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.

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; DEFINITION.

4 (a) SHORT TITLE.—This Act may be cited as the

5 ‘‘Housing Opportunity Program Extension Act of 1995’’.
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1 (b) DEFINITION.—For purposes of this Act, the term

2 ‘‘Secretary’’ means the Secretary of Housing and Urban

3 Development.

4 SEC. 2. SECTION 8 CONTRACT RENEWALS.

5 (a) IN GENERAL.—To the extent that amounts are

6 made available in advance in any appropriations Act for

7 contract renewals under section 8 of the United States

8 Housing Act of 1937 for fiscal year 1996, with respect

9 to any project that is determined by the Secretary to meet

10 housing quality standards under the United States Hous11 ing Act of 1937 and to be otherwise in compliance with

12 that Act, at the request of the owner of the project, the

13 Secretary shall renew, for a period of 1 year, any contract

14 for project-based assistance under section 8 of the United

15 States Housing Act of 1937 that expires or terminates

16 during fiscal year 1996, at current rent levels under the

17 expiring or terminating contract.

18 (b) AMENDMENTS TO THE NATIONAL HOUSING

19 ACT.—Section 236(f) of the National Housing Act (12

20 U.S.C. 1715z–1(f)) is amended—

21 (1) in paragraph (1), by striking the second

22 sentence and inserting the following: ‘‘The rental

23 charge for each dwelling unit shall be at the basic

24 rental charge, or such greater amount, not to exceed

25 the lesser of (i) the fair market rental charge deter-
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1 mined pursuant to this paragraph, or (ii) the fair

2 market rental established under section 8(c) of the

3 United States Housing Act of 1937 for existing

4 housing in the market area in which the housing is

5 located, as represents 30 percent of the tenant’s ad6 justed income.’’; and

7 (2) by striking paragraph (6).

8 SEC. 3. COMMUNITY DEVELOPMENT BLOCK GRANT ELIGI9 BLE ACTIVITIES.

10 Notwithstanding the amendments made by section

11 907(b)(2) of the Cranston-Gonzalez National Affordable

12 Housing Act, section 105(a)(25) of the Housing and Com13 munity Development Act of 1974, as in existence on Sep14 tember 30, 1995, shall apply to the use of assistance made

15 available under title I of the Housing and Community De16 velopment Act of 1974 during fiscal year 1996.

17 SEC. 4. EXTENSION OF RURAL HOUSING PROGRAMS.

18 (a) UNDERSERVED AREAS SET-ASIDE.—Section

19 509(f)(4)(A) of the Housing Act of 1949 (42 U.S.C.

20 1479(f)(4)(A)) is amended—

21 (1) in the first sentence, by striking ‘‘fiscal

22 years 1993 and 1994’’ and inserting ‘‘fiscal year

23 1996’’; and

24 (2) in the second sentence, by striking ‘‘each’’.
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1 (b) RURAL MULTIFAMILY RENTAL HOUSING.—Sec2 tion 515(b)(4) of the Housing Act of 1949 (42 U.S.C.

3 1485(b)(4)) is amended by striking ‘‘September 30, 1994’’

4 and inserting ‘‘September 30, 1996’’.

5 (c) RURAL RENTAL HOUSING FUNDS FOR NON6 PROFIT ENTITIES.—The first sentence of section

7 515(w)(1) of the Housing Act of 1949 (42 U.S.C.

8 1485(w)(1)) is amended by striking ‘‘fiscal years 1993

9 and 1994’’ and inserting ‘‘fiscal year 1996’’.

10 SEC. 5. EXTENSION OF FHA MORTGAGE INSURANCE PRO11 GRAM FOR HOME EQUITY CONVERSION

12 MORTGAGES.

13 (a) EXTENSION OF PROGRAM.—The first sentence of

14 section 255(g) of the National Housing Act (12 U.S.C.

15 1715z–20(g)) is amended by striking ‘‘September 30,

16 1995’’ and inserting ‘‘September 30, 1996’’.

17 (b) LIMITATION ON NUMBER OF MORTGAGES.—The

18 second sentence of section 255(g) of the National Housing

19 Act (12 U.S.C. 1715z–20(g)) is amended by striking

20 ‘‘25,000’’ and inserting ‘‘30,000’’.

21 SEC. 6. EXTENSION OF MULTIFAMILY HOUSING FINANCE

22 PROGRAMS.

23 (a) RISK-SHARING PILOT PROGRAM.—The first sen24 tence of section 542(b)(5) of the Housing and Community

25 Development Act of 1992 (12 U.S.C. 1707 note) is
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1 amended by striking ‘‘on not more than 15,000 units over

2 fiscal years 1993 and 1994’’ and inserting ‘‘on not more

3 than 7,500 units during fiscal year 1996’’.

4 (b) HOUSING FINANCE AGENCY PILOT PROGRAM.—

5 The first sentence of section 542(c)(4) of the Housing and

6 Community Development Act of 1992 (12 U.S.C. 1707

7 note) is amended by striking ‘‘on not to exceed 30,000

8 units over fiscal years 1993, 1994, and 1995’’ and insert9 ing ‘‘on not more than 10,000 units during fiscal year

10 1996’’.

11 SEC. 7. CAPACITY BUILDING FOR COMMUNITY DEVELOP12 MENT AND AFFORDABLE HOUSING.

13 Section 4 of the HUD Demonstration Act of 1993

14 (42 U.S.C. 9816 note) is amended—

15 (1) in subsection (a)—

16 (A) by striking ‘‘Initiative to develop’’ and

17 inserting the following: ‘‘Initiative—

18 ‘‘(1) to develop’’;

19 (B) by striking the period at the end and

20 inserting ‘‘; and’’; and

21 (C) by adding at the end the following new

22 paragraph:

23 ‘‘(2) for national or regional organizations or

24 consortia, including Habitat for Humanity Inter25 national, that have experience in providing or facili-
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1 tating self-help housing homeownership opportuni2 ties.’’;

3 (2) in subsection (b)—

4 (A) in paragraph (2), by striking ‘‘and’’ at

5 the end;

6 (B) by redesignating paragraph (3) as

7 paragraph (4); and

8 (C) by inserting after paragraph (2) the

9 following:

10 ‘‘(3) innovative homeownership opportunities

11 for the acquisition and rehabilitation of single family

12 housing through the provision of self-help housing,

13 under which the homeowner contributes a significant

14 amount of sweat equity toward the construction of

15 the new dwelling; and’’; and

16 (3) by striking subsection (e) and inserting the

17 following:

18 ‘‘(e) AUTHORIZATION.—There are authorized to be

19 appropriated to carry out this section $50,000,000 for fis20 cal year 1996, of which $25,000,000 shall be made avail21 able to Habitat for Humanity International for activities

22 under this section.’’.
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1 SEC. 8. THE NATIONAL CITIES IN SCHOOLS COMMUNITY

2 DEVELOPMENT PROGRAM.

3 Section 930(c) of the Housing and Community Devel4 opment Act of 1992 (Public Law 102–550, 106 Stat.

5 3887) is amended to read as follows:

6 ‘‘(c) AUTHORIZATION.—There are authorized to be

7 appropriated to carry out this section $10,000,000 for fis8 cal year 1996.’’.

9 SEC. 9. AMENDMENTS TO THE UNITED STATES HOUSING

10 ACT OF 1937 FOR SAFETY AND SECURITY IN

11 PUBLIC AND ASSISTED HOUSING.

12 (a) CONTRACT PROVISIONS AND REQUIREMENTS.—

13 Section 6 of the United States Housing Act of 1937 (42

14 U.S.C. 1437d) is amended—

15 (1) in subsection (k), by striking ‘‘on or near

16 such premises’’ and inserting ‘‘on or off such prem17 ises’’; and

18 (2) in subsection (l)(5), by striking ‘‘on or near

19 such premises’’ and inserting ‘‘on or off such prem20 ises’’.

21 (b) AVAILABILITY OF CRIMINAL RECORDS FOR

22 SCREENING AND EVICTION; EVICTION FOR DRUG-RELAT23 ED ACTIVITY.—Section 6 of the United States Housing

24 Act of 1937 (42 U.S.C. 1437d) is amended by adding at

25 the end the following new subsections:

26 ‘‘(q) AVAILABILITY OF RECORDS.—
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1 ‘‘(1) IN GENERAL.—

2 ‘‘(A) PROVISION OF INFORMATION.—Not3 withstanding any other provision of law, except

4 as provided in subparagraph (B), the National

5 Crime Information Center, police departments,

6 and other law enforcement agencies shall, upon

7 request, provide information to public housing

8 agencies regarding the criminal conviction

9 records of adult applicants for, or tenants of,

10 public housing for purposes of applicant screen11 ing, lease enforcement, and eviction.

12 ‘‘(B) EXCEPTION.—Except as provided

13 under any provision of State, tribal, or local

14 law, no law enforcement agency described in

15 subparagraph (A) shall provide information

16 under this paragraph relating to any criminal

17 conviction if the date of that conviction oc18 curred 5 or more years prior to the date on

19 which the request for the information is made.

20 ‘‘(2) OPPORTUNITY TO DISPUTE.—Before an

21 adverse action is taken with regard to assistance

22 under this title on the basis of a criminal record, the

23 public housing agency shall provide the tenant or ap24 plicant with a copy of the criminal record and an op-
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1 portunity to dispute the accuracy and relevance of

2 that record.

3 ‘‘(3) FEE.—A public housing agency may be

4 charged a reasonable fee for information provided

5 under paragraph (1).

6 ‘‘(4) RECORDS MANAGEMENT.—Each public

7 housing agency shall establish and implement a sys8 tem of records management that ensures that any

9 criminal record received by the public housing agen10 cy is—

11 ‘‘(A) maintained confidentially;

12 ‘‘(B) not misused or improperly dissemi13 nated; and

14 ‘‘(C) destroyed, once the purpose for which

15 the record was requested has been accom16 plished.

17 ‘‘(5) DEFINITION.—For purposes of this sub18 section, the term ‘adult’ means a person who is 18

19 years of age or older, or who has been convicted of

20 a crime as an adult under any Federal, State, or

21 tribal law.

22 ‘‘(r) EVICTION FOR DRUG-RELATED ACTIVITY.—Any

23 tenant evicted from housing assisted under this title by

24 reason of drug-related criminal activity (as that term is

25 defined in section 8(f)(5)) shall not be eligible for housing
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1 assistance under this title during the 3-year period begin2 ning on the date of such eviction, unless the evicted tenant

3 successfully completes a rehabilitation program approved

4 by the public housing agency (which shall include a waiver

5 of this subsection if the circumstances leading to eviction

6 no longer exist).’’.

7 (c) LIMITATION ON OCCUPANCY IN ELDERLY AND

8 DISABLED HOUSING.—

9 (1) IN GENERAL.—Section 7 of the United

10 States Housing Act of 1937 (42 U.S.C. 1437e) is

11 amended by adding at the end the following new

12 subsection:

13 ‘‘(h) LIMITATION ON OCCUPANCY IN DESIGNATED

14 PROJECTS.—

15 ‘‘(1) OCCUPANCY LIMITATION.—Notwithstand16 ing any other provision of law, a dwelling unit in a

17 public housing project (or portion of a project) that

18 is designated under subsection (a) shall not be occu19 pied by any person whose illegal use (or pattern of

20 illegal use) of a controlled substance or abuse (or

21 pattern of abuse) of alcohol provides reasonable

22 cause for the public housing agency to believe that

23 such occupancy could interfere with the health, safe24 ty, or right to peaceful enjoyment of the premises by

25 the tenants of the public housing project.
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1 ‘‘(2) REQUIRED STATEMENT.—A public housing

2 agency may not make a dwelling unit in a public

3 housing project (or portion of a project) designated

4 under subsection (a) available for occupancy to any

5 family, unless the application for occupancy by that

6 family is accompanied by a signed statement that no

7 person who will be occupying the unit illegally uses

8 a controlled substance, or abuses alcohol, in a man9 ner that would interfere with the health, safety, or

10 right to peaceful enjoyment of the premises by the

11 tenants of the public housing project.’’.

12 (2) LEASE PROVISIONS.—Section 6(l) of the

13 United States Housing Act of 1937 (42 U.S.C.

14 1437d(l)) is amended—

15 (A) in paragraph (5), by striking ‘‘and’’ at

16 the end;

17 (B) by redesignating paragraph (6) as

18 paragraph (7); and

19 (C) by inserting after paragraph (5) the

20 following new paragraph:

21 ‘‘(6) provide that any occupancy in violation of

22 section 7(h)(1) or the furnishing of any false or mis23 leading information pursuant to section 7(h)(2) shall

24 be cause for termination of tenancy; and’’.
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1 (d) INELIGIBILITY OF ILLEGAL DRUG USERS AND

2 ALCOHOL ABUSERS FOR ASSISTED HOUSING.—Section

3 16 of the United States Housing Act of 1937 (42 U.S.C.

4 1437n) is amended by adding at the end the following new

5 subsection:

6 ‘‘(e) INELIGIBILITY OF ILLEGAL DRUG USERS AND

7 ALCOHOL ABUSERS.—

8 ‘‘(1) IN GENERAL.—Notwithstanding any other

9 provision of law, a public housing agency shall estab10 lish standards for occupancy in public housing dwell11 ing units—

12 ‘‘(A) that prohibit occupancy in any such

13 unit by any person—

14 ‘‘(i) who the public housing agency

15 determines is illegally using a controlled

16 substance; or

17 ‘‘(ii) if the public housing agency de18 termines that it has reasonable cause to

19 believe that such person’s illegal use (or

20 pattern of illegal use) of a controlled sub21 stance, or abuse (or pattern of abuse) of

22 alcohol, could interfere with the health,

23 safety, or right to peaceful enjoyment of

24 the premises by the tenants of the public

25 housing project; and
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1 ‘‘(B) that allow the public housing agency

2 to terminate the tenancy in any public housing

3 unit of any person—

4 ‘‘(i) if the public housing agency de5 termines that such person is illegally using

6 a controlled substance; or

7 ‘‘(ii) whose illegal use of a controlled

8 substance, or whose abuse of alcohol, is de9 termined by the public housing agency to

10 interfere with the health, safety, or right to

11 peaceful enjoyment of the premises by the

12 tenants of the public housing project.

13 ‘‘(2) INAPPLICABILITY TO INDIAN HOUSING.—

14 This subsection does not apply to any dwelling unit

15 assisted by an Indian housing authority.’’.

16 SEC. 10. ELIGIBLE HOME EQUITY CONVERSION MORT17 GAGES.

18 Section 255(d)(3) of the National Housing Act (12

19 U.S.C. 1715z–20(d)(3)) is amended to read as follows:

20 ‘‘(3) be secured by a dwelling that is designed

21 principally for a 1- to 4-family residence in which

22 the mortgagor occupies 1 of the units;’’.
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1 SEC. 11. APPLICABILITY.

2 This Act and the amendments made by this Act shall

3 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

retary of Agriculture, and for other purposes.of Housing and Urban Development and the Seccertain programs administered by the Secretary