[Congressional Record Volume 142, Number 9 (Wednesday, January 24, 1996)]
[Senate]
[Pages S347-S348]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                          AMENDMENTS SUBMITTED

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         THE HOUSING OPPORTUNITY PROGRAM EXTENSION ACT OF 1995

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                D'AMATO (AND OTHERS) AMENDMENT NO. 3118

  Mr. LOTT (for Mr. D'Amato, for himself, Mr. Mack, and Mr. Bond) 
proposed an amendment to the bill (S. 1494) 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; as follows:

       On page 2, line 5, strike ``During fiscal year 1996'' and 
     insert the following: ``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''.
       On page 2, line 11, insert ``project-based'' after ``for''.
       On page 5, between lines 7 and 8, insert the following new 
     sections:

     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-- 
     
[[Page S348]]

       ``(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;''.
       On page 5, strike line 8, and insert the following:

     SEC. 11. APPLICABILITY.

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