I

103D CONGRESS

2D SESSION H. R. 3767

To improve and simplify the HOME investment partnerships program, and

for other purposes.

IN THE HOUSE OF REPRESENTATIVES

FEBRUARY 2, 1994

Mrs. ROUKEMA introduced the following bill; which was referred to the

Committee on Banking, Finance and Urban Affairs

A BILL

To improve and simplify the HOME investment partnerships

program, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘HOME Investment

5 Partnerships Act Amendments of 1994’’.

6 SEC. 2. PARTICIPATION BY STATE AGENCIES OR INSTRU7 MENTALITIES.

8 Section 104(2) of the Cranston-Gonzalez National

9 Affordable Housing Act (42 U.S.C. 12704(2)) is amended

10 by inserting before the period at the end the following:
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1 ‘‘, or any agency or instrumentality thereof that is estab2 lished pursuant to legislation and designated by the chief

3 executive to act on behalf of the State with regard to the

4 provisions of this Act’’.

5 SEC. 3. SIMPLIFICATION OF PROGRAM-WIDE INCOME

6 TARGETING FOR RENTAL HOUSING.

7 Section 214(1) of the Cranston-Gonzalez National

8 Affordable Housing Act (42 U.S.C. 12744(1)) is amend9 ed—

10 (1) in subparagraph (A)—

11 (A) by striking ‘‘such funds are invested

12 with respect to dwelling units that are occupied

13 by’’ and inserting ‘‘(i) the families receiving

14 such rental assistance are’’; and

15 (B) by striking ‘‘, and’’ and inserting ‘‘or

16 (ii) the dwelling units assisted with such funds

17 are occupied by families having such incomes;

18 and’’; and

19 (2) in subparagraph (B)—

20 (A) by striking ‘‘such funds are invested

21 with respect to dwelling units that are occupied

22 by’’ and inserting ‘‘(i) the families receiving

23 such rental assistance are’’; and

24 (B) by inserting before the semicolon at

25 the end the following: ‘‘, or (ii) the dwelling
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1 units assisted with such funds are occupied by

2 such households’’.

3 SEC. 4. CHANGES RELATING TO HOMEOWNERSHIP UNITS.

4 (a) REMOVAL OF FIRST-TIME HOMEBUYER RE5 QUIREMENT.—Section 215(b) of the Cranston-Gonzalez

6 National Affordable Housing Act (42 U.S.C. 12745(b)) is

7 amended—

8 (1) by striking paragraph (3); and

9 (2) by redesignating paragraphs (4) and (5) as

10 paragraphs (3) and (4), respectively.

11 (b) SIMPLIFICATION OF RESALE PROVISIONS.—Sec12 tion 215(b)(4)(B) of the Cranston-Gonzalez National Af13 fordable Housing Act (42 U.S.C. 12745(b)(4)(B)), as re14 designated by subsection (a) of this section, is amended

15 by striking ‘‘subsection’’ and inserting ‘‘title’’.

16 SEC. 5. STABILIZATION OF FUNDING THRESHOLDS.

17 The Cranston-Gonzalez National Affordable Housing

18 Act (42 U.S.C. 12701 et seq.) is amended—

19 (1) in section 216, by striking paragraph (10);

20 (2) in section 217(b), by striking paragraph

21 (4);

22 (3) in section 217(b)(3)—

23 (A) in the first sentence, by striking ‘‘only

24 those jurisdictions’’ and all that follows through

25 ‘‘allocation’’ and inserting ‘‘jurisdictions that
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1 are not participating jurisdictions that are allo2 cated an amount of $500,000 or more and ju3 risdictions that are participating jurisdictions

4 shall receive an allocation’’; and

5 (B) in the last sentence, by striking ‘‘, ex6 cept as provided in paragraph (4)’’; and

7 (4) in section 216—

8 (A) in paragraph (3)(A), by striking ‘‘Ex9 cept as provided in paragraph (10), a jurisdic10 tion’’ and inserting ‘‘A jurisdiction’’; and

11 (B) in paragraph (9)(B), by striking ‘‘, ex12 cept as provided in paragraph (10)’’.

13 SEC. 6. COMPREHENSIVE AFFORDABLE HOUSING STRAT14 EGY.

15 (a) HOME PROGRAM.—Section 218(d) of the Cran16 ston-Gonzalez National Affordable Housing Act (42

17 U.S.C. 12748(d)) is amended in the first sentence, by in18 serting ‘‘that it is complying with a current housing af19 fordability strategy that has been approved by the Sec20 retary in accordance with section 105, and’’ after ‘‘certifi21 cation’’.

22 (b) HOMELESS HOUSING ASSISTANCE PROGRAMS.—

23 Section 401 of the Stewart B. McKinney Homeless Assist24 ance Act (42 U.S.C. 11361) is amended to read as follows:
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1 ‘‘SEC. 401. HOUSING AFFORDABILITY STRATEGY.

2 ‘‘(a) REQUIREMENT TO COMPLY WITH CHAS.—As3 sistance may be made available under subtitle B to metro4 politan cities, urban counties, and States receiving a for5 mula amount under section 413, only if the jurisdiction

6 certifies that it is complying with a current housing afford7 ability strategy that has been approved by the Secretary

8 in accordance with section 105 of the Cranston-Gonzalez

9 National Affordable Housing Act.

10 ‘‘(b) REQUIREMENT FOR CONSISTENCY WITH

11 CHAS.—Assistance may be made available under this title

12 only if the application for such assistance contains a cer13 tification that the proposed project or activities are con14 sistent with the housing affordability strategy of the State

15 or unit of general local government in which the project

16 is located. The certification shall be made by the public

17 official responsible for submitting the strategy for the ju18 risdiction.’’.

19 (c) CONFORMING AMENDMENTS.—Title IV of the

20 Stewart B. McKinney Homeless Assistance Act (42 U.S.C.

21 11361 et seq.) is amended—

22 (1) in section 426(a)(2)—

23 (A) in subparagraph (E), by inserting

24 ‘‘and’’ after the semicolon at the end;

25 (B) by striking subparagraph (F); and
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1 (C) by redesignating subparagraph (G) as

2 subparagraph (F);

3 (2) in section 434(a)—

4 (A) by striking paragraph (10); and

5 (B) by redesignating paragraphs (11),

6 (12), and (13) as paragraphs (10), (11), and

7 (12), respectively; and

8 (3) in section 454(b)—

9 (A) by striking paragraph (9); and

10 (B) by redesignating paragraphs (10),

11 (11), and (12) as paragraphs (9), (10), and

12 (11), respectively.

13 SEC. 7. MATCHING REQUIREMENTS.

14 Section 220(a) of the Cranston-Gonzalez National

15 Affordable Housing Act (42 U.S.C. 12750(a)) is amended

16 to read as follows:

17 ‘‘(a) CONTRIBUTION.—Each participating jurisdic18 tion shall make contributions to housing that qualifies as

19 affordable housing under this title that total, throughout

20 a fiscal year, not less than 25 percent of the funds drawn

21 from the jurisdiction’s HOME Investment Trust Fund in

22 such fiscal year. Such contributions shall be in addition

23 to any amounts made available under section

24 216(3)(A)(ii).’’.
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1 SEC. 8. SEPARATE AUDIT REQUIREMENT.

2 Section 283 of the Cranston-Gonzalez National Af3 fordable Housing Act (42 U.S.C. 12833) is amended—

4 (1) by striking the section designation and

5 heading and inserting the following:

6 ‘‘SEC. 283. AUDITS BY COMPTROLLER GENERAL.’’;

7 (2) by striking subsection (a);

8 (3) in subsection (b)—

9 (A) by striking ‘‘(b) AUDITS BY THE

10 COMPTROLLER GENERAL.—’’;

11 (B) by redesignating paragraphs (1) and

12 (2) as subsections (a) and (b), respectively; and

13 (C) by moving subsections (a) and (b), as

14 redesignated by subparagraph (B), 2 ems to the

15 left so that such subsections are flush with the

16 left margin; and

17 (4) in subsection (a), as redesignated by para18 graph (3)(B), by striking the second sentence.

19 SEC. 9. ENVIRONMENTAL REVIEW.

20 Section 288 of the Cranston-Gonzalez National Af21 fordable Housing Act (42 U.S.C. 12838) is amended—

22 (1) in subsection (a)—

23 (A) in the first sentence, by striking ‘‘par24 ticipating jurisdictions’’ and inserting ‘‘jurisdic25 tions, Indian tribes, or insular areas’’; and
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1 (B) by adding at the end the following new

2 sentences: ‘‘The regulations shall—

3 ‘‘(1) provide for the monitoring of environ4 mental reviews performed under this section;

5 ‘‘(2) at the discretion of the Secretary, facilitate

6 training for the performance of such reviews; and

7 ‘‘(3) establish criteria for the suspension or ter8 mination of the assumption under this section.

9 The Secretary’s duty under this subsection shall not be

10 construed to limit any responsibility assumed by a State

11 or unit of general local government with respect to any

12 particular release of funds.’’;

13 (2) in the first sentence of subsection (b), by

14 striking ‘‘participating jurisdiction’’ and inserting

15 ‘‘jurisdiction, Indian tribe, or insular area’’;

16 (3) in subsection (c)(4)(B), by striking ‘‘partici17 pating jurisdiction’’ and inserting ‘‘jurisdiction, In18 dian tribe, or insular area’’; and

19 (4) in subsection (d), by striking ‘‘ASSISTANCE

20 TO A STATE.—In the case of assistance to States’’

21 and inserting the following: ‘‘ASSISTANCE TO UNITS

22 OF GENERAL LOCAL GOVERNMENT FROM A

23 STATE.—In the case of assistance to units of gen24 eral local government from a State’’.
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1 SEC. 10. USE OF CDBG FUNDS FOR HOME PROGRAM EX2 PENSES.

3 (a) ADMINISTRATIVE EXPENSES.—Section

4 105(a)(13) of the Housing and Community Development

5 Act of 1974 (42 U.S.C. 5305(a)(13)) is amended by in6 serting after ‘‘charges related to’’ the following: ‘‘(A) ad7 ministering the HOME program under title II of the

8 Cranston-Gonzalez National Affordable Housing Act; and

9 (B)’’.

10 (b) PROJECT DELIVERY COSTS.—Section 105(a)(21)

11 of the Housing and Community Development Act of 1974

12 (42 U.S.C. 5305(a)(21)) is amended—

13 (1) by inserting ‘‘in connection with tenant14 based rental assistance and affordable housing

15 projects assisted under title II of the Cranston-Gon16 zalez National Affordable Housing Act’’ after ‘‘hous17 ing counseling’’; and

18 (2) by striking ‘‘authorized’’ and all that follows

19 through ‘‘any law’’ and inserting ‘‘assisted under

20 title II of the Cranston-Gonzalez National Afford21 able Housing Act’’.

22 SEC. 11. MATCHING REQUIREMENT UNDER HOPE III PRO23 GRAM.

24 Section 443(c)(1) of the Cranston-Gonzalez National

25 Affordable Housing Act (42 U.S.C. 12893(c)(1)) is
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1 amended by striking ‘‘33 percent’’ and inserting ‘‘25 per2 cent’’.

3 SEC. 12. FLEXIBILITY OF CDBG PROGRAM FOR DISASTER

4 AREAS.

5 Title I of the Housing and Community Development

6 Act of 1974 (42 U.S.C. 5301 et seq.) is amended by add7 ing at the end the following new section:

8 ‘‘SEC. 122. SUSPENSION OF REQUIREMENTS FOR DISASTER

9 AREAS.

10 ‘‘For the duration that the declaration of an area as

11 a disaster area by the President under title IV of the Rob12 ert T. Stafford Disaster Relief and Emergency Assistance

13 Act is in effect, the Secretary may suspend any or all re14 quirements for assistance under section 106 for such area,

15 except for the requirements related to public notice of

16 funding availability, nondiscrimination, fair housing, labor

17 standards, and environmental standards, and require18 ments that activities benefit persons of low- and moderate19 income.’’.

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