H. R. 2764—590 
with the State(s), for a formula allocation on behalf of a metropoli-
tan statistical area, to designate the State or States in which 
the metropolitan statistical area is located 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 Development 
shall submit an annual report no later than August 30, 2008 and 
annually thereafter to the House and Senate Committees on Appro-
priations regarding the number 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 President’s formal budget request for fiscal year 
2009, as well as the Department of Housing and Urban Develop-
ment’s congressional budget justifications to be submitted to the 
Committees on Appropriations of the House of Representatives and 
the Senate, shall use the identical account and sub-account struc-
ture provided under this Act. 
SEC. 213. Amounts made available in this Act or previous 
appropriations Acts for tenant-based rental assistance and used 
for non-elderly disabled families or for the Family Unification Pro-
gram shall, to the extent practicable, remain available for each 
such respective purpose upon turn-over. 
SEC. 214. A public housing agency or such other entity that 
administers Federal housing assistance for the Housing Authority 
of the county of Los Angeles, California, the States of Alaska, 
Iowa, and Mississippi shall not be required to include a resident 
of public housing or a recipient 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 required 
under section (2)(b) of such Act. Each public housing agency or 
other entity that administers Federal housing assistance under 
section 8 for the Housing Authority of the county of Los Angeles, 
California and 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, sub-
ject to the conditions listed in subsection (b), for fiscal years 2008 
and 2009, the Secretary of Housing and Urban Development may 
authorize the transfer of some or all project-based assistance, debt 
and statutorily required low-income and very low-income use 
restrictions, associated with one or more multifamily housing project 
to another multifamily housing project or projects. 
(b) The transfer authorized in subsection (a) is subject to the 
following conditions: 
(1) The number of low-income and very low-income units 
and the net dollar amount of Federal assistance provided by 
the transferring project shall remain the same in the receiving 
project or projects.
H. R. 2764—591 
(2) The transferring project shall, as determined by the 
Secretary, be either physically obsolete or economically non- 
viable. 
(3) The receiving project or projects shall meet or exceed 
applicable physical standards established by the Secretary. 
(4) The owner or mortgagor of the transferring project 
shall notify and consult with the tenants residing in the 
transferring project and provide a certification of approval by 
all appropriate local governmental officials. 
(5) The tenants of the transferring project who remain 
eligible for assistance to be provided by the receiving project 
or projects shall not be required to vacate their units in the 
transferring project or projects 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 receiving project 
or projects meets the condition specified in subsection (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 requirements of 
subsection (c)(2)(E), the owner or mortgagor of the receiving 
project or projects 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 existing 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. 
(10) The Secretary determines that Federal liability with 
regard to this project will not be increased. 
(c) For purposes of this section— 
(1) the terms ‘‘low-income’’ and ‘‘very low-income’’ shall 
have the meanings provided by the statute 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 conditions— 
(A) housing that is subject to a mortgage insured under 
the National Housing Act; 
(B) housing that has project-based assistance attached 
to the structure including projects undergoing mark to 
market debt restructuring 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 National Affordable Housing Act; 
(D) housing that is assisted under section 202 of the 
Housing Act of 1959, as such section existed before the 
enactment of the Cranston-Gonzales National Affordable 
Housing Act; or 
(E) housing or vacant land that is subject to a use 
agreement;
H. R. 2764—592 
(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 assistance provided under section 
8(b)(2) of such Act (as such section existed immediately 
before October 1, 1983); 
(C) rent supplement payments under section 101 of 
the Housing and Urban Development Act of 1965; 
(D) interest reduction payments under section 236 and/ 
or additional assistance payments under section 236(f)(2) 
of the National Housing Act; and 
(E) assistance payments made under section 202(c)(2) 
of the Housing Act of 1959; 
(4) the term ‘‘receiving project or projects’’ means the multi-
family housing project or projects to which some or all of 
the project-based assistance, debt, and statutorily required use 
low-income and very low-income restrictions are to be trans-
ferred; 
(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-income use restrictions to the receiving project 
or projects; and 
(6) the term ‘‘Secretary’’ means the Secretary of Housing 
and Urban Development. 
SEC. 216. The funds made available for Native Alaskans 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. No funds provided under this title may be used 
for an audit of the Government National Mortgage Association 
that makes applicable requirements under the Federal Credit 
Reform Act of 1990 (2 U.S.C. 661 et seq.). 
SEC. 218. (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 assist-
ance 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 financial 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
H. R. 2764—593 
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, except for a person over 
the age of 23 with dependent children. 
(c) Not later than 30 days after the date of enactment of 
this Act, the Secretary of Housing and Urban Development shall 
issue final regulations to carry out the provisions of this section. 
SEC. 219. 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, insure and enter into commitments to 
insure mortgages under section 255 of the National Housing Act 
(12 U.S.C. 1715z–20). 
SEC. 220. Notwithstanding any other provision of law, in fiscal 
year 2008, in managing and disposing of any multifamily property 
that is owned or has a mortgage held by the Secretary of Housing 
and Urban Development, the Secretary shall maintain any rental 
assistance payments under section 8 of the United States Housing 
Act of 1937 and other programs that are attached 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 property owned or held by the Secretary is 
not feasible for continued 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 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, 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 contracts remain in effect prior to 
foreclosure, subject to the exercise of contractual abatement rem-
edies to assist relocation of tenants for imminent major threats 
to health and safety. 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. 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), 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 inserting ‘‘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 geo-
graphical area where the Secretary finds that cost levels so 
require and by not to exceed 170 percent, or 215 percent in