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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[[Page 833]]

            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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