shall provide an opportunity for public
comment on such proposed revised stand-
ard and any such comments shall be sub-
mitted directly to the consensus committee
without delay.
‘‘(ii) PUBLICATION
OF
REJECTED
PROPOSED
REVISED
STANDARD.—If the
Secretary rejects the proposed revised
standard, the Secretary shall publish the
rejected proposed revised standard in the
Federal Register with the reasons for re-
jection and any recommended modifica-
tions set forth.
‘‘(C) PRESENTATION
OF
PUBLIC
COM-
MENTS; PUBLICATION OF RECOMMENDED REVI-
SIONS.—
‘‘(i) 
PRESENTATION.—Any 
public
comments, views, and objections to a pro-
posed revised standard published under
subparagraph (B) shall be presented by
the Secretary to the consensus committee
upon their receipt and in the manner re-
ceived, in accordance with procedures es-
tablished by the American National Stand-
ards Institute.
‘‘(ii) PUBLICATION
BY
THE
SEC-
RETARY.—The consensus committee shall
provide to the Secretary any revisions pro-
posed by the consensus committee, which
the Secretary shall, not later than 7 cal-
endar days after receipt, cause to be pub-
lished in the Federal Register as a notice
of the recommended revisions of the con-
sensus committee to the standard, a notice
of the submission of the recommended re-
visions to the Secretary, and a description
of the circumstances under which the pro-
posed revised standards could become ef-
fective.
‘‘(iii) PUBLICATION
OF
REJECTED
PROPOSED
REVISED
STANDARD.—If the
Secretary rejects the proposed revised
standard, the Secretary shall publish the
rejected proposed revised standard in the
Federal Register with the reasons for re-
jection and any recommended modifica-
tions set forth.
‘‘(5) REVIEW BY THE SECRETARY.—
‘‘(A) IN
GENERAL.—The Secretary shall
either adopt, modify, or reject a standard, as
submitted by the consensus committee under
paragraph (4)(A).
‘‘(B) TIMING.—Not later than 12 months
after the date on which a standard is submitted
to the Secretary by the consensus committee,
the Secretary shall take action regarding such
standard under subparagraph (C).
‘‘(C) PROCEDURES.—If the Secretary—
‘‘(i) adopts a standard recommended
by the consensus committee, the Secretary
shall—
‘‘(I) issue a final order without
further rulemaking; and
‘‘(II) cause the final order to be
published in the Federal Register;
‘‘(ii) determines that any standard
should be rejected, the Secretary shall—
‘‘(I) reject the standard; and
‘‘(II) cause to be published in the
Federal Register a notice to that ef-
fect, together with the reason or rea-
sons for rejecting the proposed stand-
ard; or
‘‘(iii) determines that a standard rec-
ommended by the consensus committee
should be modified, the Secretary shall—
‘‘(I) cause the proposed modified
standard to be published in the Fed-
eral Register, together with an expla-
nation of the reason or reasons for the
determination of the Secretary; and
‘‘(II) provide an opportunity for
public comment in accordance with
section 553 of title 5, United States
Code.
‘‘(D) FINAL ORDER.—Any final standard
under this paragraph shall become effective
pursuant to subsection (c).
‘‘(6) FAILURE TO ACT.—If the Secretary fails
to take final action under paragraph (5) and to pub-
lish notice of the action in the Federal Register be-
fore the expiration of the 12-month period beginning
on the date on which the proposed standard is sub-
mitted to the Secretary under paragraph (4)(A)—
‘‘(A) the recommendations of the consen-
sus committee—
‘‘(i) shall be considered to have been
adopted by the Secretary; and
‘‘(ii) shall take effect upon the expira-
tion of the 180-day period that begins
upon the conclusion of such 12-month pe-
riod; and
‘‘(B) not later than 10 days after the expi-
ration of such 12-month period, the Secretary
shall cause to be published in the Federal Reg-
ister a notice of the failure of the Secretary to
act, the revised standard, and the effective date
of the revised standard, which notice shall be
deemed to be an order of the Secretary approv-
ing the revised standards proposed by the con-
sensus committee.
‘‘(b) OTHER ORDERS.—
‘‘(1) REGULATIONS.—The Secretary may issue
procedural and enforcement regulations as necessary
to implement the provisions of this title. The consen-
sus committee may submit to the Secretary proposed
procedural and enforcement regulations and rec-
ommendations for the revision of such regulations.
‘‘(2) INTERPRETATIVE BULLETINS.—The Sec-
retary may issue interpretative bulletins to clarify
the meaning of any Federal manufactured home
construction and safety standard or procedural and
enforcement regulation. The consensus committee
may submit to the Secretary proposed interpretative
bulletins to clarify the meaning of any Federal man-
ufactured home construction and safety standard or
procedural and enforcement regulation.
‘‘(3) REVIEW BY CONSENSUS COMMITTEE.—Be-
fore issuing a procedural or enforcement regulation
or an interpretative bulletin—
‘‘(A) the Secretary shall—
‘‘(i) submit the proposed procedural
or enforcement regulation or interpretative
bulletin to the consensus committee; and
‘‘(ii) provide the consensus committee
with a period of 120 days to submit writ-
ten comments to the Secretary on the pro-
posed procedural or enforcement regulation
or the interpretative bulletin; and
‘‘(B) if the Secretary rejects any signifi-
cant comment provided by the consensus com-
mittee under subparagraph (A), the Secretary
shall provide a written explanation of the rea-
sons for the rejection to the consensus commit-
tee; and
‘‘(C) following compliance with subpara-
graphs (A) and (B), the Secretary shall—
‘‘(i) cause the proposed regulation or
interpretative bulletin and the consensus
committee’s written comments along with
the Secretary’s response thereto to be pub-
lished in the Federal Register; and
‘‘(ii) provide an opportunity for public
comment in accordance with section 553 of
title 5, United States Code.
‘‘(4) REQUIRED ACTION.—The Secretary shall
act on any proposed regulation or interpretative bul-
letin submitted by the consensus committee by ap-
proving or rejecting the proposal within 120 days
from the date the proposal is received by the Sec-
retary. The Secretary shall either—
‘‘(A) approve the proposal and cause the
proposed regulation or interpretative bulletin to
be published for public comment in accordance
with section 553 of title 5, United States Code;
or
‘‘(B) reject the proposed regulation or in-
terpretative bulletin and—
‘‘(i) provide a written explanation of
the reasons for rejection to the consensus
committee; and
‘‘(ii) cause the proposed regulation
and the written explanation for the rejec-
tion to be published in the Federal Reg-
ister.
‘‘(5) EMERGENCY
ORDERS.—If the Secretary
determines, in writing, that such action is necessary
in order to respond to an emergency which jeopard-
izes the public health or safety, or to address an
issue on which the Secretary determines that the
consensus committee has not made a timely rec-
ommendation, following a request by the Secretary,
the Secretary may issue an order that is not devel-
oped under the procedures set forth in subsection
(a) or in this subsection, if the Secretary—
‘‘(A) provides to the consensus committee
a written description and sets forth the reasons
why emergency actions is necessary and all sup-
porting documentation; and
‘‘(B) issues and publishes the order in the
Federal Register.
‘‘(6) CHANGES.—Any statement of policies,
practices, or procedures relating to construction and
safety standards, inspections, monitoring, or other
enforcement activities which constitutes a statement
of general or particular applicability and future off-
set and decisions to implement, interpret, or pre-
scribe law of policy by the Secretary is subject to the
provisions of subsection (a) or (b) of this subsection.
Any change adopted in violation of the provisions of
subsection (a) or (b) of this subsection is void.’’;
‘‘(7) TRANSITION.—Until the date that the con-
sensus committee is appointed pursuant to section
704(a)(3), the Secretary may issue proposed orders
that are not developed under the procedures set
forth in this section for new and revised standards.
(2) in subsection (d), by adding at the end the
following: ‘‘Federal preemption under this subsection
shall be broadly and liberally construed to ensure
that disparate State or local requirements or stand-
ards do not affect the uniformity and comprehen-
siveness of the standards promulgated hereunder.
(3) by striking subsection (e);
(4) in subsection (f), by striking the matter pre-
ceding paragraph (1) and inserting the following:
‘‘(e) CONSIDERATIONS IN ESTABLISHING AND IN-
TERPRETING STANDARDS AND REGULATIONS.—The con-
sensus committee, in recommending standards, regula-
tions, and interpretations, and the Secretary, in establish-
ing standards or regulations, or issuing interpretations
under this section, shall—’’;
(5) by striking subsection (g);
(6) in the first sentence of subsection (j), by
striking ‘‘subsection (f)’’ and inserting ‘‘subsection
(e)’’; and
(7) by redesignating subsections (h), (i), and
(j), as subsections (f), (g), and (h), respectively.
SEC. 605. ABOLISHMENT OF NATIONAL MANUFACTURED
HOME ADVISORY COUNCIL.
Section 605 (42 U.S.C. 5404) is hereby repealed.
SEC. 606. PUBLIC INFORMATION.
Section 607 (42 U.S.C. 5406) is amended—
(1) in subsection (a)—
(A) by inserting ‘‘to the Secretary’’ after
‘‘submit’’; and
(B) by adding at the end the following:
‘‘The Secretary shall submit such cost and
other information to the consensus committee
for evaluation.’’;
(2) in subsection (d), by inserting ‘‘, the con-
sensus committee,’’ after ‘‘public’’; and
(3) by striking subsection (c) and redesignating
subsections (d) and (e) as subsections (c) and (d),
respectively.
SEC. 607. RESEARCH, TESTING, DEVELOPMENT, AND TRAIN-
ING.
(a) IN
GENERAL.—Section 608(a) (42 U.S.C.
5407(a)) is amended—
(1) in paragraph (2), by striking ‘‘and’’ at the
end;
(2) in paragraph (3), by striking the period at
the end and inserting a semicolon; and
(3) by adding at the end the following new
paragraphs:
‘‘(4) encouraging the government sponsored
housing entities to actively develop and implement
secondary market securitization programs for FHA
manufactured home loans and those of other loan
programs, as appropriate, thereby promoting the
availability of affordable manufactured homes to in-
crease homeownership for all people in the United
States; and
‘‘(5) reviewing the programs for FHA manufac-
tured home loans and developing any changes to
such programs to promote the affordability of manu-
factured homes, including changes in loan terms,
amortization periods, regulations, and procedures.’’.
(b) DEFINITIONS.—Section 608 (42 U.S.C. 5407) is
amended by adding at the end the following new sub-
section:
‘‘(c) DEFINITIONS.—For purposes of this section, the
following definitions shall apply:
‘‘(1) GOVERNMENT SPONSORED HOUSING ENTI-
TIES.—The term ‘government sponsored housing en-
tities’ means the Government National Mortgage As-
sociation of the Department of Housing and Urban
Development, the Federal National Mortgage Asso-
ciation, and the Federal Home Loan Mortgage Cor-
poration.
‘‘(2) FHA MANUFACTURED HOME LOANS.—The
term ‘FHA manufactured home loan’ means a loan
that—
‘‘(A) is insured under title I of the Na-
tional Housing Act and is made for the purpose
of financing alterations, repairs, or improve-
ments on or in connection with an existing
manufactured home, the purchase of a manu-
factured home, the purchase of a manufactured
home and a lot on which to place the home, or
the purchase only of a lot on which to place a
manufactured home; or
‘‘(B) otherwise insured under the National
Housing Act and made for or in connection
with a manufactured home.’’.
SEC. 608. FEES.
Section 620 (42 U.S.C. 5419) is amended to read as
follows:
‘‘AUTHORITY TO ESTABLISH FEES
‘‘SEC. 620. (a) IN GENERAL.—In carrying out in-
spections under this title, in developing standards and reg-
ulations pursuant to section 604, and in facilitating the
acceptance of the affordability and availability of manufac-
tured housing within the Department, the Secretary
may—
‘‘(1) establish and collect from manufactured
home manufacturers such reasonable fees as may be
necessary to offset the expenses incurred by the Sec-
retary in connection with carrying out the respon-
sibilities of the Secretary under this title, includ-
ing—
‘‘(A) conducting inspections and monitor-
ing;
‘‘(B) providing funding to States for the
administration and implementation of approved
State plans under section 623, including rea-
sonable funding for cooperative educational and
training programs designed to facilitate uniform
enforcement under this title; these funds may
be paid directly to the States or may be paid
or provided to any person or entity designated
to receive and disburse such funds by coopera-
tive agreements among participating States,
provided that such person or entity is not other-
wise an agent of the Secretary under this title;
‘‘(C) providing the funding for a noncareer
administrator and Federal staff personnel for
the manufactured housing program;
‘‘(D) administering the consensus commit-
tee as set forth in section 604; and
‘‘(E) facilitating the acceptance of the
quality, durability, safety, and affordability of
manufactured housing within the Department;
and
‘‘(2) use any fees collected under paragraph (1)
to pay expenses referred to in paragraph (1), which
shall be exempt and separate from any limitations
on the Department of Housing and Urban Develop-
ment regarding full-time equivalent positions and
travel.
‘‘(b) When using fees under this section, the Sec-
retary shall ensure that separate and independent contrac-
tors are retained to carry out monitoring and inspection
work and any other work that may be delegated to a con-
tractor under this title.
‘‘(c) PROHIBITED USE.—Fees collected under sub-
section (a) shall not be used for any purpose or activity
not specifically authorized by this title unless such activity
was already engaged in by the Secretary prior to the date
of enactment of this title.
‘‘(d) MODIFICATION.—Any fee established by the
Secretary under this section shall only be modified pursu-
ant to rulemaking in accordance with section 553 of title
5, United States Code.
‘‘(e) APPROPRIATION AND DEPOSIT OF FEES.—
‘‘(1) IN GENERAL.—There is established in the
Treasury of the United States a fund to be known
as the ‘Manufactured Housing Fees Trust Fund’ for
deposit of all fees collected pursuant to subsection
(a). These fees shall be held in trust for use only as
provided in this title.
‘‘(2) APPROPRIATION.—Such fees shall be avail-
able for expenditure only to the extent approved in
an annual appropriation Act.’’.
SEC. 609. ELIMINATION OF ANNUAL REPORT REQUIRE-
MENT.
The National Manufactured Housing Construction
and Safety Standards Act of 1974 is amended—
(1) by striking section 626 (42 U.S.C. 5425);
and
(2) by redesignating sections 627 and 628 (42
U.S.C. 5426, 5401 note) as sections 626 and 627,
respectively.
SEC. 610. EFFECTIVE DATE.
The amendments made by this title shall take effect
on the date of enactment of this Act, except that the
amendments shall have no effect on any order or interpre-
tive bulletin that is published as a proposed rule pursuant
to section 553 of title 5, United States Code, on or before
such date.
SEC. 611. SAVINGS PROVISION.
(a) STANDARDS AND REGULATIONS.—The Federal
manufactured home construction and safety standards (as
such term is defined in section 603 of the National Manu-
factured Housing Construction and Safety Standards Act
of 1974) and all regulations pertaining thereto in effect
immediately before the date of the enactment of this Act
shall apply until the effective date of a standard or regula-
tion modifying or superseding the existing standard or
regulation which is promulgated under subsection (a) or
(b) of section 604 of the National Manufactured Housing
Construction and Safety Standards Act of 1974, as
amended by this title.
(b) CONTRACTS.—Any contract awarded pursuant to
a Request for Proposal issued before the date of enact-
ment of this Act shall remain in effect for a period of 2
years from the date of enactment of this Act or for the
remainder of the contract term, whichever period is short-
er.
TITLE VII—INDIAN HOUSING
HOMEOWNERSHIP
SEC. 701. INDIAN LANDS TITLE REPORT COMMISSION.
(a) ESTABLISHMENT.—Subject to sums being pro-
vided in advance in appropriations Acts, there is estab-
lished a Commission to be known as the Indian Lands
Title Report Commission (hereafter in this section re-
ferred to as the ‘‘Commission’’).
(b) MEMBERSHIP.—
(1) APPOINTMENT.—The Commission shall be
composed of 12 members, appointed not later than
90 days after the date of the enactment of this Act
as follows:
(A) 4 members shall be appointed by the
President.
(B) 4 members shall be appointed by the
Chairman of the Committee on Banking and
Financial Services of the House of Representa-
tives.
(C) 4 members shall be appointed by the
Chairman of the Committee on Banking, Hous-
ing, and Urban Affairs of the Senate.
(2) QUALIFICATIONS.—
(A) MEMBERS OF TRIBES.—At all times,
not less than 7 of the members of the Commis-
sion shall be members of federally recognized
Indian tribes.
(B) EXPERIENCE
IN
LAND
TITLE
MAT-
TERS.—All members of the Commission shall
have experience in and knowledge of land title
matters relating to Indian trust lands.
(3) CHAIRMAN.—The Chairman of the Commis-
sion shall be one of the members of the Commission
appointed under paragraph (1)(C), as elected by the
members of the Commission.
(4) VACANCIES.—Any vacancy on the Commis-
sion shall not affect its powers, but shall be filled in
the manner in which the original appointment was
made.
(5) TRAVEL EXPENSES.—Members of the Com-
mission shall serve without pay, but each member
shall receive travel expenses, including per diem in
lieu of subsistence, in accordance with sections 5702
and 5703 of title 5, United States Code.
(c) FUNCTIONS.—The Commission shall analyze the
system of the Bureau of Indian Affairs of the Department
of the Interior for maintaining land ownership records and
title documents and issuing certified title status reports
relating to Indian trust lands and, pursuant to such analy-
sis, determine how best to improve or replace the system—
(1) to ensure prompt and accurate responses to
requests for title status reports;
(2) to eliminate any backlog of requests for title
status reports; and
(3) to ensure that the administration of the sys-
tem will not in any way impair or restrict the ability
of Native Americans to obtain conventional loans for
purchase of residences located on Indian trust lands,
including any actions necessary to ensure that the
system will promptly be able to meet future demands
for certified title status reports, taking into account
the anticipated complexity and volume of such re-
quests.
(d) REPORT.—Not later than the date of the termi-
nation of the Commission under subsection (g), the Com-
mission shall submit a report to the Committee on Bank-
ing and Financial Services of the House of Representa-
tives and the Committee on Banking, Housing, and Urban
Affairs of the Senate describing the analysis and deter-
minations made under subsection (c).
(e) POWERS.—
(1) HEARINGS AND SESSIONS.—The Commis-
sion may, for the purpose of carrying out this sec-
tion, hold hearings, sit and act at times and places,
take testimony, and receive evidence as the Commis-
sion considers appropriate.
(2) STAFF OF FEDERAL AGENCIES.—Upon re-
quest of the Commission, the head of any Federal
department or agency may detail, on a reimbursable
basis, any of the personnel of that department or
agency to the Commission to assist it in carrying out
its duties under this section.
(3) OBTAINING OFFICIAL DATA.—The Commis-
sion may secure directly from any department or
agency of the United States information necessary
to enable it to carry out this section. Upon request
of the Chairperson of the Commission, the head of
that department or agency shall furnish that infor-
mation to the Commission.
(4) MAILS.—The Commission may use the
United States mails in the same manner and under
the same conditions as other departments and agen-
cies of the United States.
(5) ADMINISTRATIVE
SUPPORT
SERVICES.—
Upon the request of the Commission, the Adminis-
trator of General Services shall provide to the Com-
mission, on a reimbursable basis, the administrative
support services necessary for the Commission to
carry out its responsibilities under this section.
(6) STAFF.—The Commission may appoint per-
sonnel as it considers appropriate, subject to the
provisions of title 5, United States Code, governing
appointments in the competitive service, and shall
pay such personnel in accordance with the provisions
of chapter 51 and subchapter III of chapter 53 of
that title relating to classification and General
Schedule pay rates.
(f) AUTHORIZATION OF APPROPRIATIONS.—To carry
out this title, there is authorized to be appropriated
$500,000. Such sums shall remain available until ex-
pended.
(g) TERMINATION.—The Commission shall terminate
upon the expiration of the 1-year period beginning upon
the completion of the appointment of all the members of
the Commission under subsection (b)(1).
TITLE VIII—TRANSFER OF UN-
OCCUPIED 
AND 
SUB-
STANDARD HUD-HELD HOUS-
ING 
TO 
LOCAL 
GOVERN-
MENTS AND COMMUNITY DE-
VELOPMENT CORPORATIONS
SEC. 801. TRANSFER OF UNOCCUPIED AND SUBSTANDARD
HUD-HELD HOUSING TO LOCAL GOVERN-
MENTS 
AND 
COMMUNITY 
DEVELOPMENT
CORPORATIONS.
Section 204 of the Departments of Veterans Affairs
and Housing and Urban Development, and Independent
Agencies Appropriations Act, 1997 (12 U.S.C. 1715z–
11a) is amended—
(1) by striking ‘‘FLEXIBLE AUTHORITY’’ and
inserting ‘‘DISPOSITION
OF HUD-OWNED PROP-
ERTIES. (a) FLEXIBLE AUTHORITY FOR MULTIFAM-
ILY PROJECTS.—’’; and
(2) by adding at the end the following new sub-
section:
‘‘(b) TRANSFER OF UNOCCUPIED AND SUBSTANDARD
HOUSING
TO LOCAL GOVERNMENTS
AND COMMUNITY
DEVELOPMENT CORPORATIONS.—
‘‘(1) TRANSFER AUTHORITY.—Notwithstanding
the authority under subsection (a) and the last sen-
tence of section 204(g) of the National Housing Act
(12 U.S.C. 1710(g)), the Secretary of Housing and
Urban Development shall, to the maximum extent
practicable (in the determination of the Secretary),
transfer ownership of any qualified HUD property
to a unit of general local government having juris-
diction for the area in which the property is located
or to a community development corporation which
operates within such a unit of general local govern-
ment in accordance with this subsection, but only in
the determination of the Secretary—
‘‘(A) to the extent that units of general
local government and community development
corporations consent to transfer;
‘‘(B) in the case of single family property,
to the extent that costs to the Federal Govern-
ment under this subsection do not exceed the
costs to the Federal Government of disposing of
similar property under the procedures for single
family property under section 204 of the Na-
tional Housing Act (12 U.S.C. 1710) (as added
by sections 601 and 602 of the Departments of
Veterans Affairs and Housing and Urban De-
velopment, and Independent Agencies Appro-
priations Act, 1999), or under such other proce-
dures as are in effect immediately before the
enactment of this title, as applicable; and
‘‘(C) in the case of multifamily property, to
the extent that costs to the Federal Govern-
ment under this subsection do not exceed the
costs to the Federal Government of disposing of
similar property under the procedures for dis-
position of such properties as are in effect im-
mediately before the enactment of this title.
‘‘(2) QUALIFIED HUD PROPERTIES.—For pur-
poses of this subsection, the term ‘qualified HUD
property’ means any property that is owned by the
Secretary and is—
‘‘(A) an unoccupied multifamily housing
project;
‘‘(B) a substandard multifamily housing
project; or
‘‘(C) an unoccupied single family property
that—
‘‘(i) has been determined by the Sec-
retary not to be an eligible property under
section 204(h) of the National Housing
Act (12 U.S.C. 1710(h)); or
‘‘(ii) is an eligible property under such
section 204(h), but—
‘‘(I) is not subject to a specific
sale agreement under such section;
and
‘‘(II) has been determined by the
Secretary to be inappropriate for con-
tinued inclusion in the program under
such section 204(h) pursuant to para-
graph (10) of such section.
‘‘(3) TIMING.—The Secretary shall establish
procedures that provide for—
‘‘(A) time deadlines for transfers under
this subsection;
‘‘(B) notification to units of general local
government and community development cor-
porations of qualified HUD properties in their
jurisdictions;
‘‘(C) such units and corporations to ex-
press interest in the transfer under this sub-
section of such properties;
‘‘(D) a right of first refusal for transfer of
qualified HUD properties to such units and cor-
porations, under which that the Secretary shall
accept an offer to purchase such a property
made by such a unit or corporation during a
period established by the Secretary, but in the
case of an offer made by a community develop-
ment corporation only if the offer provides for
purchase on a cost recovery basis; and
‘‘(E) a written explanation, to any unit of
general local government or community develop-
ment corporation making an offer to purchase
a qualified HUD property under this subsection
that is not accepted, of such offer was not ac-
ceptable.
‘‘(4) OTHER
DISPOSITION.—With respect to
any qualified HUD property, if the Secretary does
not receive an acceptable offer to purchase the prop-
erty pursuant to the procedure established under
paragraph (3), the Secretary shall dispose of the
property to the unit of general local government in
which property is located or to community develop-
ment corporations located in such unit of general
local government on a negotiated, competitive bid, or
other basis, on such terms as the Secretary deems
appropriate.
‘‘(5) SATISFACTION
OF
INDEBTEDNESS.—Be-
fore transferring ownership of any qualified HUD
property pursuant to this subsection, the Secretary
shall satisfy any indebtedness incurred in connection
with the property to be transferred, by canceling the
indebtedness.
‘‘(6) DETERMINATION
OF
STATUS
OF
PROP-
ERTIES.—To ensure compliance with the require-
ments of this subsection, the Secretary shall take the
following actions:
‘‘(A) UPON ENACTMENT.—Upon the enact-
ment of the American Homeownership Act of
1998, the Secretary shall promptly assess each
residential property owned by the Secretary to
determine whether such property is a qualified
HUD property.
‘‘(B) UPON ACQUISITION.—Upon acquiring
any residential property, the Secretary shall
promptly determine whether the property is a
qualified HUD property.
‘‘(C) UPDATES.—The Secretary shall peri-
odically reassess the residential properties
owned by the Secretary to determine whether
any such properties have become qualified
HUD properties.
‘‘(7) TENANT LEASES.—This subsection shall
not affect the terms or the enforceability of any con-
tract or lease entered into with respect to any resi-
dential property before the date that such property
becomes a qualified HUD property.
‘‘(8) USE OF PROPERTY.—Property transferred
under this subsection shall be used only for appro-
priate neighborhood revitalization efforts, including
homeownership, rental units, commercial space, and
parks, consistent with local zoning regulations, local
building codes, and subdivision regulations and re-
strictions of record.
‘‘(9) INAPPLICABILITY
TO
PROPERTIES
MADE
AVAILABLE FOR HOMELESS.—Notwithstanding any
other provision of this subsection, this subsection
shall not apply to any properties that the Secretary
determines are to be made available for use by the
homeless pursuant to subpart E of part 291 of title
24, Code of Federal Regulations, during the period
that the properties are so available.
‘‘(10) PROTECTION OF EXISTING CONTRACTS.—
This subsection may not be construed to alter, af-
fect, or annul any legally binding obligations entered
into with respect to a qualified HUD property before
the property becomes a qualified HUD property.
‘‘(11) DEFINITIONS.—For purposes of this sub-
section, the following definitions shall apply:
‘‘(A) COMMUNITY
DEVELOPMENT
COR-
PORATION.—The term ‘community development
corporation’ means a nonprofit organization
whose primary purpose is to promote commu-
nity development by providing housing opportu-
nities for low-income families.
‘‘(B) COST RECOVERY BASIS.—The term
‘cost recovery basis’ means, with respect to any
sale of a residential property by the Secretary,
that the purchase price paid by the purchaser
is equal to or greater than or equal to the costs
incurred by the Secretary in connection with
such property during the period beginning on
the date on which the Secretary acquires title to
the property and ending on the date on which
the sale is consummated.
‘‘(C) MULTIFAMILY HOUSING PROJECT.—
The term ‘multifamily housing project’ has the
meaning given the term in section 203 of the
Housing and Community Development Amend-
ments of 1978.
‘‘(D) RESIDENTIAL PROPERTY.—The term
‘residential property’ means a property that is
a multifamily housing project or a single family
property.
‘‘(E) SECRETARY.—The term ‘Secretary’
means the Secretary of Housing and Urban De-
velopment.
‘‘(F) SEVERE PHYSICAL PROBLEMS.—The
term ‘severe physical problems’ means, with re-
spect to a dwelling unit, that the unit—
‘‘(i) lacks hot or cold piped water, a
flush toilet, or both a bathtub and a show-
er in the unit, for the exclusive use of that
unit;
‘‘(ii) on not less than 3 separate occa-
sions during the preceding winter months,
was uncomfortably cold for a period of
more than 6 consecutive hours due to a
malfunction of the heating system for the
unit;
‘‘(iii) has no functioning electrical
service, exposed wiring, any room in which
there is not a functioning electrical outlet,
or has experienced 3 or more blown fuses
or tripped circuit breakers during the pre-
ceding 90-day period;
‘‘(iv) is accessible through a public
hallway in which there are no working
light fixtures, loose or missing steps or
railings, and no elevator; or
‘‘(v) has severe maintenance problems,
including water leaks involving the roof,
windows, doors, basement, or pipes or
plumbing fixtures, holes or open cracks in
walls or ceilings, severe paint peeling or
broken plaster, and signs of rodent infesta-
tion.
‘‘(G) SINGLE
FAMILY
PROPERTY.—The
term ‘single family property’ means a 1- to 4-
family residence.
‘‘(H) SUBSTANDARD.—The term ‘sub-
standard’ means, with respect to a multifamily
housing project, that 25 percent or more of the
dwelling units in the project have severe phys-
ical problems.
‘‘(I) UNIT OF GENERAL LOCAL GOVERN-
MENT.—The term ‘unit of general local govern-
ment’ has the meaning given such term in sec-
tion 102(a) of the Housing and Community De-
velopment Act of 1974.
‘‘(J) UNOCCUPIED.—The term ‘unoccu-
pied’ means, with respect to a residential prop-
erty, that the unit of general local government
having jurisdiction over the area in which the
project is located has certified in writing that
the property is not inhabited.
‘‘(12) REGULATIONS.—
‘‘(A) INTERIM.—Not later than 30 days
after the date of the enactment of the American
Homeownership Act of 1998, the Secretary
shall issue such interim regulations as are nec-
essary to carry out this subsection.
‘‘(B) FINAL.—Not later than 60 days after
the date of the enactment of the American
Homeownership Act of 1998, the Secretary
shall issue such final regulations as are nec-
essary to carry out this subsection.’’.
SEC. 802. AMENDMENT TO REVITALIZATION AREA DISPOSI-
TION PROGRAM.
Effective immediately after the enactment of the De-
partments of Veterans Affairs and Housing and Urban
Development, and Independent Agencies Appropriations
Act, 1999, section 204(h) of the National Housing Act
(12 U.S.C. 1710(h)) (as added by section 602(2) of such
Act) is amended—
(1) by redesignating paragraph (10) as para-
graph (11); and
(2) by inserting after paragraph (9) the follow-
ing new paragraph:
‘‘(10) PROPERTIES FOR WHICH NO INTEREST IS
EXPRESSED.—Notwithstanding any other provision
of this subsection, if the Secretary determines that
continued inclusion of an eligible property in the
program under this subsection is inappropriate be-
cause of a failure over time of any prospective pur-
chasers to express interest in purchasing the prop-
erty or in entering into a sale agreement covering
properties in the area in which the property is lo-
cated, the Secretary may determine that such prop-
erty shall be subject to the provisions of section
204(b) of the Departments of Veterans Affairs and
Housing and Urban Development, and Independent
Agencies Appropriations Act, 1999 (12 U.S.C.
1715z–11a(b)).’’.
SEC. 803. REPORT ON REVITALIZATION ZONES FOR HUD-
OWNED SINGLE FAMILY PROPERTIES.
Not later than 6 months after the date of the enact-
ment of this Act, the Secretary of Housing and Urban
Development shall submit a report to the Congress identi-
fying—
(1) any areas that have been designated as revi-
talization areas pursuant to section 204(h)(3) of the
100
National Housing Act (as added by section 602(2)
of the Departments of Veterans Affairs and Housing
and Urban Development, and Independent Agencies
Appropriations Act, 1999);
(2) any areas for which such designation has
been requested;
(3) any areas for which such designation is
being considered by the Secretary; and
(4) the eligible properties in designated revital-
ization areas for which the Secretary has a reason-
able expectation of successfully transferring owner-
ship pursuant to section 204(h) of the National
Housing Act.
SEC. 804. TECHNICAL CORRECTION TO INCOME TARGET-
ING PROVISIONS FOR PROJECT-BASED AS-
SISTANCE.
Effective immediately after the enactment of the De-
partments of Veterans Affairs and Housing and Urban
Development, and Independent Agencies Appropriations
Act, 1999, section 16(c)(3) of the United States Housing
Act of 1937 (42 U.S.C. 1437n(c)(3)) (as added by section
513(a) of such Appropriations Act), is amended by insert-
ing after ‘‘40 percent’’ the following: ‘‘shall be available
for leasing only by families whose incomes at the time of
commencement of occupancy do not exceed 30 percent of
101
the area median income, as determined by the Secretary
with adjustments for smaller and larger families.’’.
SEC. 805. TECHNICAL CORRECTIONS TO THE MULTIFAMILY
ASSISTED HOUSING REFORM AND AFFORD-
ABILITY ACT OF 1997.
(a) SECTION 8 CONTRACT RENEWAL POLICY FOR
FISCAL YEAR 1999 AND SUBSEQUENT YEARS.—Section
524 of the Multifamily Assisted Housing Reform and Af-
fordability Act of 1997 (42 U.S.C. 1437 note; 111 Stat.
1408-1409) is amended—
(1) in subsection (a)(2), by inserting after
‘‘Notwithstanding paragraph (1)’’ the following:
‘‘and subject to section 516 of this subtitle’’;
(2) in subsection (a)(2)(B), by striking ‘‘and fi-
nancing’’ and inserting ‘‘and the primary financ-
ing’’;and
(3) by inserting at the end the following new
subsections:
‘‘(b) INAPPLICABILITY TO PROJECTS SUBJECT TO
RESTRUCTURING.—This section shall not apply to
projects restructured under this subtitle.
‘‘(c) SAVINGS PROVISIONS.—Upon the repeal of this
subtitle pursuant to section 579, the provisions of sections
512(2) and 516 (as in effect immediately before such re-
peal) shall apply with respect to this section.’’.
102
(b) REPEAL OF CONTRACT RENEWAL AUTHORITY
UNDER SECTION 405(a).—Section 405(a) of the Balanced
Budget Downpayment Act, I (42 U.S.C. 1437f note; 110
Stat.44-45), is hereby repealed.
(c) EXEMPTIONS FROM RESTRUCTURING.—Section
514(h)(1) of the Multifamily Assisted Housing Reform
and Affordability Act of 1997 (42 U.S.C. 1437 note; 111
Stat. 1396) is amended to read as follows:
‘‘(1) the primary financing for the project was
provided by a unit of State government or a unit of
general local government (or an agency or instru-
mentality of either) and the primary financing in-
volves mortgage insurance under the National Hous-
ing Act, such that implementation of a mortgage re-
structuring and rental assistance sufficiency plan
under this Act would be in conflict with applicable
law or agreements governing such financing;’’.
(d) MANDATORY RENEWAL OF PROJECT-BASED AS-
SISTANCE.—Section 515(c)(1) of the Multifamily Assisted
Housing Reform and Affordability Act of 1997 (42 U.S.C.
1437 note; 111 Stat. 1397) is amended by inserting ‘‘or’’
after the semicolon at the end of subparagraph (B).
(e) PARTIAL PAYMENTS OF CLAIMS.—Section 541 of
the National Housing Act (12 U.S.C. 1735f–19) is amend-
ed—
103
(1) by striking ‘‘1978 or’’ and inserting ‘‘1978)
or’’; and
(2) by striking ‘‘)))’’ and inserting ‘‘))’’.
Passed the House of Representatives October 13,
1998.
Attest:
Clerk.