300
(ii) Enhancing the livability of a
dwelling for all residents, including the
dwelling for each particular resident.
(iii) Avoiding undue physical deterio-
ration of the dwelling and property.
(B) EXCEPTION.—The term ‘‘occupancy
standard’’ does not include a Federal, State, or
local restriction regarding the maximum num-
ber of persons permitted to occupy a dwelling
for the sole purpose of protecting the health
and safety of the residents of a dwelling, includ-
ing building and housing code provisions.
(2) INFANT.—The term ‘‘infant’’ means a child
who—
(A) is less than 6 months old; and
(B) sleeps in the same bedroom as the
child’s parent, guardian, legal custodian, or per-
son applying for that status with respect to that
child.
(e) INAPPLICABILITY.—
(1) PURPOSEFUL DISCRIMINATION.—This sec-
tion does not apply to any purposeful discrimination
on the basis of race, color, religion, sex, familial sta-
tus, handicap, or national origin.
301
(2) DISCRIMINATION ON THE BASIS OF HANDI-
CAP.—Nothing in this section shall be construed to
affect the decision of the United States Supreme
Court set forth in City of Edmonds, WA v. Oxford
House, Inc. (115 S. Ct. 1776 (1995)).
SEC. 703. IMPLEMENTATION OF PLAN.
(a) IMPLEMENTATION.—
(1) IN
GENERAL.—Not later than 120 days
after the date of the enactment of this Act, the Sec-
retary shall implement the Ida Barbour Revitaliza-
tion Plan of the City of Portsmouth, Virginia, in a
manner consistent with existing limitations under
law.
(2) WAIVERS.—In carrying out paragraph (1),
the Secretary shall consider and make any waivers
to existing regulations and other requirements con-
sistent with the plan described in paragraph (1) to
enable timely implementation of such plan, except
that generally applicable regulations and other re-
quirements governing the award of funding under
programs for which assistance is applied for in con-
nection with such plan shall apply.
(b) REPORT.—
(1) IN GENERAL.—Not later than 1 year after
the date of the enactment of this Act and annually
302
thereafter through the year 2000, the city described
in subsection (a)(1) shall submit a report to the Sec-
retary on progress in implementing the plan de-
scribed in that subsection.
(2) CONTENTS.—Each report submitted under
this subsection shall include—
(A) quantifiable measures revealing the in-
crease in homeowners, employment, tax base,
voucher allocation, leverage ratio of funds, im-
pact on and compliance with the consolidated
plan of the city;
(B) identification of regulatory and statu-
tory obstacles that—
(i) have caused or are causing unnec-
essary delays in the successful implementa-
tion of the consolidated plan; or
(ii) are contributing to unnecessary
costs associated with the revitalization; and
(C) any other information that the Sec-
retary considers to be appropriate.
SEC. 704. INCOME ELIGIBILITY FOR HOME AND CDBG PRO-
GRAMS.
(a) HOME INVESTMENT PARTNERSHIPS.—The Cran-
ston-Gonzalez National Affordable Housing Act is amend-
ed as follows:
303
(1) DEFINITIONS.—In section 104(10) (42
U.S.C. 12704(10))—
(A) by striking ‘‘income ceilings higher or
lower’’ and inserting ‘‘an income ceiling high-
er’’;
(B) by striking ‘‘variations are’’ and in-
serting ‘‘variation is’’; and
(C) by striking ‘‘high or’’.
(2) INCOME TARGETING.—In section 214(1)(A)
(42 U.S.C. 12744(1)(A))—
(A) by striking ‘‘income ceilings higher or
lower’’ and inserting ‘‘an income ceiling high-
er’’;
(B) by striking ‘‘variations are’’ and in-
serting ‘‘variation is’’; and
(C) by striking ‘‘high or’’.
(3) RENT LIMITS.—In section 215(a)(1)(A) (42
U.S.C. 12745(a)(1)(A))—
(A) by striking ‘‘income ceilings higher or
lower’’ and inserting ‘‘an income ceiling high-
er’’;
(B) by striking ‘‘variations are’’ and in-
serting ‘‘variation is’’; and
(C) by striking ‘‘high or’’.
304
(b) CDBG.—Section 102(a)(20) of the Housing and
Community Development Act of 1974 (42 U.S.C.
5302(a)(20)) is amended by striking subparagraph (B)
and inserting the following new subparagraph:
‘‘(B) The Secretary may—
‘‘(i) with respect to any reference in sub-
paragraph (A) to 50 percent of the median in-
come of the area involved, establish percentages
of median income for any area that are higher
or lower than 50 percent if the Secretary finds
such variations to be necessary because of un-
usually high or low family incomes in such area;
and
‘‘(ii) with respect to any reference in sub-
paragraph (A) to 80 percent of the median in-
come of the area involved, establish a percent-
age of median income for any area that is high-
er than 80 percent if the Secretary finds such
variation to be necessary because of unusually
low family incomes in such area.’’.
SEC. 705. PROHIBITION OF USE OF CDBG GRANTS FOR EM-
PLOYMENT RELOCATION ACTIVITIES.
Section 105 of the Housing and Community Develop-
ment Act of 1974 (42 U.S.C. 5305) is amended by adding
at the end the following new subsection:
305
‘‘(h) PROHIBITION OF USE OF ASSISTANCE FOR EM-
PLOYMENT RELOCATION ACTIVITIES.—Notwithstanding
any other provision of law, no amount from a grant under
section 106 made in fiscal year 1997 or any succeeding
fiscal year may be used for any activity (including any in-
frastructure improvement) that is intended, or is likely,
to facilitate the relocation or expansion of any industrial
or commercial plant, facility, or operation, from one area
to another area, if the relocation or expansion will result
in a loss of employment in the area from which the reloca-
tion or expansion occurs.’’.
SEC. 706. USE OF AMERICAN PRODUCTS.
(a) PURCHASE
OF AMERICAN-MADE EQUIPMENT
AND PRODUCTS.—It is the sense of the Congress that, to
the greatest extent practicable, all equipment and products
purchased with funds made available in this Act should
be American made.
(b) NOTICE REQUIREMENT.—In providing financial
assistance to, or entering into any contract with, any en-
tity using funds made available in this Act, the head of
each Federal agency, to the greatest extent practicable,
shall provide to such entity a notice describing the state-
ment made in subsection (a) by the Congress.
306
SEC. 707. CONSULTATION WITH AFFECTED AREAS IN SET-
TLEMENT OF LITIGATION.
In negotiating any settlement of, or consent decree
for, any litigation regarding public housing or rental as-
sistance (under title III of this Act or the United States
Housing Act of 1937, as in effect before the effective date
of this Act) that involves the Secretary and any public
housing agency or any unit of general local government,
the Secretary shall consult with any units of general local
government and public housing agencies having jurisdic-
tions that are adjacent to the jurisdiction of the public
housing agency involved.
SEC. 708. USE OF ASSISTED HOUSING BY ALIENS.
Section 214 of the Housing and Community Develop-
ment Act of 1980 (42 U.S.C. 1436a) is amended—
(1) in subsection (b)(2), by striking ‘‘Secretary
of Housing and Urban Development’’ and inserting
‘‘applicable Secretary’’;
(2) in subsection (c)(1)(B), by moving clauses
(ii) and (iii) 2 ems to the left;
(3) in subsection (d)—
(A) in paragraph (1)(A)—
(i) by striking ‘‘Secretary of Housing
and Urban Development’’ and inserting
‘‘applicable Secretary’’; and
307
(ii) by striking ‘‘the Secretary’’ and
inserting ‘‘the applicable Secretary’’;
(B) in paragraph (2), in the matter follow-
ing subparagraph (B)—
(i) by inserting ‘‘applicable’’ before
‘‘Secretary’’; and
(ii) by moving such matter (as so
amended by clause (i)) 2 ems to the right;
(C) in paragraph (4)(B)(ii), by inserting
‘‘applicable’’ before ‘‘Secretary’’;
(D) in paragraph (5), by striking ‘‘the Sec-
retary’’ and inserting ‘‘the applicable Sec-
retary’’; and
(E) in paragraph (6), by inserting ‘‘appli-
cable’’ before ‘‘Secretary’’;
(4) in subsection (h) (as added by section 576
of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (division C of Public Law
104–208))—
(A) in paragraph (1)—
(i) by striking ‘‘Except in the case of
an election under paragraph (2)(A), no’’
and inserting ‘‘No’’;
(ii) by striking ‘‘this section’’ and in-
serting ‘‘subsection (d)’’; and
308
(iii) by inserting ‘‘applicable’’ before
‘‘Secretary’’; and
(B) in paragraph (2)—
(i) by striking subparagraph (A) and
inserting the following new subparagraph:
‘‘(A) may, notwithstanding paragraph (1)
of this subsection, elect not to affirmatively es-
tablish and verify eligibility before providing fi-
nancial assistance’’; and
(ii) in subparagraph (B), by striking
‘‘in complying with this section’’ and in-
serting ‘‘in carrying out subsection (d)’’;
and
(5) by redesignating subsection (h) (as amended
by paragraph (4)) as subsection (i).
SEC. 709. USE OF FEDERAL EXCESS AND SURPLUS PROP-
ERTY FOR SELF-HELP HOUSING PROGRAMS.
(a) AUTHORITY TO TRANSFER FEDERAL PROPERTY
FOR SELF-HELP HOUSING PROGRAMS AND OTHER HOUS-
ING ASSISTANCE.—
(1) AUTHORITY.—Section 203(k) of the Fed-
eral Property and Administrative Services Act of
1949 (40 U.S.C. 484(k)) is amended by adding at
the end the following new paragraph:
309
‘‘(6)(A) Under such regulations as the Administrator
may prescribe after consultation with the Secretary of
Housing and Urban Development and the Secretary of
Health and Human Services, and subject to section
501(f)(3)(A) of the Stewart B. McKinney Homeless As-
sistance Act, the Administrator may transfer to any quali-
fied person, without consideration, such real and related
personnel surplus property as is recommended by the Sec-
retary of Housing and Urban Development as being need-
ed for use for a self-help housing program.
‘‘(B) For purposes of this paragraph:
‘‘(i) The term ‘qualified person’ means a person
to which a grant may be made under section 11(a)
of the Housing Opportunity Program Extension Act
of 1996 (Public Law 104–120; 110 Stat. 841).
‘‘(ii) The term ‘self-help housing program’
means a program of assistance that—
‘‘(I) is conducted by a qualified person;
and
‘‘(II) contributes to meeting goals de-
scribed in section 11(b) (1), (3), (4), (5), and
(6) of the Housing Opportunity Program Ex-
tension Act of 1996 (Public Law 104–120; 110
Stat. 841).’’.
310
(2) 
CONFORMING
AMENDMENT.—Section
203(k)(4) of the Federal Property and Administra-
tive Services Act of 1949 (40 U.S.C. 484(k)(4)) is
amended—
(A) in subparagraph (C) by striking ‘‘or’’
after the semicolon;
(B) in subparagraph (D) by striking the
period and inserting ‘‘; or’’; and
(C) by inserting after subparagraph (D)
the following new subparagraph:
‘‘(E) the Secretary of Housing and Urban De-
velopment, in the case of property transferred pursu-
ant to section 501(f)(1)(B) of the Stewart B.
McKinney Homeless Assistance Act and paragraph
(6) of this subsection,’’.
(b) IDENTIFICATION AND PUBLICATION OF FEDERAL
EXCESS PROPERTY AND SURPLUS PROPERTY FOR SELF-
HELP HOUSING ASSISTANCE; SECOND-TIER PRIORITY OF
USE.—
(1) 
IDENTIFICATION
OF
SUITABLE
PROP-
ERTY.—Section 501(a) of the Stewart B. McKinney
Homeless Assistance Act (42 U.S.C. 11411(a)) is
amended in the last sentence by inserting ‘‘or for
self-help housing programs’’ after ‘‘for use to assist
the homeless’’.
311
(2) 
AVAILABILITY
OF
PROPERTY.—Section
501(b) of such Act is amended—
(A) in paragraphs (1)(A) (ii) and (iii),
(1)(B), and (2)(A)(i), by inserting ‘‘or for a
self-help housing program’’ after ‘‘for use to as-
sist the homeless’’ each place it appears; and
(B) in paragraph (2)(A)(ii), by inserting
before the period the following: ‘‘, or for a self-
help housing program in accordance with that
section’’.
(3) PUBLICATION
OF
PROPERTIES.—Section
502(c) of such Act is amended by inserting ‘‘or for
self-help housing programs’’ after ‘‘for use to assist
the homeless’’ each place it appears.
(4) HOLDING PERIOD.—Section 501(d) of such
Act is amended—
(A) in paragraph (1), by inserting ‘‘or for
self-help housing programs’’ after ‘‘for use to
assist the homeless’’;
(B) in paragraph (2), by inserting after
‘‘paragraph (1),’’ the following: ‘‘or if written
notice of intent to apply for such a property for
use for a self-help housing program is received
by the Secretary of Housing and Urban Devel-
opment within that period,’’;
312
(C) in paragraph (3)—
(i) by inserting ‘‘or for self-help hous-
ing programs’’ after ‘‘for use to assist the
homeless’’; and
(ii) by striking ‘‘the representative of
the homeless’’ and inserting ‘‘a representa-
tive of the homeless or of a self-help hous-
ing program’’;
(D) in paragraph (4)(A)—
(i) in the first sentence, by striking
‘‘for use to assist the homeless only if the
property remains available for application
for use to assist the homeless’’ and insert-
ing ‘‘for use to assist the homeless or for
use for a self-help housing program only
if the property remains available for appli-
cation for that use’’; and
(ii) in the second sentence, by insert-
ing ‘‘or for a self-help housing program’’
after ‘‘to assist the homeless’’; and
(E) in paragraph (4)(B), by inserting ‘‘or
the Secretary of Housing and Urban Develop-
ment, as appropriate,’’ after ‘‘Secretary of
Health and Human Services’’.
313
(5) APPLICATION
FOR
PROPERTY.—Section
501(e) of such Act is amended—
(A) in paragraph (1), by adding at the end
the following: ‘‘A representative of a self-help
housing program may submit an application to
the Secretary of Housing and Urban Develop-
ment for any property that is published under
that subsection as available for use for self-help
housing programs.’’;
(B) in paragraph (2)—
(i) in the first sentence, by striking
‘‘Secretary of Health and Human Serv-
ices’’ and inserting ‘‘the Secretary to whom
the notice was submitted’’; and
(ii) in the second sentence, by striking
‘‘Secretary of Health and Human Serv-
ices’’ and inserting ‘‘the Secretary con-
cerned’’; and
(C) in paragraph (3)—
(i) in the first sentence, by striking ‘‘,
the Secretary of Health and Human Serv-
ices’’ and inserting ‘‘in accordance with
this section, the Secretary receiving the ap-
plication’’; and
(ii) in the second sentence, by—
314
(I) striking ‘‘shall’’ and inserting
‘‘and the Secretary of Housing and
Urban Development shall each’’; and
(II) striking ‘‘an application’’
and inserting ‘‘each application re-
ceived by the Secretary under this
subsection’’.
(6) MAKING PROPERTY AVAILABLE; PRIORITY
OF USE.—
(A) REQUIREMENT
TO
MAKE
PROPERTY
AVAILABLE.—Section 501(f) of such Act is
amended by striking so much as precedes para-
graph (2) and inserting the following:
‘‘(f) MAKING PROPERTY AVAILABLE.—(1) Subject to
the provisions of this subsection—
‘‘(A) property for which the Secretary of Health
and Human Services has approved an application
under subsection (e) shall be made promptly avail-
able by permit or lease, or by deed as a public health
use under paragraphs (1) and (4) of section 203(k)
of the Federal Property and Administrative Services
Act of 1949 (40 U.S.C. 484(k)), to the representa-
tive of the homeless that submitted the application;
and
315
‘‘(B) property for which the Secretary of Hous-
ing and Urban Development has approved an appli-
cation under subsection (e) shall be made promptly
available by permit or lease, or by deed under sec-
tion 203(k)(6) of that Act, to the representative of
the self-help housing program that submitted the ap-
plication.’’.
(B) PRIORITY OF USE.—Section 501(f) of
such Act is further amended—
(i) in subparagraph (A) of paragraph
(3)—
(I) by striking ‘‘In disposing’’
and inserting ‘‘(i) Except as provided
in clauses (ii) and (iii), in disposing’’;
(II) by striking ‘‘the Adminis-
trator and the Secretary of Health
and Human Services’’ and inserting
‘‘the Administrator, the Secretary of
Health and Human Services, and the
Secretary of Housing and Urban De-
velopment’’;
(III) by striking ‘‘, unless the
Administrator’’ and all that follows
through the end of the subparagraph
and inserting ‘‘over all other uses, and
316
shall give priority of consideration to
uses for self-help housing programs
over all other uses except use to assist
the homeless.’’; and
(IV) by adding at the end the fol-
lowing:
‘‘(ii) Clause (i) does not require giving priority of con-
sideration to uses to assist the homeless if the Adminis-
trator or the Secretary of Health and Human Services de-
termines that a competing request for property under sec-
tion 203(k) of that Act is so meritorious and compelling
as to outweigh the needs of the homeless.
‘‘(iii) Clause (i) does not require giving priority of
consideration to uses for self-help housing programs if the
Administrator, with the concurrence of the Secretary of
Housing and Urban Development, determines that a com-
peting request for property under section 203(k) of that
Act is so meritorious and compelling as to outweigh the
needs for the property for self-help housing programs.’’;
and
(ii) in paragraph (3)(B), by—
(I) striking ‘‘Whenever’’ and all
that follows through ‘‘transmit’’ and
inserting ‘‘Whenever the Adminis-
trator, the Secretary of Health and
317
Human Services, or the Secretary of
Housing and Urban Development
makes a determination under sub-
paragraph (A), the Administrator or
the Secretary concerned, as applica-
ble, shall transmit’’; and
(II) inserting ‘‘or self-help hous-
ing programs, as applicable’’ after
‘‘needs of the homeless’’.
(7) RECORDS.—Section 501(g)(1) of such Act
is amended by inserting ‘‘or for self-help housing
programs’’ before the semicolon.
(8) AMENDMENTS
TO
DEFINITIONS.—Section
501(i) of such Act is amended—
(A) in paragraph (4), by striking ‘‘and’’
after the semicolon;
(B) in paragraph (5), by striking the pe-
riod and inserting ‘‘; and’’; and
(C) by adding at the end the following new
paragraph:
‘‘(6) the term ‘self-help housing program’
means a program of assistance that—
‘‘(A) is conducted by an organization or
consortium to which a grant may be made
under section 11(a) of the Housing Opportunity
318
Program Extension Act of 1996 (Public Law
104–120; 110 Stat. 841); and
‘‘(B) contributes to meeting goals de-
scribed in section 11(b)(1), (3), (4), (5), and
(6) of that Act.’’.
(9) CONFORMING
AMENDMENTS.—Title V of
the Stewart B. McKinney Homeless Assistance Act
(42 U.S.C. 11411 et seq.) is amended—
(A) by amending the heading for the title
to read as follows:
‘‘TITLE V—IDENTIFICATION AND
AVAILABILITY 
OF 
UNUTI-
LIZED AND UNDERUTILIZED
FEDERAL 
PROPERTY 
FOR
THE HOMELESS AND SELF-
HELP HOUSING PROGRAMS’’;
and
(B) by amending the heading for section
501 to read as follows:
‘‘SEC. 
501. 
IDENTIFICATION 
AND 
AVAILABILITY 
OF
UNUTILIZED AND UNDERUTILIZED FEDERAL
PROPERTY.’’.
(c) ALLOCATION OF SURPLUS PERSONNEL PROP-
ERTY TO STATES FOR DONATION TO PROVIDERS OF AS-
SISTANCE
TO
LOW-INCOME
INDIVIDUALS.—Section
319
203(j)(B) of the Federal Property and Administrative
Services Act of 1949 (40 U.S.C. 484(j)(3)(B)) is amended
by inserting after ‘‘homeless individuals’’ the following: ‘‘,
providers of assistance, including housing or housing as-
sistance, to low-income individuals,’’.
SEC. 710. EFFECTIVE DATE.
This title and the amendments made by this title
shall take effect on the date of the enactment of this Act.
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