Clerk session vote number: 476
Description: HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1992
Bill summary: Housing and Community Development Act of 1992 -
Title I: Housing Assistance - Subtitle A: General Provisions
- Amends the United States Housing Act of 1937 to: (1) increase the aggregate budget authority for low-income housing for FY 1993 and 1994, and specify earmarks for its utilization; (2) extend ceiling rents; (3) exclude certain child care expenses and excessive travel expenses from the calculation of adjusted income, and apply to Indian public housing certain definitions of the
Cranston-Gonzales National Affordable Housing Act; (4) direct the Secretary of Housing and Urban Development (HUD) (the Secretary) to issue public and section 8 housing tenant preference rules by a certain date; (5) extend certain exemptions from waiting list requirements and eligibility restrictions with respect to income eligibility for assisted housing; and (6) revise the family self-sufficiency program, especially with respect to escrow savings accounts, incentives for participation, and action plans.
Subtitle B: Public and Indian Housing
- Amends the United States Housing Act of 1937 with respect to: (1) major reconstruction of obsolete public housing projects; (2) reduction of tenant preferences in public housing for families from substandard housing; (3) reform of public housing management; (4) authorization of appropriations for public housing operating subsidies, resident management, and family investment centers for FY 1993 and 1994; (5) public housing vacancy reduction; (6) public housing demolition and disposition, including replacement plans; and (7) revitalization of severely distressed public housing, including planning and implementing grants.
Adds to the United States Housing Act of 1937 a new section entitled the "Choice in Public Housing Management Act of 1992." Authorizes the Secretary to approve up to 25 applications during FY 1993 and 1994 by resident councils for the transfer to alternative managers of the management of distressed public housing projects, or buildings within them, owned or operated by troubled public housing agencies. Provides for rehabilitation grants, capital improvement funding, and performance review of managers.
Exempts assisted housing for Indians and Alaska Natives from the limitations of the Act on contracts involving new construction. Permits multiple grants for modernization of housing projects under the mutual help homeownership opportunity program. Requires annual payments to municipalities providing roads, water supply and sewage facilities, and electrical and fuel distribution systems under an Interdepartmental Agreement on Indian Housing.
Authorizes appropriations for FY 1993 and 1994 for public and Indian housing early childhood development services under the Housing and Urban-Rural Recovery Act of 1983 and the Cranston-Gonzales National Affordable Housing Act. Authorizes appropriations under the latter Act for the public one-stop perinatal services demonstration program.
Amends the Anti-Drug Abuse Act of 1988 to set aside certain funds for public housing youth sports programs. Directs the Secretary to provide funds for the Success Through Academic and Recreational Support program for at-risk children of Fort Myers, Florida.
Amends the Department of Housing and Urban Development Reform Act of 1989 to terminate and require a General Accounting Office audit of the National Commission on Distressed Public Housing. Extends through FY 1993 the authorization of appropriations for the National Commission on American Indian, Alaska Native, and Native Hawaiian Housing.
Amends the Housing and Community Development Amendments of 1981 with respect to rental assistance fraud recoveries.
Amends the Cranston-Gonzales National Housing Act with respect to project-based accounting for public housing agencies with specified numbers of housing units.
Directs the Secretary to authorize the Delaware State Housing Authority to: (1) sell its scattered-site public housing under certain provisions of the United States Housing Act of 1937; and (2) use the proceeds to buy replacement scattered-site dwellings.
Directs the Secretary to carry out a program to facilitate self-sufficiency and homeownership of single-family homes administered by the Housing Authority of Omaha, Nebraska.
Subtitle C: Section 8 Assistance
- Amends the United States Housing Act of 1937 with respect to the eligibility of low-income families to receive rental assistance under the certificate and voucher program pursuant to the Low-Income Housing Preservation and Resident Homeownership Act of 1990.
Directs the Secretary to make additional adjustments to rental assistance contracts to reflect increases in expenses of owning and maintaining units resulting from the expiration of a real property tax exemption.
Permits the termination of such contracts for business reasons.
Provides for preferences in the certificate and voucher programs for veterans with disabilities that prevent the use of a home.
Provides for the termination of public housing tenancy for any criminal activity threatening the health, safety, or right to peaceful enjoyment of neighbors.
Distinguishes project-based assistance from tenant-based assistance.
Requires a family applying for low-income housing assistance to a public housing agency in whose jurisdiction it does not live to use such assistance, within 12 months of receiving any tenant-based assistance, to rent an eligible dwelling unit within that jurisdiction.
Increases the budget authority for the family unification assistance program for FY 1994.
Directs the Secretary to issue final regulations implementing amendments to the Cranston-Gonzales National Affordable Housing Act with respect to: (1) the project-based certificate program; and (2) income eligibility for Section 8 new construction units. Declares that a specified section of such Act relating to Section 8 assistance for public housing agency-owned units shall be effective notwithstanding the absence of any regulations issued by the Secretary.
Directs the Secretary to carry out a demonstration program to provide tenant-based assistance to assist very low-income families with children who reside in public housing or housing receiving project-based assistance to move out of areas with high concentrations of people in poverty to areas of low poverty concentration (Moving to Opportunity for Fair Housing Program).
Directs the Secretary to evaluate and report to the Congress on progress in furthering fair housing objectives under the certificate and voucher programs.
Amends the Housing and Community Development Act of 1974 to allow 500 low-rent housing assistance (section 8) certificates earmarked for use in the Park Central New Town in Town project (in Port Arthur, Texas) to be available for use generally in Jefferson County, Texas.
Deems to have been conducted pursuant to a certain agreement with the Secretary any rehabilitation activities of the Committee for Dignity and Fairness for the Homeless Housing Development, Inc. in connection with 46 Philadelphia, Pennsylvania, dwelling units renovated for permanent housing for the homeless.
Subtitle D: Other Programs
- Amends the Anti-Drug Abuse Act of 1988 to extend the authorization of appropriations for drug elimination grants to public and assisted housing through FY 1994.
Amends the Housing and Urban Development Act of 1968 to: (1) extend through FY 1994 the authorization of appropriations for housing and emergency homeownership counseling services and the prepurchase and foreclosure-prevention counseling demonstration program; and (2) provide for homeownership and rental counselor training and certification programs.
Amends the Stewart B. McKinney Homeless Assistance Amendments Act of 1988 to require the Secretary to make available to the pertinent State or local housing finance agency 50 percent of any amounts recaptured from a project in its jurisdiction. Limits the use of such funds to provision of decent, safe, and sanitary housing affordable for very low-income families and persons.
Amends the Cranston-Gonzales National Affordable Housing Act to authorize the Secretary to make planning and implementation grants for developing and carrying out Youthbuild programs which provide disadvantaged young adults with education, employment skills, and opportunities for meaningful work in helping to meet the housing needs of homeless individuals and members of low- and very low-income families. Prescribes requirements for residential rental housing projects receiving Youthbuild assistance.
Directs the Secretary to extend until September 30, 1993, the deadline for commencement of construction for the assistance application for a specified project.
Subtitle E: Homeownership Program
- Amends the Cranston-Gonzales National Affordable Housing Act to authorize FY 1993 and 1994 appropriations for the Homeownership and Opportunity for People Everywhere (HOPE) programs. Directs the Secretary to reduce the fund matching requirement for HOPE I (public and Indian housing) homeownership programs according to a specified formula. Makes mutual housing associations eligible to apply for HOPE II grants (for homeownership of multifamily units). Gives families residing in public or Indian housing preference for acquisition of vacant units under the HOPE III program (homeownership of single family homes). Transfers scattered site public and Indian housing to the HOPE I and III programs.
Extends the authorization of appropriations for the National Homeownership Trust through FY 1994. Requires the Trust assist first-time homebuyers with interest rate buy-downs and down payment assistance, but only with respect to mortgages financed with the mortgage revenue bonds. Makes first-time homebuyers eligible for such assistance for manufactured homes and second mortgages.
Amends the Housing and Community Development Act of 1987 with respect to Nehemiah Housing Opportunity grants to allow a nonprofit organization to provide for distribution to the seller or transferor of any proceeds remaining after repayment of the first mortgage upon the sale or transfer of any property purchased with a loan under the grant program.
Authorizes the Secretary to guarantee up to 100 percent of the unpaid principal and interest due on any eligible loan made to an Indian family or Indian housing authority. Establishes an Indian Housing Loan Guarantee Fund to provide such guarantees, and authorizes appropriations. Requires the Secretary to establish safety and quality standards for housing acquired with loans guaranteed under the program.
Amends the United States Housing Act of 1937 to allow a family receiving section 8 tenant-based assistance to receive assistance for occupancy of a dwelling owned by one or more family members if the family is a first-time homeowner and meets self-sufficiency or employment and other requirements.
Authorizes the Secretary to provide grants to nonprofit organizations to carry out enterprise zone homeownership opportunity programs meeting specified criteria. Authorizes appropriations.
Subtitle F: Implementation
- Directs the Secretary to issue final regulations implementing this title within 180 days after its enactment.
Title II: Home Investment Partnerships
- Amends the Cranston-Gonzales National Affordable Housing Act to authorize appropriations through FY 1994 for the Home Investment Partnership program. Provides for lower eligibility thresholds and allocations for participating jurisdictions in the event of overall appropriations below a certain amount. Repeals certain restrictions on funds for new construction. Allows a jurisdiction to use tenant-based assistance funds to provide loans or grants to very low- and low-income families for rental security deposits. Makes permanent housing for disabled homeless persons, transitional housing, and single room occupancy housing eligible for affordable housing assistance funds. States that, for multifamily housing, the cost limits shall not be less than certain per unit dollar amounts limitations set under the National Housing Act, with specified geographical adjustments.
Permits participating jurisdictions to: (1) use HOME Investment Trust Fund money to pay up to ten percent of administrative costs and up to five percent for operating expenses of community housing development organizations; and (2) establish homeownership resale restrictions (as long as prices may allow for recapture of the investment under the program except were there are little or no net proceeds).
Reduces participating jurisdiction matching requirements under the program. Allows jurisdiction contributions to take the form of State or local bond proceeds, as well as the reasonable value of any site-preparation and construction materials and any donated or voluntary labor. Requires the Secretary to reduce such matching requirements by 50 percent if the jurisdiction is in fiscal distress and by 100 percent if it is in severe fiscal distress.
Reserves certain funds for assistance for insular areas.
Extends from 18 to 24 months the length of time funds are available to a participating jurisdiction for investment only in housing to be developed, sponsored, or owned by community housing development organizations. Allows the use of up to 20 percent of such funds to develop the capacity of existing organizations if the jurisdiction cannot identify a sufficient number of capable ones.
Authorizes the Secretary to provide: (1) education and organizational support assistance to community land trusts (community housing development organizations not sponsored by a for-profit organization that acquires land and transfers ownership of any improvements on it to the long-term ground-lessees); and (2) technical assistance to businesses, unions, and organizations involved in construction and rehabilitation of housing in low- and moderate-income areas to assist women residing in such areas to obtain jobs in such activities.
Directs the Secretary to provide capacity development assistance to facilitate establishment of efficient operation of land bank programs, under which title to vacant and abandoned real estate located in or causing blighted neighborhoods is cleared for specified uses.
Directs the Secretary to make available a model program for projects using cost-saving innovative building technology and construction techniques to provide cost-saving housing opportunities.
Prohibits the Secretary from requiring a community housing development organization serving more than one county to include low-income persons from each county on its governing board.
Makes eligible for programs under the Cranston-Gonzales National Affordable Housing Act elder cottage housing opportunity (ECHO) units that meet certain criteria.
Declares that an individual shall not be barred from consideration as a first-time homebuyer on the basis that the individual's home is manufactured and not permanently fixed to a foundation, nor able to be brought into compliance with State, local, or model building codes for less than the cost of constructing a permanent structure.
Requires a participating jurisdiction's housing strategy to describe: (1) the nature and extent of its rural homelessness; and (2) for FY 1994 and thereafter, its goals, programs, and policies for reducing the number of households with incomes below the poverty line.
Allows the use of a HOME Investment Trust Fund for investing in affordable housing within the boundaries of contiguous jurisdictions in joint projects serving residents of both jurisdictions.
Title III: Preservation of Low-Income Housing - Subtitle A: Prepayment of Mortgages Insured Under National Housing Act
- Amends the Housing and Community Development Act of 1987 to authorize appropriations for FY 1993 and 1994 for the prepayment of mortgages insured under the National Housing Act.
Revises requirements for: (1) second notices of an owner's intent to transfer eligible low-income housing to a qualified purchaser; (2) supporting documentation for plans for action either to terminate or extend low-income affordability restrictions or transfer low-income housing to a qualified purchaser; (3) approval of plans of action to terminate low-income affordability restrictions; (4) receipt of incentives to extend low-income use of housing; and (5) other related features of the prepayment program.
Directs the Secretary to provide, through specified intermediaries, direct assistance resident capacity and predevelopment grants to resident organizations and community-based nonprofit housing developers and resident councils to assist the acquisition of specific low-income housing projects.
Prohibits the Secretary from requiring, as a condition of eligibility for technical assistance under the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act of 1992, that an applicant participate in a HUD-sponsored training program for acquisition of eligible low-income housing under the Emergency Low Income Housing Preservation Act of 1987; but allows the Secretary to make such a requirement for participation in such a training program under this title, as well as to award assistance preferences or priorities to such participants, so long as the program is made available nationwide by March 1, 1993.
Amends the National Housing Act, with regard to insured equity and acquisition loans to owners or purchasers of eligible low-income housing who agree to extend affordability restrictions, to: (1) set a maximum 40-year term for such equity loans and a minimum 40-year term for such acquisition loans; and (2) require renegotiation of such an equity loan, upon the project owner's request, if it was made within a certain time period before and after enactment of this Act, and meets certain plan of action requirements.
Directs the Secretary to study and report to the Congress on housing projects assisted under the flexible subsidy program.
Subtitle B: Other Preservation Provisions
- Amends the National Housing Act to make public mortgagors eligible for mortgage insurance for rental and cooperative housing for lower income families.
Title IV: Multifamily Housing Planning and Investment Strategies
- Requires the owner of each covered multifamily housing property, and the owner of each covered multifamily housing property for the elderly, to submit to the Secretary and the State housing finance agency, after review and comments by the residents, a comprehensive needs assessment of such property.
Requires the Secretary to conduct annual comprehensive reviews of, and report to the Congress on, funding levels, geographic targeting of resources, and local housing markets with respect to covered multifamily housing properties for the elderly.
Amends the Housing and Community Development Amendments of 1978 to add new requirements for assistance to troubled multifamily housing projects, including: (1) all reasonable attempts possible to provide suitable housing for project residents; (2) a feasible plan to involve residents in project decisions; (3) an affirmative fair housing marketing plan meeting applicable requirements; and (4) owner certification of compliance with all equal opportunity statutes.
Repeals priority requirements for the award of capital improvement assistance.
Specifies new criteria for the selection of troubled multifamily housing for assistance.
Authorizes the Secretary to require owners receiving capital improvement assistance to retain the housing involved as housing affordable for very low-income families or persons, low-income families or persons, and moderate-income families or persons for the housing's remaining useful life.
Authorizes appropriations and use of Rental Assistance Fund amounts for FY 1993 and 1994 for the flexible subsidy program. Declares that, under such program, the owner's management-improvement-and-operating plan shall be deemed approved if the Secretary has not given notice of approval or disapproval within 30 days after its submission.
Requires the Secretary's annual capacity study to assess HUD's ability to respond to areas identified by the Office of the Inspector General as "material weaknesses."
Title V: Mortgage Insurance and Secondary Mortgage Market - Subtitle A: FHA Mortgage Insurance Programs
- Amends the National Housing Act to set forth the aggregate principal amount of commitments to insure mortgages during FY 1993 and 1994 (reduced from FY 1991 and 1992 levels).
Terminates the Federal Housing Administration Advisory Board on January 1, 1995.
Revises the maximum amount of any mortgage the Secretary may insure, substituting formulae involving percentages for the current dollar amounts listed. Revises the formula for the appraised value of eligible condominium property and eligible single family property under the Federal Home Loan Bank Act and the Federal Deposit Insurance Act affordable housing programs.
Directs the Comptroller General to evaluate and report to the Congress on the methodology used to establish the annual conforming loan limits for the secondary market as well as the loan limits adjustments used under the single family mortgage insurance program.
Amends the National Housing Act to require the Secretary to report annually to the Congress on the single family mortgage insurance program.
Prohibits the Secretary from insuring a first-time buyer's mortgage whose principal amount exceeds 97 percent of the property's appraised value unless the mortgagor has completed an approved program of counseling on homeownership responsibilities and financial management.
Authorizes the Secretary to decrease insurance premium charges.
Sets a six-year limitation on the distribution of Participating Reserve Account shares after termination of an insurance obligation, unless the mortgagor has applied according to certain procedures.
Revises mortgage limits for multifamily projects.
Prohibits the Secretary from reducing the amount of a multifamily project operating loss loan to be insured solely to reflect any amounts placed in escrow for initial operating deficits.
Makes assisted living facilities that meet criteria eligible for mortgage insurance.
Directs the Secretary to establish an expedited procedure for insuring loans and mortgages to be used to purchase multifamily residential property from the RTC.
Directs the Secretary to establish an energy efficient mortgage pilot program in five States, to promote the purchase of existing energy efficient residential buildings and the installation of cost-effective improvements in other existing residential buildings.
Requires the Secretary to study and report to the Congress on home and builder's warranties and protection plans regarding the construction of, and materials used in, one- to four-family dwellings subject to insured mortgages.
Authorizes the Secretary to make expenditures to correct defects in condominium units for which mortgage insurance was approved before construction.
Revises debenture requirements with respect to the payment of mortgage insurance claims, including those for rental housing, rehabilitation and neighborhood conservation housing, and housing for moderate-income and displaced families.
Makes technical amendments to the Multifamily Mortgage Foreclosure Act of 1981.
Amends the National Housing Act to set one year as the maximum length of time the Mortgage Review Board may suspend a mortgagee's approval, renewable for an additional six months if in the public interest.
Exempts from a creditor's authority to accelerate the outstanding balance of an open end consumer credit plan any insured home equity conversion mortgage for an elderly homeowner.
Subtitle B: Secondary Mortgage Market Programs
- Amends the Federal National Mortgage Association Charter Act to: (1) limit the aggregate amount of Government National Mortgage Association (GNMA) guarantee commitments for FY 1993 and 1994; and (2) authorize appropriations to cover the costs of such commitments.
Authorizes GNMA to make hardship interest payments on behalf of mortgagors in the military service if: (1) Federal law requires the reduction of the interest rate on any GNMA-mortgage backing a GNMA-guaranteed security; and (2) the security issuer fails to receive full payment from such mortgagor.
Subtitle C: Improvement of Financing for Multifamily Housing
- Multifamily Housing Finance Improvement Act - Directs the Secretary to carry out: (1) through the Federal Housing Administration (FHA) a pilot program to provide for risk sharing related to mortgages on multifamily housing; and (2) a specific pilot program in conjunction with qualified housing finance agencies to test the effectiveness of Federal credit enhancement for loans for affordable multifamily housing through a system of risk-sharing agreements with such agencies.
Requires the Federal National Mortgage Association (Fannie Mae) and the Federal Home Loan Mortgage Corporation (Freddie Mac), separately, to make independent assessments (with reports to the Secretary and the Congress) of alternative methods for achieving the purposes of such multifamily mortgage credit demonstrations.
Establishes a National Interagency Task Force to develop recommendations for setting up a national database on multifamily housing loans. Authorizes appropriations.
Title VI: Housing for Elderly Persons and Persons with Disabilities - Subtitle A: Supportive Housing Programs
- Authorizes appropriations for FY 1993 and 1994 for supportive housing for the elderly and for persons with disabilities.
Amends the Housing Act of 1979, as amended by the Cranston-Gonzales National Affordable Housing Act, with respect to supportive housing for the elderly, to: (1) repeal the requirement for State and local certification of services; (2) reserve funds for the elder cottage demonstration program; and (3) direct the Secretary to authorize the owner of an assisted project to use residual receipts in excess of a certain amount for specified activities and services.
Amends the Cranston-Gonzales National Affordable Housing Act with respect to the revised congregate housing services program to: (1) authorize appropriations for FY 1993 and 1994; and (2) increase from three to six years the period of time a local government or nonprofit housing sponsor shall not be required to provide supplemental contributions.
Revises the Hope for Elderly Independence program with respect to FY 1993 and 1994 to: (1) increase budget authority for Section 8 funding; (2) authorize appropriations for supportive services; and (3) grant the Secretary discretion on when to begin the five-year demonstration period.
Authorizes FY 1993 and 1994 appropriations and revises grant eligibility and allocation, short term supported housing and services, and rental assistance requirements for the Housing Opportunities for Persons with AIDS program.
Subtitle B: Authority for Public Housing Agencies to Provide Designated Public Housing and Assistance for Disabled Families
- Amends the United States Housing Act of 1937 to replace the current congregate housing program for displaced or elderly families with a designated housing program (which may include congregate housing along with other kinds among the options) for: (1) only elderly families; (2) only disabled families; or (3) elderly and disabled families.
Amends the Cranston-Gonzales National Affordable Housing Act to authorize the Secretary to provide tenant-based rental assistance under the program for supportive housing for persons with disabilities.
Amends the United States Housing Act of 1937 to direct the Secretary to set aside specified portions of FY 1993 and 1994: (1) major reconstruction funds for the reconfiguration of projects for disabled families; and (2) new construction funds for housing designed for disabled families and single persons.
Exempts Indian public housing from the provisions of this subtitle.
Subtitle C: Standards and Obligations of Residency in Federally Assisted Housing
- Directs the Secretary to require owners of federally assisted housing, as a condition of receiving housing assistance, to comply with the procedures and requirements established under this subtitle, particularly those for selecting tenants.
Requires the Secretary to establish a task force to review HUD policy on the standards and obligations governing residency in federally assisted housing and recommend criteria for occupancy.
Directs the Secretary, after considering such recommendations, to establish such criteria by regulation.
Directs the Secretary to provide for inclusion on occupancy applications of information on family, friends, or social, health, or advocacy organizations, which the housing owner may be required to keep for facilitating assistance in providing any services or special care needed.
Subtitle D: Authority to Provide Preferences for Elderly Residents and Units for Disabled Residents in Certain Section 8 Assisted Housing
- Requires an owner of a section 8 housing project designed primarily for occupancy by elderly families to reserve a certain number of units for occupancy only by: (1) disabled families who are not elderly or near-elderly; and, in certain circumstances, (2) disabled near-elderly families. Provides for preferences within groups.
Prohibits evictions of lawfully residing tenants because of such reservations or preferences.
Provides for treatment of covered housing not subject to elderly preference and of other federally assisted housing.
Directs the Secretary to study and report to the Congress on the extent to which Federal housing programs serve elderly families, disabled families, and families with children, in relation to the need of such families who are eligible for assistance under such programs.
Subtitle E: Service Coordinators for Elderly and Disabled Residents of Federally Assisted Housing
- Directs the Secretary to require owners of covered federally-assisted housing projects to provide for the services of one or more individuals to coordinate supportive services for elderly and disabled residents.
Amends the Cranston-Gonzales National Affordable Housing Act to require such coordinators to be trained in the aging process, elder services, disability services, Federal and State entitlement programs, and specified issues.
Amends the United States Housing Act of 1937 to authorize increased budget authority for FY 1993 and 1994 to cover the cost of providing such coordinators.
Authorizes the Secretary to make grants for the costs of providing such coordinators in multifamily housing assisted under the National Housing Act.
Amends the Cranston-Gonzales National Affordable Housing Act to provide for payment of costs associated with the expanded responsibilities of service coordinators in supportive housing for the elderly.
Subtitle F: General Provisions
- Amends the Cranston-Gonzales National Affordable Housing Act to require any comprehensive housing affordability strategy to describe a jurisdiction's: (1) need for assistance for persons with disabilities; and (2) activities to enhance coordination between public and assisted housing providers and private and governmental health, mental health, and service agencies.
Directs the Secretary to issue regulations necessary to carry out subtitles B through F of this title.
Title VII: Rural Housing
- Amends the Housing Act of 1949 to extend for FY 1993 and 1994 the authorization of appropriations and loan guarantee and contract authority for specified rural housing programs.
Permits the making of loans for the purchase of dwellings located on land owned by a community land trust.
Increases the income ceiling for borrowers under guaranteed rural housing loans from the median income of an area to 115 percent of the median income of an area.
Includes tribal allotted or Indian trust land in remote rural area loan requirements.
Makes permanent the Secretary's authority to designate targeted underserved areas. Requires such areas for each fiscal year to include at least five counties or communities containing tribal allotted or Indian trust land.
Repeals the requirement that colonias be so designated by the State or county in which they are located.
Directs the Secretary to carry out a rural housing voucher program to assist very-low income families and persons to reside in rural rental housing.
Revises the rental housing loan program, adding specified prohibitions.
Permits a partnership whose general partner is a nonprofit entity or the nonprofit entity's for-profit subsidiary to receive funds set aside to sponsor a project receiving low-income housing tax credits.
Converts housing rehabilitation program grants to housing preservation grants. Permits the use of loans and grants to replace existing single family housing determined impractical to repair or rehabilitate.
Establishes within the Farmers Home Administration an Office of Rental Housing Preservation to provide technical and financial assistance to projects for the preservation of rural rental housing.
Prohibits the transfer of any rural housing program to the Rural Development Administration.
Authorizes the Secretary to make grants to nonprofit housing agencies to establish revolving funds for the acquisition and preparation of building sites for low-income housing.
Extends through June 15, 1993, the authority for reciprocity in approval of housing subdivisions among Federal agencies.
Title VIII: Community Development - Subtitle A: Community Development Block Grants
- Amends the Housing and Community Development Act of 1974 to authorize appropriations through FY 1994 for grants and loan guarantees for community development programs.
Qualifies certain Trident Defense Impact Areas as urban counties under such Act.
Directs the Secretary to implement an ongoing education and training program for HUD officers and employees, especially those in area and field offices, involved in economic development.
Directs the Secretary to establish guidelines to assist grant recipients to evaluate and select economic development projects for grant assistance. Requires the Comptroller General to valuate and report to the Congress on the use of such grants.
Specifies: (1) new activities eligible for such assistance; and (2) factors the Secretary must consider or ignore in developing microenterprise and small business program requirements.
Revises certain requirements for community development plans with respect to priority nonhousing needs.
Subtitle B: Other Community Development Programs
- Amends the Neighborhood Reinvestment Corporation Act to extend the authorization of appropriations through FY 1994.
Amends the Housing and Urban-Rural Recovery Act of 1983 to: (1) rename the Neighborhood Development Program as the John Heinz Neighborhood Development Program; and (2) revise eligibility and coordination requirements.
Directs the Secretary, through the Assistant Secretary for Policy Development and Research, to study and report to the Congress on housing technology research.
Amends the Housing and Community Development Act of 1987 with respect to the designation of enterprise zones.
Subtitle C: Miscellaneous Programs
- Community Outreach Partnership Act of 1992 - Directs the Secretary to: (1) carry out a demonstration grant program to facilitate linkages between institutions of higher education and local communities in solving urban problems; and (2) establish a related national advisory council and a national clearinghouse. Authorizes appropriations.
Directs the Secretary to establish a demonstration program to determine the feasibility of assisting State and local governments to develop methods, using contemporary computer technology, to: (1) monitor, inventory, and maintain current listings of their community development needs; and (2) coordinate strategies within States for meeting them. Requires the Secretary to develop an integrated database system and computer mapping tool to achieve these ends. Authorizes appropriations.
Community Investment Corporation Demonstration Act - Directs the Secretary to make capital assistance (as well as development services and technical assistance) grants and loans to eligible organizations to support specified activities that facilitate revitalization of targeted geographic areas or that provide economic opportunities for low-income persons. Requires the Secretary to establish an ongoing staff training program with respect to such activities. Authorizes appropriations.
Earmarks certain funds under the Housing and Community Development Act of 1974 for: (1) a nonprofit community-based public benefit corporation created in response to the civil disturbances in Los Angeles of April 29 through May 6, 1992; and (2) a nonprofit public benefit corporation established by the Mayor of Los Angeles and the Governor of California. Specifies the uses of such funds.
Title IX: Regulatory and Miscellaneous Programs - Subtitle A: Miscellaneous
- Amends the Housing and Urban Development Act of 1970 to authorize appropriations through FY 1994 for HUD research and development.
Amends the Department of Housing and Urban Development Act to declare that the Special Assistant for Indian and Alaska Native Programs shall be appointed based solely on merit and covered by Federal law governing appointments in the competitive service. Requires the Special Assistant to administer or coordinate all HUD programs relating to Indian and Alaska Native housing and community development.
Requires the Secretary to reduce the interest rate on any mortgage the Secretary holds if that is necessary to avoid foreclosure.
Amends the Stewart B. McKinney Homeless Assistance Amendments Act of 1988 to prohibit HUD from requiring or requesting any program applicant or participant to consent to release of information by third parties as a condition of eligibility unless certain procedures are followed.
Amends the Housing and Community Development Act of 1974 and the National Housing Act with respect to the National Institute of Building Sciences.
Amends the Housing and Community Development Act of 1987 to direct the Secretary, through contracts with private nonprofit fair housing enforcement organizations, to: (1) conduct housing discrimination investigations; and (2) establish or support national, regional, and local education and outreach programs.
Amends the Cranston-Gonzales National Affordable Housing Act to authorize appropriations through FY 1993 for the National Commission on Manufactured Housing.
Amends the Housing and Community Development Act of 1974 to direct the Secretary to develop a new standard for hardboard panel siding on manufactured housing.
Amends the Real Estate Settlement Procedures Act of 1974 with respect to mortgage origination, second mortgages, and refinancing.
Amends the Community Reinvestment Act of 1977 with respect to assessing the record of nonminority-owned and nonwomen-owned financial institutions in cooperating with minority-owned and women-owned financial institutions and low-income credit unions.
Directs the Federal Reserve Board to submit a report to the Congress comparing residential, small business, and commercial lending by insured depository institutions in low-income, minority, and distressed neighborhoods to such lending in other neighborhoods.
Directs the Secretary to establish guidelines for housing credit agencies to implement certain subsidy layering review requirements for projects receiving certain assistance within HUD jurisdiction and under the low-income housing credit provisions of the Internal Revenue Code.
Directs the Secretary to establish within HUD the Solar Assistance Financing Entity to assist in financing solar and renewable energy capital investments and projects for eligible buildings.
Makes technical and conforming amendments to the Cranston-Gonzales National Affordable Housing Act with respect to labor wage rates under housing programs. Provides for a uniform mortgage marketing plan for mortgages that provide financing incentives to make energy efficiency improvements in existing homes by incorporating the cost of such improvements in the mortgage (energy efficient mortgages).
Amends the Housing and Urban Development Act of 1968 with respect to training and employment opportunities for low- and very low-income persons in the public and Indian housing program. Directs the Secretary to study and report to the Congress on the program's effectiveness.
Authorizes FY 1993 and 1994 appropriations for a certain nonprofit organization in existence since 1975 that provides training, technical assistance, and information to Indian housing authorities, Indian tribal governments, and other groups.
Directs the Secretary to study and report to the Congress on alternatives to foreclosure for homeowners whose principal residences are subject to federally-related mortgages under which the homeowner is in default.
Directs the Secretary to define "significant facilities and services especially designed to meet the physical or social needs of older persons" with respect to housing for older persons under the Fair Housing Act.
Prohibits the fraudulent use of "Made in America" labels. Requires the Secretaries of HUD and of Agriculture to report to the Congress on procurements of foreign-made products.
Amends the Housing and Urban Development Act of 1970 with respect to increased coordination of Federal programs promoting job opportunities and skills, affordable housing, public safety, access to health care, educational opportunities, and fiscal soundness for urban communities and their residents.
Amends the Department of Housing and Urban Development Act to prohibit the Secretary from making lump-sum payments to any displaced residential tenant, except where necessary to cover moving expenses, a down payment on the purchase of a replacement residence, and any related incidental expenses.
Directs the Secretary of HUD to implement immediately the low-income family economic independence provisions of the Cranston-Gonzales National Affordable Housing Act.
Requires the Secretary of HUD to cancel the indebtedness of McLain, Mississippi, relating to a specified public facilities loan.
Authorizes the Secretary of HUD to establish performance goals for major HUD programs in order to measure progress towards meeting national housing policy objectives.
Declares that tenants who are responsible for making out-of-pocket payments for utility bills, and receive energy assistance through utility allowances that include energy costs under certain programs, shall not have reduced or eliminated their eligibility or benefits under other programs designed to assist low-income people with increases in energy costs since 1978. Requires such tenants to be treated identically with other households eligible for such assistance.
Amends the National Flood Insurance Act of 1968 to provide for flood insurance at premium rates not exceeding special flood hazard rates to properties impacted by the disaccreditation of a flood protection system in a community restoring flood protection afforded by a system previously accredited as providing 100-year frequency flood protection but which no longer does so.
Amends the Department of Housing and Urban Development Act to authorize FY 1993 and 1994 appropriations for HUD salaries and expenses.
Directs the Secretary of HUD to make grants to expand the National Cities in Schools Community Development Program and operations of the National Center for Partnership Development with respect to dropout prevention programs. Authorizes appropriations.
Amends the Federal Deposit Insurance Act, as amended by the Bank Enterprise Act of 1991, to: (1) repeal the current assessment rate for lifeline account deposits and authorize the Federal Deposit Insurance Corporation (FDIC) to determine such rate; (2) revise requirements for activities qualifying for assessment credits, and the formula for the amount of such credits; and (3) revise the eligibility requirements for qualified distressed communities.
Amends the Home Mortgage Disclosure Act of 1975 to require certain depository institutions to make public disclosures, upon request, of loan application register information.
Requires a creditor to refund promptly any unearned portion of the interest charge to any consumer prepaying in full the financed amount under any consumer credit transaction, including any prepayment made in connection with the refinancing, consolidation, or restructuring of the transaction, or any acceleration of the repayment obligation. Requires the creditor to compute the refund for any recomputed transaction of a term exceeding 61 months on the basis of a method at least as favorable to the consumer as the actuarial method (thus prohibiting the "rule of 78's").
Subtitle B: Bank Regulatory Clarification Provisions
- Amends the Real Estate Settlement Procedures Act of 1974 to require lenders to give or mail estimates of real estate settlement costs to applicants within three business days after the application is received (currently, when the application is received or prepared), unless it is denied within such period.
Amends the Competitive Equality Banking Act of 1987 to limit the meaning of adjustable rate mortgage loan to any consumer loan (currently, any loan) secured by a lien on a one- to four-unit dwelling unit.
Amends the Home Owners' Loan Act to revise the separate capitalization rule for savings associations' subsidiaries engaged in activities not permissible for national banks.
Amends the Financial Institution Reform, Recovery, and Enforcement Act of 1989 to authorize each Federal financial institutions regulatory agency and the Resolution Trust Corporation (RTC) to establish a threshold level at or below which a certified or licensed appraiser is not required to perform appraisals in connection with federally related transactions, if such threshold level does not threaten the safety and soundness of financial institutions. Requires the Comptroller General to study and report to the Federal financial institutions regulatory agencies and specified congressional committees on the adequacy and quality of appraisals or evaluations conducted in connection with real estate related financial transactions below the threshold level established.
Amends the Federal Reserve Act to: (1) authorize the Federal Reserve Board to make exceptions to extension of credit rules for insider lending transactions which pose minimal risk; and (2) define principal shareholder with respect to insider lending.
Amends the Federal Deposit Insurance Act with respect to standards for compensation of directors, officers, and employees of insured depository institutions.
Amends the Truth in Savings Act to exempt from certain disclosure requirements any on-premises display of interest rate signs meeting certain standards.
Title X: Residential Lead-based Paint Hazard Reduction Act of 1992
Subtitle A: Lead-based Paint Hazard Reduction
- Authorizes the Secretary to provide matching grants to States and local entities for lead-based paint hazard reduction activities in priority housing that is not federally assisted, federally owned, or public housing. Authorizes appropriations, including a technical assistance set-aside.
Amends the Lead-Based Paint Poisoning Prevention Act, the National Housing Act, and other specified Federal housing Acts to require assessments of lead-based paint hazards in federally assisted housing.
Amends the Lead-Based Paint Poisoning Prevention Act to require the: (1) inspection and abatement of lead-based paint hazards in all pre-1960 federally owned target housing; and (2) inspection for lead-based paint and paint hazards in all federally owned target housing built between 1960 and 1978, the results to be made available to prospective buyers.
Amends the Cranston-Gonzales National Affordable Housing Act to require a housing agency when devising its comprehensive housing affordability strategy to estimate the number of housing units occupied by low-income and very low-income families that contain lead-based paint hazards, and outline actions to evaluate and reduce them.
Directs the Secretary to establish a task force on lead-based paint hazard reduction and financing with respect to private housing.
Directs the Secretary to issue guidelines for federally supported work involving risk assessments, inspections, interim controls, and abatement of lead-based paint hazards.
Requires the Secretary and the Administrator of the Environmental Protection Agency to promulgate regulations for the disclosure of lead-based paint hazards in target housing offered for sale or lease. Prescribes the contents of lead warning statements. Sets forth a civil penalty for violations of such disclosure requirement.
Subtitle B: Evaluation and Reduction Infrastructure
- Lead-Based Paint Exposure Reduction Act - Amends the Toxic Substances Control Act to require the Federal assessment and reduction of lead-based paint hazards be conducted by properly trained and federally certified contractors and laboratories. Provides for approval of similar State programs.
Directs the Administrator of the Environmental Protection Agency to conduct a comprehensive program to promote safe, effective, and affordable monitoring, detection, and abatement of lead-based paint and other lead exposure hazards. Requires a joint study of the sources of lead exposure in children with elevated blood lead levels by the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control, and the Director of the National Institute of Environmental Health Studies.
Directs the Secretary to: (1) establish a National Clearinghouse on Childhood Lead Poisoning; and (2) publish, with periodic revisions, a lead hazard information pamphlet.
Subjects to all Federal, State, and local requirements, substantial and procedural, with respect to lead-based paint, activities and hazards any Federal agency or instrumentality (including those in the legislative and judicial branches) which has jurisdiction over any property or facility or is engaged in any activity which may result in a lead-based paint hazard.
Prohibits any failure or refusal to comply with this title.
Subtitle C: Worker Protection
- Directs the Secretary of Labor to issue an interim final regulation with respect to occupational exposure to lead in the construction industry.
Amends the Occupational Safety and Health Act of 1970 (OSHA) to authorize the National Institute of Occupational Safety and Health (NIOSH) to make grants for the training and education of workers and supervisors who are or may be directly engaged in lead-based paint activities. Authorizes appropriations.
Subtitle D: Research and Development - Part 1: HUD Research
- Directs the Secretary to conduct research on: (1) lead exposure from non-paint sources such as exterior soil and interior lead dust; and (2) lead testing technologies. Sets aside funds for such activities.
Part 2: GAO Report
- Directs the General Accounting Office to: (1) assess the availability of liability insurance for owners of residential housing that contains lead-based paint and persons engaged in assessment and reduction activities; and (2) assess Federal enforcement activities.
Subtitle E: Reports
- Sets forth reporting requirements.
Title XI: New Towns Demonstration Program for Emergency Relief of Los Angeles
- Authorizes the Secretary of HUD to make assistance available under this title to local governments, governing boards, and eligible mortgagors in order to provide for revitalization of inner city neighborhoods in areas of Los Angeles, California, damaged by the civil disturbances of April and May, 1992.
States that the Secretary may make demonstration assistance available only in connection with and according to a new town plan developed by a governing board organized for that purpose. Prescribes the characteristics required for a development demonstration area. Limits the number of demonstration programs to two.
Requires the Secretary to insure mortgages involving properties with dwelling units developed under the programs. Sets forth the terms of such mortgages and for secondary soft mortgage financing as well.
Directs the Secretary to provide community development assistance to local governments to promote job creation and economic development in connection with new town demonstration programs. Prescribes requirements for antidisplacement and relocation assistance plans local governments must develop and comply with to obtain such assistance. Authorizes appropriations.
Title XII: Removal of Regulatory Barriers to Affordable Housing
- Removal of Regulatory Barriers to Affordable Housing Act of 1992 - Authorizes the Secretary of HUD to make grants under the Housing and Community Development Act of 1974 to State and local governments to develop and implement strategies to remove regulatory barriers (statutory or administrative) to affordable housing.
Requires the Secretary to establish a clearinghouse to receive and assemble information regarding such barriers.
Title XIII: Government Sponsored Enterprises
- Federal Housing Enterprises Financial Safety and Soundness Act of 1992 - Sets forth congressional findings and definitions. Declares that this Act and the amendments it makes may not be construed: (1) as obligating the Federal Government, either directly or indirectly, to provide any funds to the Federal Home Loan Mortgage Corporation (Freddie Mac), the Federal National Mortgage Association (Fannie Mae), or the Federal Home Loan Banks, or to honor, reimburse, or otherwise guarantee any of their obligations or liabilities; or (2) as implying that any such enterprise or Bank, or any obligations or securities of such an enterprise or Bank, are backed by the full faith and credit of the United States.
Subtitle A: Supervision and Regulation of Enterprises
Part 1: Financial Safety and Soundness Regulator
- Establishes within the Department of Housing and Urban Development (HUD) the Office of Federal Housing Enterprise Oversight, managed by a presidentially appointed Director, who shall ensure that Fannie Mae and Freddie Mac (the enterprises) and their affiliates are adequately capitalized and operating safely.
Authorizes the Director to require financial reports from the enterprises in addition to quarterly and annual reports required under specified Acts.
Authorizes the Director to establish and collect from the enterprises annual assessments for the reasonable costs and expenses of the Office, including an initial assessment of $1.5 million to cover its start-up costs.
Establishes a Federal Housing Enterprises Oversight Fund for the deposit of such assessments.
Requires the Director to conduct annual on-site examinations of each enterprise to determine its condition. Authorizes other examinations as necessary. Permits contracting out to specified Federal offices or instrumentalities for examiners.
Requires the Director to prohibit the enterprises from paying any officer compensation that is not reasonable and comparable with compensation in other similar businesses involving similar duties, but prohibits the Director from prescribing or setting a specific level or range of compensation.
Permits the Director to contract with nationally recognized statistical rating organizations to conduct enterprise reviews.
Requires each enterprise to establish a minority outreach program to ensure inclusion in its contracts of minorities and women and businesses owned by them.
Requires immediate public disclosure of all final orders and agreements, except in certain circumstances.
Prohibits the Director and any former officer or employee of the Office, who was compensated at certain levels higher than GS-15 while employed by the Office, from accepting compensation from any enterprise during the two years following separation from the Office.
Requires General Accounting Office audits of the Office.
Part 2: Authority of Secretary
- Grants the Secretary of HUD, except for specified authority of the Director of the Office, general regulatory power over each enterprise. Requires the Secretary to require each enterprise to obtain the Secretary's approval for any new program before implementing it. Sets forth approval standards.
Directs the Secretary to make mortgage information (except proprietary information) submitted by the enterprises available to the public.
Requires annual reports by the Secretary to specified congressional committees, including an annual housing report aggregating and analyzing certain data.
Directs the Secretary, by regulation, to impose on the enterprises specified fair housing requirements and prohibitions.
Prohibits the public disclosure of proprietary information.
Requires the Secretary to establish specified housing goals for each enterprise, including goals for purchase of mortgages on housing for low- and moderate-income families (adjustable annually to meet unaddressed needs of such families for affordable housing), and on housing located in underserved areas (both urban and rural).
Requires the Secretary to monitor and enforce compliance with such goals, establishing guidelines, filing goal failure notices, and requiring (of noncompliant enterprises) submission of housing plans.
Authorizes the Secretary to issue cease-and-desist orders, subject to administrative hearings. Provides for judicial review of such orders by the U.S. Court of Appeals for the District of Columbia Circuit. Sets forth civil money penalties for noncompliance with housing plan requirements, ranging from $10,000 to $25,000 for each day of failure.
Requires immediate public disclosure of final orders and agreements, except in certain circumstances.
Part 3: Miscellaneous Provisions
- Amends the Department of Housing and Urban Development Act to prohibit the Secretary from merging or consolidating the Office of Federal Housing Enterprise Oversight, or any of its functions or responsibilities, with any function or program the Secretary administers.
Requires each of the enterprises to review and report to the Secretary and specified congressional committees on its underwriting guidelines, examining: (1) the extent to which they prevent or inhibit the purchase or securitization of mortgages for housing located in mixed-use, urban center, and predominantly minority neighborhoods and for housing for low- and moderate-income families; (2) the standards employed by private mortgage insurers and the extent to which they inhibit such purchases or securitizations; and (3) the implications of implementing underwriting standards that establish a downpayment requirement for mortgagors of five percent or less, allow the use of cash on hand as a downpayment source, and approve borrowers with a credit history of delinquencies if the borrower can demonstrate a satisfactory credit history for at least the 12 months ending on the date of the mortgage application.
Directs the Comptroller General, the Secretary of HUD, the Secretary of the Treasury, and the Director of the Congressional Budget Office each to study and report to specified congressional committees on the desirability and feasibility of repealing the Federal charters of Fannie Mae and Freddie Mac, eliminating any Federal sponsorship of them, and allowing them to continue to operate as fully private entities.
Subtitle B: Required Capital Levels for Enterprises and Special Enforcement Powers
- Requires the Director to establish by regulation a risk-based capital test for the enterprises. Requires such test, when applied to an enterprise, to determine the amount of regulatory capital sufficient for the enterprise to maintain positive capital during a ten-year period ("stress period") in which specified circumstances occur with respect to credit risk, interest rate risk, and new enterprise business.
Sets forth requirements for the minimum capital level and the critical capital level for each enterprise.
Requires the Director to classify the enterprises as adequately capitalized (maintaining total capital equal to or exceeding the established risk-based capital level, and core capital equal to or exceeding the established minimum capital level), undercapitalized, significantly undercapitalized, or critically undercapitalized. Authorizes the Director to lower an enterprise's capital classification upon determining that the enterprise is engaging in unapproved conduct that could result in a rapid depletion of core capital or that the value of property subject to mortgages held or securitized by the enterprise has decreased significantly. Requires the Director to determine capital classifications quarterly.
Sets forth the contents of capital restoration plans. Subjects the Director's actions to judicial review. Requires the Director to conduct an annual financial condition examination of each enterprise.
Requires undercapitalized and significantly undercapitalized enterprises to submit capital restoration plans to the Director and, after approval, carry them out. Prohibits such enterprises from making any capital distribution that would result in a lower classification. Authorizes the Director, in the event an enterprise fails to submit a substantially compliant plan or make reasonable good-faith efforts to comply with an approved plan, to: (1) reclassify an undercapitalized enterprise as significantly undercapitalized, or a significantly undercapitalized enterprise as critically undercapitalized; and (2), with respect to significantly undercapitalized enterprises, limit increases in obligations, limit or prohibit asset growth, restrict certain activities, require new capital, and (in certain circumstances) appoint a conservator.
Requires the Director to appoint a conservator for a critically undercapitalized enterprise, unless to do so would have serious adverse effects on economic conditions of national financial markets or on the financial stability of the housing finance market, and the public interest would be better served by some other enforcement action.
Requires written notification of an enterprise before any proposed discretionary enforcement action may be taken. Grants such an enterprise a 30-day period in which to respond to such a notice, although this response period may be lengthened or shortened.
Provides a procedure for the appointment of a conservator, judicial review of such appointment, and termination of a conservatorship. Specifies the powers of a conservator, and provides for errors or omissions liability protection.
Specifies the general contents of a capital restoration plan, requiring restoration of an enterprise's core capital to at least its minimum capital level and its total capital to at least its risk-based capital level.
Provides for judicial review of certain classifications or supervisory enforcement actions by the U.S. Court of Appeals for the District of Columbia Circuit.
Subtitle C: Enforcement Actions
- Sets forth general procedures for: (1) issuing temporary and permanent cease-and-desist orders against enterprises; (2) hearings; (3) judicial review; (4) civil money penalties; (5) notice after separation from service; (6) private rights of action; and (7) public disclosure of final orders and agreements.
Subtitle D: Amendments to Charter Acts of Enterprises
- Makes conforming amendments to the Federal National Mortgage Association Charter Act and the Federal Home Loan Mortgage Corporation Act.
Requires establishment of an Affordable Housing Advisory Council in each enterprise.
Subtitle E: Regulation of Federal Home Loan Bank System
- Amends the Federal Home Loan Bank Act to declare that: (1) the primary duty of the Federal Housing Finance Board is to ensure that the Federal Home Loan Banks operate in a financially safe and sound manner; (2) all Board directors shall serve on a full-time basis beginning January 1, 1994; and (3) the aggregate amount of advances permissible by the Federal Home Loan Bank System to members that are not qualified thrift lenders shall not exceed 30 percent of the System's total advances.
Declares that an otherwise qualified advance to a State housing finance agency to facilitate mortgage lending that benefits individuals and families meeting certain income requirements (with respect to mortgage revenue bonds and qualified residential rental project exempt facility bonds) need not be collateralized by a mortgage insured under the National Housing Act or otherwise, if any real estate collateral for such loan comprises single family or multifamily residential mortgages.
Requires the Federal Housing Finance Board, the Comptroller General of the United States, the Director of the Congressional Budget Office, and the Secretary to study and report to the Congress on specified aspects of the Federal Home Loan Bank System. Requires the Secretary of the Treasury and certain Federal agencies to submit opinions to the Congress to the extent that their views differ from those of the study participants.
Requires the Federal Home Loan Banks to set up a Study Committee to study and report to specified congressional committees, the Federal Housing Finance Board, and the presidents of the Federal Home Loan Banks on the same topics covered by the above study, as well as the costs and benefits of consolidating the Federal Home Loan Bank System. Requires the Board of Directors of each Federal Home Loan Bank to report to such congressional committees their evaluation of the costs and benefits of such consolidation.
Title XIV: Housing Programs Under Stewart B. McKinney Homeless Assistance Act - Subtitle A: Housing Assistance
- Stewart B. McKinney Homeless Housing Assistance Amendments Act of 1992 - Amends the McKinney Act to authorize FY 1993 appropriations for the emergency shelter grants program. Requires recipients to use homeless persons and families in constructing, renovating, and operating assisted facilities. Requires the participation of at least one homeless or formerly homeless person on a recipient's board of directors. Authorizes participant assistance to be terminated in accordance with a formal process recognizing individual rights.
Replaces the current supportive housing demonstration program and the supplemental assistance for facilities to assist the homeless program with a new supportive housing program. Authorizes the Secretary of Housing and Urban Development (Secretary) to provide project assistance for: (1) acquisition and rehabilitation; (2) new construction; (3) leasing; (4) operating costs; (5) supportive services; and (6) technical assistance.
Sets forth use restriction, assistance repayment, and prevention of undue benefits provisions.
Considers housing to be supportive housing if it is: (1) safe and sanitary and complies with State and local codes; and (2) transitional housing, permanent housing for homeless persons with disabilities, or innovative in meeting homeless persons' housing needs. States that: (1) transitional housing may exceed 24 months' duration; (2) a facility shall not be denied assistance solely because it permits homeless persons extended residence; and (3) a project may provide single-room occupancy units.
Authorizes each project to provide supportive services, including: (1) child care; (2) employment assistance; (3) health and nutrition assistance; (4) permanent housing assistance; (5) security services; and (6) assistance in obtaining other Federal, State, and local services.
Directs the Secretary and the Secretary of Health and Human Services to jointly establish guidelines for outpatient health services.
Requires: (1) recipient matching funds; (2) program participation by homeless persons; and (3) annual program reports to the Congress.
Authorizes FY 1993 appropriations for the supportive housing program. Obligates specified appropriation percentages for: (1) homeless families with children; (2) homeless persons with disabilities; and (3) supportive services.
Establishes the safe havens for homeless individuals demonstration program in order to demonstrate the feasibility of providing low-cost housing for the homeless for eligible persons unwilling or unable to participate in mental health treatment programs or to receive other supportive services.
Authorizes assistance for: (1) construction, rehabilitation, leasing, or acquisition of a structure; (2) operating costs; and (3) administrative costs (up to ten percent). Makes assistance available for up to five years with an additional five-year extension upon the Secretary's approval. Limits program assistance to $400,000 in any five-year period. Requires recipients to match program assistance with an equal amount of nonprogram funds.
Authorizes FY 1993 appropriations.
Increases budget authority for section 8 single room occupancy dwellings. Provides for program participation and employment of homeless persons. Authorizes the termination of participant assistance in accordance with a formal process recognizing individual rights.
Authorizes FY 1993 appropriations for the shelter plus care program. Obligates specified appropriation percentages for: (1) tenant-based rental assistance; (2) project-based rental assistance; (3) sponsor-based rental assistance; and (4) section 8 rehabilitation assistance for single-room occupancy dwellings.
Eliminates certain fund use restrictions. Provides for program participation and employment of homeless persons.
Consolidates certain program components and establishes a project-based rental assistance component which shall provide assistance through five-year renewable recipient-building owner contracts. Authorizes ten-year contracts under specified circumstances.
Requires a 30-day (currently ten-day) marketing period for Department of Housing and Urban Development (HUD)-acquired single family properties before they may be made available for homeless housing. Permits early disposition of up to ten percent of such properties in an area lacking safe and sanitary affordable housing.
Directs the Secretary of Agriculture to make available for lease or purchase at least ten percent of Farmers Home Administration-acquired single family properties in each fiscal year for housing for the rural homeless. Provides for program participation and employment of homeless persons.
Directs the Secretary of Agriculture to establish a rural homelessness grant program, with priority given to communities not receiving significant McKinney Act assistance. Provides for program participation by homeless persons. Requires the Secretary of Agriculture to submit a program evaluation to the Congress. Provides for 75 percent Federal cost sharing. Authorizes the termination of participant assistance in accordance with a formal process recognizing individual rights. Authorizes FY 1993 appropriations.
Amends the Cranston-Gonzalez National Affordable Housing Act to extend the homeless assistance program.
Directs the Secretary to determine and report to the Congress on the availability of National Guard facilities as overnight shelters for homeless persons and families.
Amends the Stewart B. McKinney Homeless Assistance Act to direct the Secretary of Agriculture, on a priority basis, to lease or sell Farmers Home Administration (FMHA) program and non-program inventory properties to provide transitional housing for homeless families as well as turnkey housing for transitional tenants and other eligible families. Requires recipients to use homeless persons and families in constructing, renovating, and operating assisted facilities. Requires the participation of at least one homeless or formerly homeless person on a recipient's board of directors.
Subtitle B: Interagency Council on the Homeless
- Extends: (1) the authorization of appropriations through FY 1995 for the Interagency Council on the Homeless; and (2) the Council's sunset date to October 1, 1995.
Subtitle C: Federal Emergency Management Food and Shelter Program
- Extends the authorization of appropriations through FY 1995 for the Federal emergency management food and shelter program.
Title XV: Annunzio-Wylie Anti-Money Laundering Act
- Annunzio-Wylie Anti-Money Laundering Act -
Subtitle A: Termination of Charters, Insurance, and Offices
- Amends the Federal Deposit Insurance Act and the Federal Credit Union Act to authorize the Federal Deposit Insurance Corporation and the Federal Credit Union Administration Board to accept conservatorship or receivership of an institution under their respective jurisdictions upon written notification by the Attorney General that it has been found guilty of certain money laundering offense.
Amends the Revised Statutes, the Home Owners' Loan Act, and the Federal Credit Union Act to prescribe guidelines for the revocation of depository institutions' charters and the forfeiture of their franchises upon conviction for money laundering offenses or cash transaction reporting offenses.
Amends the Federal Deposit Insurance Act and the Federal Credit Union Act to prescribe guidelines: (1) for the termination of the insured status of State depository institutions, including State chartered credit unions, convicted of money laundering or cash transaction reporting offenses; and (2) to authorize the removal of any party from office, or its suspension from participation in the affairs of the institution, if the party is determined to have committed certain currency reporting violations or money laundering violations.
Amends Federal law regarding monetary transactions to authorize the Secretary of the Treasury to make information in monetary transaction reports available to any State financial institutions regulatory agency upon its request.
Amends the International Banking Act of 1978 to direct the Board of Governors of the Federal Reserve System to issue a notice of its intention to commence a termination proceeding upon written notification from the Attorney General that the State branch or agency of a foreign bank has been convicted of a money laundering offenses.
Subtitle B: Nonbank Financial Institutions and General Provisions
- Amends Federal law regarding monetary transactions to direct the Secretary of the Treasury to: (1) prescribe regulations requiring each depository institution to file identification reports regarding certain financial institution customers; and (2) make such reports available to State financial institution supervisory agencies for supervisory purposes. Sets forth civil money penalties for financial institution identification violations.
Amends the Federal criminal code to establish criminal penalties for persons participating in an illegal money transmitting business.
Prohibits a financial institution or its personnel from disclosing the existence of a Federal information targeting order, except as prescribed by the Secretary.
Amends the Federal Deposit Insurance Act to direct the Secretary and the Board of Governors of the Federal Reserve System (the Board) to jointly prescribe regulations requiring insured depository institutions and businesses involved in domestic and international funds transfers to maintain records of certain kinds of payment orders as will have a high degree of usefulness in criminal, tax, or regulatory investigations or proceedings.
Amends the Right to Financial Privacy Act to provide that financial records transferred by a regulatory agency to the Secretary of the Treasury for possible criminal violations shall be used only for criminal investigative or prosecutive purposes relating to money laundering by the Department of the Treasury.
Prohibits a financial institution or associated personnel from disclosing the fact to any person that it is the subject of information provided to Federal officials concerning possible Federal violations or suspicious transactions.
Authorizes the Secretay to require financial institutions to implement programs to guard against money laundering through financial institutions.
Requires the Secretary and the Attorney General to jointly establish an anti-money laundering training team to assist foreign governments and agencies to expand their capabilities for investigating and prosecuting money laundering violations.
Amends the Foreign Assistance Act of 1961 regarding international narcotics control to require the President to include in his annual International Narcotics Control Strategy Report to certain congressional committees: (1) the status of certain cooperative efforts between the United States and countries identified as major money laundering centers; (2) findings on such countries' adoption of laws and regulations considered essential to prevent narcotics-related money laundering; (3) instances of refusal by such countries to cooperate with foreign governments and the U.S. response (including any sanctions or penalties); and (4) information on bilateral and multilateral strategies pursued by certain Federal agencies to ensure the cooperation of foreign governments with respect to narcotics-related money laundering, and to demonstrate that all Federal agencies are pursuing a common strategy with respect to major money laundering countries.
Subtitle C: Money Laundering Enforcement Improvements
- Amends the judicial code to confer jurisdiction upon Federal district courts in cases of property subject to civil forfeiture under Federal laws but either located in a foreign country or seized prsuant to foreign legal process.
Amends Federal criminal law to preclude the use of certain defenses in civil forfeiture actions with respect to fungible property that is in the form of cash or specified monetary instruments.
Outlines the procedure to subpoena bank records.
Amends Federal law relating to international monetary instrument transaction reporting requirements to prohibit: (1) failure to file the requisite reports; (2) filing material omissions or misstatements of facts in such reports; and (3) participation in structuring any importation or exportation of monetary instruments.
Makes the penalty for conspiracy to commit a money laundering offense the same as the penalty for the substantive offense itself.
Amends the Right to Financial Privacy Act of 1978 to prohibit certain personnel connected with a financial institution from disclosing the existence of a grand jury subpoena to a person named in such subpoena for bank records related to money laundering and controlled substance investigations.
Amends Federal criminal law to repeal the restriction placed upon the Secretary of the Treasury and the Postal Service regarding the disposal of forfeited property. Includes among money laundering predicate offenses certain food stamp fraud and any felony violation of the Foreign Corrupt Practices Act.
Amends specified Federal laws to establish civil penalties for willfully causing violations of regulations regarding: (1) foreign financial agency transactions; and (2) certain financial recordkeeping requirements.
Amends Federal criminal law to redefine "specified unlawful activity" to mean, with respect to a financial transaction occuring wholly or partly in the United States, an offense against a foreign nation involving kidnaping, robbery, or extortion or fraud, or any scheme or attempt to defraud, by or against a foreign bank.
Subtitle D: Reports and Miscellaneous
- Directs the Attorney General to study and report to the Congress on the effect of allowing reimbursement to financial institutions for assembling or providing financial records of entities not currently covered under the Right to Financial Privacy Act. Requires the study to analyze the effect of allowing nondepositor licensed transmitters of funds to be reimbursed to the same extent as financial institutions.
Requires the Attorney General, the Secretary of the Treasury, and the head of any other Federal agency or instrumentality to disclose to the appropriate Federal banking agency any information raising significant concerns regarding the safety and soundness of any depository institution doing business in the United States. Provides for special disclosure procedures in the case of intelligence information or information regarding certain civil or criminal matters under the Attorney General.
Amends Federal criminal law to include the Board of Governors of the Federal Reserve System as a Federal agency for purposes of compelling testimony from witnesses in return for immunity from criminal prosecution.
Amends the Federal Deposit Insurance Act to provide that specified agencies, including Federal banking agencies, shall not be deemed to have waived any privilege relating to information that is subsequently shared with certain other Federal agencies.
Subtitle E: Counterfeit Deterrence
- Counterfeit Deterrence Act of 1992 - Amends Federal criminal law to subject to a class C felony unauthorized control or possession of: (1) any plate, stone, or other artifact for counterfeiting U.S. States obligations or securities, including electronic methods involved in such activities; (2) distinctive paper adopted for U.S. obligations and securities; and (3) any feature or device essentially identical to a distinctive counterfeit deterrent adapted to the making of any United States obligation or security by the Secretary of the Treasury.
Directs the Secretary to prescribe regulations to permit color illustrations of U.S. currency. Declares it is impermissible to reproduce illustrations of U.S. obligations or other securities via electronic methods used for the acquisition, recording, retrieval, transmission, or reproduction, unless such use is authorized by the Secretary.
Subtitle F: Miscellaneous Provisions
- Amends Federal law regarding monetary transactions to authorize the Secretary of the Treasury to: (1) impose civil money penalties upon a financial institution for negligent violations of this Act or for a pattern of negligent violations; and (2) order a depository institution to request that its customers submit cash transaction reports.
Amends Federal law regarding monetary transactions to prohibit a financial institution from discriminating against an employee who has provided Federal agencies with information regarding possible Federal violations. Grants such employees the right to file a civil action in Federal court seeking specified remedies for any such discrimination.
Requires the Secretary to establish a Bank Secrecy Act Advisory Group to serve as a conduit between the Federal and private sectors regarding the status of currency transaction reporting activities.
Requires the Comptroller General to study and report to the Congress on the feasibility of a "Financial Crimes Enforcement Network" proposed to be established among Federal agencies and banking agencies.
Title XVI: Technical Corrections of Banking Laws - Subtitle A: Federal Deposit Insurance Corporation Improvement Act
- Makes technical corrections to the Federal Deposit Insurance Corporation Improvement Act of 1991 and the Federal Home Loan Bank Act.
Subtitle B: Resolution Trust Corporation
- Makes technical corrections to the Resolution Trust Corporation Refinancing, Restructuring, and Improvement Act of 1991.
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Bill titles: To amend and extend certain laws relating to housing and community development, and for other purposes.; Annunzio-Wylie Anti-Money Laundering Act; Choice in Public Housing Management Act of 1992; Community Investment Corporation Demonstration Act; Community Outreach Partnership Act of 1992; Counterfeit Deterrence Act of 1992; Federal Deposit Insurance Corporation Improvement Act of 1991; Federal Housing Enterprises Financial Safety and Soundness Act of 1992; Lead-Based Paint Exposure Reduction Act; Multifamily Housing Finance Improvement Act; Removal of Regulatory Barriers to Affordable Housing Act of 1992; Residential Lead-Based Paint Hazard Reduction Act of 1992; Stewart B. McKinney Homeless Housing Assistance Amendments Act of 1992
Links for more info on the vote: congress.gov