Home > 104th Congressional Public Laws > Pub.L. 104-121 To provide for enactment of the Senior Citizens' Right to Work Act of 1996, the Line Item Veto Act, and the Small Business Growth and Fairness Act of 1996, and to provide for a permanent increase in the public debt limit. <Pub.L. 104-121 To provide for enactment of the Senior Citizens' Right to Work Act of 1996, the Line Item Veto Act, and the Small Business Growth and Fairness Act of 1996, and to provide for a permanent increase in the public debt limit. <
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HOUSING OPPORTUNITY PROGRAM EXTENSION ACT OF 1996
[[Page 110 STAT. 834]]
Public Law 104-120
104th Congress
An Act
To provide an extension for fiscal year 1996 for certain programs
administered by the Secretary of Housing and Urban Development and the
Secretary of Agriculture, and for other purposes. <<NOTE: Mar. 28,
1996 - [S. 1494]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Housing
Opportunity Program Extension Act of 1996.>>
SECTION 1. <<NOTE: 12 USC 1701 note.>> SHORT TITLE.
This Act may be cited as the ``Housing Opportunity Program Extension
Act of 1996''.
SEC. 2. <<NOTE: 42 USC 1437f note.>> MULTIFAMILY HOUSING ASSISTANCE.
(a) Section 8 Contract Renewal.--Notwithstanding section 405(b) of
the Balanced Budget Downpayment Act, I (Public Law 104-99; 110 Stat.
44), at the request of the owner of any project assisted under section
8(e)(2) of the United States Housing Act of 1937 (as such section
existed immediately before October 1, 1991), the Secretary of Housing
and Urban Development may renew, for a period of 1 year, the contract
for assistance under such section for such project that expires or
terminates during fiscal year 1996 at current rent levels.
(b) <<NOTE: 12 USC 4101 note.>> Low-Income Housing Preservation.--
(1) Use of amounts.--Notwithstanding any provision of the
Balanced Budget Downpayment Act, I (Public Law 104-99; 110 Stat.
26) or any other law, the Secretary shall use the amounts
described in paragraph (2) of this subsection under the
authority and conditions provided in the second undesignated
paragraph of the item relating to ``Housing Programs--annual
contributions for assisted housing'' in title II of the bill,
H.R. 2099 (104th Congress), as passed the House of
Representatives on December 7, 1995; except that for purposes of
this subsection, any reference in such undesignated paragraph to
March 1, 1996, shall be construed to refer to April 15, 1996,
any reference in such paragraph to July 1, 1996, shall be
construed to refer to August 15, 1996, and any reference in such
paragraph to August 1, 1996, shall be construed to refer to
September 15, 1996.
(2) Description of amounts.--Except as otherwise provided in
any future appropriation Act, the amounts described under this
paragraph are any amounts that--
(A) are--
(i) unreserved, unobligated amounts provided
in an appropriation Act enacted before the date of
the enactment of this Act;
[[Page 110 STAT. 835]]
(ii) provided under the Balanced Budget
Downpayment Act, I; or
(iii) provided in any appropriation Act
enacted after the date of the enactment of this
Act; and
(B) are provided for use in conjunction with
properties that are eligible for assistance under the
Low-Income Housing Preservation and Resident
Homeownership Act of 1990 or the Emergency Low Income
Housing Preservation Act of 1987.
SEC. 3. COMMUNITY DEVELOPMENT BLOCK GRANTS.
(a) <<NOTE: 42 USC 5305 note.>> Direct Homeownership Activities.--
Notwithstanding the amendments made by section 907(b)(2) of the
Cranston-Gonzalez National Affordable Housing Act, section 105(a)(25) of
the Housing and Community Development Act of 1974, as in existence on
September 30, 1995, shall apply to the use of assistance made available
under title I of the Housing and Community Development Act of 1974
during fiscal year 1996.
(b) Increase in Cumulative Limit.--Section 108(k)(1) of the Housing
and Community Development Act of 1974 (42 U.S.C. 5308(k)(1)) is amended
by striking ``$3,500,000,000'' and inserting ``$4,500,000,000''.
SEC. 4. EXTENSION OF RURAL HOUSING PROGRAMS.
(a) Underserved Areas Set-Aside.--Section 509(f)(4)(A) of the
Housing Act of 1949 (42 U.S.C. 1479(f)(4)(A)) is amended--
(1) in the first sentence, by striking ``fiscal years 1993
and 1994'' and inserting ``fiscal year 1996''; and
(2) in the second sentence, by striking ``each''.
(b) Rural Multifamily Rental Housing.--Section 515(b)(4) of the
Housing Act of 1949 (42 U.S.C. 1485(b)(4)) is amended by striking
``September 30, 1994'' and inserting ``September 30, 1996''.
(c) Rural Rental Housing Funds for Nonprofit Entities.--The first
sentence of section 515(w)(1) of the Housing Act of 1949 (42 U.S.C.
1485(w)(1)) is amended by striking ``fiscal years 1993 and 1994'' and
inserting ``fiscal year 1996''.
SEC. 5. LOAN GUARANTEES FOR MULTIFAMILY RENTAL HOUSING IN RURAL
AREAS.
(a) <<NOTE: Incorporation. 42 USC 1490p-2.>> In General.--The
provisions of section 5 of the bill, H.R. 1691 (104th Congress), as
passed the House of Representatives on October 30, 1995, are hereby
enacted into law.
(b) Technical Amendment.--Section 538 of the Housing Act of 1949 (as
added by the amendment made pursuant to subsection (a) of this section)
is amended by striking <<NOTE: 42 USC 1490p-2.>> ``Homesteading and
Neighborhood Restoration Act of 1995'' each place it appears and
inserting ``Housing Opportunity Program Extension Act of 1996''.
SEC. 6. EXTENSION OF FHA MORTGAGE INSURANCE PROGRAM FOR HOME
EQUITY CONVERSION MORTGAGES.
(a) Extension of Program.--The first sentence of section 255(g) of
the National Housing Act (12 U.S.C. 1715z-20(g)) is amended by striking
``September 30, 1996'' and inserting ``September 30, 2000''.
(b) Limitation on Number of Mortgages.--The second sentence of
section 255(g) of the National Housing Act (12 U.S.C. 1715z-20(g)) is
amended by striking ``30,000'' and inserting ``50,000''.
[[Page 110 STAT. 836]]
(c) Eligible Mortgages.--Section 255(d)(3) of the National Housing
Act (12 U.S.C. 1715z-20(d)(3)) is amended to read as follows:
``(3) be secured by a dwelling that is designed principally
for a 1- to 4-family residence in which the mortgagor occupies 1
of the units;''.
SEC. 7. LIMITATION ON GNMA GUARANTEES OF MORTGAGE-BACKED
SECURITIES.
Section 306(g)(2) of the Federal National Mortgage Association
Charter Act (12 U.S.C. 1721(g)(2)) is amended to read as follows:
``(2) Notwithstanding any other provision of law and subject only to
the absence of qualified requests for guarantees, to the authority
provided in this subsection, and to the extent of or in such amounts as
any funding limitation approved in appropriation Acts, the Association
shall enter into commitments to issue guarantees under this subsection
in an aggregate amount of $110,000,000,000 during fiscal year 1996.
There are authorized to be appropriated to cover the costs (as such term
is defined in section 502 of the Congressional Budget Act of 1974) of
guarantees issued under this Act by the Association such sums as may be
necessary for fiscal year 1996.''.
SEC. 8. EXTENSION OF MULTIFAMILY HOUSING FINANCE PROGRAMS.
(a) Risk-Sharing Pilot Program.--The first sentence of section
542(b)(5) of the Housing and Community Development Act of 1992 (12
U.S.C. 1707 note) is amended by striking ``on not more than 15,000 units
over fiscal years 1993 and 1994'' and inserting ``on not more than 7,500
units during fiscal year 1996''.
(b) Housing Finance Agency Pilot Program.--The first sentence of
section 542(c)(4) of the Housing and Community Development Act of 1992
(12 U.S.C. 1707 note) is amended by striking ``on not to exceed 30,000
units over fiscal years 1993, 1994, and 1995'' and inserting ``on not
more than 12,000 units during fiscal year 1996''.
SEC. 9. SAFETY AND SECURITY IN PUBLIC AND ASSISTED HOUSING.
(a) Contract Provisions and Requirements.--Section 6 of the United
States Housing Act of 1937 (42 U.S.C. 1437d) is
amended--
(1) in subsection (k), in the matter following paragraph
(6)--
(A) by striking ``on or near such premises'' and
inserting ``on or off such premises''; and
(B) by striking ``criminal'' the first place it
appears; and
(2) in subsection (l)(5), by striking ``on or near such
premises'' and inserting ``on or off such premises''.
(b) Availability of Criminal Records for Screening and Eviction.--
Section 6 of the United States Housing Act of 1937 (42 U.S.C. 1437d) is
amended by adding at the end the following new subsection:
``(q) Availability of Records.--
``(1) In general.--
``(A) Provision of information.--Notwithstanding any
other provision of law, except as provided in
subparagraph (B), the National Crime Information Center,
police departments, and other law enforcement agencies
shall,
[[Page 110 STAT. 837]]
upon request, provide information to public housing
agencies regarding the criminal conviction records of
adult applicants for, or tenants of, public housing for
purposes of applicant screening, lease enforcement, and
eviction.
``(B) Exception.--A law enforcement agency described
in subparagraph (A) shall provide information under this
paragraph relating to any criminal conviction of a
juvenile only to the extent that the release of such
information is authorized under the law of the
applicable State, tribe, or locality.
``(2) Opportunity to dispute.--Before an adverse action is
taken with regard to assistance under this title on the basis of
a criminal record, the public housing agency shall provide the
tenant or applicant with a copy of the criminal record and an
opportunity to dispute the accuracy and relevance of that
record.
``(3) Fee.--A public housing agency may be charged a
reasonable fee for information provided under paragraph (1).
``(4) Records management.--Each public housing agency shall
establish and implement a system of records management that
ensures that any criminal record received by the public housing
agency is--
``(A) maintained confidentially; <<NOTE: Privacy.>>
``(B) not misused or improperly disseminated; and
``(C) destroyed, once the purpose for which the
record was requested has been accomplished.
``(5) Definition.--For purposes of this subsection, the term
`adult' means a person who is 18 years of age or older, or who
has been convicted of a crime as an adult under any Federal,
State, or tribal law.''.
(c) Ineligibility Because of Eviction for Drug-Related Activity.--
Section 6 of the United States Housing Act of 1937 <<NOTE: 42 USC
1437d.>> is amended by adding after subsection (q) (as added by
subsection (b) of this section) the following new subsection:
``(r) Ineligibility Because of Eviction for Drug-Related Activity.--
Any tenant evicted from housing assisted under this title by reason of
drug-related criminal activity (as that term is defined in section 8(f))
shall not be eligible for housing assistance under this title during the
3-year period beginning on the date of such eviction, unless the evicted
tenant successfully completes a rehabilitation program approved by the
public housing agency (which shall include a waiver of this subsection
if the circumstances leading to eviction no longer exist).''.
(d) Ineligibility of Illegal Drug Users and Alcohol Abusers for
Assisted Housing.--Section 16 of the United States Housing Act of 1937
(42 U.S.C. 1437n) is amended--
(1) in the section heading by striking ``income''; and
(2) by adding at the end the following new subsection:
``(e) Ineligibility of Illegal Drug Users and Alcohol Abusers.--
``(1) In general.--Notwithstanding any other provision of
law, a public housing agency shall establish standards for
occupancy in public housing dwelling units and assistance under
section 8--
``(A) that prohibit occupancy in any public housing
dwelling unit by, and assistance under section 8 for,
any person--
[[Page 110 STAT. 838]]
``(i) who the public housing agency determines
is illegally using a controlled substance; or
``(ii) if the public housing agency determines
that it has reasonable cause to believe that such
person's illegal use (or pattern of illegal use)
of a controlled substance, or abuse (or pattern of
abuse) of alcohol, may interfere with the health,
safety, or right to peaceful enjoyment of the
premises by other residents of the project; and
``(B) that allow the public housing agency to
terminate the tenancy in any public housing unit of, and
the assistance under section 8 for, any person--
``(i) who the public housing agency determines
is illegally using a controlled substance; or
``(ii) whose illegal use of a controlled
substance, or whose abuse of alcohol, is
determined by the public housing agency to
interfere with the health, safety, or right to
peaceful enjoyment of the premises by other
residents of the project.
``(2) Consideration of rehabilitation.--In determining
whether, pursuant to paragraph (1), to deny occupancy or
assistance to any person based on a pattern of use of a
controlled substance or a pattern of abuse of alcohol, a public
housing agency may consider whether such person--
``(A) has successfully completed a supervised drug
or alcohol rehabilitation program (as applicable) and is
no longer engaging in the illegal use of a controlled
substance or abuse of alcohol (as applicable);
``(B) has otherwise been rehabilitated successfully
and is no longer engaging in the illegal use of a
controlled substance or abuse of alcohol (as
applicable); or
``(C) is participating in a supervised drug or
alcohol rehabilitation program (as applicable) and is no
longer engaging in the illegal use of a controlled
substance or abuse of alcohol (as applicable).
``(3) Inapplicability to indian housing.--This subsection
does not apply to any dwelling unit assisted by an Indian
housing authority.''.
SEC. 10. PUBLIC HOUSING DESIGNATED FOR ELDERLY AND DISABLED
FAMILIES.
(a) Authority for Designation.--Section 7 of the United States
Housing Act of 1937 (42 U.S.C. 1437e) is amended to read as follows:
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