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[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7 Introduced in House (IH)]

103d CONGRESS
  2d Session
                                 H. R. 7

   To provide necessary emergency community development and housing 
 assistance to stimulate economic growth in the United States, and for 
                            other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            January 5, 1993

Mr. Gonzalez (for himself, Mr. Schumer, Mr. Frank of Massachusetts, Mr. 
 Kennedy, Mr. Flake, Mr. Mfume, Ms. Waters, Ms. Maloney, Mr. Rush, Ms. 
  Furse, Mr. Hinchey, and Mr. Sanders) introduced the following bill; 
   which was referred to the Committee on Banking, Finance and Urban 
                                Affairs

                             March 10, 1994

   Additional sponsors: Mr. Gutierrez, Ms. Norton, Mr. de Lugo, Mr. 
  LaFalce, Mr. Oberstar, Mr. Rangel, Mr. Blackwell, Mr. Hilliard, Ms. 
  Roybal-Allard, Mr. Watt, Ms. McKinney, Ms. Velazquez, and Mr. Engel
Deleted sponsor: Mrs. Maloney (added January 5, 1993; deleted November 
                               22, 1993)

_______________________________________________________________________

                                 A BILL

 
   To provide necessary emergency community development and housing 
 assistance to stimulate economic growth in the United States, 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 AND TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Emergency 
Community Development Act of 1993''.
    (b) Table of Contents.--

Sec. 1. Short title and table of contents.
Sec. 2. Findings and purpose.
   TITLE I--TEMPORARY ASSISTANCE FOR COMMUNITY DEVELOPMENT ACTIVITIES

Sec. 101. Purpose.
Sec. 102. Definitions and designation of public agencies.
Sec. 103. Authorization of appropriations.
Sec. 104. Statement of projected activities and compliance.
Sec. 105. Eligible activities.
Sec. 106. Allocation and distribution of funds.
Sec. 107. Nondiscrimination.
Sec. 108. Labor standards.
Sec. 109. Remedies for noncompliance.
Sec. 110. Consultation.
Sec. 111. Interstate agreements.
Sec. 112. Regulations.
                   TITLE II--HOMEOWNERSHIP ASSISTANCE

Sec. 201. National Homeownership Trust demonstration.
                  TITLE III--RURAL HOUSING ASSISTANCE

Sec. 301. Section 502 rural housing loans.
Sec. 302. Section 504 housing improvement loans and grants.
Sec. 303. Section 515 rental housing loans.
Sec. 304. Housing for rural homeless and migrant farmworkers.
Sec. 305. Rental assistance payment contracts.

SEC. 2. FINDINGS AND PURPOSE.

    (a) Findings.--The Congress finds that--
            (1) the United States is currently in a period of economic 
        distress;
            (2) the recession has resulted in a significant loss of 
        jobs and economic hardship in the United States;
            (3) in addition to the problems resulting from the 
        recession, the general quality of life in cities and other 
        areas of the Nation has declined;
            (4) reduced spending by the Federal Government has caused 
        severe economic problems for State and local governments and 
        has caused vital basic needs, such as livable cities, towns, 
        and rural communities, to remain unaddressed;
            (5) the Federal Government can promote economic recovery in 
        the United States by providing State and local governments with 
        much needed assistance to address the basic needs of their 
        citizens, including decent and safe communities, streets, and 
        housing; and
            (6) more than 22,000 jobs are created for every 
        $1,000,000,000 expended through construction contracts.
    (b) Purpose.--The purpose of this Act, therefore, is to provide 
needed emergency assistance to State and local governments to enable 
them to better meet the needs of their citizens, make their cities, 
towns, and rural communities safer and more livable, and provide 
employment opportunities to stimulate economic growth in the United 
States.

   TITLE I--TEMPORARY ASSISTANCE FOR COMMUNITY DEVELOPMENT ACTIVITIES

SEC. 101. PURPOSE.

    The purpose of this title is to provide temporary assistance to 
State and local governments to allow such entities to address vital 
unmet needs and to promote the creation of jobs and economic 
development.

SEC. 102. DEFINITIONS AND DESIGNATION OF PUBLIC AGENCIES.

    (a) Reference to Housing and Community Development Act of 1974.--
Except as provided in subsection (b), for purposes of this title the 
terms defined in section 102(a) of the Housing and Community 
Development Act of 1974 shall have the meaning given such terms under 
such section 102.
    (b) Exceptions.--
            (1) Metropolitan city.--For purposes of this title, the 
        term ``metropolitan city'' means any city or unit of general 
        local government that is classified as a metropolitan city for 
        purposes of title I of the Housing and Community Development 
        Act of 1974 for fiscal year 1993.
            (2) Urban county.--For purposes of this title, the term 
        ``urban county'' means any county that is classified as an 
        urban county for purposes of title I of the Housing and 
        Community Development Act of 1974 for fiscal year 1993, and 
        includes any units of general local government whose 
        populations are included in the urban county for such purposes 
        for such fiscal year.
            (3) Age of housing.--For purposes of this title, the term 
        ``age of housing'' means the number of existing housing units 
        constructed in 1950 or earlier based on data compiled by the 
        United States Bureau of the Census and referable to the same 
        point or period in time.
    (c) Designation of Public Agencies.--One or more public agencies, 
including existing local public agencies, may be designated by the 
chief executive officer of a State or unit of general local government 
to undertake activities assisted under this title.
    (d) Data.--Where appropriate, the definitions established and 
referred to under this section shall be based on the data used pursuant 
to section 102(b) of the Housing and Community Development Act of 1974 
with respect to fiscal year 1993. The Secretary of Housing and Urban 
Development may by regulation change or otherwise modify the meaning of 
the terms defined or referred to under this section in order to reflect 
any technical change or modification thereof made after the date 
referred to in the first sentence of such section 102(b) (with respect 
to fiscal year 1993) by the United States Bureau of the Census or the 
Office of Management and Budget.

SEC. 103. AUTHORIZATION OF APPROPRIATIONS.

    The Secretary of Housing and Urban Development is authorized to 
make grants to States, units of general local government, and Indian 
tribes to carry out activities in accordance with the provisions of 
this title. For purposes of assistance under section 106, there is 
authorized to be appropriated $25,000,000,000 for fiscal year 1993. 
Notwithstanding section 106, of any amounts appropriated under this 
section for fiscal year 1993, the Secretary shall, to the extent 
approved in appropriations Acts, make available $15,000,000 for grants 
in Guam, the Virgin Islands, American Samoa, the Commonwealth of the 
Northern Mariana Islands, and the Trust Territory of the Pacific 
Islands.

SEC. 104. STATEMENT OF PROJECTED ACTIVITIES AND COMPLIANCE.

    (a) Statement of Projected Uses of Grants.--Prior to the receipt of 
a grant under section 106(b) by any metropolitan city or urban county, 
under section 106(d) by any State, or under section 106(d)(2)(B) by any 
unit of general local government, the grantee shall submit to the 
Secretary a statement of community development objectives and projected 
use of funds, which shall include the certifications required under 
subsection (b) of this section. In the case of metropolitan cities and 
urban counties receiving grants pursuant to section 106(b) and in the 
case of units of general local government receiving grants pursuant to 
section 106(d)(2)(B), the statement of projected use of funds shall 
consist of proposed community development activities. In the case of 
States receiving grants pursuant to section 106(d), the statement of 
projected use of funds shall consist of the method by which the States 
will distribute funds to units of general local government. Each such 
statement shall contain a certification indicating that the statement 
has been reviewed and approved by the chief executive officer or other 
officer of the grantee qualified to make such certification under 
regulations issued by the Secretary.
    (b) Required Certifications.--Any grant under section 106 shall be 
made only if the grantee certifies that--
            (1) the grant will be conducted and administered in 
        conformity with the Civil Rights Act of 1964 and the Civil 
        Rights Act of 1968 and the grantee will affirmatively further 
        fair housing;
            (2) the projected use of funds has been developed in a 
        manner that gives maximum feasible priority to activities which 
        are designed to meet community development needs that have been 
        delayed because of the lack of fiscal resources of the grantee 
        or which are designed to address conditions that pose a serious 
        and immediate threat to the health or welfare of the community;
            (3) any projected use of funds for public services will 
        benefit primarily low- and moderate-income families;
            (4) the grantee will not attempt to recover any capital 
        costs of public improvements assisted in whole or part under 
        section 106 by assessing any amount against properties owned 
        and occupied by persons of low- and moderate-income, including 
        any fee charged or assessment made as a condition of obtaining 
        access to such public improvements, unless--
                    (A) funds received under section 106 are used to 
                pay the proportion of such fee or assessment that 
                relates to the capital costs of such public 
                improvements that are financed from revenue sources 
                other than under this title; or
                    (B) for purposes of assessing any amount against 
                properties owned and occupied by persons of moderate 
                income, the grantee certifies to the Secretary that it 
                lacks sufficient funds received under section 106 to 
                comply with the requirements of subparagraph (A); and
            (5) the grantee will comply with the other provisions of 
        this title and with other applicable laws.
    (c) Antidisplacement and Relocation Plan.--
            (1) Requirement.--A grant under section 106 may be made 
        only if the grantee certifies that it is complying with a 
        residential antidisplacement and relocation assistance plan 
        under this section. A grantee receiving a grant under section 
        106(a) or (b) shall so certify to the Secretary. A unit of 
        general local government receiving amounts from a State under 
        section 106(d) shall so certify to the State, and a unit of 
        general local government receiving amounts from the Secretary 
        under section 106(d) shall so certify to the Secretary.
            (2) Contents.--The residential antidisplacement and 
        relocation assistance plan shall, in connection with a 
        development project assisted under section 106--
                    (A) provide that, in the event of such 
                displacement--
                            (i) governmental agencies or private 
                        developers shall provide, within the same 
                        community, comparable replacement dwellings for 
                        the same number of occupants as could have been 
                        housed in the occupied and vacant occupiable 
                        low- and moderate-income dwelling units 
                        demolished or converted to a use other than for 
                        housing for low- and moderate-income persons, 
                        and provide that such replacement housing may 
                        include existing housing assisted with project-
                        based assistance provided under section 8 of 
                        the United States Housing Act of 1937;
                            (ii) such comparable replacement dwellings 
                        shall be designed to remain affordable to 
                        persons of low- and moderate-income for a 
                        period of 10 years beginning upon initial 
                        occupancy;
                            (iii) relocation benefits shall be provided 
                        for all low- or moderate-income persons who 
                        occupied housing demolished or converted to a 
                        use other than for low- or moderate-income 
                        housing, including reimbursement for actual and 
                        reasonable moving expenses, security deposits, 
                        credit checks, and other moving-related 
                        expenses, including any interim living costs; 
                        and in the case of displaced persons of low- 
                        and moderate-income, provide either--
                                    (I) compensation sufficient to 
                                ensure that, for a 5-year period, the 
                                displaced families shall not bear, 
                                after relocation, a ratio of shelter 
                                costs to income that exceeds 30 
                                percent; or
                                    (II) if elected by a family, a 
                                lump-sum payment equal to the 
                                capitalized value of the benefits 
                                available under subclause (I) to permit 
                                the household to secure participation 
                                in a housing cooperative or mutual 
                                housing association; and
                            (iv) persons displaced shall be relocated 
                        into comparable replacement housing that is--
                                    (I) decent, safe, and sanitary;
                                    (II) adequate in size to 
                                accommodate the occupants;
                                    (III) functionally equivalent; and
                                    (IV) in an area not subject to 
                                unreasonably adverse environmental 
                                conditions;
                    (B) provide that persons displaced shall have the 
                right to elect, as an alternative to the benefits under 
                this subsection, to receive benefits under the Uniform 
                Relocation Assistance and Real Property Acquisition 
                Policies Act of 1970 if such persons determine that it 
                is in their best interest to do so; and
                    (C) provide that where a claim for assistance under 
                subparagraph (A)(iv) is denied by a grantee, the 
                claimant may appeal to the Secretary in the case of a 
                grant under section 106 or to the appropriate State 
                official in the case of a grant under section 106(d), 
                and that the decision of the Secretary or the State 
                official shall be final unless a court determines the 
                decision was arbitrary and capricious.
            (3) Exception.--Paragraphs (2)(A)(i) and (2)(A)(ii) shall 
        not apply in any case in which the Secretary finds, on the 
        basis of objective data, that there is available in the area an 
        adequate supply of habitable affordable housing for low- and 
        moderate-income persons. A determination under this paragraph 
        shall be final and nonreviewable.
    (d) Approval and Compliance.--
            (1) Approval.--The Secretary shall review statements of 
        projected uses of funds submitted under this section upon 
        receipt. The Secretary shall approve such statements unless the 
        Secretary determines that (A) the statement is inconsistent 
        with the purpose of this title, or (B) the information or 
        certifications required under this section have not been 
        provided in a substantially complete manner.
            (2) Compliance reports.--Each grantee under this title 
        shall submit to the Secretary a report, as the Secretary shall 
        require, which shall be sufficient to describe the actual use 
        of amounts provided to the grantee under this title. The 
        Secretary shall require each report under this paragraph to 
        contain the written approval of the chief executive officer or 
        other officer of the grantee qualified to make such approval 
        under regulations issued by the Secretary. The reports under 
        this paragraph shall be submitted to the Secretary before 
        January 1, 1995.
    (e) GAO Audits.--To the extent that they relate to funds provided 
under this title, the financial transactions of recipients of such 
funds may be audited by the General Accounting Office under any rules 
and regulations prescribed by the Comptroller General of the United 
States. The representatives of the General Accounting Office shall have 
access to all books, accounts, records, reports, files, and other 
papers, things, or property belonging to or in use by such recipients 
pertaining to such financial transactions and necessary to facilitate 
the audit.
    (f) Environmental Protection.--
            (1) Release of funds.--In order to ensure that the policies 
        of the National Environmental Policy Act of 1969 and other 
        provisions of law that further the purposes of such Act (as 
        specified in regulations issued by the Secretary) are most 
        effectively implemented in connection with the expenditure of 
        funds under this title, and to assure to the public 
        undiminished protection of the environment, the Secretary, in 
        lieu of the environmental protection procedures otherwise 
        applicable, may under regulations provide for the release of 
        funds for particular projects to recipients of assistance under 
        this title who assume all of the responsibilities for 
        environmental review, decision making, and action pursuant to 
        such Act, and such other provisions of law as the regulations 
        of the Secretary specify, that would apply to the Secretary 
        were the Secretary to undertake such projects as Federal 
        projects. The Secretary shall issue regulations to carry out 
        this subsection only after consultation with the Council on 
        Environmental Quality.
            (2) Request for release.--The Secretary shall approve the 
        release of funds for projects subject to the procedures 
        authorized by this subsection only if, at least 15 days prior 
        to such approval and prior to any commitment of funds to such 
        projects other than for environmental studies, the recipient of 
        assistance under this title has submitted to the Secretary a 
        request for such release accompanied by a certification which 
        meets the requirements of paragraph (3). The Secretary's 
        approval of any such certification shall be deemed to satisfy 
        the responsibilities of the Secretary under the National 
        Environmental Policy Act of 1969 and such other provisions of 
        law as the regulations of the Secretary specify insofar as 
        those responsibilities relate to the release of funds for 
        projects to be carried out pursuant thereto which are covered 
        by such certification.
            (3) Certification.--A certification under the procedures 
        authorized by this subsection shall--
                    (A) be made in a form acceptable to the Secretary;
                    (B) be executed by the chief executive officer or 
                other officer of the recipient of assistance under this 
                title qualified under regulations of the Secretary;
                    (C) specify that the recipient of assistance under 
                this title has fully carried out its responsibilities 
                as described in paragraph (1); and
                    (D) specify that the certifying officer (i) 
                consents to assume the status of a responsible Federal 
                official under the National Environmental Policy Act of 
                1969 and each provision of law specified in regulations 
                issued by the Secretary to the extent that the 
                provisions of such Act or other such provision of law 
                apply pursuant to paragraph (1) of this subsection, and 
                (ii) is authorized and consents on behalf of the 
                recipient of assistance under this title and such 
                officer to accept the jurisdiction of the Federal 
                courts for the purpose of enforcement of the 
                responsibilities as such an official.
            (4) State responsibilities.--In the case of grants made to 
        States pursuant to section 106(d), the State shall perform the 
        actions of the Secretary described in paragraph (2) of this 
        subsection and the performance of such actions shall be deemed 
        to satisfy the Secretary's responsibilities referred to in the 
        second sentence of such paragraph.
    (g) Retention of Program Income.--
            (1) In general.--Notwithstanding any other provision of 
        law, any unit of general local government may retain any 
        program income that is realized from any grant made by the 
        Secretary, or any amount distributed by a State, under section 
        106 if (1) such income was realized after the initial 
        disbursement of the funds received by the unit of general local 
        government under such section, and (2) the unit of general 
        local government has agreed that it will utilize the program 
        income for eligible community development activities in 
        accordance with the provisions of this title, except that the 
        Secretary may exclude from consideration as program income any 
        amounts determined under regulations issued pursuant to section 
        104(j) of the Housing and Community Development Act of 1974 to 
        be so small that compliance with this subsection creates an 
        unreasonable administrative burden on the unit of general local 
        government.
            (2) State distribution.--A State may require as a condition 
        of any amount distributed by such State under section 106(d) 
        that a unit of general local government shall pay to the State 
        any such income to be used by the State to fund additional 
        eligible community development activities, except that the 
        State shall waive such condition to the extent such income is 
        applied to continue the activity from which such income was 
        derived.
    (h) Benefits Upon Displacement.--Each grantee under this title 
shall provide for reasonable benefits to any person involuntarily and 
permanently displaced as a result of the use of assistance received 
under this title to acquire or substantially rehabilitate property.
    (i) Protection of Individuals Engaging in Nonviolent Civil Rights 
Demonstrations.--No funds authorized to be appropriated under section 
103 of this Act may be obligated or expended to any unit of general 
local government that--
            (1) fails to adopt and enforce a policy prohibiting the use 
        of excessive force by law enforcement agencies within its 
        jurisdiction against any individuals engaged in nonviolent 
        civil rights demonstrations; or
            (2) fails to adopt and enforce a policy of enforcing 
        applicable State and local laws against physically barring 
        entrance to or exit from a facility or location which is the 
        subject of such nonviolent civil rights demonstrations within 
        its jurisdiction.

SEC. 105. ELIGIBLE ACTIVITIES.

    (a) In General.--Activities assisted under this title may include 
only the following activities:
            (1) Acquisition of real property.--The acquisition of real 
        property (including air rights, water rights, and other 
        interests therein) which is--
                    (A) blighted, deteriorated, undeveloped, or 
                inappropriately developed from the standpoint of sound 
                community development and growth;
                    (B) appropriate for rehabilitation or conservation 
                activities;
                    (C) appropriate for the preservation or restoration 
                of historic sites, the beautification of urban land, 
                the conservation of open spaces, natural resources, and 
                scenic areas, the provision of recreational 
                opportunities, or the guidance of urban development;
                    (D) to be used for the provision of public works, 
                facilities, and improvements eligible for assistance 
                under this title;
                    (E) to be used as a facility for coordinating and 
                providing activities and services for high risk youth 
                (as such term is defined in section 509A of the Public 
                Health Service Act); or
                    (F) to be used for other public purposes.
            (2) Construction of public works and facilities.--The 
        acquisition, construction, rehabilitation, or installation of 
        public works or public facilities, including buildings for the 
        general conduct of government and facilities for coordinating 
        and providing activities and services for high risk youth (as 
        such term is defined in section 509A of the Public Health 
        Service Act).
            (3) Clearance and rehabilitation of buildings.--The 
        clearance, removal, and rehabilitation of buildings and 
        improvements, including interim assistance, assistance for 
        facilities for coordinating and providing activities and 
        services for high risk youth (as such term is defined in 
        section 509A of the Public Health Service Act), and assistance 
        to privately owned buildings and improvements.
            (4) Provision of public services and housing.--
                    (A) Public services.--The provision of public 
                services concerned with job training and retraining, 
                health care and education, crime prevention, drug abuse 
                treatment and rehabilitation, child care, education, 
                and recreation, which may include the provision of 
                public health and public safety vehicles.
                    (B) Housing activities.--The acquisition and 
                rehabilitation of housing for low- and moderate-income 
                families, except that any grantee that uses amounts 
                received under this title for housing activities under 
                this subparagraph shall make not less than 15 percent 
                of the amount used for such housing activities 
                available only for nonprofit organizations (as such 
                term is defined in section 104 of the Cranston-Gonzalez 
                National Affordable Housing Act) for such activities;
                    (C) Limitation.--Not more than 10 percent of the 
                amount of any assistance provided under this title 
                (including program income) to any unit of general local 
                government or Indian tribe (or in the case of 
                nonentitlement communities not more than 10 percent 
                statewide) may be used for activities under this 
                paragraph.
            (5) Relocation assistance.--Relocation payments and 
        assistance for individuals, families, businesses, 
        organizations, and farm operations that are displaced as a 
        result of activities assisted under this title.
            (6) Accessibility projects.--Special projects directed to 
        the removal of material and architectural barriers which 
        restrict the mobility and accessibility of elderly and 
        handicapped persons.
            (7) Provision of services for high risk youth.--The 
        provision of recreational, educational, job training, and other 
        services for high risk youth (as such term is defined in 
        section 509A of the Public Health Service Act).
            (8) Payment of administrative expenses.--Payment of 
        reasonable administrative costs associated with activities 
        assisted under this title and any expenses of developing the 
        statement required under section 104(a) and submitting 
        compliance reports required under section 104(d)(2).
    (b) Reimbursable Administrative Expenses.--Upon the request of the 
recipient of assistance under this title, the Secretary may agree to 
perform administrative services on a reimbursable basis on behalf of 
the recipient in connection with loans or grants for the rehabilitation 
of properties pursuant to subsection (a)(3).
    (c) Payment of Amounts.--Subject to the request of a grantee under 
this title, the Secretary may provide amounts to be received by the 
grantee to private and nonprofit organizations and other persons 
carrying out eligible activities under this section on behalf of the 
grantee.
    (d) Prohibited Uses.--Except as provided in subsection (a)(4)(B), 
assistance under this title may not be used for any activity the 
primary purpose of which is to provide housing or for any activity 
involving the construction, acquisition, or rehabilitation of inpatient 
medical facilities.

SEC. 106. ALLOCATION AND DISTRIBUTION OF FUNDS.

    (a) Allocation for Entitlement Areas.--
            (1) Indian tribes.--Of the amount approved in an 
        appropriation Act under section 103 for grants under this 
        title, the Secretary shall reserve for grants to Indian tribes 
        1 percent of the amount appropriated under such section. The 
        Secretary shall provide for distribution of amounts under this 
        paragraph to Indian tribes on the basis of a competition 
        conducted pursuant to specific criteria for the selection of 
        Indian tribes to receive such amounts. The criteria shall be 
        contained in a guideline issued by the Secretary. 
        Notwithstanding any other provision of this title, such grants 
        to Indian tribes shall not be subject to the requirements of 
        section 104, except subsections (e), (f), and (h) of such 
        section.
            (2) Metropolitan cities and urban counties.--Of the amount 
        remaining after allocations pursuant to paragraph (1), 70 
        percent shall be allocated by the Secretary to metropolitan 
        cities and urban counties. Except as otherwise specifically 
        authorized, each metropolitan city and urban county shall be 
        entitled to a grant from such allocation in an amount not 
        exceeding its basic amount computed pursuant to paragraph (1) 
        or (2) of subsection (b).
    (b) Computation of Allocation Amounts for Entitlement Areas.--
            (1) Metropolitan cities.--The Secretary shall determine the 
        amount to be allocated to each metropolitan city which shall be 
        the greater of an amount that bears the same ratio to the 
        allocation for all metropolitan areas as either--
                    (A) the average of the ratios between--
                            (i) the population of that city and the 
                        population of all metropolitan areas;
                            (ii) the extent of poverty in that city and 
                        the extent of poverty in all metropolitan 
                        areas; and
                            (iii) the extent of housing overcrowding in 
                        that city, and the extent of housing 
                        overcrowding in all metropolitan areas; or
                    (B) the average of the ratios between--
                            (i) the extent of growth lag in that city 
                        and the extent of growth lag in all 
                        metropolitan cities;
                            (ii) the extent of poverty in that city and 
                        the extent of poverty in all metropolitan 
                        areas; and
                            (iii) the age of housing in that city and 
                        the age of housing in all metropolitan areas.
            (2) Urban counties.--The Secretary shall determine the 
        amount to be allocated to each urban county, which shall be the 
        greater of an amount that bears the same ratio to the 
        allocation for all metropolitan areas as either--
                    (A) the average of the ratios between--
                            (i) the population of that urban county and 
                        the population of all metropolitan areas;
                            (ii) the extent of poverty in that urban 
                        county and the extent of poverty in all 
                        metropolitan areas; and
                            (iii) the extent of housing overcrowding in 
                        that urban county and the extent of housing 
                        overcrowding in all metropolitan areas; or
                    (B) the average of the ratios between--
                            (i) the extent of growth lag in that urban 
                        county and the extent of growth lag in all 
                        metropolitan cities and urban counties;
                            (ii) the extent of poverty in that urban 
                        county and the extent of poverty in all 
                        metropolitan areas; and
                            (iii) the age of housing in that urban 
                        county and the age of housing in all 
                        metropolitan areas.
            (3) Determination of ratios.--In determining the average of 
        ratios under paragraphs (1)(A) and (2)(A), the ratio involving 
        the extent of poverty shall be counted twice, and each of the 
        other ratios shall be counted once; and in determining the 
        average of ratios under paragraphs (1)(B) and (2)(B), the ratio 
        involving the extent of growth lag shall be counted once, the 
        ratio involving the extent of poverty shall be counted one and 
        one-half times, and the ratio involving the age of housing 
        shall be counted two and one-half times.
    (c) Reallocation of Undistributed Amounts.--
            (1) In general.--Any amounts allocated to a metropolitan 
        city or an urban county pursuant to the preceding provisions of 
        this section which are not received by the city or county 
        because of failure to meet the requirements of subsection (a), 
        (b), or (c) of section 104, or which become available as a 
        result of actions under section 109, shall be reallocated in 
        fiscal year 1994 to the other metropolitan cities and urban 
        counties in the same metropolitan area which certify to the 
        satisfaction of the Secretary that they would be adversely 
        affected by the loss of such amounts from the metropolitan 
        area. The amount of the share of funds reallocated under this 
        paragraph for any metropolitan city or urban county shall bear 
        the same ratio to the total of such reallocated funds in the 
        metropolitan area as the amount of funds awarded to the city or 
        county for fiscal year 1993 bears to the total amount of funds 
        awarded to all metropolitan cities and urban counties in the 
        same metropolitan area for fiscal year 1993, except that--
                    (A) in determining the amounts awarded to cities or 
                counties for purposes of calculating shares pursuant to 
                this sentence, there shall be excluded from the award 
                of any city or county any amounts that become available 
                as a result of actions against such city or county 
                under section 109;
                    (B) in reallocating amounts resulting from an 
                action under section 109, a city or county against whom 
                any such action was taken shall be excluded from a 
                calculation of share for purposes of reallocating, in 
                fiscal year 1994, the amounts becoming available as a 
                result of such action; and
                    (C) in no event may the share of reallocated funds 
                for any metropolitan city or urban county exceed 25 
                percent of the amount awarded to the city or county 
                under section 106(b) for fiscal year 1993.
        Any amounts allocated under section 106(b) which become 
        available for reallocation and for which no metropolitan city 
        or urban county qualifies under this paragraph shall be covered 
        into the Treasury of the United States.
            (2) Transfer responsibility.--Notwithstanding the 
        provisions of paragraph (1), the Secretary may, upon request, 
        transfer responsibility to any metropolitan city for the 
        administration of any amounts received, but not obligated, by 
        the urban county in which such city is located if (A) such city 
        was an included unit of general local government in such county 
        prior to the qualification of such city as a metropolitan city; 
        (B) such amounts were designated and received by such county 
        for use in such city prior to the qualification of such city as 
        a metropolitan city; and (C) such city and county agree to such 
        transfer of responsibility for the administration of such 
        amounts.
    (d) Allocation to States for Nonentitlement Areas.--
            (1) Computation of allocation amount.--Of the amount 
        approved in an appropriations Act under section 103 for grants 
        under this title (excluding the amounts provided for use in 
        accordance with section 106(a)(1)), 30 percent shall be 
        allocated among the States for use in nonentitlement areas. The 
        allocation for each State shall be the greater of an amount 
        that bears the same ratio to the allocation for such areas of 
        all States available under this subparagraph as either--
                    (A) the average of the ratios between--
                            (i) the population of the nonentitlement 
                        areas in that State and the population of the 
                        nonentitlement areas of all States;
                            (ii) the extent of poverty in the 
                        nonentitlement areas in that State and the 
                        extent of poverty in the nonentitlement areas 
                        of all States; and
                            (iii) the extent of housing overcrowding in 
                        the nonentitlement areas in that State and the 
                        extent of housing overcrowding in the 
                        nonentitlement areas of all States; or
                    (B) the average of the ratios between--
                            (i) the age of housing in the 
                        nonentitlement areas in that State and the age 
                        of housing in the nonentitlement areas of all 
                        States;
                            (ii) the extent of poverty in the 
                        nonentitlement areas in that State and the 
                        extent of poverty in the nonentitlement areas 
                        of all States; and
                            (iii) the population of the nonentitlement 
                        areas in that State and the population of the 
                        nonentitlement areas of all States.
        In determining the average of the ratios under subparagraph (A) 
        the ratio involving the extent of poverty shall be counted 
        twice and each of the other ratios shall be counted once; and 
        in determining the average of the ratios under subparagraph 
        (B), the ratio involving the age of housing shall be counted 
        two and one-half times, the ratio involving the extent of 
        poverty shall be counted one and one-half times, and the ratio 
        involving population shall be counted once. The Secretary 
        shall, in order to compensate for the discrepancy between the 
        total of the amounts to be allocated under this paragraph and 
        the total of the amounts available under such paragraph, make a 
        pro rata reduction of each amount allocated to the 
        nonentitlement areas in each State under such paragraph so that 
        the nonentitlement areas in each State will receive an amount 
        which represents the same percentage of the total amount 
        available under such paragraph as the percentage which the 
        nonentitlement areas of the same State would have received 
        under such paragraph if the total amount available under such 
        paragraph had equaled the total amount which was allocated 
        under such paragraph.
            (2) Distribution of amounts.--
                    (A) In general.--Amounts allocated under paragraph 
                (1) shall be distributed to units of general local 
                government located in nonentitlement areas of the State 
                to carry out activities in accordance with the 
                provisions of this title--
                            (i) by a State that has elected, in such 
                        manner and at such time as the Secretary shall 
                        prescribe, to distribute such amounts, 
                        consistent with the statement submitted under 
                        section 104(a); or
                            (ii) by the Secretary, in any case 
                        described in subparagraph (B), for use by units 
                        of general local government in accordance with 
                        paragraph (3)(B).
                    (B) Distribution by secretary.--The Secretary shall 
                distribute amounts allocated under paragraph (1) if the 
                State has not elected to distribute such amounts.
                    (C) Distribution by state.--To receive and 
                distribute amounts allocated under paragraph (1), the 
                State must certify that it, with respect to units of 
                general local government in nonentitlement areas--
                            (i) engages or will engage in planning for 
                        community development activities;
                            (ii) provides or will provide technical 
                        assistance to units of general local government 
                        in connection with community development 
                        programs;
                            (iii) will not refuse to distribute such 
                        amounts to any unit of general local government 
                        on the basis of the particular eligible 
                        activity selected by such unit of general local 
                        government to meet its community development 
                        needs, except that this clause may not be 
                        considered to prevent a State from establishing 
                        priorities in distributing such amounts on the 
                        basis of the activities selected; and
                            (iv) has consulted with local elected 
                        officials from among units of general local 
                        government located in nonentitlement areas of 
                        that State in determining the method of 
                        distribution of funds required by subparagraph 
                        (A).
                    (D) Community identification of needs.--To receive 
                and distribute amounts allocated under paragraph (1), 
                the State shall certify that each unit of general local 
                government to be distributed funds will be required to 
                identify its community development needs, including the 
                needs of low- and moderate-income persons, and the 
                activities to be undertaken to meet such needs.
            (3) Other distribution requirements.--
                    (A) State distribution expenses.--If the State 
                receives and distributes such amounts, the State shall 
                be responsible for the administration of funds so 
                distributed. The State shall pay from its own resources 
                all administrative expenses incurred by the State in 
                carrying out its responsibilities under this title, 
                except that from the amounts received for distribution 
                in nonentitlement areas the State may deduct an amount 
                to cover such administrative expenses which may not 
                exceed the sum of $100,000 plus 50 percent of any such 
                expenses under this title in excess of $100,000. Any 
                amounts deducted in excess of $100,000 may not exceed 2 
                percent of the amount so received.
                    (B) Distribution by secretary.--If the Secretary 
                distributes such amounts, the distribution shall be 
                made in accordance with determinations of the Secretary 
                pursuant to statements submitted and other requirements 
                of section 104 and in accordance with regulations and 
                procedures prescribed by the Secretary.
                    (C) Recovered state amounts.--Any amounts allocated 
                for use in a State under paragraph (1) that are not 
                received by the State because of failure to meet the 
                requirements of subsection (a), (b), or (c) of section 
                104 or to make the certifications required in 
                subparagraphs (C) and (D) of paragraph (2), or that 
                become available as a result of actions against the 
                State under section 109, shall be covered into the 
                Treasury of the United States.
                    (D) Recovered amounts from units of general local 
                government.--Any amounts allocated for use in a State 
                under paragraph (1) that become available as a result 
                of actions under section 109 against units of general 
                local government in nonentitlement areas of the State 
                or as a result of the closeout of a grant made by the 
                Secretary under this section in nonentitlement areas of 
                the State shall be covered into the Treasury of the 
                United States.
            (4) Required certifications.--No amount may be distributed 
        by any State or the Secretary under this subsection to any unit 
        of general local government located in a nonentitlement area 
        unless such unit of general local government certifies that--
                    (A) it will minimize displacement of persons as a 
                result of activities assisted with such amounts;
                    (B) its program will be conducted and administered 
                in conformity with the Civil Rights Act of 1964 and the 
                Civil Rights Act of 1968, and that it will 
                affirmatively further fair housing;
                    (C) it will not attempt to recover any capital 
                costs of public improvements assisted in whole or part 
                under section 106 by assessing any amount against 
                properties owned and occupied by persons of low- and 
                moderate-income, including any fee charged or 
                assessment made as a condition of obtaining access to 
                such public improvements, unless (i) funds received 
                under section 106 are used to pay the proportion of 
                such fee or assessment that relates to the capital 
                costs of such public improvements that are financed 
                from revenue sources other than under this title; or 
                (ii) for purposes of assessing any amount against 
                properties owned and occupied by persons of moderate 
                income, the grantee certifies to the Secretary or such 
                State, as the case may be, that it lacks sufficient 
                funds received under section 106 to comply with the 
                requirements of clause (i).
            (5) Grants to nonentitlement areas.--Pursuant to section 
        102(a)(1) of the Housing and Community Development Act of 1974 
        and section 102(a) of this Act, any combination of units of 
        general local government may not be required to obtain 
        recognition by the Secretary to be treated as a single unit of 
        general local government for purposes of this subsection.
            (6) Applicability of federal laws.--Any activities 
        conducted with amounts received by a unit of general local 
        government under this subsection shall be subject to the 
        applicable provisions of this title and other Federal law in 
        the same manner and to the same extent as activities conducted 
        with amounts received by a unit of general local government 
        under subsection (a).
    (e) Submission Dates.--The Secretary may fix such qualification or 
submission dates as the Secretary determines necessary to permit the 
computations and determinations required by this section to be made in 
a timely manner, and all such computations and determinations shall be 
final and conclusive.
    (f) Limitation on Use of 1990 Census Data.--
            (1) In general.--Except as provided in paragraph (2), no 
        data derived from the 1990 Decennial Census shall be taken into 
        account for purposes of the allocation of amounts under this 
        section.
            (2) Exception.--Data from such Census relating to 
        population and poverty may be taken into account for the 
        purposes referred to in paragraph (1).

SEC. 107. NONDISCRIMINATION.

    (a) In General.--No person in the United States shall on the ground 
of race, color, national origin, religion, or sex be excluded from 
participation in, be denied the benefits of, or be subjected to 
discrimination under any program or activity funded in whole or in part 
with funds made available under this title. Any prohibition against 
discrimination on the basis of age under the Age Discrimination Act of 
1975 or with respect to an otherwise qualified handicapped individual 
as provided in section 504 of the Rehabilitation Act of 1973 shall also 
apply to any such program or activity.
    (b) Notification and Enforcement.--Whenever the Secretary 
determines that a State or unit of general local government which is a 
recipient of assistance under this title has failed to comply with 
subsection (a) or an applicable regulation, the Secretary shall notify 
the Governor of such State or the chief executive officer of such unit 
of local government of the noncompliance and shall request the Governor 
or the chief executive officer to secure compliance. If within a 
reasonable period of time, not to exceed 60 days, the Governor or the 
chief executive officer fails or refuses to secure compliance, the 
Secretary may (1) refer the matter to the Attorney General with a 
recommendation that an appropriate civil action be instituted; (2) 
exercise the powers and functions provided under title VI of the Civil 
Rights Act of 1964; (3) exercise the powers and functions provided for 
in section 109(a) of this Act; or (4) take such other action as may be 
provided by law.
    (c) Civil Action by Attorney General.--When a matter is referred to 
the Attorney General pursuant to subsection (b), or whenever the 
Attorney General has reason to believe that a State government or unit 
of general local government is engaged in a pattern or practice in 
violation of the provisions of this section, the Attorney General may 
bring a civil action in any appropriate United States district court 
for such relief as may be appropriate, including injunctive relief.

SEC. 108. LABOR STANDARDS.

    (a) Wages.--All laborers and mechanics employed by contractors or 
subcontractors in the performance of construction work financed in 
whole or in part with assistance received under this title shall be 
paid wages at rates not less than those prevailing on similar 
construction in the locality as determined by the Secretary of Labor in 
accordance with the Davis-Bacon Act (40 U.S.C. 276a--276a-5); except 
that this section shall apply to the rehabilitation of residential 
property only if such property contains not less than 8 units. The 
Secretary of Labor shall have, with respect to such labor standards, 
the authority and functions set forth in Reorganization Plan Numbered 
14 of 1950 (15 F.R. 3176; 64 Stat. 1267) and section 2 of the Act of 
June 13, 1934 (48 Stat. 948; 40 U.S.C. 276(c)).
    (b) Applicability.--Subsection (a) shall not apply to any 
individual--
            (1) that performs services for which the individual 
        volunteered;
            (2) that--
                    (A) does not receive compensation for such 
                services; or
                    (B) is paid expenses, reasonable benefits, or a 
                nominal fee for such services; and
            (3) is not otherwise employed at any time in the 
        construction work.

SEC. 109. REMEDIES FOR NONCOMPLIANCE.

    (a) In General.--If the Secretary finds after reasonable notice and 
opportunity for hearing that a recipient of assistance under this title 
has failed to comply substantially with any provision of this title, 
the Secretary, until the Secretary is satisfied that there is no longer 
any such failure to comply, shall--
            (1) terminate payments to the recipient under this title;
            (2) reduce payments to the recipient under this title by an 
        amount equal to the amount of such payments which were not 
        expended in accordance with this title; or
            (3) limit the availability of payments under this title to 
        programs, projects, or activities not affected by such failure 
        to comply.
    (b) Referral to Attorney General.--
            (1) Authority.--In lieu of, or in addition to, any action 
        authorized by subsection (a), the Secretary may, if the 
        Secretary has reason to believe that a recipient has failed to 
        comply substantially with any provision of this title, refer 
        the matter to the Attorney General of the United States with a 
        recommendation that an appropriate civil action be instituted.
            (2) Civil action.--Upon such a referral the Attorney 
        General may bring a civil action in any United States district 
        court having venue thereof for such relief as may be 
        appropriate, including an action to recover the amount of the 
        assistance furnished under this title which was not expended in 
        accordance with it, or for mandatory or injunctive relief.
    (c) Review.--
            (1) Right of grantee.--Any recipient that receives notice 
        under subsection (a) of the termination, reduction, or 
        limitation of payments under this title may, within 60 days 
        after receiving such notice, file with the United States Court 
        of Appeals for the circuit in which such State is located, or 
        in the United States Court of Appeals for the District of 
        Columbia, a petition for review of the Secretary's action. The 
        petitioner shall forthwith transmit copies of the petition to 
        the Secretary and the Attorney General of the United States, 
        who shall represent the Secretary in the litigation.
            (2) Filing of record.--The Secretary shall file in the 
        court record of the proceeding on which the Secretary based the 
        action, as provided in section 2112 of title 28, United States 
        Code. No objection to the action of the Secretary shall be 
        considered by the court unless such objection has been urged 
        before the Secretary.
            (3) Jurisdiction.--The court shall have jurisdiction to 
        affirm or modify the action of the Secretary or to set it aside 
        in whole or in part. The findings of fact by the Secretary, if 
        supported by substantial evidence on the record considered as a 
        whole, shall be conclusive. The court may order additional 
        evidence to be taken by the Secretary, and to be made part of 
        the record. The Secretary may modify the findings of fact by 
        the Secretary, or make new findings, by reason of the new 
        evidence so taken and filed with the court, and the Secretary 
        shall also file such modified or new findings, which findings 
        with respect to questions of fact shall be conclusive if 
        supported by substantial evidence on the record considered as a 
        whole. The Secretary shall also file a recommendation, if any, 
        for the modification or setting aside of the original action of 
        the Secretary.
            (4) Effect of judgment.--Upon the filing of the record with 
        the court, the jurisdiction of the court shall be exclusive and 
        its judgment shall be final, except that such judgment shall be 
        subject to review by the Supreme Court of the United States 
        upon writ of certiorari or certification as provided in section 
        1254 of title 28, United States Code.

SEC. 110. CONSULTATION.

    In carrying out the provisions of this title, including the 
issuance of regulations, the Secretary shall consult with other Federal 
departments and agencies administering Federal grant-in-aid programs.

SEC. 111. INTERSTATE AGREEMENTS.

    The consent of the Congress is hereby given to any 2 or more States 
to enter into agreements or compacts, not in conflict with any law of 
the United States, for cooperative efforts and mutual assistance in 
support of community development planning and programs carried out 
under this title as they pertain to interstate areas and to localities 
within such States, and to establish such agencies, joint or otherwise, 
as they may deem desirable for making such agreements and compacts 
effective.

SEC. 112. REGULATIONS.

    The Secretary shall issue any regulations necessary to carry out 
this title not later than the expiration of 45-day period beginning on 
the date of the enactment of this Act and such regulations shall take 
effect upon issuance. Not later than the expiration of the 30-day 
period beginning on the date of the enactment of this Act, the 
Secretary shall submit a copy of any regulations to be issued under 
this section to the Congress. The requirements of section 7(o)(7) of 
the Department of Housing and Urban Development Act shall apply to any 
such regulations, but such regulations shall not be subject to the 
requirements of subsections (b) and (c) of section 553 of title 5, 
United States Code.

                   TITLE II--HOMEOWNERSHIP ASSISTANCE

SEC. 201. NATIONAL HOMEOWNERSHIP TRUST DEMONSTRATION.

    (a) Authorization of Appropriations.--To provide assistance 
necessary because of extreme recessionary economic conditions, there is 
authorized to be appropriated for fiscal year 1993, in addition to any 
amounts authorized under section 308 of the Cranston-Gonzalez National 
Affordable Housing Act (42 U.S.C. 12857), $500,000,000 to carry out 
subtitle A of title III of such Act, which amounts shall remain 
available until expended.
    (b) Regulations.--The Board of Directors of the National 
Homeownership Trust shall issue any regulations necessary to carry out 
subtitle A of title III of the Cranston-Gonzalez National Affordable 
Housing Act not later than the expiration of the 45-day period 
beginning on the date of the enactment of this Act. Not later than the 
expiration of the 30-day period beginning on the date of the enactment 
of this Act, the Board of Directors shall submit a copy of any 
regulations to be issued under this subsection to the Congress. Such 
regulations shall not be subject to the requirements of subsections (b) 
and (c) of section 553 of title 5, United States Code.

                  TITLE III--RURAL HOUSING ASSISTANCE

SEC. 301. SECTION 502 RURAL HOUSING LOANS.

    (a) Loan Authority.--
            (1) In general.--To provide assistance necessary because of 
        extreme recessionary economic conditions, the credit authority 
        available under section 513(a)(1)(A) of the Housing Act of 1949 
        for insured or guaranteed loans under section 502 of such Act 
        on behalf of low-income borrowers receiving assistance under 
        section 521(a)(1) of such Act is authorized to be increased by 
        $2,650,000,000 during fiscal year 1993, except that the credit 
        authority made available under this subsection may not be used 
        for guaranteed loans under section 502(h) of such Act.
            (2) Authorization of appropriations for credit costs.--
        There is authorized to be appropriated $498,200,000 to cover 
        the costs (as such term is defined in section 502 of the 
        Congressional Budget Act of 1974) of loan obligations entered 
        into pursuant to paragraph (1).
    (b) Authorization of Appropriations for Supplemental Grants for 
Housing in Remote Rural Areas.--To provide assistance necessary because 
of extreme recessionary economic conditions, there is authorized to be 
appropriated for fiscal year 1993, in addition to any amounts 
authorized under section 513(b)(1) of the Housing Act of 1949, 
$1,000,000 for grants under section 502(f)(1) of such Act.

SEC. 302. SECTION 504 HOUSING IMPROVEMENT LOANS AND GRANTS.

    (a) Loan Authority.--
            (1) In general.--To provide assistance necessary because of 
        extreme recessionary economic conditions, the credit authority 
        available under section 513(a)(1)(C) of the Housing Act of 1949 
        for loans under section 504 of such Act is authorized to be 
        increased by $12,500,000 during fiscal year 1993.
            (2) Authorization of appropriations for credit costs.--
        There is authorized to be appropriated $5,420,000 to cover the 
        costs (as such term is defined in section 502 of the 
        Congressional Budget Act of 1974) of loan obligations entered 
        into pursuant to paragraph (1).
    (b) Authorization of Appropriations for Grants.--To provide 
assistance necessary because of extreme recessionary economic 
conditions, there is authorized to be appropriated for fiscal year 
1993, in addition to any amounts authorized under section 513(b)(2) of 
the Housing Act of 1949, $12,500,000 for grants under section 504 of 
such Act.

SEC. 303. SECTION 515 RENTAL HOUSING LOANS.

    (a) In General.--To provide assistance necessary because of extreme 
recessionary economic conditions, the credit authority available under 
section 513(a)(1)(E) of the Housing Act of 1949 for insured loans under 
section 515 of such Act is authorized to be increased by $1,700,000,000 
during fiscal year 1993.
    (b) Authorization of Appropriations for Credit Costs.--There is 
authorized to be appropriated $877,200,000 to cover the costs (as such 
term is defined in section 502 of the Congressional Budget Act of 1974) 
of loan obligations entered into pursuant to subsection (a).

SEC. 304. HOUSING FOR RURAL HOMELESS AND MIGRANT FARMWORKERS.

    To provide assistance necessary because of extreme recessionary 
economic conditions, the budget authority available under section 
513(b)(7)(B) of the Housing Act of 1949 for financial assistance under 
section 516(k) of such Act for housing for rural homeless and migrant 
farmworkers is authorized to be increased by $10,000,000 during fiscal 
year 1993.

SEC. 305. RENTAL ASSISTANCE PAYMENT CONTRACTS.

    To provide assistance necessary because of extreme recessionary 
economic conditions, the budget authority available under section 
513(c)(1) of the Housing Act of 1949 for rental assistance payment 
contracts under section 521(a)(2)(A) of such Act is authorized to be 
increased by $500,000,000 during fiscal year 1993.

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