
or (C)’’.
(d) CONFORMING AND TECHNICAL AMENDMENTS.—Section 536
of the National Housing Act (12 U.S.C. 1735f–14) is amended—
(1) in subsection (c)(1)(B), by inserting after ‘‘lender’’ the
following: ‘‘or such other person or entity’’;
(2) in subsection (d)(1)—
(A) by inserting ‘‘or such other person or entity’’ after
‘‘lender’’; and
(B) by striking ‘‘part 25’’ and inserting ‘‘parts 24 and
25’’; and
(3) in subsection (e), by inserting ‘‘or such other person
or entity’’ after ‘‘lender’’ each place that term appears.
Part 2—FHA Multifamily Provisions
SEC. 561. CIVIL MONEY PENALTIES AGAINST GENERAL PARTNERS,
OFFICERS, 
DIRECTORS, 
AND 
CERTAIN 
MANAGING
AGENTS OF MULTIFAMILY PROJECTS.
(a) CIVIL MONEY PENALTIES AGAINST MULTIFAMILY MORTGA-
GORS.—Section 537 of the National Housing Act (12 U.S.C. 1735f–
15) is amended—
(1) in subsection (b)(1), by striking ‘‘on that mortgagor’’
and inserting ‘‘on that mortgagor, on a general partner of
a partnership mortgagor, or on any officer or director of a
corporate mortgagor’’;
(2) in subsection (c)—
(A) by striking the subsection heading and inserting
the following:
‘‘(c) OTHER VIOLATIONS.—’’; and
(B) in paragraph (1)—
H. R. 2158—72
(i) by striking ‘‘VIOLATIONS.—The Secretary may’’
and all that follows through the colon and inserting
the following:
‘‘(A) LIABLE PARTIES.—The Secretary may also impose
a civil money penalty under this section on—
‘‘(i) any mortgagor of a property that includes 5
or more living units and that has a mortgage insured,
coinsured, or held pursuant to this Act;
‘‘(ii) any general partner of a partnership mortga-
gor of such property;
‘‘(iii) any officer or director of a corporate mortga-
gor;
‘‘(iv) any agent employed to manage the property
that has an identity of interest with the mortgagor,
with the general partner of a partnership mortgagor,
or with any officer or director of a corporate mortgagor
of such property; or
‘‘(v) any member of a limited liability company
that is the mortgagor of such property or is the general
partner of a limited partnership mortgagor or is a
partner of a general partnership mortgagor.
‘‘(B) VIOLATIONS.—A penalty may be imposed under
this section upon any liable party under subparagraph
(A) that knowingly and materially takes any of the follow-
ing actions:’’;
(ii) in subparagraph (B), as designated by clause
(i), by redesignating the subparagraph designations
(A) through (L) as clauses (i) through (xii), respectively;
(iii) by adding after clause (xii), as redesignated
by clause (ii), the following:
‘‘(xiii) Failure to maintain the premises, accom-
modations, any living unit in the project, and the
grounds and equipment appurtenant thereto in good
repair and condition in accordance with regulations
and requirements of the Secretary, except that nothing
in this clause shall have the effect of altering the
provisions of an existing regulatory agreement or feder-
ally insured mortgage on the property.
‘‘(xiv) Failure, by a mortgagor, a general partner
of a partnership mortgagor, or an officer or director
of a corporate mortgagor, to provide management for
the project that is acceptable to the Secretary pursuant
to regulations and requirements of the Secretary.
‘‘(xv) Failure to provide access to the books,
records, and accounts related to the operations of the
mortgaged property and of the project.’’; and
(iv) in the last sentence, by deleting ‘‘of such agree-
ment’’ and inserting ‘‘of this subsection’’;
(3) in subsection (d)—
(A) in paragraph (1)(B), by inserting after ‘‘mortgagor’’
the following: ‘‘, general partner of a partnership mortgagor,
officer or director of a corporate mortgagor, or identity
of interest agent employed to manage the property’’; and
(B) by adding at the end the following:
‘‘(5) PAYMENT OF PENALTY.—No payment of a civil money
penalty levied under this section shall be payable out of project
income.’’;
H. R. 2158—73
(4) in subsection (e)(1), by deleting ‘‘a mortgagor’’ and
inserting ‘‘an entity or person’’;
(5) in subsection (f), by inserting after ‘‘mortgagor’’ each
place such term appears the following: ‘‘, general partner of
a partnership mortgagor, officer or director of a corporate mort-
gagor, or identity of interest agent employed to manage the
property’’;
(6) by striking the heading of subsection (f) and inserting
the following: ‘‘CIVIL MONEY PENALTIES AGAINST MULTIFAMILY
MORTGAGORS, GENERAL PARTNERS OF PARTNERSHIP MORTGA-
GORS, OFFICERS AND DIRECTORS OF CORPORATE MORTGAGORS,
AND CERTAIN MANAGING AGENTS’’; and
(7) by adding at the end the following:
‘‘(k) IDENTITY OF INTEREST MANAGING AGENT.—In this section,
the terms ‘agent employed to manage the property that has an
identity of interest’ and ‘identity of interest agent’ mean an entity—
‘‘(1) that has management responsibility for a project;
‘‘(2) in which the ownership entity, including its general
partner or partners (if applicable) and its officers or directors
(if applicable), has an ownership interest; and
‘‘(3) over which the ownership entity exerts effective con-
trol.’’.
(b) IMPLEMENTATION.—
(1) PUBLIC COMMENT.—The Secretary shall implement the
amendments made by this section by regulation issued after
notice and opportunity for public comment. The notice shall
seek comments primarily as to the definitions of the terms
‘‘ownership interest in’’ and ‘‘effective control’’, as those terms
are used in the definition of the terms ‘‘agent employed to
manage the property that has an identity of interest’’ and
‘‘identity of interest agent’’.
(2) TIMING.—A proposed rule implementing the amend-
ments made by this section shall be published not later than
1 year after the date of enactment of this Act.
(c) APPLICABILITY OF AMENDMENTS.—The amendments made
by subsection (a) shall apply only with respect to—
(1) violations that occur on or after the effective date of
the final regulations implementing the amendments made by
this section; and
(2) in the case of a continuing violation (as determined
by the Secretary of Housing and Urban Development), any
portion of a violation that occurs on or after that date.
SEC. 562. CIVIL MONEY PENALTIES FOR NONCOMPLIANCE WITH
SECTION 8 HAP CONTRACTS.
(a) BASIC AUTHORITY.—Title I of the United States Housing
Act of 1937 (42 U.S.C. 1437 et seq.) is amended—
(1) by designating the second section designated as section
27 (as added by section 903(b) of Public Law 104–193 (110
Stat. 2348)) as section 28; and
(2) by adding at the end the following:
‘‘SEC. 29. CIVIL MONEY PENALTIES AGAINST SECTION 8 OWNERS.
‘‘(a) IN GENERAL.—
‘‘(1) EFFECT ON OTHER REMEDIES.—The penalties set forth
in this section shall be in addition to any other available
civil remedy or any available criminal penalty, and may be
H. R. 2158—74
imposed regardless of whether the Secretary imposes other
administrative sanctions.
‘‘(2) FAILURE
OF
SECRETARY.—The Secretary may not
impose penalties under this section for a violation, if a material
cause of the violation is the failure of the Secretary, an agent
of the Secretary, or a public housing agency to comply with
an existing agreement.
‘‘(b) VIOLATIONS OF HOUSING ASSISTANCE PAYMENT CONTRACTS
FOR WHICH PENALTY MAY BE IMPOSED.—
‘‘(1) LIABLE PARTIES.—The Secretary may impose a civil
money penalty under this section on—
‘‘(A) any owner of a property receiving project-based
assistance under section 8;
‘‘(B) any general partner of a partnership owner of
that property; and
‘‘(C) any agent employed to manage the property that
has an identity of interest with the owner or the general
partner of a partnership owner of the property.
‘‘(2) VIOLATIONS.—A penalty may be imposed under this
section for a knowing and material breach of a housing assist-
ance payments contract, including the following—
‘‘(A) failure to provide decent, safe, and sanitary hous-
ing pursuant to section 8; or
‘‘(B) knowing or willful submission of false, fictitious,
or fraudulent statements or requests for housing assistance
payments to the Secretary or to any department or agency
of the United States.
‘‘(3) AMOUNT
OF
PENALTY.—The amount of a penalty
imposed for a violation under this subsection, as determined
by the Secretary, may not exceed $25,000 per violation.
‘‘(c) AGENCY PROCEDURES.—
‘‘(1) ESTABLISHMENT.—The Secretary shall issue regula-
tions establishing standards and procedures governing the
imposition of civil money penalties under subsection (b). These
standards and procedures—
‘‘(A) shall provide for the Secretary or other department
official to make the determination to impose the penalty;
‘‘(B) shall provide for the imposition of a penalty only
after the liable party has received notice and the oppor-
tunity for a hearing on the record; and
‘‘(C) may provide for review by the Secretary of any
determination or order, or interlocutory ruling, arising from
a hearing and judicial review, as provided under subsection
(d).
‘‘(2) FINAL ORDERS.—
‘‘(A) IN GENERAL.—If a hearing is not requested before
the expiration of the 15-day period beginning on the date
on which the notice of opportunity for hearing is received,
the imposition of a penalty under subsection (b) shall con-
stitute a final and unappealable determination.
‘‘(B) EFFECT OF REVIEW.—If the Secretary reviews the
determination or order, the Secretary may affirm, modify,
or reverse that determination or order.
‘‘(C) FAILURE TO REVIEW.—If the Secretary does not
review that determination or order before the expiration
of the 90-day period beginning on the date on which the
H. R. 2158—75
determination or order is issued, the determination or order
shall be final.
‘‘(3) FACTORS IN DETERMINING AMOUNT OF PENALTY.—In
determining the amount of a penalty under subsection (b),
the Secretary shall take into consideration—
‘‘(A) the gravity of the offense;
‘‘(B) any history of prior offenses by the violator (includ-
ing offenses occurring before the enactment of this section);
‘‘(C) the ability of the violator to pay the penalty;
‘‘(D) any injury to tenants;
‘‘(E) any injury to the public;
‘‘(F) any benefits received by the violator as a result
of the violation;
‘‘(G) deterrence of future violations; and
‘‘(H) such other factors as the Secretary may establish
by regulation.
‘‘(4) PAYMENT OF PENALTY.—No payment of a civil money
penalty levied under this section shall be payable out of project
income.
‘‘(d) JUDICIAL REVIEW OF AGENCY DETERMINATION.—Judicial
review of determinations made under this section shall be carried
out in accordance with section 537(e) of the National Housing
Act.
‘‘(e) REMEDIES FOR NONCOMPLIANCE.—
‘‘(1) JUDICIAL INTERVENTION.—
‘‘(A) IN GENERAL.—If a person or entity fails to comply
with the determination or order of the Secretary imposing
a civil money penalty under subsection (b), after the deter-
mination or order is no longer subject to review as provided
by subsections (c) and (d), the Secretary may request the
Attorney General of the United States to bring an action
in an appropriate United States district court to obtain
a monetary judgment against that person or entity and
such other relief as may be available.
‘‘(B) FEES
AND
EXPENSES.—Any monetary judgment
awarded in an action brought under this paragraph may,
in the discretion of the court, include the attorney’s fees
and other expenses incurred by the United States in
connection with the action.
‘‘(2) NONREVIEWABILITY
OF
DETERMINATION
OR
ORDER.—
In an action under this subsection, the validity and appropriate-
ness of the determination or order of the Secretary imposing
the penalty shall not be subject to review.
‘‘(f) SETTLEMENT
BY SECRETARY.—The Secretary may com-
promise, modify, or remit any civil money penalty which may be,
or has been, imposed under this section.
‘‘(g) DEPOSIT OF PENALTIES.—
‘‘(1) IN GENERAL.—Notwithstanding any other provision of
law, if the mortgage covering the property receiving assistance
under section 8 is insured or was formerly insured by the
Secretary, the Secretary shall apply all civil money penalties
collected under this section to the appropriate insurance fund
or funds established under this Act, as determined by the
Secretary.
‘‘(2) EXCEPTION.—Notwithstanding any other provision of
law, if the mortgage covering the property receiving assistance
under section 8 is neither insured nor formerly insured by
H. R. 2158—76
the Secretary, the Secretary shall make all civil money penalties
collected under this section available for use by the appropriate
office within the Department for administrative costs related
to enforcement of the requirements of the various programs
administered by the Secretary.
‘‘(h) DEFINITIONS.—In this section—
‘‘(1) the term ‘agent employed to manage the property
that has an identity of interest’ means an entity—
‘‘(A) that has management responsibility for a project;
‘‘(B) in which the ownership entity, including its gen-
eral partner or partners (if applicable), has an ownership
interest; and
‘‘(C) over which such ownership entity exerts effective
control; and
‘‘(2) the term ‘knowing’ means having actual knowledge
of or acting with deliberate ignorance of or reckless disregard
for the prohibitions under this section.’’.
(b) APPLICABILITY.—The amendments made by subsection (a)
shall apply only with respect to—
(1) violations that occur on or after the effective date of
final regulations implementing the amendments made by this
section; and
(2) in the case of a continuing violation (as determined
by the Secretary of Housing and Urban Development), any
portion of a violation that occurs on or after such date.
(c) IMPLEMENTATION.—
(1) REGULATIONS.—
(A) IN GENERAL.—The Secretary shall implement the
amendments made by this section by regulation issued
after notice and opportunity for public comment.
(B) COMMENTS SOUGHT.—The notice under subpara-
graph (A) shall seek comments as to the definitions of
the terms ‘‘ownership interest in’’ and ‘‘effective control’’,
as such terms are used in the definition of the term ‘‘agent
employed to manage such property that has an identity
of interest’’.
(2) TIMING.—A proposed rule implementing the amend-
ments made by this section shall be published not later than
1 year after the date of enactment of this Act.
SEC. 563. EXTENSION OF DOUBLE DAMAGES REMEDY.
Section 421 of the Housing and Community Development Act
of 1987 (12 U.S.C. 1715z–4a) is amended—
(1) in subsection (a)(1)—
(A) in the first sentence, by striking ‘‘Act; or (B)’’ and
inserting the following: ‘‘Act; (B) a regulatory agreement
that applies to a multifamily project whose mortgage is
insured or held by the Secretary under section 202 of
the Housing Act of 1959 (including property subject to
section 202 of such Act as it existed before enactment
of the Cranston-Gonzalez National Affordable Housing Act
of 1990); (C) a regulatory agreement or such other form
of regulatory control as may be imposed by the Secretary
that applies to mortgages insured or held by the Secretary
under section 542 of the Housing and Community Develop-
ment Act of 1992, but not reinsured under section 542
H. R. 2158—77
of the Housing and Community Development Act of 1992;
or (D)’’; and
(B) in the second sentence, by inserting after ‘‘agree-
ment’’ the following: ‘‘, or such other form of regulatory
control as may be imposed by the Secretary,’’;
(2) in subsection (a)(2), by inserting after ‘‘Act,’’ the follow-
ing: ‘‘under section 202 of the Housing Act of 1959 (including
section 202 of such Act as it existed before enactment of the
Cranston-Gonzalez National Affordable Housing Act of 1990)
and under section 542 of the Housing and Community Develop-
ment Act of 1992,’’;
(3) in subsection (b), by inserting after ‘‘agreement’’ the
following: ‘‘, or such other form of regulatory control as may
be imposed by the Secretary,’’;
(4) in subsection (c)—
(A) in the first sentence, by inserting after ‘‘agreement’’
the following: ‘‘, or such other form of regulatory control
as may be imposed by the Secretary,’’; and
(B) in the second sentence, by inserting before the
period the following: ‘‘or, in the case of any project for
which the mortgage is held by the Secretary under section
202 of the Housing Act of 1959 (including property subject
to section 202 of such Act as it existed before enactment
of the Cranston-Gonzalez National Affordable Housing Act
of 1990), to the project or to the Department for use by
the appropriate office within the Department for adminis-
trative costs related to enforcement of the requirements
of the various programs administered by the Secretary,
as appropriate’’; and
(5) in subsection (d), by inserting after ‘‘agreement’’ the
following: ‘‘, or such other form of regulatory control as may
be imposed by the Secretary,’’.
SEC. 564. OBSTRUCTION OF FEDERAL AUDITS.
Section 1516(a) of title 18, United States Code, is amended
by inserting after ‘‘under a contract or subcontract,’’ the following:
‘‘or relating to any property that is security for a mortgage note
that is insured, guaranteed, acquired, or held by the Secretary
of Housing and Urban Development pursuant to any Act adminis-
tered by the Secretary,’’.
Subtitle D—Office of Multifamily Housing
Assistance Restructuring
SEC. 571. ESTABLISHMENT OF OFFICE OF MULTIFAMILY HOUSING
ASSISTANCE RESTRUCTURING.
There is hereby established an office within the Department
of Housing and Urban Development, which shall be known as
the Office of Multifamily Housing Assistance Restructuring.
SEC. 572. DIRECTOR.
(a) APPOINTMENT.—The Office shall be under the management
of a Director, who shall be appointed by the President by and
with the advice and consent of the Senate, from among individuals
who are citizens of the United States and have a demonstrated
understanding of financing and mortgage restructuring for afford-
able multifamily housing. Not later than 60 days after the date
H. R. 2158—78
of the enactment of this Act, the President shall submit to the
Senate a nomination for initial appointment to the position of
Director.
(b) VACANCY.—A vacancy in the position of Director shall be
filled in the manner in which the original appointment was made
under subsection (a).
(c) DEPUTY DIRECTOR.—
(1) IN GENERAL.—The Office shall have a Deputy Director
who shall be appointed by the Director from among individuals
who are citizens of the United States and have a demonstrated
understanding of financing and mortgage restructuring for
affordable multifamily housing.
(2) FUNCTIONS.—The Deputy Director shall have such func-
tions, powers, and duties as the Director shall prescribe. In
the event of the death, resignation, sickness, or absence of
the Director, the Deputy Director shall serve as acting Director
until the return of the Director or the appointment of a succes-
sor pursuant to subsection (b).
SEC. 573. DUTY AND AUTHORITY OF DIRECTOR.
(a) DUTY.—The Secretary shall, acting through the Director,
administer the program of mortgage and rental assistance
restructuring for eligible multifamily housing projects under subtitle
A. During the period before the Director is appointed, the Secretary
may carry out such program.
(b) AUTHORITY.—The Director is authorized to make such deter-
minations, take such actions, issue such regulations, and perform
such functions assigned to the Director under law as the Director
determines necessary to carry out such functions, subject to the
review and approval of the Secretary. The Director shall semiannu-
ally submit a report to the Secretary regarding the activities, deter-
minations, and actions of the Director.
(c) DELEGATION
OF AUTHORITY.—The Director may delegate
to officers and employees of the Office (but not to contractors,
subcontractors, or consultants) any of the functions, powers, and
duties of the Director, as the Director considers appropriate.
(d) INDEPENDENCE IN PROVIDING INFORMATION TO CONGRESS.—
(1) IN
GENERAL.—Notwithstanding subsection (a) or (b),
the Director shall not be required to obtain the prior approval,
comment, or review of any officer or agency of the United
States before submitting to the Congress, or any committee
or subcommittee thereof, any reports, recommendations, testi-
mony, or comments if such submissions include a statement
indicating that the views expressed therein are those of the
Director and do not necessarily represent the views of the
Secretary or the President.
(2) REQUIREMENT.—If the Director determines at any time
that the Secretary is taking or has taken any action that
interferes with the ability of the Director to carry out the
duties of the Director under this Act or that affects the adminis-
tration of the program under subtitle A of this Act in a manner
that is inconsistent with the purposes of this Act, including
any proposed action by the Director, in the discretion of the
Director, that is overruled by the Secretary, the Director shall
immediately report directly to the Committee on Banking and
Financial Services of the House of Representatives and the
Committee on Banking, Housing, and Urban Affairs of the
H. R. 2158—79
Senate regarding such action. Notwithstanding subsection (a)
or (b), any determination or report under this paragraph by
the Director shall not be subject to prior review or approval
of the Secretary.
SEC. 574. PERSONNEL.
(a) OFFICE PERSONNEL.—The Director may appoint and fix
the compensation of such officers and employees of the Office as
the Director considers necessary to carry out the functions of the
Director and the Office. Officers and employees may be paid without
regard to the provisions of chapter 51 and subchapter III of chapter
53 of title 5, United States Code, relating to classification and
General Schedule pay rates.
(b) COMPARABILITY OF COMPENSATION WITH FEDERAL BANKING
AGENCIES.—In fixing and directing compensation under subsection
(a), the Director shall consult with, and maintain comparability
with compensation of officers and employees of the Federal Deposit
Insurance Corporation.
(c) PERSONNEL OF OTHER FEDERAL AGENCIES.—In carrying out
the duties of the Office, the Director may use information, services,
staff, and facilities of any executive agency, independent agency,
or department on a reimbursable basis, with the consent of such
agency or department.
(d) OUTSIDE EXPERTS AND CONSULTANTS.—The Director may
procure temporary and intermittent services under section 3109(b)
of title 5, United States Code.
SEC. 575. BUDGET AND FINANCIAL REPORTS.
(a) FINANCIAL OPERATING PLANS AND FORECASTS.—Before the
beginning of each fiscal year, the Secretary shall submit a copy
of the financial operating plans and forecasts for the Office to
the Director of the Office of Management and Budget.
(b) REPORTS OF OPERATIONS.—As soon as practicable after the
end of each fiscal year and each quarter thereof, the Secretary
shall submit a copy of the report of the results of the operations
of the Office during such period to the Director of the Office of
Management and Budget.
(c) INCLUSION IN PRESIDENT’S BUDGET.—The annual plans, fore-
casts, and reports required under this section shall be included:
(1) in the Budget of the United States in the appropriate form;
and (2) in the congressional justifications of the Department of
Housing and Urban Development for each fiscal year in a form
determined by the Secretary.
SEC. 576. LIMITATION ON SUBSEQUENT EMPLOYMENT.
Neither the Director nor any former officer or employee of
the Office who, while employed by the Office, was compensated
at a rate in excess of the lowest rate for a position classified
higher than GS–15 of the General Schedule under section 5107
of title 5, United States Code, may, during the 2-year period begin-
ning on the date of separation from employment by the Office,
accept compensation from any party (other than a Federal agency)
having any financial interest in any mortgage restructuring and
rental assistance sufficiency plan under subtitle A or comparable
matter in which the Director or such officer or employee had direct
participation or supervision.
H. R. 2158—80
SEC. 577. AUDITS BY GAO.
The Comptroller General shall audit the operations of the Office
in accordance with generally accepted Government auditing stand-
ards. All books, records, accounts, reports, files, and property
belonging to, or used by, the Office shall be made available to
the Comptroller General. Audits under this section shall be con-
ducted annually for the first 2 fiscal years following the date of
the enactment of this Act and as appropriate thereafter.
SEC. 578. SUSPENSION OF PROGRAM BECAUSE OF FAILURE TO
APPOINT DIRECTOR.
(a) IN GENERAL.—If, upon the expiration of the 12-month period
beginning on the date of the enactment of this Act, the initial
appointment to the office of Director has not been made, the
operation of the program under subtitle A shall immediately be
suspended and such provisions shall not have any force or effect
during the period that ends upon the making of such appointment.
(b) INTERIM
APPLICABILITY
OF
DEMONSTRATION
PROGRAM.—
Notwithstanding any other provision of law, during the period
referred to in subsection (a), the Secretary shall carry out sections
211 and 212 of the Departments of Veterans Affairs and Housing
and Urban Development, and Independent Agencies Appropriations
Act, 1997. For purposes of applying such sections pursuant to
the authority under this section, the term ‘‘expiring contract’’ shall
have the meaning given in such sections, except that such term
shall also include any contract for project-based assistance under
section 8 of the United States Housing Act of 1937 that expires
during the period that the program is suspended under subsection
(a).
SEC. 579. TERMINATION.
(a) REPEAL.—Subtitle A (except for section 524) and subtitle
D (except for this section) are repealed effective October 1, 2001.
(b) EXCEPTION.—Notwithstanding the repeal under subsection
(a), the provisions of subtitle A (as in effect immediately before
such repeal) shall apply with respect to projects and programs
for which binding commitments have been entered into under this
Act before October 1, 2001.
(c) TERMINATION
OF DIRECTOR
AND OFFICE.—The Office of
Multifamily Housing Assistance Restructuring and the position of
Director of such Office shall terminate upon September 30, 2001.
(d) TRANSFER OF AUTHORITY.—Effective upon the termination
under subsection (c), any authority and responsibilities assigned
to the Director that remain applicable after such date pursuant
to subsection (b) are transferred to the Secretary.