[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7 Introduced in House (IH)]
103d CONGRESS
2d Session
H. R. 7
To provide necessary emergency community development and housing
assistance to stimulate economic growth in the United States, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 5, 1993
Mr. Gonzalez (for himself, Mr. Schumer, Mr. Frank of Massachusetts, Mr.
Kennedy, Mr. Flake, Mr. Mfume, Ms. Waters, Ms. Maloney, Mr. Rush, Ms.
Furse, Mr. Hinchey, and Mr. Sanders) introduced the following bill;
which was referred to the Committee on Banking, Finance and Urban
Affairs
March 10, 1994
Additional sponsors: Mr. Gutierrez, Ms. Norton, Mr. de Lugo, Mr.
LaFalce, Mr. Oberstar, Mr. Rangel, Mr. Blackwell, Mr. Hilliard, Ms.
Roybal-Allard, Mr. Watt, Ms. McKinney, Ms. Velazquez, and Mr. Engel
Deleted sponsor: Mrs. Maloney (added January 5, 1993; deleted November
22, 1993)
_______________________________________________________________________
A BILL
To provide necessary emergency community development and housing
assistance to stimulate economic growth in the United States, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Emergency
Community Development Act of 1993''.
(b) Table of Contents.--
Sec. 1. Short title and table of contents.
Sec. 2. Findings and purpose.
TITLE I--TEMPORARY ASSISTANCE FOR COMMUNITY DEVELOPMENT ACTIVITIES
Sec. 101. Purpose.
Sec. 102. Definitions and designation of public agencies.
Sec. 103. Authorization of appropriations.
Sec. 104. Statement of projected activities and compliance.
Sec. 105. Eligible activities.
Sec. 106. Allocation and distribution of funds.
Sec. 107. Nondiscrimination.
Sec. 108. Labor standards.
Sec. 109. Remedies for noncompliance.
Sec. 110. Consultation.
Sec. 111. Interstate agreements.
Sec. 112. Regulations.
TITLE II--HOMEOWNERSHIP ASSISTANCE
Sec. 201. National Homeownership Trust demonstration.
TITLE III--RURAL HOUSING ASSISTANCE
Sec. 301. Section 502 rural housing loans.
Sec. 302. Section 504 housing improvement loans and grants.
Sec. 303. Section 515 rental housing loans.
Sec. 304. Housing for rural homeless and migrant farmworkers.
Sec. 305. Rental assistance payment contracts.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--The Congress finds that--
(1) the United States is currently in a period of economic
distress;
(2) the recession has resulted in a significant loss of
jobs and economic hardship in the United States;
(3) in addition to the problems resulting from the
recession, the general quality of life in cities and other
areas of the Nation has declined;
(4) reduced spending by the Federal Government has caused
severe economic problems for State and local governments and
has caused vital basic needs, such as livable cities, towns,
and rural communities, to remain unaddressed;
(5) the Federal Government can promote economic recovery in
the United States by providing State and local governments with
much needed assistance to address the basic needs of their
citizens, including decent and safe communities, streets, and
housing; and
(6) more than 22,000 jobs are created for every
$1,000,000,000 expended through construction contracts.
(b) Purpose.--The purpose of this Act, therefore, is to provide
needed emergency assistance to State and local governments to enable
them to better meet the needs of their citizens, make their cities,
towns, and rural communities safer and more livable, and provide
employment opportunities to stimulate economic growth in the United
States.
TITLE I--TEMPORARY ASSISTANCE FOR COMMUNITY DEVELOPMENT ACTIVITIES
SEC. 101. PURPOSE.
The purpose of this title is to provide temporary assistance to
State and local governments to allow such entities to address vital
unmet needs and to promote the creation of jobs and economic
development.
SEC. 102. DEFINITIONS AND DESIGNATION OF PUBLIC AGENCIES.
(a) Reference to Housing and Community Development Act of 1974.--
Except as provided in subsection (b), for purposes of this title the
terms defined in section 102(a) of the Housing and Community
Development Act of 1974 shall have the meaning given such terms under
such section 102.
(b) Exceptions.--
(1) Metropolitan city.--For purposes of this title, the
term ``metropolitan city'' means any city or unit of general
local government that is classified as a metropolitan city for
purposes of title I of the Housing and Community Development
Act of 1974 for fiscal year 1993.
(2) Urban county.--For purposes of this title, the term
``urban county'' means any county that is classified as an
urban county for purposes of title I of the Housing and
Community Development Act of 1974 for fiscal year 1993, and
includes any units of general local government whose
populations are included in the urban county for such purposes
for such fiscal year.
(3) Age of housing.--For purposes of this title, the term
``age of housing'' means the number of existing housing units
constructed in 1950 or earlier based on data compiled by the
United States Bureau of the Census and referable to the same
point or period in time.
(c) Designation of Public Agencies.--One or more public agencies,
including existing local public agencies, may be designated by the
chief executive officer of a State or unit of general local government
to undertake activities assisted under this title.
(d) Data.--Where appropriate, the definitions established and
referred to under this section shall be based on the data used pursuant
to section 102(b) of the Housing and Community Development Act of 1974
with respect to fiscal year 1993. The Secretary of Housing and Urban
Development may by regulation change or otherwise modify the meaning of
the terms defined or referred to under this section in order to reflect
any technical change or modification thereof made after the date
referred to in the first sentence of such section 102(b) (with respect
to fiscal year 1993) by the United States Bureau of the Census or the
Office of Management and Budget.
SEC. 103. AUTHORIZATION OF APPROPRIATIONS.
The Secretary of Housing and Urban Development is authorized to
make grants to States, units of general local government, and Indian
tribes to carry out activities in accordance with the provisions of
this title. For purposes of assistance under section 106, there is
authorized to be appropriated $25,000,000,000 for fiscal year 1993.
Notwithstanding section 106, of any amounts appropriated under this
section for fiscal year 1993, the Secretary shall, to the extent
approved in appropriations Acts, make available $15,000,000 for grants
in Guam, the Virgin Islands, American Samoa, the Commonwealth of the
Northern Mariana Islands, and the Trust Territory of the Pacific
Islands.
SEC. 104. STATEMENT OF PROJECTED ACTIVITIES AND COMPLIANCE.
(a) Statement of Projected Uses of Grants.--Prior to the receipt of
a grant under section 106(b) by any metropolitan city or urban county,
under section 106(d) by any State, or under section 106(d)(2)(B) by any
unit of general local government, the grantee shall submit to the
Secretary a statement of community development objectives and projected
use of funds, which shall include the certifications required under
subsection (b) of this section. In the case of metropolitan cities and
urban counties receiving grants pursuant to section 106(b) and in the
case of units of general local government receiving grants pursuant to
section 106(d)(2)(B), the statement of projected use of funds shall
consist of proposed community development activities. In the case of
States receiving grants pursuant to section 106(d), the statement of
projected use of funds shall consist of the method by which the States
will distribute funds to units of general local government. Each such
statement shall contain a certification indicating that the statement
has been reviewed and approved by the chief executive officer or other
officer of the grantee qualified to make such certification under
regulations issued by the Secretary.
(b) Required Certifications.--Any grant under section 106 shall be
made only if the grantee certifies that--
(1) the grant will be conducted and administered in
conformity with the Civil Rights Act of 1964 and the Civil
Rights Act of 1968 and the grantee will affirmatively further
fair housing;
(2) the projected use of funds has been developed in a
manner that gives maximum feasible priority to activities which
are designed to meet community development needs that have been
delayed because of the lack of fiscal resources of the grantee
or which are designed to address conditions that pose a serious
and immediate threat to the health or welfare of the community;
(3) any projected use of funds for public services will
benefit primarily low- and moderate-income families;
(4) the grantee will not attempt to recover any capital
costs of public improvements assisted in whole or part under
section 106 by assessing any amount against properties owned
and occupied by persons of low- and moderate-income, including
any fee charged or assessment made as a condition of obtaining
access to such public improvements, unless--
(A) funds received under section 106 are used to
pay the proportion of such fee or assessment that
relates to the capital costs of such public
improvements that are financed from revenue sources
other than under this title; or
(B) for purposes of assessing any amount against
properties owned and occupied by persons of moderate
income, the grantee certifies to the Secretary that it
lacks sufficient funds received under section 106 to
comply with the requirements of subparagraph (A); and
(5) the grantee will comply with the other provisions of
this title and with other applicable laws.
(c) Antidisplacement and Relocation Plan.--
(1) Requirement.--A grant under section 106 may be made
only if the grantee certifies that it is complying with a
residential antidisplacement and relocation assistance plan
under this section. A grantee receiving a grant under section
106(a) or (b) shall so certify to the Secretary. A unit of
general local government receiving amounts from a State under
section 106(d) shall so certify to the State, and a unit of
general local government receiving amounts from the Secretary
under section 106(d) shall so certify to the Secretary.
(2) Contents.--The residential antidisplacement and
relocation assistance plan shall, in connection with a
development project assisted under section 106--
(A) provide that, in the event of such
displacement--
(i) governmental agencies or private
developers shall provide, within the same
community, comparable replacement dwellings for
the same number of occupants as could have been
housed in the occupied and vacant occupiable
low- and moderate-income dwelling units
demolished or converted to a use other than for
housing for low- and moderate-income persons,
and provide that such replacement housing may
include existing housing assisted with project-
based assistance provided under section 8 of
the United States Housing Act of 1937;
(ii) such comparable replacement dwellings
shall be designed to remain affordable to
persons of low- and moderate-income for a
period of 10 years beginning upon initial
occupancy;
(iii) relocation benefits shall be provided
for all low- or moderate-income persons who
occupied housing demolished or converted to a
use other than for low- or moderate-income
housing, including reimbursement for actual and
reasonable moving expenses, security deposits,
credit checks, and other moving-related
expenses, including any interim living costs;
and in the case of displaced persons of low-
and moderate-income, provide either--
(I) compensation sufficient to
ensure that, for a 5-year period, the
displaced families shall not bear,
after relocation, a ratio of shelter
costs to income that exceeds 30
percent; or
(II) if elected by a family, a
lump-sum payment equal to the
capitalized value of the benefits
available under subclause (I) to permit
the household to secure participation
in a housing cooperative or mutual
housing association; and
(iv) persons displaced shall be relocated
into comparable replacement housing that is--
(I) decent, safe, and sanitary;
(II) adequate in size to
accommodate the occupants;
(III) functionally equivalent; and
(IV) in an area not subject to
unreasonably adverse environmental
conditions;
(B) provide that persons displaced shall have the
right to elect, as an alternative to the benefits under
this subsection, to receive benefits under the Uniform
Relocation Assistance and Real Property Acquisition
Policies Act of 1970 if such persons determine that it
is in their best interest to do so; and
(C) provide that where a claim for assistance under
subparagraph (A)(iv) is denied by a grantee, the
claimant may appeal to the Secretary in the case of a
grant under section 106 or to the appropriate State
official in the case of a grant under section 106(d),
and that the decision of the Secretary or the State
official shall be final unless a court determines the
decision was arbitrary and capricious.
(3) Exception.--Paragraphs (2)(A)(i) and (2)(A)(ii) shall
not apply in any case in which the Secretary finds, on the
basis of objective data, that there is available in the area an
adequate supply of habitable affordable housing for low- and
moderate-income persons. A determination under this paragraph
shall be final and nonreviewable.
(d) Approval and Compliance.--
(1) Approval.--The Secretary shall review statements of
projected uses of funds submitted under this section upon
receipt. The Secretary shall approve such statements unless the
Secretary determines that (A) the statement is inconsistent
with the purpose of this title, or (B) the information or
certifications required under this section have not been
provided in a substantially complete manner.
(2) Compliance reports.--Each grantee under this title
shall submit to the Secretary a report, as the Secretary shall
require, which shall be sufficient to describe the actual use
of amounts provided to the grantee under this title. The
Secretary shall require each report under this paragraph to
contain the written approval of the chief executive officer or
other officer of the grantee qualified to make such approval
under regulations issued by the Secretary. The reports under
this paragraph shall be submitted to the Secretary before
January 1, 1995.
(e) GAO Audits.--To the extent that they relate to funds provided
under this title, the financial transactions of recipients of such
funds may be audited by the General Accounting Office under any rules
and regulations prescribed by the Comptroller General of the United
States. The representatives of the General Accounting Office shall have
access to all books, accounts, records, reports, files, and other
papers, things, or property belonging to or in use by such recipients
pertaining to such financial transactions and necessary to facilitate
the audit.
(f) Environmental Protection.--
(1) Release of funds.--In order to ensure that the policies
of the National Environmental Policy Act of 1969 and other
provisions of law that further the purposes of such Act (as
specified in regulations issued by the Secretary) are most
effectively implemented in connection with the expenditure of
funds under this title, and to assure to the public
undiminished protection of the environment, the Secretary, in
lieu of the environmental protection procedures otherwise
applicable, may under regulations provide for the release of
funds for particular projects to recipients of assistance under
this title who assume all of the responsibilities for
environmental review, decision making, and action pursuant to
such Act, and such other provisions of law as the regulations
of the Secretary specify, that would apply to the Secretary
were the Secretary to undertake such projects as Federal
projects. The Secretary shall issue regulations to carry out
this subsection only after consultation with the Council on
Environmental Quality.
(2) Request for release.--The Secretary shall approve the
release of funds for projects subject to the procedures
authorized by this subsection only if, at least 15 days prior
to such approval and prior to any commitment of funds to such
projects other than for environmental studies, the recipient of
assistance under this title has submitted to the Secretary a
request for such release accompanied by a certification which
meets the requirements of paragraph (3). The Secretary's
approval of any such certification shall be deemed to satisfy
the responsibilities of the Secretary under the National
Environmental Policy Act of 1969 and such other provisions of
law as the regulations of the Secretary specify insofar as
those responsibilities relate to the release of funds for
projects to be carried out pursuant thereto which are covered
by such certification.
(3) Certification.--A certification under the procedures
authorized by this subsection shall--
(A) be made in a form acceptable to the Secretary;
(B) be executed by the chief executive officer or
other officer of the recipient of assistance under this
title qualified under regulations of the Secretary;
(C) specify that the recipient of assistance under
this title has fully carried out its responsibilities
as described in paragraph (1); and
(D) specify that the certifying officer (i)
consents to assume the status of a responsible Federal
official under the National Environmental Policy Act of
1969 and each provision of law specified in regulations
issued by the Secretary to the extent that the
provisions of such Act or other such provision of law
apply pursuant to paragraph (1) of this subsection, and
(ii) is authorized and consents on behalf of the
recipient of assistance under this title and such
officer to accept the jurisdiction of the Federal
courts for the purpose of enforcement of the
responsibilities as such an official.
(4) State responsibilities.--In the case of grants made to
States pursuant to section 106(d), the State shall perform the
actions of the Secretary described in paragraph (2) of this
subsection and the performance of such actions shall be deemed
to satisfy the Secretary's responsibilities referred to in the
second sentence of such paragraph.
(g) Retention of Program Income.--
(1) In general.--Notwithstanding any other provision of
law, any unit of general local government may retain any
program income that is realized from any grant made by the
Secretary, or any amount distributed by a State, under section
106 if (1) such income was realized after the initial
disbursement of the funds received by the unit of general local
government under such section, and (2) the unit of general
local government has agreed that it will utilize the program
income for eligible community development activities in
accordance with the provisions of this title, except that the
Secretary may exclude from consideration as program income any
amounts determined under regulations issued pursuant to section
104(j) of the Housing and Community Development Act of 1974 to
be so small that compliance with this subsection creates an
unreasonable administrative burden on the unit of general local
government.
(2) State distribution.--A State may require as a condition
of any amount distributed by such State under section 106(d)
that a unit of general local government shall pay to the State
any such income to be used by the State to fund additional
eligible community development activities, except that the
State shall waive such condition to the extent such income is
applied to continue the activity from which such income was
derived.
(h) Benefits Upon Displacement.--Each grantee under this title
shall provide for reasonable benefits to any person involuntarily and
permanently displaced as a result of the use of assistance received
under this title to acquire or substantially rehabilitate property.
(i) Protection of Individuals Engaging in Nonviolent Civil Rights
Demonstrations.--No funds authorized to be appropriated under section
103 of this Act may be obligated or expended to any unit of general
local government that--
(1) fails to adopt and enforce a policy prohibiting the use
of excessive force by law enforcement agencies within its
jurisdiction against any individuals engaged in nonviolent
civil rights demonstrations; or
(2) fails to adopt and enforce a policy of enforcing
applicable State and local laws against physically barring
entrance to or exit from a facility or location which is the
subject of such nonviolent civil rights demonstrations within
its jurisdiction.
SEC. 105. ELIGIBLE ACTIVITIES.
(a) In General.--Activities assisted under this title may include
only the following activities:
(1) Acquisition of real property.--The acquisition of real
property (including air rights, water rights, and other
interests therein) which is--
(A) blighted, deteriorated, undeveloped, or
inappropriately developed from the standpoint of sound
community development and growth;
(B) appropriate for rehabilitation or conservation
activities;
(C) appropriate for the preservation or restoration
of historic sites, the beautification of urban land,
the conservation of open spaces, natural resources, and
scenic areas, the provision of recreational
opportunities, or the guidance of urban development;
(D) to be used for the provision of public works,
facilities, and improvements eligible for assistance
under this title;
(E) to be used as a facility for coordinating and
providing activities and services for high risk youth
(as such term is defined in section 509A of the Public
Health Service Act); or
(F) to be used for other public purposes.
(2) Construction of public works and facilities.--The
acquisition, construction, rehabilitation, or installation of
public works or public facilities, including buildings for the
general conduct of government and facilities for coordinating
and providing activities and services for high risk youth (as
such term is defined in section 509A of the Public Health
Service Act).
(3) Clearance and rehabilitation of buildings.--The
clearance, removal, and rehabilitation of buildings and
improvements, including interim assistance, assistance for
facilities for coordinating and providing activities and
services for high risk youth (as such term is defined in
section 509A of the Public Health Service Act), and assistance
to privately owned buildings and improvements.
(4) Provision of public services and housing.--
(A) Public services.--The provision of public
services concerned with job training and retraining,
health care and education, crime prevention, drug abuse
treatment and rehabilitation, child care, education,
and recreation, which may include the provision of
public health and public safety vehicles.
(B) Housing activities.--The acquisition and
rehabilitation of housing for low- and moderate-income
families, except that any grantee that uses amounts
received under this title for housing activities under
this subparagraph shall make not less than 15 percent
of the amount used for such housing activities
available only for nonprofit organizations (as such
term is defined in section 104 of the Cranston-Gonzalez
National Affordable Housing Act) for such activities;
(C) Limitation.--Not more than 10 percent of the
amount of any assistance provided under this title
(including program income) to any unit of general local
government or Indian tribe (or in the case of
nonentitlement communities not more than 10 percent
statewide) may be used for activities under this
paragraph.
(5) Relocation assistance.--Relocation payments and
assistance for individuals, families, businesses,
organizations, and farm operations that are displaced as a
result of activities assisted under this title.
(6) Accessibility projects.--Special projects directed to
the removal of material and architectural barriers which
restrict the mobility and accessibility of elderly and
handicapped persons.
(7) Provision of services for high risk youth.--The
provision of recreational, educational, job training, and other
services for high risk youth (as such term is defined in
section 509A of the Public Health Service Act).
(8) Payment of administrative expenses.--Payment of
reasonable administrative costs associated with activities
assisted under this title and any expenses of developing the
statement required under section 104(a) and submitting
compliance reports required under section 104(d)(2).
(b) Reimbursable Administrative Expenses.--Upon the request of the
recipient of assistance under this title, the Secretary may agree to
perform administrative services on a reimbursable basis on behalf of
the recipient in connection with loans or grants for the rehabilitation
of properties pursuant to subsection (a)(3).
(c) Payment of Amounts.--Subject to the request of a grantee under
this title, the Secretary may provide amounts to be received by the
grantee to private and nonprofit organizations and other persons
carrying out eligible activities under this section on behalf of the
grantee.
(d) Prohibited Uses.--Except as provided in subsection (a)(4)(B),
assistance under this title may not be used for any activity the
primary purpose of which is to provide housing or for any activity
involving the construction, acquisition, or rehabilitation of inpatient
medical facilities.
SEC. 106. ALLOCATION AND DISTRIBUTION OF FUNDS.
(a) Allocation for Entitlement Areas.--
(1) Indian tribes.--Of the amount approved in an
appropriation Act under section 103 for grants under this
title, the Secretary shall reserve for grants to Indian tribes
1 percent of the amount appropriated under such section. The
Secretary shall provide for distribution of amounts under this
paragraph to Indian tribes on the basis of a competition
conducted pursuant to specific criteria for the selection of
Indian tribes to receive such amounts. The criteria shall be
contained in a guideline issued by the Secretary.
Notwithstanding any other provision of this title, such grants
to Indian tribes shall not be subject to the requirements of
section 104, except subsections (e), (f), and (h) of such
section.
(2) Metropolitan cities and urban counties.--Of the amount
remaining after allocations pursuant to paragraph (1), 70
percent shall be allocated by the Secretary to metropolitan
cities and urban counties. Except as otherwise specifically
authorized, each metropolitan city and urban county shall be
entitled to a grant from such allocation in an amount not
exceeding its basic amount computed pursuant to paragraph (1)
or (2) of subsection (b).
(b) Computation of Allocation Amounts for Entitlement Areas.--
(1) Metropolitan cities.--The Secretary shall determine the
amount to be allocated to each metropolitan city which shall be
the greater of an amount that bears the same ratio to the
allocation for all metropolitan areas as either--
(A) the average of the ratios between--
(i) the population of that city and the
population of all metropolitan areas;
(ii) the extent of poverty in that city and
the extent of poverty in all metropolitan
areas; and
(iii) the extent of housing overcrowding in
that city, and the extent of housing
overcrowding in all metropolitan areas; or
(B) the average of the ratios between--
(i) the extent of growth lag in that city
and the extent of growth lag in all
metropolitan cities;
(ii) the extent of poverty in that city and
the extent of poverty in all metropolitan
areas; and
(iii) the age of housing in that city and
the age of housing in all metropolitan areas.
(2) Urban counties.--The Secretary shall determine the
amount to be allocated to each urban county, which shall be the
greater of an amount that bears the same ratio to the
allocation for all metropolitan areas as either--
(A) the average of the ratios between--
(i) the population of that urban county and
the population of all metropolitan areas;
(ii) the extent of poverty in that urban
county and the extent of poverty in all
metropolitan areas; and
(iii) the extent of housing overcrowding in
that urban county and the extent of housing
overcrowding in all metropolitan areas; or
(B) the average of the ratios between--
(i) the extent of growth lag in that urban
county and the extent of growth lag in all
metropolitan cities and urban counties;
(ii) the extent of poverty in that urban
county and the extent of poverty in all
metropolitan areas; and
(iii) the age of housing in that urban
county and the age of housing in all
metropolitan areas.
(3) Determination of ratios.--In determining the average of
ratios under paragraphs (1)(A) and (2)(A), the ratio involving
the extent of poverty shall be counted twice, and each of the
other ratios shall be counted once; and in determining the
average of ratios under paragraphs (1)(B) and (2)(B), the ratio
involving the extent of growth lag shall be counted once, the
ratio involving the extent of poverty shall be counted one and
one-half times, and the ratio involving the age of housing
shall be counted two and one-half times.
(c) Reallocation of Undistributed Amounts.--
(1) In general.--Any amounts allocated to a metropolitan
city or an urban county pursuant to the preceding provisions of
this section which are not received by the city or county
because of failure to meet the requirements of subsection (a),
(b), or (c) of section 104, or which become available as a
result of actions under section 109, shall be reallocated in
fiscal year 1994 to the other metropolitan cities and urban
counties in the same metropolitan area which certify to the
satisfaction of the Secretary that they would be adversely
affected by the loss of such amounts from the metropolitan
area. The amount of the share of funds reallocated under this
paragraph for any metropolitan city or urban county shall bear
the same ratio to the total of such reallocated funds in the
metropolitan area as the amount of funds awarded to the city or
county for fiscal year 1993 bears to the total amount of funds
awarded to all metropolitan cities and urban counties in the
same metropolitan area for fiscal year 1993, except that--
(A) in determining the amounts awarded to cities or
counties for purposes of calculating shares pursuant to
this sentence, there shall be excluded from the award
of any city or county any amounts that become available
as a result of actions against such city or county
under section 109;
(B) in reallocating amounts resulting from an
action under section 109, a city or county against whom
any such action was taken shall be excluded from a
calculation of share for purposes of reallocating, in
fiscal year 1994, the amounts becoming available as a
result of such action; and
(C) in no event may the share of reallocated funds
for any metropolitan city or urban county exceed 25
percent of the amount awarded to the city or county
under section 106(b) for fiscal year 1993.
Any amounts allocated under section 106(b) which become
available for reallocation and for which no metropolitan city
or urban county qualifies under this paragraph shall be covered
into the Treasury of the United States.
(2) Transfer responsibility.--Notwithstanding the
provisions of paragraph (1), the Secretary may, upon request,
transfer responsibility to any metropolitan city for the
administration of any amounts received, but not obligated, by
the urban county in which such city is located if (A) such city
was an included unit of general local government in such county
prior to the qualification of such city as a metropolitan city;
(B) such amounts were designated and received by such county
for use in such city prior to the qualification of such city as
a metropolitan city; and (C) such city and county agree to such
transfer of responsibility for the administration of such
amounts.
(d) Allocation to States for Nonentitlement Areas.--
(1) Computation of allocation amount.--Of the amount
approved in an appropriations Act under section 103 for grants
under this title (excluding the amounts provided for use in
accordance with section 106(a)(1)), 30 percent shall be
allocated among the States for use in nonentitlement areas. The
allocation for each State shall be the greater of an amount
that bears the same ratio to the allocation for such areas of
all States available under this subparagraph as either--
(A) the average of the ratios between--
(i) the population of the nonentitlement
areas in that State and the population of the
nonentitlement areas of all States;
(ii) the extent of poverty in the
nonentitlement areas in that State and the
extent of poverty in the nonentitlement areas
of all States; and
(iii) the extent of housing overcrowding in
the nonentitlement areas in that State and the
extent of housing overcrowding in the
nonentitlement areas of all States; or
(B) the average of the ratios between--
(i) the age of housing in the
nonentitlement areas in that State and the age
of housing in the nonentitlement areas of all
States;
(ii) the extent of poverty in the
nonentitlement areas in that State and the
extent of poverty in the nonentitlement areas
of all States; and
(iii) the population of the nonentitlement
areas in that State and the population of the
nonentitlement areas of all States.
In determining the average of the ratios under subparagraph (A)
the ratio involving the extent of poverty shall be counted
twice and each of the other ratios shall be counted once; and
in determining the average of the ratios under subparagraph
(B), the ratio involving the age of housing shall be counted
two and one-half times, the ratio involving the extent of
poverty shall be counted one and one-half times, and the ratio
involving population shall be counted once. The Secretary
shall, in order to compensate for the discrepancy between the
total of the amounts to be allocated under this paragraph and
the total of the amounts available under such paragraph, make a
pro rata reduction of each amount allocated to the
nonentitlement areas in each State under such paragraph so that
the nonentitlement areas in each State will receive an amount
which represents the same percentage of the total amount
available under such paragraph as the percentage which the
nonentitlement areas of the same State would have received
under such paragraph if the total amount available under such
paragraph had equaled the total amount which was allocated
under such paragraph.
(2) Distribution of amounts.--
(A) In general.--Amounts allocated under paragraph
(1) shall be distributed to units of general local
government located in nonentitlement areas of the State
to carry out activities in accordance with the
provisions of this title--
(i) by a State that has elected, in such
manner and at such time as the Secretary shall
prescribe, to distribute such amounts,
consistent with the statement submitted under
section 104(a); or
(ii) by the Secretary, in any case
described in subparagraph (B), for use by units
of general local government in accordance with
paragraph (3)(B).
(B) Distribution by secretary.--The Secretary shall
distribute amounts allocated under paragraph (1) if the
State has not elected to distribute such amounts.
(C) Distribution by state.--To receive and
distribute amounts allocated under paragraph (1), the
State must certify that it, with respect to units of
general local government in nonentitlement areas--
(i) engages or will engage in planning for
community development activities;
(ii) provides or will provide technical
assistance to units of general local government
in connection with community development
programs;
(iii) will not refuse to distribute such
amounts to any unit of general local government
on the basis of the particular eligible
activity selected by such unit of general local
government to meet its community development
needs, except that this clause may not be
considered to prevent a State from establishing
priorities in distributing such amounts on the
basis of the activities selected; and
(iv) has consulted with local elected
officials from among units of general local
government located in nonentitlement areas of
that State in determining the method of
distribution of funds required by subparagraph
(A).
(D) Community identification of needs.--To receive
and distribute amounts allocated under paragraph (1),
the State shall certify that each unit of general local
government to be distributed funds will be required to
identify its community development needs, including the
needs of low- and moderate-income persons, and the
activities to be undertaken to meet such needs.
(3) Other distribution requirements.--
(A) State distribution expenses.--If the State
receives and distributes such amounts, the State shall
be responsible for the administration of funds so
distributed. The State shall pay from its own resources
all administrative expenses incurred by the State in
carrying out its responsibilities under this title,
except that from the amounts received for distribution
in nonentitlement areas the State may deduct an amount
to cover such administrative expenses which may not
exceed the sum of $100,000 plus 50 percent of any such
expenses under this title in excess of $100,000. Any
amounts deducted in excess of $100,000 may not exceed 2
percent of the amount so received.
(B) Distribution by secretary.--If the Secretary
distributes such amounts, the distribution shall be
made in accordance with determinations of the Secretary
pursuant to statements submitted and other requirements
of section 104 and in accordance with regulations and
procedures prescribed by the Secretary.
(C) Recovered state amounts.--Any amounts allocated
for use in a State under paragraph (1) that are not
received by the State because of failure to meet the
requirements of subsection (a), (b), or (c) of section
104 or to make the certifications required in
subparagraphs (C) and (D) of paragraph (2), or that
become available as a result of actions against the
State under section 109, shall be covered into the
Treasury of the United States.
(D) Recovered amounts from units of general local
government.--Any amounts allocated for use in a State
under paragraph (1) that become available as a result
of actions under section 109 against units of general
local government in nonentitlement areas of the State
or as a result of the closeout of a grant made by the
Secretary under this section in nonentitlement areas of
the State shall be covered into the Treasury of the
United States.
(4) Required certifications.--No amount may be distributed
by any State or the Secretary under this subsection to any unit
of general local government located in a nonentitlement area
unless such unit of general local government certifies that--
(A) it will minimize displacement of persons as a
result of activities assisted with such amounts;
(B) its program will be conducted and administered
in conformity with the Civil Rights Act of 1964 and the
Civil Rights Act of 1968, and that it will
affirmatively further fair housing;
(C) it will not attempt to recover any capital
costs of public improvements assisted in whole or part
under section 106 by assessing any amount against
properties owned and occupied by persons of low- and
moderate-income, including any fee charged or
assessment made as a condition of obtaining access to
such public improvements, unless (i) funds received
under section 106 are used to pay the proportion of
such fee or assessment that relates to the capital
costs of such public improvements that are financed
from revenue sources other than under this title; or
(ii) for purposes of assessing any amount against
properties owned and occupied by persons of moderate
income, the grantee certifies to the Secretary or such
State, as the case may be, that it lacks sufficient
funds received under section 106 to comply with the
requirements of clause (i).
(5) Grants to nonentitlement areas.--Pursuant to section
102(a)(1) of the Housing and Community Development Act of 1974
and section 102(a) of this Act, any combination of units of
general local government may not be required to obtain
recognition by the Secretary to be treated as a single unit of
general local government for purposes of this subsection.
(6) Applicability of federal laws.--Any activities
conducted with amounts received by a unit of general local
government under this subsection shall be subject to the
applicable provisions of this title and other Federal law in
the same manner and to the same extent as activities conducted
with amounts received by a unit of general local government
under subsection (a).
(e) Submission Dates.--The Secretary may fix such qualification or
submission dates as the Secretary determines necessary to permit the
computations and determinations required by this section to be made in
a timely manner, and all such computations and determinations shall be
final and conclusive.
(f) Limitation on Use of 1990 Census Data.--
(1) In general.--Except as provided in paragraph (2), no
data derived from the 1990 Decennial Census shall be taken into
account for purposes of the allocation of amounts under this
section.
(2) Exception.--Data from such Census relating to
population and poverty may be taken into account for the
purposes referred to in paragraph (1).
SEC. 107. NONDISCRIMINATION.
(a) In General.--No person in the United States shall on the ground
of race, color, national origin, religion, or sex be excluded from
participation in, be denied the benefits of, or be subjected to
discrimination under any program or activity funded in whole or in part
with funds made available under this title. Any prohibition against
discrimination on the basis of age under the Age Discrimination Act of
1975 or with respect to an otherwise qualified handicapped individual
as provided in section 504 of the Rehabilitation Act of 1973 shall also
apply to any such program or activity.
(b) Notification and Enforcement.--Whenever the Secretary
determines that a State or unit of general local government which is a
recipient of assistance under this title has failed to comply with
subsection (a) or an applicable regulation, the Secretary shall notify
the Governor of such State or the chief executive officer of such unit
of local government of the noncompliance and shall request the Governor
or the chief executive officer to secure compliance. If within a
reasonable period of time, not to exceed 60 days, the Governor or the
chief executive officer fails or refuses to secure compliance, the
Secretary may (1) refer the matter to the Attorney General with a
recommendation that an appropriate civil action be instituted; (2)
exercise the powers and functions provided under title VI of the Civil
Rights Act of 1964; (3) exercise the powers and functions provided for
in section 109(a) of this Act; or (4) take such other action as may be
provided by law.
(c) Civil Action by Attorney General.--When a matter is referred to
the Attorney General pursuant to subsection (b), or whenever the
Attorney General has reason to believe that a State government or unit
of general local government is engaged in a pattern or practice in
violation of the provisions of this section, the Attorney General may
bring a civil action in any appropriate United States district court
for such relief as may be appropriate, including injunctive relief.
SEC. 108. LABOR STANDARDS.
(a) Wages.--All laborers and mechanics employed by contractors or
subcontractors in the performance of construction work financed in
whole or in part with assistance received under this title shall be
paid wages at rates not less than those prevailing on similar
construction in the locality as determined by the Secretary of Labor in
accordance with the Davis-Bacon Act (40 U.S.C. 276a--276a-5); except
that this section shall apply to the rehabilitation of residential
property only if such property contains not less than 8 units. The
Secretary of Labor shall have, with respect to such labor standards,
the authority and functions set forth in Reorganization Plan Numbered
14 of 1950 (15 F.R. 3176; 64 Stat. 1267) and section 2 of the Act of
June 13, 1934 (48 Stat. 948; 40 U.S.C. 276(c)).
(b) Applicability.--Subsection (a) shall not apply to any
individual--
(1) that performs services for which the individual
volunteered;
(2) that--
(A) does not receive compensation for such
services; or
(B) is paid expenses, reasonable benefits, or a
nominal fee for such services; and
(3) is not otherwise employed at any time in the
construction work.
SEC. 109. REMEDIES FOR NONCOMPLIANCE.
(a) In General.--If the Secretary finds after reasonable notice and
opportunity for hearing that a recipient of assistance under this title
has failed to comply substantially with any provision of this title,
the Secretary, until the Secretary is satisfied that there is no longer
any such failure to comply, shall--
(1) terminate payments to the recipient under this title;
(2) reduce payments to the recipient under this title by an
amount equal to the amount of such payments which were not
expended in accordance with this title; or
(3) limit the availability of payments under this title to
programs, projects, or activities not affected by such failure
to comply.
(b) Referral to Attorney General.--
(1) Authority.--In lieu of, or in addition to, any action
authorized by subsection (a), the Secretary may, if the
Secretary has reason to believe that a recipient has failed to
comply substantially with any provision of this title, refer
the matter to the Attorney General of the United States with a
recommendation that an appropriate civil action be instituted.
(2) Civil action.--Upon such a referral the Attorney
General may bring a civil action in any United States district
court having venue thereof for such relief as may be
appropriate, including an action to recover the amount of the
assistance furnished under this title which was not expended in
accordance with it, or for mandatory or injunctive relief.
(c) Review.--
(1) Right of grantee.--Any recipient that receives notice
under subsection (a) of the termination, reduction, or
limitation of payments under this title may, within 60 days
after receiving such notice, file with the United States Court
of Appeals for the circuit in which such State is located, or
in the United States Court of Appeals for the District of
Columbia, a petition for review of the Secretary's action. The
petitioner shall forthwith transmit copies of the petition to
the Secretary and the Attorney General of the United States,
who shall represent the Secretary in the litigation.
(2) Filing of record.--The Secretary shall file in the
court record of the proceeding on which the Secretary based the
action, as provided in section 2112 of title 28, United States
Code. No objection to the action of the Secretary shall be
considered by the court unless such objection has been urged
before the Secretary.
(3) Jurisdiction.--The court shall have jurisdiction to
affirm or modify the action of the Secretary or to set it aside
in whole or in part. The findings of fact by the Secretary, if
supported by substantial evidence on the record considered as a
whole, shall be conclusive. The court may order additional
evidence to be taken by the Secretary, and to be made part of
the record. The Secretary may modify the findings of fact by
the Secretary, or make new findings, by reason of the new
evidence so taken and filed with the court, and the Secretary
shall also file such modified or new findings, which findings
with respect to questions of fact shall be conclusive if
supported by substantial evidence on the record considered as a
whole. The Secretary shall also file a recommendation, if any,
for the modification or setting aside of the original action of
the Secretary.
(4) Effect of judgment.--Upon the filing of the record with
the court, the jurisdiction of the court shall be exclusive and
its judgment shall be final, except that such judgment shall be
subject to review by the Supreme Court of the United States
upon writ of certiorari or certification as provided in section
1254 of title 28, United States Code.
SEC. 110. CONSULTATION.
In carrying out the provisions of this title, including the
issuance of regulations, the Secretary shall consult with other Federal
departments and agencies administering Federal grant-in-aid programs.
SEC. 111. INTERSTATE AGREEMENTS.
The consent of the Congress is hereby given to any 2 or more States
to enter into agreements or compacts, not in conflict with any law of
the United States, for cooperative efforts and mutual assistance in
support of community development planning and programs carried out
under this title as they pertain to interstate areas and to localities
within such States, and to establish such agencies, joint or otherwise,
as they may deem desirable for making such agreements and compacts
effective.
SEC. 112. REGULATIONS.
The Secretary shall issue any regulations necessary to carry out
this title not later than the expiration of 45-day period beginning on
the date of the enactment of this Act and such regulations shall take
effect upon issuance. Not later than the expiration of the 30-day
period beginning on the date of the enactment of this Act, the
Secretary shall submit a copy of any regulations to be issued under
this section to the Congress. The requirements of section 7(o)(7) of
the Department of Housing and Urban Development Act shall apply to any
such regulations, but such regulations shall not be subject to the
requirements of subsections (b) and (c) of section 553 of title 5,
United States Code.
TITLE II--HOMEOWNERSHIP ASSISTANCE
SEC. 201. NATIONAL HOMEOWNERSHIP TRUST DEMONSTRATION.
(a) Authorization of Appropriations.--To provide assistance
necessary because of extreme recessionary economic conditions, there is
authorized to be appropriated for fiscal year 1993, in addition to any
amounts authorized under section 308 of the Cranston-Gonzalez National
Affordable Housing Act (42 U.S.C. 12857), $500,000,000 to carry out
subtitle A of title III of such Act, which amounts shall remain
available until expended.
(b) Regulations.--The Board of Directors of the National
Homeownership Trust shall issue any regulations necessary to carry out
subtitle A of title III of the Cranston-Gonzalez National Affordable
Housing Act not later than the expiration of the 45-day period
beginning on the date of the enactment of this Act. Not later than the
expiration of the 30-day period beginning on the date of the enactment
of this Act, the Board of Directors shall submit a copy of any
regulations to be issued under this subsection to the Congress. Such
regulations shall not be subject to the requirements of subsections (b)
and (c) of section 553 of title 5, United States Code.
TITLE III--RURAL HOUSING ASSISTANCE
SEC. 301. SECTION 502 RURAL HOUSING LOANS.
(a) Loan Authority.--
(1) In general.--To provide assistance necessary because of
extreme recessionary economic conditions, the credit authority
available under section 513(a)(1)(A) of the Housing Act of 1949
for insured or guaranteed loans under section 502 of such Act
on behalf of low-income borrowers receiving assistance under
section 521(a)(1) of such Act is authorized to be increased by
$2,650,000,000 during fiscal year 1993, except that the credit
authority made available under this subsection may not be used
for guaranteed loans under section 502(h) of such Act.
(2) Authorization of appropriations for credit costs.--
There is authorized to be appropriated $498,200,000 to cover
the costs (as such term is defined in section 502 of the
Congressional Budget Act of 1974) of loan obligations entered
into pursuant to paragraph (1).
(b) Authorization of Appropriations for Supplemental Grants for
Housing in Remote Rural Areas.--To provide assistance necessary because
of extreme recessionary economic conditions, there is authorized to be
appropriated for fiscal year 1993, in addition to any amounts
authorized under section 513(b)(1) of the Housing Act of 1949,
$1,000,000 for grants under section 502(f)(1) of such Act.
SEC. 302. SECTION 504 HOUSING IMPROVEMENT LOANS AND GRANTS.
(a) Loan Authority.--
(1) In general.--To provide assistance necessary because of
extreme recessionary economic conditions, the credit authority
available under section 513(a)(1)(C) of the Housing Act of 1949
for loans under section 504 of such Act is authorized to be
increased by $12,500,000 during fiscal year 1993.
(2) Authorization of appropriations for credit costs.--
There is authorized to be appropriated $5,420,000 to cover the
costs (as such term is defined in section 502 of the
Congressional Budget Act of 1974) of loan obligations entered
into pursuant to paragraph (1).
(b) Authorization of Appropriations for Grants.--To provide
assistance necessary because of extreme recessionary economic
conditions, there is authorized to be appropriated for fiscal year
1993, in addition to any amounts authorized under section 513(b)(2) of
the Housing Act of 1949, $12,500,000 for grants under section 504 of
such Act.
SEC. 303. SECTION 515 RENTAL HOUSING LOANS.
(a) In General.--To provide assistance necessary because of extreme
recessionary economic conditions, the credit authority available under
section 513(a)(1)(E) of the Housing Act of 1949 for insured loans under
section 515 of such Act is authorized to be increased by $1,700,000,000
during fiscal year 1993.
(b) Authorization of Appropriations for Credit Costs.--There is
authorized to be appropriated $877,200,000 to cover the costs (as such
term is defined in section 502 of the Congressional Budget Act of 1974)
of loan obligations entered into pursuant to subsection (a).
SEC. 304. HOUSING FOR RURAL HOMELESS AND MIGRANT FARMWORKERS.
To provide assistance necessary because of extreme recessionary
economic conditions, the budget authority available under section
513(b)(7)(B) of the Housing Act of 1949 for financial assistance under
section 516(k) of such Act for housing for rural homeless and migrant
farmworkers is authorized to be increased by $10,000,000 during fiscal
year 1993.
SEC. 305. RENTAL ASSISTANCE PAYMENT CONTRACTS.
To provide assistance necessary because of extreme recessionary
economic conditions, the budget authority available under section
513(c)(1) of the Housing Act of 1949 for rental assistance payment
contracts under section 521(a)(2)(A) of such Act is authorized to be
increased by $500,000,000 during fiscal year 1993.
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