H. R. 4194—144
necessary for the relocation of families residing in pub-
lic housing who are victims of a crime of violence
(as that term is defined in section 16 of title 18, United
States Code) that has been reported to an appropriate
law enforcement agency.
‘‘(ii) NOTICE.—A public housing agency that
receives amounts under this subparagraph shall estab-
lish procedures for providing notice of the availability
of that assistance to families that may be eligible for
that assistance.
‘‘(17) DEED
RESTRICTIONS.—Assistance under this sub-
section may not be used in any manner that abrogates any
local deed restriction that applies to any housing consisting
of 1 to 4 dwelling units. This paragraph may not be construed
to affect the provisions or applicability of the Fair Housing
Act.’’.
(b) CONFORMING AMENDMENT.—Section 8(f )(6) of the United
States Housing Act (42 U.S.C. 1437f(f )(6)) is amended by inserting
‘‘or (o)(13)’’ after ‘‘(d)(2)’’.
(c) APPLICABILITY.—Notwithstanding the amendment made by
subsection (a) of this section, any amendments to section 8(o) of
the United States Housing Act of 1937 (42 U.S.C. 1437f(o)) that
are contained in title II of this Act shall apply with respect to
the provision of assistance under such section during the period
before implementation (pursuant to section 559 of this title) of
such section 8(o) as amended by subsection (a) of this section.
SEC. 546. PUBLIC HOUSING AGENCIES.
Section 3(b)(6) of the United States Housing Act of 1937 (42
U.S.C. 1437a(b)(6)) is amended to read as follows:
‘‘(6) PUBLIC HOUSING AGENCY.—
‘‘(A) IN
GENERAL.—Except as provided in subparagraph
(B), the term ‘public housing agency’ means any State, county,
municipality, or other governmental entity or public body (or
agency or instrumentality thereof) which is authorized to
engage in or assist in the development or operation of public
housing.
‘‘(B) SECTION 8 PROGRAM.—For purposes of the program
for tenant-based assistance under section 8, such term
includes—
‘‘(i) a consortia of public housing agencies that the
Secretary determines has the capacity and capability to
administer a program for assistance under such section
in an efficient manner;
‘‘(ii) any other public or private nonprofit entity that,
upon the effective date under section 503(a) of the Quality
Housing and Work Responsibility Act of 1998, was admin-
istering any program for tenant-based assistance under
section 8 of this Act (as in effect before the effective date
of such Act), pursuant to a contract with the Secretary
or a public housing agency; and
‘‘(iii) with respect to any area in which no public hous-
ing agency has been organized or where the Secretary
determines that a public housing agency is unwilling or
unable to implement a program for tenant-based assistance
section 8, or is not performing effectively—
H. R. 4194—145
‘‘(I) the Secretary or another public or private non-
profit entity that by contract agrees to receive assist-
ance amounts under section 8 and enter into housing
assistance payments contracts with owners and per-
form the other functions of public housing agency under
section 8; or
‘‘(II) notwithstanding any provision of State or local
law, a public housing agency for another area that
contracts with the Secretary to administer a program
for housing assistance under section 8, without regard
to any otherwise applicable limitations on its area
of operation.’’.
SEC. 547. ADMINISTRATIVE FEES.
Subsection (q) of section 8 of the United States Housing Act
of 1937 (42 U.S.C. 1437f(q)) is amended to read as follows:
‘‘(q) ADMINISTRATIVE FEES.—
‘‘(1) FEE FOR ONGOING COSTS OF ADMINISTRATION.—
‘‘(A) IN GENERAL.—The Secretary shall establish fees
for the costs of administering the tenant-based assistance,
certificate, voucher, and moderate rehabilitation programs
under this section.
‘‘(B) FISCAL YEAR 1999.—
‘‘(i) CALCULATION.—For fiscal year 1999, the fee
for each month for which a dwelling unit is covered
by an assistance contract shall be—
‘‘(I) in the case of a public housing agency
that, on an annual basis, is administering a pro-
gram for not more than 600 dwelling units, 7.65
percent of the base amount; and
‘‘(II) in the case of an agency that, on an
annual basis, is administering a program for more
than 600 dwelling units (aa) for the first 600 units,
7.65 percent of the base amount, and (bb) for any
additional dwelling units under the program, 7.0
percent of the base amount.
‘‘(ii) BASE AMOUNT.—For purposes of this subpara-
graph, the base amount shall be the higher of—
‘‘(I) the fair market rental established under
section 8(c) of this Act (as in effect immediately
before the effective date under section 503(a) of
the Quality Housing and Work Responsibility Act
of 1998) for fiscal year 1993 for a 2-bedroom exist-
ing rental dwelling unit in the market area of
the agency, and
‘‘(II) the amount that is the lesser of (aa) such
fair market rental for fiscal year 1994, or (bb)
103.5 percent of the amount determined under
clause (i),
adjusted based on changes in wage data or other objec-
tively measurable data that reflect the costs of admin-
istering the program, as determined by the Secretary.
The Secretary may require that the base amount be
not less than a minimum amount and not more than
a maximum amount.
‘‘(C) SUBSEQUENT FISCAL YEARS.—For subsequent fiscal
years, the Secretary shall publish a notice in the Federal
H. R. 4194—146
Register, for each geographic area, establishing the amount
of the fee that would apply for public housing agencies
administering the program, based on changes in wage data
or other objectively measurable data that reflect the costs
of administering the program, as determined by the Sec-
retary.
‘‘(D) INCREASE.—The Secretary may increase the fee
if necessary to reflect the higher costs of administering
small programs and programs operating over large
geographic areas.
‘‘(E) DECREASE.—The Secretary may decrease the fee
for units owned by a public housing agency to reflect
reasonable costs of administration.
‘‘(2) FEE FOR PRELIMINARY EXPENSES.—The Secretary shall
also establish reasonable fees (as determined by the Secretary)
for—
‘‘(A) the costs of preliminary expenses, in the amount
of $500, for a public housing agency, except that such
fee shall apply to an agency only in the first year that
the agency administers a tenant-based assistance program
under this section, and only if, immediately before the
effective date under section 503(a) of the Quality Housing
and Work Responsibility Act of 1998, the agency was not
administering a tenant-based assistance program under
the United States Housing Act of 1937 (as in effect imme-
diately before such effective date), in connection with its
initial increment of assistance received;
‘‘(B) the costs incurred in assisting families who experi-
ence difficulty (as determined by the Secretary) in obtaining
appropriate housing under the programs; and
‘‘(C) extraordinary costs approved by the Secretary.
‘‘(3) TRANSFER
OF
FEES
IN
CASES
OF
CONCURRENT
GEO-
GRAPHICAL JURISDICTION.—In each fiscal year, if any public
housing agency provides tenant-based assistance under this
section on behalf of a family who uses such assistance for
a dwelling unit that is located within the jurisdiction of such
agency but is also within the jurisdiction of another public
housing agency, the Secretary shall take such steps as may
be necessary to ensure that the public housing agency that
provides the services for a family receives all or part of the
administrative fee under this section (as appropriate).
‘‘(4) APPLICABILITY.—This subsection shall apply to fiscal
year 1999 and fiscal years thereafter.’’.
SEC. 548. LAW ENFORCEMENT AND SECURITY PERSONNEL IN
ASSISTED HOUSING.
Section 8 of the United States Housing Act of 1937 (42 U.S.C.
1437f) is amended—
(1) by transferring and inserting subsection (z) after sub-
section (y) (and before subsection (aa)); and
(2) by adding at the end the following new subsection:
‘‘(cc) LAW ENFORCEMENT AND SECURITY PERSONNEL.—
‘‘(1) IN GENERAL.—Notwithstanding any other provision of
this Act, in the case of assistance attached to a structure,
for the purpose of increasing security for the residents of a
project, an owner may admit, and assistance under this section
H. R. 4194—147
may be provided to, police officers and other security personnel
who are not otherwise eligible for assistance under the Act.
‘‘(2) RENT REQUIREMENTS.—With respect to any assistance
provided by an owner under this subsection, the Secretary
may—
‘‘(A) permit the owner to establish such rent require-
ments and other terms and conditions of occupancy that
the Secretary considers to be appropriate; and
‘‘(B) require the owner to submit an application for
those rent requirements, which application shall include
such information as the Secretary, in the discretion of
the Secretary, determines to be necessary.
‘‘(3) APPLICABILITY.—This subsection shall apply to fiscal
year 1999 and fiscal years thereafter.’’.
SEC. 549. ADVANCE NOTICE TO TENANTS OF EXPIRATION, TERMI-
NATION, OR OWNER NONRENEWAL OF ASSISTANCE CON-
TRACT.
(a) PERMANENT APPLICABILITY OF NOTICE AND ENDLESS LEASE
PROVISIONS.—
(1) NOTICE.—Section 8(c) of the United States Housing
Act of 1937 (42 U.S.C. 1437f(c)) is amended—
(A) by striking paragraphs (8) and (10); and
(B) in paragraph (9), by striking the first sentence
and inserting the following new sentence: ‘‘ Not less than
one year before terminating any contract under which
assistance payments are received under this section, other
than a contract for tenant-based assistance under this sec-
tion, an owner shall provide written notice to the Secretary
and the tenants involved of the proposed termination, speci-
fying the reasons for the termination with sufficient detail
to enable the Secretary to evaluate whether the termination
is lawful and whether there are additional actions that
can be taken by the Secretary to avoid the termination.’’.
(2) ENDLESS LEASE.—Section 8(d)(1)(B) of the United States
Housing Act of 1937 (42 U.S.C. 1437f(d)(1)(B)) is amended—
(A) in clause (ii) by striking ‘‘(ii)’’ and all that follows
through ’’the owner’’ and inserting ‘‘(ii) during the term
of the lease, the owner’’; and
(B) in clause (iii), by striking ‘‘(iii)’’ and all that follows
through ‘‘any criminal activity’’ the first place it appears
and inserting ‘‘(iii) during the term of the lease, any crimi-
nal activity’’.
(3) PERMANENT
EFFECTIVENESS
OF
AMENDMENTS.—The
amendments under this subsection are made on, and shall
apply beginning upon, the date of the enactment of this Act,
and shall apply thereafter, notwithstanding section 203 of the
Departments of Veterans Affairs and Housing and Urban
Development, and Independent Agencies Appropriations Act,
1996 (42 U.S.C. 1437f note) or any other provision of law
(including the expiration of the applicability of such section
203 or any repeal of such section 203).
(b) EXEMPTION OF TENANT-BASED ASSISTANCE FROM CONTRACT
PROVISIONS.—Paragraph (9) of section 8(c) of the United States
Housing Act of 1937 (42 U.S.C. 1437f(c)(9)), as amended by sub-
section (a)(1) of this section, is further amended—
(1) by striking ‘‘(9)’’ and inserting ‘‘(8)(A)’’; and