H. R. 4818—506
authority from fiscal year 1974 and prior that have been terminated
shall be cancelled: Provided further, That no amounts recaptured
from amounts appropriated in prior years under this heading or
the heading ‘‘Annual contributions for assisted housing’’ and no
carryover of such appropriated amounts for project-based assistance
shall be available for the calendar year 2005 funding cycle for
activities provided for under the heading ‘‘Tenant-based rental
assistance’’: Provided further, That amounts recaptured under this
heading or the heading ‘‘Annual contributions for assisted housing’’
from amounts appropriated for project-based section 8 activities
may be used for amendments to section 8 project-based subsidy
contracts or for performance-based contract administrators, notwith-
standing the purposes for which such amounts were appropriated.
DRUG ELIMINATION GRANTS FOR LOW-INCOME HOUSING
(RESCISSION)
Of the unobligated balances remaining from funds appropriated
in fiscal year 2001 and prior years under the heading ‘‘Drug elimi-
nation grants for low-income housing’’, $5,000,000 are rescinded.
NATIVE AMERICAN HOUSING BLOCK GRANTS
(RESCISSION)
Of the unobligated balances remaining from funds appropriated
in fiscal year 2004 and prior years under the heading ‘‘Native
American housing block grants’’ for activities related to title VI
of NAHASDA, $21,000,000 are rescinded.
INDIAN HOUSING LOAN GUARANTEE PROGRAM ACCOUNT
(RESCISSION)
Of the unobligated balances remaining from funds appropriated
in fiscal year 2004 and prior years under the heading ‘‘Indian
housing loan guarantee fund program account’’ for activities related
to the cost of guaranteed loans, $33,000,000 are rescinded.
HOUSING PROGRAMS
RENTAL HOUSING ASSISTANCE
(RESCISSION)
Of the amounts made available under the heading ‘‘Rent
Supplement’’ in Public Law 98–63 for amendments to contracts
under section 101 of the Housing and Urban Development Act
of 1965 (12 U.S.C. 1701s) and section 236(f)(2) of the National
Housing Act (12 U.S.C. 1715z–1) in State-aided, non-insured rental
housing projects, up to $675,000,000 is cancelled.
FEDERAL HOUSING ADMINISTRATION
GENERAL AND SPECIAL RISK PROGRAM ACCOUNT
(RESCISSION)
Of the unobligated balances remaining from credit subsidy
appropriated in fiscal year 2004 and prior years under the heading
H. R. 4818—507
‘‘General and special risk program account’’, $30,000,000 are
rescinded.
ADMINISTRATIVE PROVISIONS
SEC. 201. Fifty percent of the amounts of budget authority,
or in lieu thereof 50 percent of the cash amounts associated with
such budget authority, that are recaptured from projects described
in section 1012(a) of the Stewart B. McKinney Homeless Assistance
Amendments Act of 1988 (42 U.S.C. 1437 note) shall be rescinded,
or in the case of cash, shall be remitted to the Treasury, and
such amounts of budget authority or cash recaptured and not
rescinded or remitted to the Treasury shall be used by State housing
finance agencies or local governments or local housing agencies
with projects approved by the Secretary of Housing and Urban
Development for which settlement occurred after January 1, 1992,
in accordance with such section. Notwithstanding the previous sen-
tence, the Secretary may award up to 15 percent of the budget
authority or cash recaptured and not rescinded or remitted to
the Treasury to provide project owners with incentives to refinance
their project at a lower interest rate.
SEC. 202. None of the amounts made available under this
Act may be used during fiscal year 2005 to investigate or prosecute
under the Fair Housing Act any otherwise lawful activity engaged
in by one or more persons, including the filing or maintaining
of a non-frivolous legal action, that is engaged in solely for the
purpose of achieving or preventing action by a Government official
or entity, or a court of competent jurisdiction.
SEC. 203. (a) Notwithstanding section 854(c)(1)(A) of the AIDS
Housing Opportunity Act (42 U.S.C. 12903(c)(1)(A)), from any
amounts made available under this title for fiscal year 2005 that
are allocated under such section, the Secretary of Housing and
Urban Development shall allocate and make a grant, in the amount
determined under subsection (b), for any State that—
(1) received an allocation in a prior fiscal year under clause
(ii) of such section; and
(2) is not otherwise eligible for an allocation for fiscal
year 2005 under such clause (ii) because the areas in the
State outside of the metropolitan statistical areas that qualify
under clause (i) in fiscal year 2005 do not have the number
of cases of acquired immunodeficiency syndrome (AIDS)
required under such clause.
(b) The amount of the allocation and grant for any State
described in subsection (a) shall be an amount based on the cumu-
lative number of AIDS cases in the areas of that State that are
outside of metropolitan statistical areas that qualify under clause
(i) of such section 854(c)(1)(A) in fiscal year 2005, in proportion
to AIDS cases among cities and States that qualify under clauses
(i) and (ii) of such section and States deemed eligible under sub-
section (a).
(c) Notwithstanding any other provision of law, the amount
allocated for fiscal year 2005 under section 854(c) of the AIDS
Housing Opportunity Act (42 U.S.C. 12903(c)), to the City of New
York, New York, on behalf of the New York-Wayne-White Plains,
New York-New Jersey Metropolitan Division (hereafter ‘‘metropoli-
tan division’’) of the New York-Newark-Edison, NY-NJ-PA Metro-
politan Statistical Area, shall be adjusted by the Secretary of
H. R. 4818—508
Housing and Urban Development by: (1) allocating to the City
of Jersey City, New Jersey, the proportion of the metropolitan
area’s or division’s amount that is based on the number of cases
of AIDS reported in the portion of the metropolitan area or division
that is located in Hudson County, New Jersey, and adjusting for
the proportion of the metropolitan division’s high incidence bonus
if this area in New Jersey also has a higher than average per
capita incidence of AIDS; and (2) allocating to the City of Paterson,
New Jersey, the proportion of the metropolitan area’s or division’s
amount that is based on the number of cases of AIDS reported
in the portion of the metropolitan area or division that is located
in Bergen County and Passaic County, New Jersey, and adjusting
for the proportion of the metropolitan division’s high incidence
bonus if this area in New Jersey also has a higher than average
per capita incidence of AIDS. The recipient cities shall use amounts
allocated under this subsection to carry out eligible activities under
section 855 of the AIDS Housing Opportunity Act (42 U.S.C. 12904)
in their respective portions of the metropolitan division that is
located in New Jersey.
SEC. 204. (a) During fiscal year 2005, in the provision of rental
assistance under section 8(o) of the United States Housing Act
of 1937 (42 U.S.C. 1437f(o)) in connection with a program to dem-
onstrate the economy and effectiveness of providing such assistance
for use in assisted living facilities that is carried out in the counties
of the State of Michigan specified in subsection (b) of this section,
notwithstanding paragraphs (3) and (18)(B)(iii) of such section 8(o),
a family residing in an assisted living facility in any such county,
on behalf of which a public housing agency provides assistance
pursuant to section 8(o)(18) of such Act, may be required, at the
time the family initially receives such assistance, to pay rent in
an amount exceeding 40 percent of the monthly adjusted income
of the family by such a percentage or amount as the Secretary
of Housing and Urban Development determines to be appropriate.
(b) The counties specified in this subsection are Oakland
County, Macomb County, Wayne County, and Washtenaw County,
in the State of Michigan.
SEC. 205. 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 competitive basis and in accordance
with section 102 of the Department of Housing and Urban Develop-
ment Reform Act of 1989.
SEC. 206. Funds of the Department of Housing and Urban
Development subject to the Government Corporation Control Act
or section 402 of the Housing Act of 1950 shall be available, without
regard to the limitations on administrative expenses, for legal serv-
ices on a contract or fee basis, and for utilizing and making payment
for services and facilities of the Federal National Mortgage Associa-
tion, Government National Mortgage Association, Federal Home
Loan Mortgage Corporation, Federal Financing Bank, Federal
Reserve banks or any member thereof, Federal Home Loan banks,
and any insured bank within the meaning of the Federal Deposit
Insurance Corporation Act, as amended (12 U.S.C. 1811–1831).
SEC. 207. Unless otherwise provided for in this Act or through
a reprogramming of funds, no part of any appropriation 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.
H. R. 4818—509
SEC. 208. Corporations and agencies of the Department of
Housing and Urban Development which are subject to the Govern-
ment Corporation Control Act, as amended, are hereby authorized
to make such expenditures, within the limits of funds and borrowing
authority available to each such corporation or agency and in accord-
ance with law, and to make such contracts and commitments with-
out 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 2005 for such corporation or agency
except as hereinafter provided: Provided, That collections 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 proviso 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 interest of
the United States Government.
SEC. 209. None of the funds provided in this title for technical
assistance, training, or management improvements may be obli-
gated or expended unless HUD provides to the Committees on
Appropriations a description of each proposed activity and a detailed
budget estimate of the costs associated with each program, project
or activity as part of the Budget Justifications. For fiscal year
2005, HUD shall transmit this information to the Committees by
March 15, 2005 for 30 days of review.
SEC. 210. The Secretary of Housing and Urban Development
shall provide quarterly reports to the House and Senate Committees
on Appropriations regarding all uncommitted, unobligated, recap-
tured 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. 211. Notwithstanding any other provision of law, in fiscal
year 2005, in managing and disposing of any multifamily property
that is owned or held by the Secretary and is occupied primarily
by elderly or disabled families, the Secretary of Housing and Urban
Development shall maintain any rental assistance payments under
section 8 of the United States Housing Act of 1937 that are attached
to any dwelling units in the property. To the extent the Secretary
determines that such a multifamily property owned or held by
the Secretary is not feasible for continued rental assistance pay-
ments under such section 8, 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.
SEC. 212. (a) Notwithstanding any other provision of law, the
amount allocated for fiscal year 2005 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 (hereafter ‘‘metropoli-
tan 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 metropoli-
tan division that is located in New Jersey. The State of New
Jersey shall use amounts allocated to the State under this sub-
section to carry out eligible activities under section 855 of the