111
(c) TRAINING AND TECHNICAL ASSISTANCE.—Sec-
tion 703 of the Native American Housing and Self-Deter-
mination Act of 1996 (25 U.S.C. 4212) is amended by
striking ‘‘1997, 1998, 1999, 2000, and 2001’’ and insert-
ing ‘‘2003, 2004, 2005, 2006, and 2007.’’.
TITLE VIII—HOUSING IMPACT
ANALYSIS
SEC. 801. APPLICABILITY.
Except as provided in section 802, the requirements
of this title shall apply with respect to—
(1) any proposed rule, unless the agency pro-
mulgating the rule—
(A) has certified that the proposed rule
will not, if given force or effect as a final rule,
have a significant deleterious impact on housing
affordability; and
(B) has caused such certification to be
published in the Federal Register at the time of
publication of general notice of proposed rule-
making for the rule, together with a statement
providing the factual basis for the certification;
and
(2) any final rule, unless the agency promul-
gating the rule—
112
(A) has certified that the rule will not, if
given force or effect, have a significant delete-
rious impact on housing affordability; and
(B) has caused such certification to be
published in the Federal Register at the time of
publication of the final rule, together with a
statement providing the factual basis for the
certification.
Any agency making a certification under this section shall
provide a copy of such certification and the statement pro-
viding the factual basis for the certification to the Sec-
retary of Housing and Urban Development.
SEC. 802. EXCEPTION FOR CERTAIN BANKING RULES.
The requirements of this title shall not apply to any
proposed or final rule relating to—
(1) the operations, safety, or soundness of—
(A) federally insured depository institu-
tions or any affiliate of such an institution (as
such term is defined in section 2(k) of the Bank
Holding Company Act of 1956 (12 U.S.C.
1841(k));
(B) credit unions;
(C) the Federal home loan banks;
(D) the enterprises (as such term is de-
fined in section 1303 of the Housing and Com-
113
munity Development Act of 1992 (12 U.S.C.
4502);
(E) a Farm Credit System institution; or
(F) foreign banks or their branches, agen-
cies, commercial lending companies, or rep-
resentative offices that operate in the United
States, or any affiliate of a foreign bank (as
such terms are defined in section 1 of the Inter-
national Banking Act of 1978 (12 U.S.C.
3101); or
(2) the payments system or the protection of
deposit insurance funds or the Farm Credit Insur-
ance Fund.
SEC. 803. STATEMENT OF PROPOSED RULEMAKING.
Whenever an agency publishes general notice of pro-
posed rulemaking for any proposed rule, unless the agency
has made a certification under section 801, the agency
shall—
(1) in the notice of proposed rulemaking—
(A) state with particularity the text of the
proposed rule; and
(B) request any interested persons to sub-
mit to the agency any written analyses, data,
views, and arguments, and any specific alter-
natives to the proposed rule;
114
(2) provide an opportunity for interested per-
sons to take the actions specified under paragraph
(1)(B) before promulgation of the final rule; and
(3) prepare and make available for public com-
ment an initial housing impact analysis in accord-
ance with the requirements of section 804.
SEC. 804. INITIAL HOUSING IMPACT ANALYSIS.
(a) REQUIREMENTS.—Each initial housing impact
analysis shall describe the impact of the proposed rule on
housing affordability. The initial housing impact analysis
or a summary shall be published in the Federal Register
at the same time as, and together with, the publication
of general notice of proposed rulemaking for the rule. The
agency shall transmit a copy of the initial housing impact
analysis to the Secretary of Housing and Urban Develop-
ment.
(b) CONTENTS.—Each initial housing impact analysis
required under this section shall contain—
(1) a description of the reasons why action by
the agency is being considered;
(2) a succinct statement of the objectives of,
and legal basis for, the proposed rule;
(3) a description of and, where feasible, an esti-
mate of the extent to which the proposed rule would
115
increase the cost or reduce the supply of housing or
land for residential development; and
(4) an identification, to the extent practicable,
of all relevant Federal rules which may duplicate,
overlap, or conflict with the proposed rule.
SEC. 805. FINAL HOUSING IMPACT ANALYSIS.
(a) REQUIREMENT.—Whenever an agency promul-
gates a final rule after publication of a general notice of
proposed rulemaking, unless the agency has made the cer-
tification under section 801, the agency shall prepare a
final housing impact analysis.
(b) CONTENTS.—Each final housing impact analysis
shall contain—
(1) a succinct statement of the need for, and
objectives of, the rule;
(2) a summary of the significant issues, anal-
yses, and alternatives to the proposed rule raised
during the public comment period in response to the
proposed rule and initial housing impact analysis, a
summary of the assessment of the agency of such
issues, analyses, and alternatives, and a statement of
any changes made in the proposed rule as a result
of such comments; and
(3) a description of and an estimate of the ex-
tent to which the rule will impact housing afford-
116
ability or an explanation of why no such estimate is
available.
(c) AVAILABILITY.—The agency shall make copies of
the final housing impact analysis available to members of
the public and shall publish in the Federal Register such
analysis or a summary thereof.
SEC. 806. AVOIDANCE OF DUPLICATIVE OR UNNECESSARY
ANALYSES.
(a) DUPLICATION.—Any Federal agency may per-
form the analyses required by sections 804 and 805 in
conjunction with or as a part of any other agenda or anal-
ysis required by any other law, executive order, directive,
or rule if such other analysis satisfies the provisions of
such sections.
(b) JOINDER.—In order to avoid duplicative action,
an agency may consider a series of closely related rules
as one rule for the purposes of sections 804 and 805.
SEC. 807. PREPARATION OF ANALYSES.
In complying with the provisions of sections 804 and
805, an agency may provide either a quantifiable or nu-
merical description of the effects of a proposed rule or al-
ternatives to the proposed rule, or more general descriptive
statements if quantification is not practicable or reliable.
117
SEC. 808. EFFECT ON OTHER LAW.
The requirements of sections 804 and 805 do not
alter in any manner standards otherwise applicable by law
to agency action.
SEC. 809. PROCEDURE FOR WAIVER OR DELAY OF COMPLE-
TION.
(a) INITIAL HOUSING IMPACT ANALYSIS.—An agen-
cy head may waive or delay the completion of some or all
of the requirements of section 804 by publishing in the
Federal Register, not later than the date of publication
of the final rule, a written finding, with reasons therefor,
that the final rule is being promulgated in response to an
emergency that makes compliance or timely compliance
with the provisions of section 801 impracticable.
(b) FINAL HOUSING IMPACT ANALYSIS.—An agency
head may not waive the requirements of section 805. An
agency head may delay the completion of the requirements
of section 805 for a period of not more than 180 days
after the date of publication in the Federal Register of
a final rule by publishing in the Federal Register, not later
than such date of publication, a written finding, with rea-
sons therefor, that the final rule is being promulgated in
response to an emergency that makes timely compliance
with the provisions of section 805 impracticable. If the
agency has not prepared a final housing impact analysis
pursuant to section 805 within 180 days from the date
118
of publication of the final rule, such rule shall lapse and
have no force or effect. Such rule shall not be repromul-
gated until a final housing impact analysis has been com-
pleted by the agency.
SEC. 810. DEFINITIONS.
For purposes of this title, the following definitions
shall apply:
(1) AGENCY.—The term ‘‘agency’’ means each
authority of the Government of the United States,
whether or not it is within or subject to review by
another agency, but does not include—
(A) the Congress;
(B) the courts of the United States;
(C) the governments of the territories or
possessions of the United States;
(D) the government of the District of Co-
lumbia;
(E) agencies composed of representatives
of the parties or of representatives of organiza-
tions of the parties to the disputes determined
by them;
(F) courts-martial and military commis-
sions;
(G) military authority exercised in the field
in time of war or in occupied territory; or
119
(H) functions conferred by—
(i) sections 1738, 1739, 1743, and
1744 of title 12, United States Code;
(ii) chapter 2 of title 41, United
States Code;
(iii) subchapter II of chapter 471 of
title 49, United States Code; or
(iv) sections 1884, 1891–1902, and
former section 1641(b)(2), of title 50, ap-
pendix, United States Code.
(2) FAMILIES.—The term ‘‘families’’ has the
meaning given such term in section 3 of the United
States Housing Act of 1937.
(3) 
HOUSING
AFFORDABILITY.—The 
term
‘‘housing affordability’’ means the quantity of hous-
ing that is affordable to families having incomes that
do not exceed 150 percent of the median income of
families in the area in which the housing is located,
with adjustments for smaller and larger families.
For purposes of this paragraph, area, median family
income for an area, and adjustments for family size
shall be determined in the same manner as such fac-
tors are determined for purposes of section 3(b)(2)
of the United States Housing Act of 1937.
120
(4) RULE.—The term ‘‘rule’’ means any rule
for which the agency publishes a general notice of
proposed rulemaking pursuant to section 553(b) of
title 5, United States Code, or any other law, includ-
ing any rule of general applicability governing grants
by an agency to State and local governments for
which the agency provides an opportunity for notice
and public comment; except that such term does not
include a rule of particular applicability relating to
rates, wages, corporate or financial structures or re-
organizations thereof, prices, facilities, appliances,
services, or allowances therefor or to valuations,
costs or accounting, or practices relating to such
rates, wages, structures, prices, appliances, services,
or allowances.
(5) 
SIGNIFICANT.—The 
term 
‘‘significant’’
means increasing consumers’ cost of housing by
more than $100,000,000 per year.
SEC. 811. DEVELOPMENT.
Not later than 1 year after the date of the enactment
of this Act, the Secretary of Housing and Urban Develop-
ment shall develop model initial and final housing impact
analyses under this title and shall cause such model anal-
yses to be published in the Federal Register. The model
analyses shall define the primary elements of a housing
121
impact analysis to instruct other agencies on how to carry
out and develop the analyses required under sections 804
and 805
SEC. 812. JUDICIAL REVIEW.
(a) DETERMINATION BY AGENCY.—Except as other-
wise provided in subsection (b), any determination by an
agency concerning the applicability of any of the provi-
sions of this title to any action of the agency shall not
be subject to judicial review.
(b) OTHER ACTIONS BY AGENCY.—Any housing im-
pact analysis prepared under section 804 or 805 and the
compliance or noncompliance of the agency with the provi-
sions of this title shall not be subject to judicial review.
When an action for judicial review of a rule is instituted,
any housing impact analysis for such rule shall constitute
part of the whole record of agency action in connection
with the review.
(c) EXCEPTION.—Nothing in this section bars judi-
cial review of any other impact statement or similar anal-
ysis required by any other law if judicial review of such
statement or analysis is otherwise provided by law.
122
TITLE IX—OTHER HOUSING
PROGRAMS
SEC. 901. GNMA GUARANTEE FEE.
Section 972 of the Higher Education Amendments of
1998 (Public Law 105–244; 112 Stat. 1837) is hereby re-
pealed.
SEC. 902. HOUSING COUNSELING PROGRAMS.
(a) DESIGNATION
OF OFFICE RESPONSIBLE
FOR
HOUSING COUNSELING FUNCTIONS.—Section 4 of the
Department of Housing and Urban Development Act (42
U.S.C. 3533) is amended by adding at the end the fol-
lowing new subsection:
‘‘(g)(1) The Secretary shall designate a single office
of the Department in existence on the date of the enact-
ment of the Housing Affordability for America Act of
2002 to establish, coordinate, and administrate all re-
quirements, standards, and performance measures under
programs and laws administered by the Department that
relate to housing counseling, homeownership counseling,
mortgage-related counseling, and rental housing coun-
seling, including the requirements, standards, and per-
formance measures relating to housing counseling pursu-
ant to the provisions of law specified in paragraph (2).
To the extent that the Secretary is authorized by law to
provide housing counseling services, the Secretary, in such
123
circumstances or under such programs as the Secretary
considers appropriate, may authorize such office to pro-
vide such housing counseling services.
‘‘(2) The provisions specified in this paragraph are
as follows:
‘‘(A) Section 105(a)(20) of the Housing and
Community Development Act of 1974 (42 U.S.C. 42
5305(a)(20)).
‘‘(B) In the United States Housing Act of
1937—
‘‘(i) section 9(e) (42 U.S.C. 1437g(e));
‘‘(ii) 
section 
8(y)(1)(D) 
(42 
U.S.C.
1437f(y)(1)(D));
‘‘(iii) section 18(a)(4)(D) (42 U.S.C.
1437p(a)(4)(D));
‘‘(iv) 
section 
23(c)(4) 
(42 
U.S.C.
1437u(c)(4));
‘‘(v) section 32(e)(4) (42 U.S.C. 1437z–
4(e)(4));
‘‘(vi) section 33(d)(2)(B) (42 U.S.C.
1437z–5(d)(2)(B));
‘‘(vii) sections 302(b)(6) and 303(b)(7) (42
U.S.C. 
1437aaa–1(b)(6), 
1437aaa–2(b)(7));
and
124
‘‘(viii) 
section 
304(c)(4) 
(42 
U.S.C.
1437aaa–3(c)(4)).
‘‘(C) Section 302(a)(4) of the American Home-
ownership and Economic Opportunity Act of 2000
(42 U.S.C. 1437f note).
‘‘(D) Sections 233(b)(2) and 258(b) of the
Cranston-Gonzalez National Affordable Housing Act
(42 U.S.C. 12773(b)(2), 12808(b)).
‘‘(E) Sections 101(e) and 106 of the Housing
and Urban Development Act of 1968 (12 U.S.C.
1701w(e), 1701x).
‘‘(F) Section 220(d)(2)(G) of the Low-Income
Housing Preservation and Resident Homeownership
Act of 1990 (12 U.S.C. 4110(d)(2)(G)).
‘‘(G) Sections 422(b)(6), 423(b)(7), 424(c)(4),
442(b)(6), and 443(b)(6) of the Cranston-Gonzalez
National Affordable Housing Act (42 U.S.C.
12872(b)(6), 
12873(b)(7), 
12874(c)(4),
12892(b)(6), and 12893(b)(6)).
‘‘(H) Section 491(b)(1)(F)(iii) of the McKin-
ney-Vento Homeless Assistance Act (42 U.S.C.
11408(b)(1)(F)(iii)).
‘‘(I) Sections 202(3) and 810(b)(2)(A) of the
Native American Housing and Self-Determination
Act of 1996 (25 U.S.C. 4132(3), 4229(b)(2)(A)).
125
‘‘(J) In the National Housing Act—
‘‘(i) in section 203 (12 U.S.C. 1709), the
penultimate undesignated paragraph of para-
graph 
(2) 
of 
subsection 
(b), 
subsection
(c)(2)(A), and subsection (r)(4);
‘‘(ii) subsections (a) and (c)(3) of section
237 (12 U.S.C. 1715z–2); and
‘‘(iii) subsections (d)(2)(B) and (m)(1) of
section 255 (12 U.S.C. 1715z–20).
‘‘(K) Section 502(h)(4)(B) of the Housing Act
of 1949 (42 U.S.C. 1472(h)(4)(B)).
‘‘(L) Section 508 of the Housing and Urban
Development Act of 1970 (12 U.S.C. 1701z–7).’’.
(b) REPORT.—Not later than September 30, 2003,
the Secretary of Housing and Urban Development shall
submit a report to the Congress that—
(1) identifies the programs administered by the
Department of Housing and Urban Development
under which housing counseling is required, assisted,
or made available;
(2) describes the counseling offered or provided
under each such program, including the provider of
such counseling; and
126
(3) specifies any amounts made available under
law for technical assistance or similar functions
which are used to provide housing counseling.
SEC. 903. ASSISTANCE FOR SELF-HELP HOUSING PRO-
VIDERS.
(a) LIMITATION ON ELIGIBLE EXPENSES.—Section
11(d) of the Housing Opportunity Program Extension Act
of 1996 (42 U.S.C. 12805 note) is amended by adding
at the end the following new paragraph:
‘‘(3) LIMITATION
ON
ELIGIBLE
EXPENSES.—
The amount from grants under this section that is
used for eligible expenses (as such term is defined
under paragraph (2)) in connection with developing
dwelling units described in paragraph (1) may not
exceed an average of $15,000 per dwelling unit de-
veloped by the grantee organization or consortium,
except that the Secretary may increase such $15,000
amount for any particular geographic region that
the Secretary determines has elevated costs of land
acquisition or infrastructure improvement.’’.
(b) EXTENSION OF PERIOD FOR USE OF GRANTS.—
Section 11 of the Housing Opportunity Program Exten-
sion Act of 1996 (42 U.S.C. 12805 note) is amended—
(1) in subsection (i)(5), by inserting before the
semicolon the following: ‘‘, and except that the Sec-
127
retary may extend such period for any organization
or consortia to not more than 48 months in any case
in which the Secretary determines, in the sole discre-
tion of the Secretary, that extraordinary cir-
cumstances (including a national emergency) war-
rant such extension’’; and
(2) in subsection (j), by adding at the end the
following: ‘‘The Secretary may extend the period
otherwise applicable under this subsection for any
organization or consortia to not more than 48
months in any case in which the Secretary deter-
mines, in the sole discretion of the Secretary, that
extraordinary circumstances (including a national
emergency) warrant such extension.’’.
(c) AUTHORIZATION OF APPROPRIATIONS.—Section
11(p) of the Housing Opportunity Program Extension Act
of 1996 (42 U.S.C. 12805 note) is amended by striking
‘‘fiscal year 2001’’ and inserting ‘‘each of fiscal years
2003, 2004, 2005, 2006, and 2007’’.
SEC. 904. HOUSING OPPORTUNITIES FOR PERSONS WITH
AIDS.
Section 863 of the Cranston-Gonzalez National Af-
fordable Housing Act (42 U.S.C. 12912) is amended to
read as follows: