[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 1494 Engrossed in Senate (ES)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
104th CONGRESS
  2d Session
                                S. 1494

_______________________________________________________________________

                                 AN ACT


 
   To provide an extension for fiscal year 1996 for certain programs 
administered by the Secretary of Housing and Urban Development and the 
           Secretary of Agriculture, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; DEFINITION.

    (a) Short Title.--This Act may be cited as the ``Housing 
Opportunity Program Extension Act of 1995''.
    (b) Definition.--For purposes of this Act, the term ``Secretary'' 
means the Secretary of Housing and Urban Development.

SEC. 2. SECTION 8 CONTRACT RENEWALS.

    (a) In General.--To the extent that amounts are made available in 
advance in any appropriations Act for contract renewals under section 8 
of the United States Housing Act of 1937 for fiscal year 1996, with 
respect to any project that is determined by the Secretary to meet 
housing quality standards under the United States Housing Act of 1937 
and to be otherwise in compliance with that Act, at the request of the 
owner of the project, the Secretary shall renew, for a period of 1 
year, any contract for project-based assistance under section 8 of the 
United States Housing Act of 1937 that expires or terminates during 
fiscal year 1996, at current rent levels under the expiring or 
terminating contract.
    (b) Amendments to the National Housing Act.--Section 236(f) of the 
National Housing Act (12 U.S.C. 1715z-1(f)) is amended--
            (1) in paragraph (1), by striking the second sentence and 
        inserting the following: ``The rental charge for each dwelling 
        unit shall be at the basic rental charge, or such greater 
        amount, not to exceed the lesser of (i) the fair market rental 
        charge determined pursuant to this paragraph, or (ii) the fair 
        market rental established under section 8(c) of the United 
        States Housing Act of 1937 for existing housing in the market 
        area in which the housing is located, as represents 30 percent 
        of the tenant's adjusted income.''; and
            (2) by striking paragraph (6).

SEC. 3. COMMUNITY DEVELOPMENT BLOCK GRANT ELIGIBLE ACTIVITIES.

    Notwithstanding the amendments made by section 907(b)(2) of the 
Cranston-Gonzalez National Affordable Housing Act, section 105(a)(25) 
of the Housing and Community Development Act of 1974, as in existence 
on September 30, 1995, shall apply to the use of assistance made 
available under title I of the Housing and Community Development Act of 
1974 during fiscal year 1996.

SEC. 4. EXTENSION OF RURAL HOUSING PROGRAMS.

    (a) Underserved Areas Set-Aside.--Section 509(f)(4)(A) of the 
Housing Act of 1949 (42 U.S.C. 1479(f)(4)(A)) is amended--
            (1) in the first sentence, by striking ``fiscal years 1993 
        and 1994'' and inserting ``fiscal year 1996''; and
            (2) in the second sentence, by striking ``each''.
    (b) Rural Multifamily Rental Housing.--Section 515(b)(4) of the 
Housing Act of 1949 (42 U.S.C. 1485(b)(4)) is amended by striking 
``September 30, 1994'' and inserting ``September 30, 1996''.
    (c) Rural Rental Housing Funds for Nonprofit Entities.--The first 
sentence of section 515(w)(1) of the Housing Act of 1949 (42 U.S.C. 
1485(w)(1)) is amended by striking ``fiscal years 1993 and 1994'' and 
inserting ``fiscal year 1996''.

SEC. 5. EXTENSION OF FHA MORTGAGE INSURANCE PROGRAM FOR HOME EQUITY 
              CONVERSION MORTGAGES.

    (a) Extension of Program.--The first sentence of section 255(g) of 
the National Housing Act (12 U.S.C. 1715z-20(g)) is amended by striking 
``September 30, 1995'' and inserting ``September 30, 1996''.
    (b) Limitation on Number of Mortgages.--The second sentence of 
section 255(g) of the National Housing Act (12 U.S.C. 1715z-20(g)) is 
amended by striking ``25,000'' and inserting ``30,000''.

SEC. 6. EXTENSION OF MULTIFAMILY HOUSING FINANCE PROGRAMS.

    (a) Risk-Sharing Pilot Program.--The first sentence of section 
542(b)(5) of the Housing and Community Development Act of 1992 (12 
U.S.C. 1707 note) is amended by striking ``on not more than 15,000 
units over fiscal years 1993 and 1994'' and inserting ``on not more 
than 7,500 units during fiscal year 1996''.
    (b) Housing Finance Agency Pilot Program.--The first sentence of 
section 542(c)(4) of the Housing and Community Development Act of 1992 
(12 U.S.C. 1707 note) is amended by striking ``on not to exceed 30,000 
units over fiscal years 1993, 1994, and 1995'' and inserting ``on not 
more than 10,000 units during fiscal year 1996''.

SEC. 7. CAPACITY BUILDING FOR COMMUNITY DEVELOPMENT AND AFFORDABLE 
              HOUSING.

    Section 4 of the HUD Demonstration Act of 1993 (42 U.S.C. 9816 
note) is amended--
            (1) in subsection (a)--
                    (A) by striking ``Initiative to develop'' and 
                inserting the following: ``Initiative--
            ``(1) to develop'';
                    (B) by striking the period at the end and inserting 
                ``; and''; and
                    (C) by adding at the end the following new 
                paragraph:
            ``(2) for national or regional organizations or consortia, 
        including Habitat for Humanity International, that have 
        experience in providing or facilitating self-help housing 
        homeownership opportunities.'';
            (2) in subsection (b)--
                    (A) in paragraph (2), by striking ``and'' at the 
                end;
                    (B) by redesignating paragraph (3) as paragraph 
                (4); and
                    (C) by inserting after paragraph (2) the following:
            ``(3) innovative homeownership opportunities for the 
        acquisition and rehabilitation of single family housing through 
        the provision of self-help housing, under which the homeowner 
        contributes a significant amount of sweat equity toward the 
        construction of the new dwelling; and''; and
            (3) by striking subsection (e) and inserting the following:
    ``(e) Authorization.--There are authorized to be appropriated to 
carry out this section $50,000,000 for fiscal year 1996, of which 
$25,000,000 shall be made available to Habitat for Humanity 
International for activities under this section.''.

SEC. 8. THE NATIONAL CITIES IN SCHOOLS COMMUNITY DEVELOPMENT PROGRAM.

    Section 930(c) of the Housing and Community Development Act of 1992 
(Public Law 102-550, 106 Stat. 3887) is amended to read as follows:
    ``(c) Authorization.--There are authorized to be appropriated to 
carry out this section $10,000,000 for fiscal year 1996.''.

SEC. 9. AMENDMENTS TO THE UNITED STATES HOUSING ACT OF 1937 FOR SAFETY 
              AND SECURITY IN PUBLIC AND ASSISTED HOUSING.

    (a) Contract Provisions and Requirements.--Section 6 of the United 
States Housing Act of 1937 (42 U.S.C. 1437d) is amended--
            (1) in subsection (k), by striking ``on or near such 
        premises'' and inserting ``on or off such premises''; and
            (2) in subsection (l)(5), by striking ``on or near such 
        premises'' and inserting ``on or off such premises''.
    (b) Availability of Criminal Records for Screening and Eviction; 
Eviction for Drug-Related Activity.--Section 6 of the United States 
Housing Act of 1937 (42 U.S.C. 1437d) is amended by adding at the end 
the following new subsections:
    ``(q) Availability of Records.--
            ``(1) In general.--
                    ``(A) Provision of information.--Notwithstanding 
                any other provision of law, except as provided in 
                subparagraph (B), the National Crime Information 
                Center, police departments, and other law enforcement 
                agencies shall, upon request, provide information to 
                public housing agencies regarding the criminal 
                conviction records of adult applicants for, or tenants 
                of, public housing for purposes of applicant screening, 
                lease enforcement, and eviction.
                    ``(B) Exception.--Except as provided under any 
                provision of State, tribal, or local law, no law 
                enforcement agency described in subparagraph (A) shall 
                provide information under this paragraph relating to 
                any criminal conviction if the date of that conviction 
                occurred 5 or more years prior to the date on which the 
                request for the information is made.
            ``(2) Opportunity to dispute.--Before an adverse action is 
        taken with regard to assistance under this title on the basis 
        of a criminal record, the public housing agency shall provide 
        the tenant or applicant with a copy of the criminal record and 
        an opportunity to dispute the accuracy and relevance of that 
        record.
            ``(3) Fee.--A public housing agency may be charged a 
        reasonable fee for information provided under paragraph (1).
            ``(4) Records management.--Each public housing agency shall 
        establish and implement a system of records management that 
        ensures that any criminal record received by the public housing 
        agency is--
                    ``(A) maintained confidentially;
                    ``(B) not misused or improperly disseminated; and
                    ``(C) destroyed, once the purpose for which the 
                record was requested has been accomplished.
            ``(5) Definition.--For purposes of this subsection, the 
        term `adult' means a person who is 18 years of age or older, or 
        who has been convicted of a crime as an adult under any 
        Federal, State, or tribal law.
    ``(r) Eviction for Drug-Related Activity.--Any tenant evicted from 
housing assisted under this title by reason of drug-related criminal 
activity (as that term is defined in section 8(f)(5)) shall not be 
eligible for housing assistance under this title during the 3-year 
period beginning on the date of such eviction, unless the evicted 
tenant successfully completes a rehabilitation program approved by the 
public housing agency (which shall include a waiver of this subsection 
if the circumstances leading to eviction no longer exist).''.
    (c) Limitation on Occupancy in Elderly and Disabled Housing.--
            (1) In general.--Section 7 of the United States Housing Act 
        of 1937 (42 U.S.C. 1437e) is amended by adding at the end the 
        following new subsection:
    ``(h) Limitation on Occupancy in Designated Projects.--
            ``(1) Occupancy limitation.--Notwithstanding any other 
        provision of law, a dwelling unit in a public housing project 
        (or portion of a project) that is designated under subsection 
        (a) shall not be occupied by any person whose illegal use (or 
        pattern of illegal use) of a controlled substance or abuse (or 
        pattern of abuse) of alcohol provides reasonable cause for the 
        public housing agency to believe that such occupancy could 
        interfere with the health, safety, or right to peaceful 
        enjoyment of the premises by the tenants of the public housing 
        project.
            ``(2) Required statement.--A public housing agency may not 
        make a dwelling unit in a public housing project (or portion of 
        a project) designated under subsection (a) available for 
        occupancy to any family, unless the application for occupancy 
        by that family is accompanied by a signed statement that no 
        person who will be occupying the unit illegally uses a 
        controlled substance, or abuses alcohol, in a manner that would 
        interfere with the health, safety, or right to peaceful 
        enjoyment of the premises by the tenants of the public housing 
        project.''.
            (2) Lease provisions.--Section 6(l) of the United States 
        Housing Act of 1937 (42 U.S.C. 1437d(l)) is amended--
                    (A) in paragraph (5), by striking ``and'' at the 
                end;
                    (B) by redesignating paragraph (6) as paragraph 
                (7); and
                    (C) by inserting after paragraph (5) the following 
                new paragraph:
            ``(6) provide that any occupancy in violation of section 
        7(h)(1) or the furnishing of any false or misleading 
        information pursuant to section 7(h)(2) shall be cause for 
        termination of tenancy; and''.
    (d) Ineligibility of Illegal Drug Users and Alcohol Abusers for 
Assisted Housing.--Section 16 of the United States Housing Act of 1937 
(42 U.S.C. 1437n) is amended by adding at the end the following new 
subsection:
    ``(e) Ineligibility of Illegal Drug Users and Alcohol Abusers.--
            ``(1) In general.--Notwithstanding any other provision of 
        law, a public housing agency shall establish standards for 
        occupancy in public housing dwelling units--
                    ``(A) that prohibit occupancy in any such unit by 
                any person--
                            ``(i) who the public housing agency 
                        determines is illegally using a controlled 
                        substance; or
                            ``(ii) if the public housing agency 
                        determines that it has reasonable cause to 
                        believe that such person's illegal use (or 
                        pattern of illegal use) of a controlled 
                        substance, or abuse (or pattern of abuse) of 
                        alcohol, could interfere with the health, 
                        safety, or right to peaceful enjoyment of the 
                        premises by the tenants of the public housing 
                        project; and
                    ``(B) that allow the public housing agency to 
                terminate the tenancy in any public housing unit of any 
                person--
                            ``(i) if the public housing agency 
                        determines that such person is illegally using 
                        a controlled substance; or
                            ``(ii) whose illegal use of a controlled 
                        substance, or whose abuse of alcohol, is 
                        determined by the public housing agency to 
                        interfere with the health, safety, or right to 
                        peaceful enjoyment of the premises by the 
                        tenants of the public housing project.
            ``(2) Inapplicability to indian housing.--This subsection 
        does not apply to any dwelling unit assisted by an Indian 
        housing authority.''.

SEC. 10. ELIGIBLE HOME EQUITY CONVERSION MORTGAGES.

    Section 255(d)(3) of the National Housing Act (12 U.S.C. 1715z-
20(d)(3)) is amended to read as follows:
            ``(3) be secured by a dwelling that is designed principally 
        for a 1- to 4-family residence in which the mortgagor occupies 
        1 of the units;''.

SEC. 11. APPLICABILITY.

    This Act and the amendments made by this Act shall be construed to 
have become effective on October 1, 1995.

            Passed the Senate January 24, 1996.

            Attest:

                                                             Secretary.
104th CONGRESS

  2d Session

                                S. 1494

_______________________________________________________________________

                                 AN ACT

   To provide an extension for fiscal year 1996 for certain programs 
administered by the Secretary of Housing and Urban Development and the 
           Secretary of Agriculture, and for other purposes.