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[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2517 Engrossed Amendment Senate (EAS)]

103d CONGRESS

  1st Session

                               H. R. 2517

_______________________________________________________________________

                               AMENDMENTS
                  In the Senate of the United States,

                     September 23 (legislative day, September 7), 1993.
      Resolved, That the bill from the House of Representatives (H.R. 
2517) entitled ``An Act to establish certain programs and 
demonstrations to assist States and communities in efforts to relieve 
homelessness, assist local community development organizations, and 
provide affordable rental housing for low-income families, and for 
other purposes'', do pass with the following

                              AMENDMENTS:

            Strike out all after the enacting clause and insert:

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``HUD Demonstration Act of 1993''.

SEC. 2. INNOVATIVE HOMELESS INITIATIVES DEMONSTRATION PROGRAM.

    (a) Purpose.--The purpose of this section is to enable the 
Secretary of Housing and Urban Development (hereafter in this Act 
referred to as the ``Secretary''), through cooperative efforts in 
partnership with other levels of government and the private sector, 
including nonprofit organizations, foundations, and communities, to 
demonstrate methods of undertaking comprehensive strategies for 
assisting homeless individuals and families (including homeless 
individuals who have AIDS or who are infected with HIV), through a 
variety of activities, including the coordination of efforts and the 
filling of gaps in available services and resources. In carrying out 
the demonstration, the Secretary shall--
            (1) provide comprehensive homeless demonstration grants 
        under subsection (c); and
            (2) provide innovative project funding under subsection 
        (d).
    (b) Definitions.--For purposes of this section, the following 
definitions shall apply:
            (1) Homeless individual.--The term ``homeless individual'' 
        has the meaning given such term in section 103 of the Stewart 
        B. McKinney Homeless Assistance Act.
            (2) Homeless family.--The term ``homeless family'' means a 
        group of one or more related individuals who are homeless 
        individuals.
            (3) Incorporated definitions.--The terms ``State'', 
        ``metropolitan city'', ``urban county'', ``unit of general 
        local government'', and ``Indian tribe'' have the meanings 
        given such terms in section 102(a) of the Housing and Community 
        Development Act of 1974.
            (4) Jurisdiction.--The term ``jurisdiction'' means a State, 
        metropolitan city, urban county, unit of general local 
        government (including units in rural areas), or Indian tribe.
            (5) Nonprofit organization.--The term ``nonprofit 
        organization'' means an organization--
                    (A) no part of the net earnings of which inures to 
                the benefit of any member, founder, contributor, or 
                individual;
                    (B) that, in the case of a private nonprofit 
                organization, has a voluntary board;
                    (C) that has an accounting system, or has 
                designated a fiscal agent in accordance with 
                requirements established by the Secretary; and
                    (D) that practices nondiscrimination in the 
                provision of assistance.
            (6) Very low-income families.--The term ``very low-income 
        families'' has the meaning given such term in section 3 of the 
        United States Housing Act of 1937.
    (c) Comprehensive Homeless Initiative.--
            (1) Designation.--The Secretary shall designate such 
        jurisdictions as the Secretary may determine for comprehensive 
        homeless initiative funding under this subsection.
            (2) Authority.--The Secretary may provide assistance under 
        this subsection to--
                    (A) jurisdictions designated under paragraph (1) 
                (or entities or instrumentalities established under the 
                authority of such jurisdictions); or
                    (B) nonprofit organizations operating within such 
                jurisdictions,
        to establish comprehensive homeless initiatives to carry out 
        the purpose of this section.
            (3) Criteria.--The Secretary shall establish criteria for 
        designating jurisdictions under paragraph (1), which shall 
        include--
                    (A) the extent of homelessness in the jurisdiction;
                    (B) the extent to which the existing public and 
                private systems for homelessness prevention, outreach, 
                assessment, shelter, services, transitional services, 
                transitional housing, and permanent housing available 
                within the jurisdiction would benefit from additional 
                resources to achieve a comprehensive approach to 
                meeting the needs of individuals and families who are 
                homeless or who are very low-income and at risk of 
                homelessness;
                    (C) the demonstrated willingness and capacity of 
                the jurisdiction to work cooperatively with the 
                Department of Housing and Urban Development (hereafter 
                in this Act referred to as the ``Department''), 
                nonprofit organizations, foundations, other private 
                entities, and the community to design and implement an 
                initiative to achieve the purposes of this subsection;
                    (D) the demonstrated willingness of non-
                governmental organizations to commit financial and 
                other resources to a comprehensive homeless initiative 
                in the jurisdiction;
                    (E) the commitment of the jurisdiction to make 
                necessary changes in policy and procedure to provide 
                sufficient flexibility and resources as necessary to 
                implement and sustain the initiative;
                    (F) national geographic diversity in the 
                designation of jurisdiction; and
                    (G) such other factors as the Secretary determines 
                to be appropriate.
            (4) Consultation.--Prior to designating jurisdictions under 
        paragraph (1), the Secretary shall consult with the Committee 
        on Banking, Finance and Urban Affairs of the House of 
        Representatives and the Committee on Banking, Housing, and 
        Urban Affairs of the Senate regarding such designations.
            (5) Comprehensive strategy.--Recipients of assistance under 
        this subsection shall, in cooperation with the Secretary, other 
        governmental entities, nonprofit organizations, foundations, 
        other private entities, and the community, develop a 
        comprehensive plan that--
                    (A) sets forth a realistic and feasible strategy 
                that contains specific projects and activities to carry 
                out the purpose of this section;
                    (B) demonstrates the willingness of the appropriate 
                government and private entities and other parties to 
                participate cooperatively in this plan;
                    (C) specifies the projects and activities to be 
                funded under this subsection;
                    (D) provides an estimate of the cost of 
                implementing the initiative funded under this 
                subsection;
                    (E) enumerates amounts to be made available to fund 
                the comprehensive homeless initiative by participating 
                governmental entities, nonprofit organizations, 
                foundations, and the community, as appropriate, and 
                requests funds from the Secretary pursuant to this 
                subsection; and
                    (F) provides such other information as the 
                Secretary determines to be appropriate.
            (6) Designation.--The designation referred to in paragraph 
        (1) and assistance provided under paragraph (2) shall be made 
        on a noncompetitive basis.
    (d) Innovative Project Funding.--
            (1) Authority.--The Secretary is authorized to provide 
        assistance under this subsection to jurisdictions and nonprofit 
        organizations operating within such jurisdictions to establish 
        innovative programs to carry out the purpose of this section.
            (2) Applications.--Applications for assistance under this 
        subsection shall be in such form, and shall include such 
        information, as the Secretary shall determine. Each application 
        shall include--
                    (A) a description of the extent of homelessness in 
                the jurisdiction;
                    (B) an explanation of the extent to which the 
                existing systems, both public and private, for 
                homelessness prevention, outreach, assessment, shelter, 
                services, transitional services, transitional housing, 
                and permanent housing available within the jurisdiction 
                would benefit from additional resources to achieve a 
                comprehensive approach to meeting the needs of 
                individuals and families who are homeless, or who are 
                very low-income and at risk of homelessness;
                    (C) a description of the projects and activities 
                for which the applicant is requesting funding under 
                this subsection and the amounts requested;
                    (D) the demonstrated willingness and capacity of 
                the jurisdiction to work cooperatively with the 
                Department, nonprofit organizations, foundations, other 
                private entities, and the community, to the extent 
                feasible, to design and implement an initiative to 
                achieve the purposes of this subsection;
                    (E) a statement of commitment from the jurisdiction 
                to make necessary changes in policy and procedure to 
                provide sufficient flexibility and resources as 
                necessary to implement and sustain the program; and
                    (F) such other information as the Secretary 
                determines to be appropriate.
            (3) Criteria.--The Secretary shall establish selection 
        criteria for awarding assistance under this subsection, which 
        shall include--
                    (A) the extent to which the program described in 
                the application achieves the purpose of this section;
                    (B) the extent to which the applicant demonstrates 
                the capacity to implement a program that achieves the 
                purpose of this section;
                    (C) the extent to which the program described in 
                the application is innovative and may be replicated or 
                may serve as a model for implementation in other 
                jurisdictions;
                    (D) diversity by geography and community type; and
                    (E) such other criteria as the Secretary determines 
                to be appropriate.
    (e) Reports.--
            (1) Recipients of funds.--Each recipient of funds under 
        subsections (c) and (d) shall submit to the Secretary a report 
        or series of reports, in a form and at a time specified by the 
        Secretary. Each report shall--
                    (A) describe the use of funds made available under 
                this section; and
                    (B) include a description and an analysis of the 
                programs and projects funded, the innovative approaches 
                taken, and the level of cooperation among participating 
                parties.
            (2) Interim hud report.--The Secretary shall submit to the 
        Congress, in conjunction with the 1995 legislative 
        recommendations of the Department, a report describing the 
        results of the demonstration program funded under this section 
        to date. The report shall contain a summary and analysis of all 
        information contained in any reports received by the Secretary 
        pursuant to paragraph (1) and shall contain recommendations for 
        future action.
            (3) Final hud report.--Not later than 3 months after all 
        recipient reports have been submitted under paragraph (1), the 
        Secretary shall submit to the Congress a final report. The 
        Secretary's final report shall contain a summary and analysis 
        of all information contained in the reports received by the 
        Secretary pursuant to paragraph (1) and shall contain 
        recommendations for future action.
    (f) Authorization of Appropriations.--There are authorized to be 
appropriated $200,000,000 for fiscal year 1994 to carry out this 
section. Of the amounts appropriated pursuant to this subsection, not 
less than 25 percent shall be used to carry out innovative project 
funding under subsection (d). All funds shall remain available until 
expended.
    (g) Repeal.--This section shall be repealed effective on October 1, 
1994.

SEC. 3. MOVING TO OPPORTUNITIES.

    Section 152(e) of the Housing and Community Development Act of 1992 
(42 U.S.C. 1437f note) is amended in the first sentence by striking 
``$52,100,000'' and inserting ``$165,000,000''.

SEC. 4. CAPACITY BUILDING FOR COMMUNITY DEVELOPMENT AND AFFORDABLE 
              HOUSING.

    (a) In General.--The Secretary is authorized to provide assistance 
through the National Community Development Initiative to develop the 
capacity and ability of community development corporations and 
community housing development organizations to undertake community 
development and affordable housing projects and programs.
    (b) Form of Assistance.--Assistance under this section may be used 
for--
            (1) training, education, support, and advice to enhance the 
        technical and administrative capabilities of community 
        development corporations and community housing development 
        organizations;
            (2) loans, grants, or predevelopment assistance to 
        community development corporations and community housing 
        development organizations to carry out community development 
        and affordable housing activities that benefit low-income 
        families; and
            (3) such other activities as may be determined by the 
        National Community Development Initiative in consultation with 
        the Secretary.
    (c) Matching Requirement.--Assistance provided under this section 
shall be matched from private sources in an amount equal to 3 times the 
amount made available under this section.
    (d) Implementation.--The Secretary shall by notice establish such 
requirements as may be necessary to carry out the provisions of this 
section. The notice shall take effect upon issuance.
    (e) Authorization.--There are authorized to be appropriated 
$25,000,000 for fiscal year 1994 to carry out this section.

SEC. 5. AUTHORIZATION FOR COMMUNITY HOUSING PARTNERSHIPS AND SUPPORT 
              FOR STATE AND LOCAL HOUSING STRATEGIES.

    Section 205 of the Cranston-Gonzalez National Affordable Housing 
Act (12 U.S.C. 12724) is amended--
            (1) in paragraph (1), by striking ``$14,000,000 for fiscal 
        year 1994'' and inserting ``$25,000,000 for fiscal year 1994''; 
        and
            (2) in paragraph (2), by striking ``$11,000,000 for fiscal 
        year 1994'' and inserting ``$22,000,000 for fiscal year 1994''.

SEC. 6. SECTION 8 COMMUNITY INVESTMENT DEMONSTRATION PROGRAM.

    (a) Demonstration Program.--The Secretary shall carry out a 
demonstration program to attract pension fund investment in affordable 
housing through the use of project-based rental assistance under 
section 8 of the United States Housing Act of 1937.
    (b) Funding Requirements.--In carrying out this section, the 
Secretary shall ensure that not less than 50 percent of the funds 
appropriated for the demonstration program each year are used in 
conjunction with the disposition of either--
            (1) multifamily properties owned by the Department; or
            (2) multifamily properties securing mortgages held by the 
        Department.
    (c) Contract Terms.--
            (1) In general.--Project-based assistance under this 
        section shall be provided pursuant to a contract entered into 
        by the Secretary and the owner of the eligible housing that--
                    (A) provides assistance for a term of not less than 
                60 months and not greater than 180 months; and
                    (B) provides for contract rents, to be determined 
                by the Secretary, which shall not exceed contract rents 
                permitted under section 8 of the United States Housing 
                Act of 1937, taking into consideration any costs for 
                the construction, rehabilitation, or acquisition of the 
                housing.
            (2) Amendment to section 203.--Section 203 of the Housing 
        and Community Development Amendments of 1978 (12 U.S.C. 1701z-
        11) is amended by adding at the end the following new 
        subsection:
    ``(l) Project-based assistance in connection with the disposition 
of a multifamily housing project may be provided for a contract term of 
less than 15 years if such assistance is provided--
            ``(1) under a contract authorized under section 6 of the 
        HUD Demonstration Act of 1993; and
            ``(2) pursuant to a disposition plan under this section for 
        a project that is determined by the Secretary to be otherwise 
        in compliance with this section.''.
    (d) Limitation.--(1) The Secretary may not provide (or make a 
commitment to provide) more than 50 percent of the funding for housing 
financed by any single pension fund, except that this limitation shall 
not apply if the Secretary, after the end of the 6-month period 
beginning on the date notice is issued under subsection (e)--
            (A) determines that--
                    (i) there are no expressions of interest that are 
                likely to result in approvable applications in the 
                reasonably foreseeable future; or
                    (ii) any such expressions of interest are not 
                likely to use all funding under this section; and
            (B) so informs the Committee on Banking, Finance and Urban 
        Affairs of the House of Representatives and the Committee on 
        Banking, Housing, and Urban Affairs of the Senate.
    (2) If the Secretary determines that there are expressions of 
interest referred to in paragraph (1)(A)(ii), the Secretary may reserve 
funding sufficient in the Secretary's determination to fund such 
applications and may use any remaining funding for other pension funds 
in accordance with this section.
    (e) Implementation.--The Secretary shall by notice establish such 
requirements as may be necessary to carry out the provisions of this 
section. The notice shall take effect upon issuance.
    (f) Applicability of ERISA.--Notwithstanding section 514(d) of the 
Employee Retirement Income Security Act of 1974, nothing in this 
section shall be construed to authorize any action or failure to act 
that would constitute a violation of such Act.
    (g) Report.--Not later than 3 months after the last day of each 
fiscal year, the Secretary shall submit to the Committee on Banking, 
Finance and Urban Affairs of the House of Representatives and the 
Committee on Banking, Housing, and Urban Affairs of the Senate a report 
summarizing the activities carried out under this section during that 
fiscal year.
    (h) Establishment of Standards.--Mortgages secured by housing 
assisted under this demonstration shall meet such standards regarding 
financing and securitization as the Secretary may establish.
    (i) GAO Study.--The Comptroller General of the United States shall 
conduct a study evaluating the demonstration authorized under this 
section and shall report its findings to the Committee on Banking, 
Finance and Urban Affairs of the House of Representatives and the 
Committee on Banking, Housing, and Urban Affairs of the Senate not 
later than 3 months after the conclusion of the demonstration.
    (j) Authorization of Appropriations.--There are authorized to be 
appropriated $100,000,000 for fiscal year 1994 to carry out this 
section.
    (k) Termination Date.--The Secretary shall not enter into any new 
commitment to provide assistance under this section after September 30, 
1998.

SEC. 7. NATIONAL COMMISSION ON MANUFACTURED HOUSING.

    (a) Extension of Commission.--Section 943(g) of the Cranston-
Gonzalez National Affordable Housing Act (Public Law 101-625; 104 Stat. 
4415) is amended by striking ``on October 1, 1993'' and inserting ``on 
October 1, 1994''.
    (b) Final Report.--Section 943(d)(2) of the Cranston-Gonzalez 
National Affordable Housing Act (Public Law 101-625; 104 Stat. 4414) is 
amended by striking ``9 months after the Commission is established 
pursuant to subsection (b)'' and inserting ``August 1, 1994''.
    (c) Interim Report.--Section 943(d) of the Cranston-Gonzalez 
National Affordable Housing Act (Public Law 101-625; 104 Stat. 4414) is 
amended--
            (1) by redesignating paragraph (2) (as amended by 
        subsection (b) of this section) as paragraph (3); and
            (2) by inserting after paragraph (1) the following new 
        paragraph:
            ``(2) Interim report.--Not later than March 1, 1994, the 
        Commission shall submit an interim report to the Secretary and 
        the Congress. The report shall describe the activities of the 
        Commission under paragraph (1) and shall contain any 
        information specified in such paragraph that is available to 
        the Commission and any evaluations and recommendations 
        specified in such paragraph that may be made by the Commission, 
        at such time.''.
    (d) Authorization of Appropriations.--Section 943(f) of the 
Cranston-Gonzalez National Affordable Housing Act (Public Law 101-625; 
104 Stat. 4415) is amended by inserting after the first sentence the 
following new sentence: ``There are authorized to be appropriated for 
fiscal year 1994 such sums as may be necessary to carry out this 
section.''.

SEC. 8. RECIPROCITY IN APPROVAL OF HOUSING SUBDIVISIONS AMONG FEDERAL 
              AGENCIES.

    (a) Extension of Authority.--Section 535(b) of the Housing Act of 
1949 (42 U.S.C. 1490o(b)) is amended by striking ``June 15, 1993'' and 
inserting ``September 30, 1994''.
    (b) Retroactivity.--An administrative approval of a housing 
subdivision made after June 15, 1993, and before the date of the 
enactment of this Act is approved and shall be considered to have been 
lawfully made, but only if otherwise made in accordance with the 
provisions of section 535(b) of the Housing Act of 1949.

SEC. 9. FHA INSURANCE AUTHORITY.

    Section 531(b) of the National Housing Act (12 U.S.C. 1735f-9(b)) 
is amended by striking ``$65,905,824,960'' and inserting 
``$110,165,000,000''.

SEC. 10. GNMA GUARANTEE AUTHORITY.

    Section 306(g)(2) of the National Housing Act (12 U.S.C. 
1721(g)(2)) is amended by striking ``$88,000,000,000'' and inserting 
``$107,700,000,000''.

SEC. 11. ADMINISTRATION OF SECTION 8 PROGRAM.

    (a) Administrative Fee.--Notwithstanding the second sentence of 
section 8(q)(1) of the United States Housing Act of 1937, other 
applicable law, or any implementing regulations and related 
requirements, the fee for the ongoing costs of administering the 
certificate and housing voucher programs under subsections (b) and (o) 
of section 8 of such Act during fiscal year 1994 shall be--
            (1) not less than a fee calculated in accordance with the 
        fair market rents for Federal fiscal year 1993; or
            (2) not more than--
                    (A) a fee calculated in accordance with section 
                8(q) of such Act, except that such fee shall not be in 
                excess of 3.5 percent above the fee calculated in 
                accordance with paragraph (1); or
                    (B) to the extent approved in an appropriation Act, 
                a fee calculated in accordance with such section 8(q).
    (b) Study.--
            (1) In general.--The Secretary shall conduct a study 
        assessing the costs incurred by public housing agencies in 
        administering the voucher and certificate programs under 
        subsections (b) and (o) of section 8 of the United States 
        Housing Act of 1937.
            (2) Specific requirements.--The study conducted under this 
        subsection shall--
                    (A) take into account variances in costs 
                attributable to the geographic area, the tenant 
                population, and the number of units covered by a public 
                housing agency; and
                    (B) include an analysis of the costs associated 
                with Federal mandates, such as the family self-
                sufficiency program, and such other factors that the 
                Secretary determines to be appropriate.
            (3) Submission to congress.--The Secretary shall submit to 
        the Congress a report containing the results of the study 
        conducted under this subsection in conjunction with the 
        Department of Housing and Urban Development's 1994 legislative 
        recommendations.

SEC. 12. AMENDMENTS TO PUBLIC LAW 102-389.

    (a) Extension of Time.--Subject to appropriations made in advance 
in an appropriations Act, title II of the Departments of Veterans 
Affairs and Housing and Urban Development, and Independent Agencies 
Appropriations Act, 1993 (Public Law 102-389), is amended under the 
heading ``Administrative Provisions'' in the second undesignated 
paragraph by striking ``October 1, 1993'' and inserting ``October 1, 
1994''.
    (b) Project-Based Assistance.--Title II of the Departments of 
Veterans Affairs and Housing and Urban Development, and Independent 
Agencies Appropriations Act, 1993 (Public Law 102-389), is amended 
under the heading ``Administrative Provisions'' in the ninth 
undesignated paragraph by inserting ``(which may be project-based 
assistance)'' after ``36 units''.
    Amend the title so as to read: ``An Act to enable the Secretary of 
Housing and Urban Development to demonstrate innovative strategies for 
assisting homeless individuals, to develop the capacity of community 
development corporations and community housing development 
organizations to undertake community development and affordable housing 
projects and programs, to encourage pension fund investment in 
affordable housing, and for other purposes.''.

            Attest:

                                                             Secretary.

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