SEC. 614. ELIGIBLE INCLUSIONS FOR RENEWAL RENTS OF PARTIALLY Section 524(a)(4)(C) of the Multifamily Assisted Housing Reform and Affordability Act of 1997 (42 U.S.C. 1437f note) is amended by adding after the period at the end the following: "Notwithstanding any other provision of law, the Secretary shall include in such budget-based cost increases costs relating to the project as a whole (including costs incurred with respect to units not covered by the contract for assistance), but only (I) if inclusion of such costs is requested by the owner or purchaser of the project, (II) if inclusion of such costs will permit capital repairs to the project or acquisition of the project by a nonprofit organization, and (III) to the extent that inclusion of such costs (or a portion thereof) complies with the requirement under clause (ii).”. SEC. 615. ELIGIBILITY OF RESTRUCTURING PROJECTS FOR MISCELLA- Section 223(a)(7) of the National Housing Act (12 U.S.C. 1715n(a)(7)) is amended (1) by striking "under this Act: Provided, That the principal" and inserting the following: "under this Act, or an existing mortgage held by the Secretary that is subject to a mortgage restructuring and rental assistance sufficiency plan pursuant to the Multifamily Assisted Housing Reform and Affordability Act of 1997 (42 U.S.C. 1437f note), provided that (i)"; "(A) the principal"; (2) by striking "except that (A)" and inserting "except that (3) by striking "(B)" and inserting “(ii)"; (6) by striking ": Provided further, That a mortgage" and inserting the following "; and "(B) a mortgage"; (7) by striking "or" at the end; and (8) by adding at the end the following new subparagraph: SEC. 616. TECHNICAL CORRECTIONS. (a) EXEMPTIONS FROM RESTRUCTURING. (1) IN GENERAL.-Section 514(h) of the Multifamily Assisted Housing Reform and Affordability Act of 1997 (42 U.S.C. 1437f note) is amended to read as if the amendment made by section 531(c) of Public Law 106-74 (113 Stat. 1116) were made to "Section 514(h)(1)" instead of "Section 514(h)". note. (2) RETROACTIVE EFFECT.-The amendment made by para- 42 USC 1437f graph (1) of this subsection is deemed to have taken effect on the date of the enactment of Public Law 106-74 (113 Stat. 1109). (b) OTHER.—The Multifamily Assisted Housing Reform and Affordability Act of 1997 (42 U.S.Č. 1437f note) is amended Effective dates. Effective date. President. (1) in section 511(a)(12), by striking "this Act" and inserting "this title"; (2) in section 513, by striking "this Act" each place such term appears in subsections (a)(2)(I) and (b)(3) and inserting "this title": (3) in section 514(f)(3)(B), by inserting "Housing" after "Multifamily"; (4) in section 515(c)(1)(B), by inserting "or" after the semicolon; (5) in section 517(b)— (A) in each of paragraphs (1) through (6), by capitalizing the first letter of the first word that follows the paragraph heading; (B) in each of paragraphs (1) through (5), by striking the semicolon at the end and inserting a period; and (C) in paragraph (6), by striking "; and" at the end and inserting a period; (6) in section 520(b), by striking "Banking and"; and Subtitle B-Office of Multifamily Housing SEC. 621. REAUTHORIZATION OF OFFICE AND EXTENSION OF PRO GRAM. Section 579 of the Multifamily Assisted Housing Reform and Affordability Act of 1997 (42 U.S.C. 1437f note) is amended (1) by striking subsection (a) and inserting the following new subsection: "(a) REPEALS. "(1) MARK-TO-MARKET PROGRAM.-Subtitle A (except for section 524) is repealed effective October 1, 2006. "(2) OMHAR.-Subtitle D (except for this section) is repealed effective October 1, 2004."; (2) in subsection (b), by striking "October 1, 2001" and inserting "October 1, 2006"; (3) in subsection (c), by striking "upon September 30, 2001" and inserting "at the end of September 30, 2004"; and (4) by striking subsection (d) and inserting the following new subsection: "(d) TRANSFER OF AUTHORITY.-Effective upon the repeal of subtitle D under subsection (a)(2) of this section, all authority and responsibilities to administer the program under subtitle A are transferred to the Secretary.". SEC. 622. APPOINTMENT OF DIRECTOR. (a) IN GENERAL.-Section 572 of the Multifamily Assisted Housing Reform and Affordability Act of 1997 (42 U.S.C. 1437f note) is amended by striking subsection (a) and inserting the following new subsection: "(a) APPOINTMENT.-The Office shall be under the management of a Director, who shall be appointed by the President from among individuals who are citizens of the United States and have a demonstrated understanding of financing and mortgage restructuring for affordable multifamily housing.". (b) APPLICABILITY.-The amendment made by subsection (a) 42 USC 1437f shall apply to the first Director of the Office of Multifamily Housing note. Assistance Restructuring of the Department of Housing and Urban Development appointed after the date of the enactment of this Act, and any such Director appointed thereafter. SEC. 623. VACANCY IN POSITION OF DIRECTOR. (a) IN GENERAL.-Section 572 of the Multifamily Assisted Housing Reform and Affordability Act of 1997 (42 U.S.C. 1437f note) is amended by striking subsection (b) and inserting the following new subsection: "(b) VACANCY.-A vacancy in the position of Director shall be filled by appointment in the manner provided under subsection (a). The President shall make such an appointment not later than 60 days after such position first becomes vacant.". (b) APPLICABILITY.-The amendment made by subsection (a) shall apply to any vacancy in the position of Director of the Office of Multifamily Housing Assistance Restructuring of the Department of Housing and Urban Development which occurs or exists after the date of the enactment of this Act. SEC. 624. OVERSIGHT BY FEDERAL HOUSING COMMISSIONER. (a) IN GENERAL.-Section 578 of the Multifamily Assisted Housing Reform and Affordability Act of 1997 (42 U.S.C. 1437f note) is amended to read as follows: "SEC. 578. OVERSIGHT BY FEDERAL HOUSING COMMISSIONER. "All authority and responsibilities assigned under this subtitle to the Secretary shall be carried out through the Assistant Secretary of the Department of Housing and Urban Development who is the Federal Housing Commissioner.". (b) REPORT.-The second sentence of section 573(b) of the Multifamily Assisted Housing Reform and Affordability Act of 1997 (42 U.S.Č. 1437f note) is amended by striking "Secretary" and inserting "Assistant Secretary of the Department of Housing and Urban Development who is the Federal Housing Commissioner". SEC. 625. LIMITATION ON SUBSEQUENT EMPLOYMENT. Section 576 of the Multifamily Assisted Housing Reform and Affordability Act of 1997 (42 U.S.C. 1437f note) is amended by striking "2-year period" and inserting "1-year period". Subtitle C-Miscellaneous Housing SEC. 631. EXTENSION OF CDBG PUBLIC SERVICES CAP EXCEPTION. Section 105(a)(8) of the Housing and Community Development Act of 1974 (42 U.S.C. 5305(a)(8)) is amended by striking "through 2001" and inserting "through 2003". SEC. 632. USE OF SECTION 8 ENHANCED VOUCHERS FOR PREPAY- Section 8(t)(2) of the United States Housing Act of 1937 (42 U.S.C. 1437f(t)(2)) is amended by inserting after "insurance contract for the mortgage for such housing project" the following: "(including any such mortgage prepayment during fiscal year 1996 or a fiscal President. 42 USC 1437f note. 12 USC 1701q note. 42 USC 11301 note. 26 USC 9812. year thereafter or any insurance contract voluntary termination during fiscal year 1996 or a fiscal year thereafter)". SEC. 633. PREPAYMENT AND REFINANCING OF LOANS FOR SECTION 202 SUPPORTIVE HOUSING. (a) IN GENERAL.-Section 811 of the American Homeownership and Economic Opportunity Act of 2000 (12 U.S.C. 1701q note) is amended by striking subsection (e). (b) EFFECTIVENESS UPON DATE OF ENACTMENT.-The amendment made by subsection (a) of this section shall take effect upon the date of the enactment of this Act and the provisions of section 811 of the American Homeownership and Economic Opportunity Act of 2000 (12 U.S.C. 1701q note), as amended by subsection (a) of this section, shall apply as so amended upon such date of enactment, notwithstanding— (1) any authority of the Secretary of Housing and Urban Development to issue regulations to implement or carry out the amendments made by subsection (a) of this section or the provisions of section 811 of the American Homeownership and Economic Opportunity Act of 2000 (12 U.S.C. 1701q note); or (2) any failure of the Secretary of Housing and Urban Development to issue any such regulations authorized. SEC. 634. TECHNICAL CORRECTION. (a) IN GENERAL.-Section 101(a) of Public Law 100-77 (42 U.S.C. 11301 note) is amended to read as if the amendment made by section 1 of Public Law 106-400 (114 Stat. 1675) were made to "Section 101" instead of "Section 1". (b) RETROACTIVE EFFECT.-The amendment made by subsection (a) of this section is deemed to have taken effect immediately after the enactment of Public Law 106-400 (114 Stat. 1675). TITLE VII-MENTAL HEALTH PARITY SEC. 701. EXTENSION OF CERTAIN PROVISIONS. (a) ERISA.-Section 712(f) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1185a(f)) is amended by striking "September 30, 2001" and inserting "December 31, 2002". (b) PHSA.-Section 2705(f) of the Public Health Service Act (42 U.S.C. 300gg-5(f)) is amended by striking "September 30, 2001" and inserting "December 31, 2002". (c) INTERNAL REVENUE CODE OF 1986.-Section 9812(f) of the Internal Revenue Code of 1986 is amended by striking "September 30, 2001" and inserting "December 31, 2002”. SEC. 702. CONGRESSIONAL BUDGET ACT. Notwithstanding Rule 3 of the Budget Scorekeeping Guidelines set forth in the joint explanatory statement of the committee of conference accompanying Conference Report 105-217, the provisions of this title that would have been estimated by the Office of Management and Budget as changing direct spending or receipts under section 252 of the Balanced Budget and Emergency Deficit Control Act of 1985 were it included in an Act other than an appropriations Act shall be treated as direct spending or receipts legislation, as appropriate, under section 252 of the Balanced Budget and Emergency Deficit Control Act of 1985, and by the Chairmen of the House and Senate Budget Committees, as appropriate, under the Congressional Budget Act. This Act may be cited as the "Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 2002". Approved January 10, 2002. LEGISLATIVE HISTORY-H.R. 3061 (S. 1536): HOUSE REPORTS: Nos. 107-229 (Comm. on Appropriations) and 107-342 (Comm. of Conference). SENATE REPORTS: No. 107-84 accompanying S. 1536 (Comm. on Appropriations). CONGRESSIONAL RECORD, Vol. 147 (2001): Oct. 11, considered and passed House. Oct. 30, 31, Nov. 1, 2, 6, considered and passed Senate, amended. Dec. 19, House agreed to conference report. Dec. 20, Senate agreed to conference report. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 38 (2002): Jan. 10, Presidential statement. |