Housing and Community Development Act of 1992/Title IX/Subtitle A

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SUBTITLE A—MISCELLANEOUS[edit]

Contents

SEC. 901. HUD RESEARCH AND DEVELOPMENT.[edit]

Section 501 of the Housing and Urban Development Act of 1970 (12 U.S.C. 1701z-1) is amended by striking the second sentence and all that follows and inserting the following new sentence: `There is authorized to be appropriated to carry out this title $35,000,000 for fiscal year 1993 and $36,470,000 for fiscal year 1994.´.

SEC. 902. ADMINISTRATION OF DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT.[edit]

(a) SPECIAL ASSISTANT FOR INDIAN AND ALASKA NATIVE PROGRAMS—
(1) RESPONSIBILITIES—
Section 4(e)(1) of the Department of Housing and Urban Development Act (42 U.S.C. 3533(e)(1)) is amended—
(A) by inserting ``(A)´´ after ``(1)´´;
(B) in the first sentence, by striking ``responsible´´ and all that follows through ``development´´ and inserting ``located in the Office of the Assistant Secretary for Public and Indian Housing´´; and
(C) by adding at the end the following new subparagraphs:
``(B) The Special Assistant for Indian and Alaska Native Programs shall be appointed based solely on merit and shall be covered under the provisions of title 5, United States Code, governing appointments in the competitive service.
``(C) The Special Assistant for Indian and Alaska Native Programs shall be responsible for—
``(i) administering, in coordination with the relevant office in the Department, the provision of housing assistance to Indian tribes or Indian housing authorities under each program of the Department that provides for such assistance;
``(ii) administering the community development block grant program for Indian tribes under title I of the Housing and Community Development Act of 1974 and the provision of assistance to Indian tribes under such Act;
``(iii) directing, coordinating, and assisting in managing any regional offices of the Department that administer Indian programs to the extent of such programs; and
``(iv) coordinating all programs of the Department relating to Indian and Alaska Native housing and community development.
``(D) The Secretary shall include in the annual report under section 8 a description of the extent of the housing needs for Indian families and community development needs of Indian tribes in the United States and the activities of the Department, and extent of such activities, in meeting such needs.´´.
(2) TRANSFER OF FUNCTIONS—
Not later than the expiration of the 180-day period beginning on the date of the enactment of this Act, the Secretary of Housing and Urban Development shall transfer to the Special Assistant for Indian and Alaska Native Programs any functions and duties described in section 4(e)(1)(B) of the Department of Housing and Urban Development Act (as added by paragraph (1) of this subsection).
(3) STAFF—
Not later than the expiration of the 1-year period beginning on the date of the enactment of this Act, the Secretary of Housing and Urban Development shall transfer from offices within the Department of Housing and Urban Development to the office of the Special Assistant for Indian and Alaska Native Programs such staff, having experience and capacity to administer Indian housing and community development programs, as may be necessary and appropriate to assist the Special Assistant in carrying out the responsibilities under section 4(e)(1)(B) of the Department of Housing and Urban Development Act (as added by paragraph (1) of this subsection).
(b) AVOIDANCE OF FORECLOSURE ON MORTGAGES HELD BY SECRETARY—
Section 7(i) of the Department of Housing and Urban Development Act (42 U.S.C. 3535(i)) is amended—
(1) in paragraph (5), by inserting before the semicolon the following: ``; except that with respect to any mortgage held by the Secretary, the Secretary shall, subject to the availability of amounts provided in appropriation Acts, implement the authority under this paragraph to reduce the interest rate on the mortgage to a rate not less than the rate for recently issued marketable obligations of the Treasury having a comparable maturity if (and to the extent that) such a reduction, when taken together with other actions authorized under the National Housing Act, is necessary to avoid foreclosure on the mortgage; and except that for any mortgage for which the interest rate is reduced pursuant to an appropriation under the preceding clause, if the Secretary determines that the income or ability of the mortgagor to make interest payments has increased, the Secretary may (not more than once for each such mortgage) increase such interest rate to a rate not exceeding the prevailing market rate, as determined by the Secretary´´; and
(2) in paragraph (6), by inserting before the period the following: ``, including any provisions relating to the authority or requirements under paragraph (5)´´.
(c) PROGRAM MONITORING AND EVALUATION—
The first sentence of section 7(r)(6) of the Department of Housing and Urban Development Act (42 U.S.C. 3535(r)(6)) is amended to read as follows: ``There are authorized to be appropriated to carry out this subsection such sums as may be necessary for fiscal year 1993 and fiscal year 1994.´´.

SEC. 903. PARTICIPANT'S CONSENT TO RELEASE OF INFORMATION.[edit]

(a) IN GENERAL—
Section 904 of the Stewart B. McKinney Homeless Assistance Amendments Act of 1988 (42 U.S.C. 3544) is amended by adding at the end the following new subsection:
``(e) CONDITIONS OF RELEASE OF INFORMATION BY THIRD PARTIES— An applicant or participant under any program of the Department of Housing and Urban Development may not be required or requested to consent to the release of information by third parties as a condition of initial or continuing eligibility for participation in the program unless—
``(1) the request for consent is made, and the information secured is maintained, in accordance with this section, section 552a of title 5, United States Code; and
``(2) the consent that is requested is appropriately limited, with respect to time and information relevant and necessary to meet the requirements of this section.´´.
(b) FORMS—
(1) NEW FORM—
Not later than the expiration of the 180-day period beginning on the date of the enactment of this Act, the Secretary of Housing and Urban Development shall develop a release form that meets the requirements of section 904 of the Stewart B. McKinney Homeless Assistance Amendments Act of 1988, as amended by this section. In developing the form, the Secretary shall consult with interested parties, which shall include not less than 2 representatives of public housing agencies, 1 representative of a national tenant organization, 1 representative of a State tenant organization, and 1 representative of a legal group representing tenants.
(2) EFFECT OF OLD FORM—
During the period beginning upon the date of the enactment of this Act and ending upon implementation of the use of the form developed under paragraph (1), the benefits provided to an applicant or participant under any program of the Department of Housing and Urban Development, or eligibility for such benefits, may not be terminated, denied, suspended, or reduced because of any failure to sign any form authorizing the release of information from any third party (including Form HUD-9886), if the applicant or participant otherwise discloses all financial information relating to the application or recertification.

SEC. 904. NATIONAL INSTITUTE OF BUILDING SCIENCES.[edit]

(a) TECHNICAL CORRECTION TO HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974—
Section 809 of the Housing and Community Development Act of 1974 (12 U.S.C. 1701j-2) is amended—
(1) by redesignating subsections (h) and (i) as subsections (i) and (j), respectively; and
(2) by inserting after subsection (g) the material inserted by the amendment made by section 952(b)(2) of the Cranston-Gonzalez National Affordable Housing Act (Public Law 101-625; 104 Stat. 4418).
(b) TECHNICAL CORRECTION TO NATIONAL HOUSING ACT—
Section 809 of the National Housing Act is amended by striking subsection (h) (as added by section 952(b) of the Cranston-Gonzalez National Affordable Housing Act).

SEC. 905. FAIR HOUSING INITIATIVES PROGRAM.[edit]

(a) FINDINGS—
The Congress finds that—
(1) in the past half decade, there have been major legislative and administrative changes in Federal fair housing and fair lending laws and substantial improvements in the Nation's understanding of discrimination in the housing markets;
(2) in response to evidence of continuing housing discrimination, the Congress passed the Fair Housing Act Amendments of 1988, to provide for more effective enforcement of fair housing rights through judicial and administrative avenues and to expand the number of protected classes covered under Federal fair housing laws;
(3) in the Financial Institutions Reform, Recovery, and Enforcement Act of 1989, the Congress expanded the disclosure provisions under the Home Mortgage Disclosure Act to provide increased information on the mortgage lending patterns of financial institutions;
(4) in the Americans with Disabilities Act of 1990, the Congress provided a clear and comprehensive national mandate for the elimination of discrimination against individuals with disabilities;
(5) in 1991, data collected under the Home Mortgage Disclosure Act disclosed evidence of pervasive discrimination in the Nation's mortgage lending markets;
(6) the Housing Discrimination Survey, released by the Department of Housing and Urban Development in 1991, found that Hispanic and African-American homeseekers experience some form of discrimination in at least half of their encounters with sales and rental agents;
(7) the Fair Housing Initiatives Program should be revised and expanded to reflect the significant changes in the fair housing and fair lending area that have taken place since the Program's initial authorization in the Housing and Community Development Act of 1987;
(8) continuing educational efforts by the real estate industry are a useful way to increase understanding by the public of their fair housing rights and responsibilities; and
(9) the proven efficacy of private nonprofit fair housing enforcement organizations and community-based efforts makes support for these organizations a necessary component of the fair housing enforcement system.
(b) IN GENERAL—
Section 561 of the Housing and Community Development Act of 1987 (42 U.S.C. 3616 note) is amended—
(1) by redesignating subsections (b) through (e) as subsections (e) through (h), respectively;
(2) by inserting after subsection (a) the following new subsections:
``(b) PRIVATE ENFORCEMENT INITIATIVES—
``(1) IN GENERAL— The Secretary shall use funds made available under this subsection to conduct, through contracts with private nonprofit fair housing enforcement organizations, investigations of violations of the rights granted under title VIII of the Civil Rights Act of 1968, and such enforcement activities as appropriate to remedy such violations. The Secretary may enter into multiyear contracts and take such other action as is appropriate to enhance the effectiveness of such investigations and enforcement activities.
``(2) ACTIVITIES— The Secretary shall use funds made available under this subsection to conduct, through contracts with private nonprofit fair housing enforcement organizations, a range of investigative and enforcement activities designed to—
``(A) carry out testing and other investigative activities in accordance with subsection (b)(1), including building the capacity for housing investigative activities in unserved or underserved areas;
``(B) discover and remedy discrimination in the public and private real estate markets and real estate-related transactions, including, but not limited to, the making or purchasing of loans or the provision of other financial assistance sales and rentals of housing and housing advertising;
``(C) carry out special projects, including the development of prototypes to respond to new or sophisticated forms of discrimination against persons protected under title VIII of the Civil Rights Act of 1968;
``(D) provide technical assistance to local fair housing organizations, and assist in the formation and development of new fair housing organizations; and
``(E) provide funds for the costs and expenses of litigation, including expert witness fees.
``(c) FUNDING OF FAIR HOUSING ORGANIZATIONS—
``(1) IN GENERAL— The Secretary shall use funds made available under this section to enter into contracts or cooperative agreements with qualified fair housing enforcement organizations, other private nonprofit fair housing enforcement organizations, and nonprofit groups organizing to build their capacity to provide fair housing enforcement, for the purpose of supporting the continued development or implementation of initiatives which enforce the rights granted under title VIII of the Civil Rights Act of 1968, as amended. Contracts or cooperative agreements may not provide more than 50 percent of the operating budget of the recipient organization for any one year.
``(2) CAPACITY ENHANCEMENT— The Secretary shall use funds made available under this section to help establish, organize, and build the capacity of fair housing enforcement organizations, particularly in those areas of the country which are currently underserved by fair housing enforcement organizations as well as those areas where large concentrations of protected classes exist. For purposes of meeting the objectives of this paragraph, the Secretary may enter into contracts or cooperative agreements with qualified fair housing enforcement organizations. The Secretary shall establish annual goals which reflect the national need for private fair housing enforcement organizations.
``(d) EDUCATION AND OUTREACH—
``(1) IN GENERAL— The Secretary, through contracts with one or more qualified fair housing enforcement organizations, other fair housing enforcement organizations, and other nonprofit organizations representing groups of persons protected under title VIII of the Civil Rights Act of 1968, shall establish a national education and outreach program. The national program shall be designed to provide a centralized, coordinated effort for the development and dissemination of fair housing media products, including—
``(A) public service announcements, both audio and video;
``(B) television, radio and print advertisements;
``(C) posters; and
``(D) pamphlets and brochures.
``The Secretary shall designate a portion of the amounts provided in subsection (g)(4) for a national program specifically for activities related to the annual national fair housing month. The Secretary shall encourage cooperation with real estate industry organizations in the national education and outreach program. The Secretary shall also encourage the dissemination of educational information and technical assistance to support compliance with the housing adaptability and accessibility guidelines contained in the Fair Housing Act Amendments of 1988.
``(2) REGIONAL AND LOCAL PROGRAMS— The Secretary, through contracts with fair housing enforcement organizations, other nonprofit organizations representing groups of persons protected under title VIII of the Civil Rights Act of 1968, State and local agencies certified by the Secretary under section 810(f) of the Fair Housing Act, or other public or private entities that are formulating or carrying out programs to prevent or eliminate discriminatory housing practices, shall establish or support education and outreach programs at the regional and local levels.
``(3) COMMUNITY-BASED PROGRAMS— The Secretary shall provide funding to fair housing organizations and other nonprofit organizations representing groups of persons protected under title VIII of the Civil Rights Act of 1968, or other public or private entities that are formulating or carrying out programs to prevent or eliminate discriminatory housing practices, to support community-based education and outreach activities, including school, church, and community presentations, conferences, and other educational activities.´´;
(3) in subsection (g), as redesignated by paragraph (1) by striking all in the first sentence after ``section,´´ and inserting the following: ``$21,000,000 for fiscal year 1993 and $26,000,000 for fiscal year 1994, of which—
``(1) not less than $3,820,000 for fiscal year 1993 and $8,500,000 for fiscal year 1994 shall be for private enforcement initiatives authorized under subsection (b), divided equally between activities specified under subsection (b)(1) and those specified under subsection (b)(2);
``(2) not less than $2,230,000 for fiscal year 1993 and $8,500,000 for fiscal year 1994 shall be for qualified fair housing enforcement organizations authorized under subsection (c)(1);
``(3) not less than $2,010,000 for fiscal year 1993 and $4,000,000 for fiscal year 1994 shall be for the creation of new fair housing enforcement organizations authorized under subsection (c)(2); and
``(4) not less than $2,540,000 for fiscal year 1993 and $5,000,000 for fiscal year 1994 shall be for education and outreach programs authorized under subsection (d), to be divided equally between activities specified under subsection (d)(1) and those specified under subsections (d)(2) and (d)(3).´´; and
(4) by striking subsection (h), as redesignated by paragraph (1), and inserting the following:
``(h) QUALIFIED FAIR HOUSING ENFORCEMENT ORGANIZATION— (1) The term ``qualified fair housing enforcement organization´´ means any organization that—
``(A) is organized as a private, tax-exempt, nonprofit, charitable organization;
``(B) has at least 2 years experience in complaint intake, complaint investigation, testing for fair housing violations and enforcement of meritorious claims; and
``(C) is engaged in all the activities listed in paragraph (1)(B) at the time of application for assistance under this section.
``An organization which is not solely engaged in fair housing enforcement activities may qualify as a qualified fair housing enforcement organization, provided that the organization is actively engaged in each of the activities listed in subparagraph (B).
``(2) The term ``fair housing enforcement organization´´ means any organization that—
``(A) meets the requirements specified in paragraph (1)(A);
``(B) is currently engaged in the activities specified in paragraph (1)(B);
``(C) upon the receipt of funds under this section will become engaged in all of the activities specified in paragraph (1)(B); and
``(D) for purposes of funding under subsection (b), has at least 1 year of experience in the activities specified in paragraph (1)(B).
``(i) PROHIBITION ON USE OF FUNDS— None of the funds authorized under this section may be used by the Secretary for purposes of settling claims, satisfying judgments or fulfilling court orders in any litigation action involving either the Department or housing providers funded by the Department. None of the funds authorized under this section may be used by the Department for administrative costs.
``(j) REPORTING REQUIREMENTS— Not later than 180 days after the close of each fiscal year in which assistance under this section is furnished, the Secretary shall prepare and submit to the Congress a comprehensive report which shall contain—
``(1) a description of the progress made in accomplishing the objectives of this section;
``(2) a summary of all the private enforcement activities carried out under this section and the use of such funds during the preceding fiscal year;
``(3) a list of all fair housing enforcement organizations funded under this section during the preceding fiscal year, identified on a State-by-State basis;
``(4) a summary of all education and outreach activities funded under this section and the use of such funds during the preceding fiscal year; and
``(5) any findings, conclusions, or recommendations of the Secretary as a result of the funded activities.´´.

SEC. 906. NATIONAL COMMISSION ON MANUFACTURED HOUSING.[edit]

(a) AUTHORIZATION OF APPROPRIATIONS—
Section 943(f) of the Cranston-Gonzalez National Affordable Housing Act is amended to read as follows:
``(f) AUTHORIZATION— Of the amount appropriated pursuant to section 501 of the Housing and Urban Development Act of 1970 (12 U.S.C. 1701z-1), there shall be set aside to carry out this section $1,000,000 for fiscal year 1993. Any amounts provided pursuant to this section shall remain available until expended.´´.
(b) FUNCTIONS OF THE COMMISSION—
Section 943(d)(1) of the Cranston-Gonzalez National Affordable Housing Act is amended—
(1) in subparagraph (G), by striking ``and´´ at the end;
(2) by adding after subparagraph (G) the following new subparagraphs:
``(H) evaluate the extent to which manufacturers in compliance with Federal standards do and should comply with State implied or expressed warranty requirements;
``(I) examine the feasibility of expanding and establishing standards governing manufactured home sales including transportation and on-site set up; and´´; and
(3) by redesignating subparagraph (H) as subparagraph (J).
(c) EXTENSION OF TERMINATION DATE—
Section 943(g) of the Cranston-Gonzalez National Affordable Housing Act is amended by striking ``upon the expiration of the 9 months following the appointment of all the members under subsection (c)´´ and inserting ``on October 1, 1993´´.
(d) STAFF—
Section 943(e) of the Cranston-Gonzalez National Affordable Housing Act (Public Law 101-625; 104 Stat. 44134) is amended by adding at the end the following new paragraph:
``(7) STAFF—
``(A) EXECUTIVE DIRECTOR— The Commission shall appoint an executive director of the Commission who shall be compensated at a rate fixed by the Commission, but which may not exceed the rate established for level V of the Executive Schedule under title 5, United States Code.
``(B) PERSONNEL— In addition to the executive director, the Commission may appoint and fix the compensation of such personnel as the Commission deems advisable, in accordance with the provisions of title 5, United States Code, governing appointments to the competitive service, and the provisions of chapter 51 and subchapter III of chapter 53 of such title, relating to classification and General Schedule pay rates.
``(C) LIMITATION— This paragraph shall be effective only to the extent amounts are made available in appropriation Acts.´´.

SEC. 907. MANUFACTURED HOUSING.[edit]

Section 604 of the Housing and Community Development Act of 1974 (42 U.S.C. 5403) is amended by adding at the end the following new subsection:
``(j) The Secretary shall develop a new standard for hardboard panel siding on manufactured housing taking into account durability, longevity, consumer's costs for maintenance and any other relevant information pursuant to subsection (f). The Secretary shall consult with the National Manufactured Home Advisory Council and the National Commission on Manufactured Housing in establishing the new standard. The new performance standard developed shall ensure the durability of hardboard sidings for at least a normal life of a mortgage with minimum maintenance required. Not later than 180 days from the date of enactment of this subsection, the Secretary shall update the standards for hardboard siding.´´.

SEC. 908. REAL ESTATE SETTLEMENT PROCEDURES ACT OF 1974.[edit]

(a) APPLICABILITY TO MORTGAGE ORIGINATION—
Section 3(3) of the Real Estate Settlement Procedures Act of 1974 (12 U.S.C. 2602(3)) is amended by inserting after ``broker,´´ the following: ``the origination of a federally related mortgage loan (including, but not limited to, the taking of loan applications, loan processing, and the underwriting and funding of loans),´´.
(b) APPLICABILITY TO SECOND MORTGAGES AND REFINANCINGS—
Section 3(1)(A) of the Real Estate Settlement Procedures Act of 1974 (12 U.S.C. 2602(1)(A)) is amended—
(1) by inserting ``or subordinate´´ after ``first´´; and
(2) by inserting before the semicolon the following: ``, including any such secured loan, the proceeds of which are used to prepay or pay off an existing loan secured by the same property´´.
(c) REGULATIONS—
The Secretary of Housing and Urban Development shall issue regulations to implement the amendments made by this section not later than the expiration of the 180-day period beginning on the date of the enactment of this Act. The regulations shall be issued after notice and opportunity for public comment pursuant to the provisions of section 553 of title 5, United States Code (notwithstanding subsections (a)(2), (b)(B), and (d)(3) of such section).
(d) EFFECTIVE DATE—
This section shall take effect on the date of enactment of this Act and shall not apply retroactively.

SEC. 909. COMMUNITY REINVESTMENT ACT OF 1977.[edit]

The Community Reinvestment Act of 1977 (12 U.S.C. 2901 et seq.) is amended—
(1) in section 804—
(A) by inserting before the first sentence the following: `(a) IN GENERAL- ´; and
(B) by adding at the end the following new subsection:
``(b) MAJORITY-OWNED INSTITUTIONS— In assessing and taking into account, under subsection (a), the record of a nonminority-owned and nonwomen-owned financial institution, the appropriate Federal financial supervisory agency may consider as a factor capital investment, loan participation, and other ventures undertaken by the institution in cooperation with minority- and women-owned financial institutions and low-income credit unions provided that these activities help meet the credit needs of local communities in which such institutions and credit unions are chartered.´´; and
(2) in section 808(a), by striking `shall be treated as´ and inserting `may be a factor in determining whether the depository institution is´.

SEC. 910. REPORT ON COMMUNITY DEVELOPMENT LENDING.[edit]

(a) IN GENERAL—
Not later than 12 months after the date of enactment of this section, the Board of Governors of the Federal Reserve System, in consultation with the Comptroller of the Currency, the Chairman of the Federal Deposit Insurance Corporation, the Director of the Office of Thrift Supervision, and the Chairman of the National Credit Union Administration, shall 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.
(b) CONTENTS OF REPORT—
The report required by subsection (a) shall—
(1) compare the risks and returns of lending in low-income, minority, and distressed neighborhoods with the risks and returns of lending in other neighborhoods;
(2) analyze the reasons for any differences in risk and return between low-income, minority, and distressed neighborhoods and other neighborhoods; and
(3) if the risks of lending in low-income, minority, and distressed neighborhoods exceed the risks of lending in other neighborhoods, recommend ways of mitigating those risks.

SEC. 911. SUBSIDY LAYERING REVIEW.[edit]

(a) IN GENERAL—
The Secretary shall establish guidelines for housing credit agencies, as defined under section 42 of the Internal Revenue Code of 1986, to implement the requirements of section 102(d) of the Department of Housing and Urban Development Reform Act of 1989 (42 U.S.C. 3545(d)) for projects receiving assistance within the jurisdiction of the Department of Housing and Urban Development and under section 42 of the Internal Revenue Code of 1986.
(b) IN PARTICULAR—
The guidelines established pursuant to subsection (a) shall—
(1) require that the amount of equity capital contributed by investors to a project partnership is not less than the amount generally contributed by investors in current market conditions, as determined by the housing credit agency; and
(2) require that project costs, including developer fees, are within a reasonable range, taking into account project size, project characteristics, project location and project risk factors, as determined by the housing credit agency.
(c) EFFECTIVE DATE—
As of January 1, 1993, a housing credit agency shall carry out the responsibilities of section 102(d) of the Housing and Urban Development Reform Act for projects allocated a low-income housing tax credit pursuant to section 42 of the Internal Revenue Code of 1986 if such agency certifies to the Secretary that it is properly implementing the guidelines established under subsection (a). The Secretary may revoke the responsibility delegated in the preceding sentence if the Secretary determines that a housing credit agency has failed to properly implement such guidelines.
(d) APPLICABILITY—
Section 102(d) of the Department of Housing and Urban Development Reform Act of 1989 (42 U.S.C. 3545(d)) shall apply only to projects for which an application for assistance or insurance was filed after the date of enactment of the Housing and Urban Development Reform Act.

SEC. 912. SOLAR ASSISTANCE FINANCING ENTITY.[edit]

(a) ESTABLISHMENT—
The Secretary of Housing and Urban Development shall establish within the Department of Housing and Urban Development the Solar Assistance Financing Entity (in this section referred to as the `Entity´).
(b) PURPOSE—
The purpose of the Entity shall be to assist in financing solar and renewable energy capital investments and projects for eligible buildings under subsection (c).
(c) ELIGIBLE BUILDINGS—
The Entity may provide assistance under this section only for the following buildings:
(1) SINGLE FAMILY HOUSING—
Any building consisting of 1 to 4 dwelling units that has a system for heating or cooling, or both.
(2) MULTIFAMILY HOUSING—
Any building consisting of more than 4 dwelling units that has a system for heating or cooling, or both.
(3) COMMERCIAL BUILDINGS—
Any building used primarily to carry on a business (including any nonprofit business) that is not used primarily for the manufacture or production of raw materials, products, or agricultural commodities.
(4) SCHOOLS, HOSPITALS, AND AGRICULTURAL BUILDINGS—
Any school, any hospital, and any building used exclusively in connection with the harvesting, storage, or drying of agricultural commodities.
(5) OTHER BUILDINGS—
Any other building of a type that the Entity considers appropriate.
(d) FINANCING OPTIONS—
Assistance provided under this section by the Entity may be provided only for programs for financing solar and renewable energy capital investments and projects, which may include programs for making loans, making grants, reducing the principal obligations of loans, prepayment of interest on loans, purchase and sale of loans and advances of credit, providing loan guarantees, providing loan downpayment assistance, and providing rebates and other incentives for the purchase and installation of solar and renewable energy measures.
(e) AUTHORITY TO LEVERAGE OTHER FUNDS—
The Entity may encourage or require programs receiving assistance under this section to supplement the assistance received under this section with amounts from other public and private sources, and, in making assistance under this section available, may give preference to programs that leverage amounts from such other sources.
(f) PROVISION OF ASSISTANCE—
The Entity shall provide assistance under this section through State agencies responsible for developing State energy conservation plans pursuant to section 362 of the Energy Policy and Conservation Act, or any other entity or agency authorized to specifically carry out the purposes of this section.
(g) REGULATIONS—
Not later than the expiration of the 12-month period beginning on the date of the enactment of this Act, the Secretary of Housing and Urban Development, in consultation with the Secretary of Energy, shall issue any regulations necessary to carry out this section, which shall ensure maximum flexibility in utilizing amounts made available under this section.
(h) AUTHORIZATION OF APPROPRIATIONS—
There are authorized to be appropriated to carry out this section $10,000,000 for fiscal year 1993 and $10,420,000 for fiscal year 1994. Such sums are to be available until expended.
(i) REPEALS—
(1) SOLAR ENERGY AND ENERGY CONSERVATION BANK ACT—
Subtitle A of title V of the Energy Security Act (12 U.S.C. 3601 et seq.) is repealed.
(2) FEDERAL NATIONAL MORTGAGE ASSOCIATION CHARTER ACT—
Sections 315 and 316 of the Federal National Mortgage Association Charter Act (12 U.S.C. 1723g, 1723h) are repealed.

SEC. 913. TECHNICAL AND CONFORMING AMENDMENTS RELATING TO LABOR WAGE RATES UNDER HOUSING PROGRAMS.[edit]

(a) SUPPORTIVE HOUSING FOR THE ELDERLY—
Section 202(j)(5) of the Housing Act of 1959 (12 U.S.C. 1701q(j)(5)), as amended by section 801 of the Cranston-Gonzalez National Affordable Housing Act, is amended to read as follows:
``(5) LABOR—
``(A) IN GENERAL— The Secretary shall take such action as may be necessary to ensure that all laborers and mechanics employed by contractors and subcontractors in the construction of housing with 12 or more units assisted under this section shall be paid wages at rates not less than the rates prevailing in the locality involved for the corresponding classes of laborers and mechanics employed on construction of a similar character, as determined by the Secretary of Labor in accordance with the Act of March 3, 1931 (commonly known as the Davis-Bacon Act).
``(B) EXEMPTION— Subparagraph (A) shall not apply to any individual who—
``(i) performs services for which the individual volunteered;
``(ii)(I) does not receive compensation for such services; or
``(II) is paid expenses, reasonable benefits, or a nominal fee for such services; and
``(iii) is not otherwise employed at any time in the construction work.´´.
(b) SUPPORTIVE HOUSING FOR PERSONS WITH DISABILITIES—
Section 811(j)(6) of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 8013(j)(6)) is amended—
(1) by striking ``(6) LABOR STANDARDS— The Secretary´´ and inserting the following:
``(6) LABOR STANDARDS—
``(A) IN GENERAL— The Secretary´´;
(2) by striking ``assisted under this section and designed for dwelling use by 12 or more persons with disabilities´´ and inserting ``with 12 or more units assisted under this section´´;
(3) by inserting ``commonly known as´´ before ``the Davis-Bacon Act´´;
(4) by striking ``; but the Secretary´´ and all that follows through ``undertaking the construction´´; and
(5) by adding at the end the following new subparagraph:
``(B) EXEMPTION— Subparagraph (A) shall not apply to any individual who--
``(i) performs services for which the individual volunteered;
``(ii)(I) does not receive compensation for such services; or
``(II) is paid expenses, reasonable benefits, or a nominal fee for such services; and
``(iii) is not otherwise employed at any time in the construction work.´´.

SEC. 914. ENERGY EFFICIENT MORTGAGES.[edit]

(a) DEFINITION OF ENERGY EFFICIENT MORTGAGE—
Section 104 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12704), as amended by section 210(a)(1) of this Act, is further amended by adding at the end the following new paragraph:
``(25) The term `energy efficient mortgage´ means a mortgage that provides financing incentives for the purchase of energy efficient homes, or that provides financing incentives to make energy efficiency improvements in existing homes by incorporating the cost of such improvements in the mortgage.´´.
(b) UNIFORM MORTGAGE FINANCING PLAN FOR ENERGY EFFICIENCY—
Section 946 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12712 note) is amended—
(1) in subsection (a), by striking ``mortgage financing incentives for energy efficiency´´ and inserting ``energy efficient mortgages (as such term is defined in section 104 of this Act)´´; and
(2) in subsection (b)—
(A) in the second sentence, by inserting ``, but not be limited to,´´ after ``include´´; and
(B) by inserting after the period at the end of the following new sentence: ``The Task Force shall determine whether notifying potential home purchasers of the availability of energy efficient mortgages would promote energy efficiency in residential buildings, and if so, the Task Force shall recommend appropriate notification guidelines, and agencies and organizations referred to in the preceding sentence are authorized to implement such guidelines.´´.

SEC. 915. ECONOMIC OPPORTUNITIES FOR LOW- AND VERY LOW-INCOME PERSONS.[edit]

Section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701u) is amended to read as follows:
``SEC. 3. ECONOMIC OPPORTUNITIES FOR LOW- AND VERY LOW-INCOME PERSONS.
``(a) FINDINGS— The Congress finds that—
``(1) Federal housing and community development programs provide State and local governments and other recipients of Federal financial assistance with substantial funds for projects and activities that produce significant employment and other economic opportunities;
``(2) low- and very low-income persons, especially recipients of government assistance for housing, often have restricted access to employment and other economic opportunities;
``(3) the employment and other economic opportunities generated by projects and activities that receive Federal housing and community development assistance offer an effective means of empowering low- and very low-income persons, particularly persons who are recipients of government assistance for housing; and
``(4) prior Federal efforts to direct employment and other economic opportunities generated by Federal housing and community development programs to low- and very low-income persons have not been fully effective and should be intensified.
``(b) POLICY— It is the policy of the Congress and the purpose of this section to ensure that the employment and other economic opportunities generated by Federal financial assistance for housing and community development programs shall, to the greatest extent feasible, be directed toward low- and very low-income persons, particularly those who are recipients of government assistance for housing.
``(c) EMPLOYMENT—
``(1) PUBLIC AND INDIAN HOUSING PROGRAM—
``(A) IN GENERAL— The Secretary shall require that public and Indian housing agencies, and their contractors and subcontractors, make their best efforts, consistent with existing Federal, State, and local laws and regulations, to give to low- and very low-income persons the training and employment opportunities generated by development assistance provided pursuant to section 5 of the United States Housing Act of 1937, operating assistance provided pursuant to section 9 of that Act, and modernization grants provided pursuant to section 14 of that Act.
``(B) PRIORITY— The efforts required under subparagraph (A) shall be directed in the following order of priority:
``(i) To residents of the housing developments for which the assistance is expended.
``(ii) To residents of other developments managed by the public or Indian housing agency that is expending the assistance.
``(iii) To participants in Youthbuild programs receiving assistance under subtitle D of title IV of the Cranston-Gonzalez National Affordable Housing Act.
``(iv) To other low- and very low-income persons residing within the metropolitan area (or nonmetropolitan county) in which the assistance is expended.
``(2) OTHER PROGRAMS—
``(A) IN GENERAL— In other programs that provide housing and community development assistance, the Secretary shall ensure that, to the greatest extent feasible, and consistent with existing Federal, State, and local laws and regulations, opportunities for training and employment arising in connection with a housing rehabilitation (including reduction and abatement of lead-based paint hazards), housing construction, or other public construction project are given to low- and very low-income persons residing within the metropolitan area (or nonmetropolitan county) in which the project is located.
``(B) PRIORITY— Where feasible, priority should be given to low- and very low-income persons residing within the service area of the project or the neighborhood in which the project is located and to participants in Youthbuild programs receiving assistance under subtitle D of title IV of the Cranston-Gonzalez National Affordable Housing Act.
``(d) CONTRACTING—
``(1) PUBLIC AND INDIAN HOUSING PROGRAM—
``(A) IN GENERAL— The Secretary shall require that public and Indian housing agencies, and their contractors and subcontractors, make their best efforts, consistent with existing Federal, State, and local laws and regulations, to award contracts for work to be performed in connection with development assistance provided pursuant to section 5 of the United States Housing Act of 1937, operating assistance provided pursuant to section 9 of that Act, and modernization grants provided pursuant to section 14 of that Act, to business concerns that provide economic opportunities for low- and very low-income persons.
``(B) PRIORITY— The efforts required under subparagraph (A) shall be directed in the following order of priority:
``(i) To business concerns that provide economic opportunities for residents of the housing development for which the assistance is provided.
``(ii) To business concerns that provide economic opportunities for residents of other housing developments operated by the public and Indian housing agency that is providing the assistance.
``(iii) To Youthbuild programs receiving assistance under subtitle D of title IV of the Cranston-Gonzalez National Affordable Housing Act.
``(iv) To business concerns that provide economic opportunities for low- and very low-income persons residing within the metropolitan area (or nonmetropolitan county) in which the assistance is provided.
``(2) OTHER PROGRAMS—
``(A) IN GENERAL— In providing housing and community development assistance pursuant to other programs, the Secretary shall ensure that, to the greatest extent feasible, and consistent with existing Federal, State, and local laws and regulations, contracts awarded for work to be performed in connection with a housing rehabilitation (including reduction and abatement of lead-based paint hazards), housing construction, or other public construction project are given to business concerns that provide economic opportunities for low- and very low-income persons residing within the metropolitan area (or nonmetropolitan county) in which the assistance is expended.
``(B) PRIORITY— Where feasible, priority should be given to business concerns which provide economic opportunities for low- and very low-income persons residing within the service area of the project or the neighborhood in which the project is located and to Youthbuild programs receiving assistance under subtitle D of title IV of the Cranston-Gonzalez National Affordable Housing Act.
``(e) DEFINITIONS— For the purposes of this section the following definitions shall apply:
``(1) LOW- AND VERY LOW-INCOME PERSONS— The terms ``low-income persons´´ and ``very low-income persons´´ have the same meanings given the terms ``low-income families´´ and ``very low-income families´´, respectively, in section 3(b)(2) of the United States Housing Act of 1937.
``(2) BUSINESS CONCERN THAT PROVIDES ECONOMIC OPPORTUNITIES— The term ``a business concern that provides economic opportunities´´ means a business concern that—
``(A) provides economic opportunities for a class of persons that has a majority controlling interest in the business;
``(B) employs a substantial number of such persons; or
``(C) meets such other criteria as the Secretary may establish.
``(f) COORDINATION WITH OTHER FEDERAL AGENCIES— The Secretary shall consult with the Secretary of Labor, the Secretary of Health and Human Services, the Secretary of Commerce, the Administrator of the Small Business Administration, and such other Federal agencies as the Secretary determines are necessary to carry out this section.
``(g) REGULATIONS— Not later than 180 days after the date of enactment of the National Affordable Housing Act Amendments of 1992, the Secretary shall promulgate regulations to implement this section.´´.

SEC. 916. STUDY OF THE EFFECTIVENESS OF SECTION 3 OF THE HOUSING AND URBAN DEVELOPMENT ACT OF 1968.[edit]

(a) IN GENERAL—
The Secretary of Housing and Urban Development shall submit to the Congress, not later than 1 year after the date of the enactment of this Act, a report describing—
(1) the Secretary's efforts to enforce section 3 of the Housing and Urban Development Act of 1968;
(2) the barriers to full implementation of section 3 of the Housing and Urban Development Act of 1968;
(3) the anticipated costs and benefits of full implementation of section 3 of the Housing and Urban Development Act of 1968; and
(4) recommendations for legislative changes to enhance the effectiveness of section 3 of the Housing and Urban Development Act of 1968.
(b) CONTENTS—
(1) ENFORCEMENT—
The description under subsection (a)(1) of the Secretary's enforcement efforts shall include, at a minimum—
(A) a discussion of how responsibility for implementing section 3 of the Housing and Urban Development Act of 1968 is allocated within the Department of Housing and Urban Development;
(B) a discussion of the status of existing regulations implementing such section 3;
(C) a discussion of ongoing efforts to enforce current regulations;
(D) a list of the programs under the responsibility of the Secretary with respect to which the Secretary is enforcing section 3; and
(E) a separate description of the activities carried out under section 3 with respect to each of these programs.
(2) IMPEDIMENTS—
The discussion under subsection (a)(2) of the external impediments to effective enforcement of section 3 of the Housing and Urban Development Act of 1968 shall include, at a minimum, a discussion of—
(A) any lack of necessary training for targeted employees and technical assistance to targeted businesses;
(B) any barriers created by Federal, State, or local procurement regulations or other laws;
(C) any difficulties in coordination with labor unions;
(D) any difficulties in coordination with other implicated Federal agencies; and
(E) any lack of resources on the part of recipients of assistance who are responsible for carrying out section 3 of the Housing and Urban Development Act of 1968.
(c) CONSULTATION—
In preparing the report under this subsection, the Secretary shall consult with the Secretary of Labor, the Secretary of Commerce, the Secretary of Health and Human Services, the Administrator of the Small Business Administration, other appropriate Federal officials, and recipients of Federal housing and community development assistance who are responsible for executing section 3 of the Housing and Urban Development Act of 1968.

SEC. 917. INDIAN HOUSING AUTHORITIES.[edit]

There is authorized to be appropriated $500,000 for fiscal year 1993 and $521,000 for fiscal year 1994 to a nonprofit organization under section 501(c)(3) of the Internal Revenue Code of 1986 that has been in existence since 1975 and that provides training, technical assistance, and information to Indian housing authorities, Indian tribal governments, and other groups. These sums shall be used by such nonprofit organization to—
(1) provide technical assistance and training to Indian housing authorities;
(2) improve the administrative capacities of Indian housing authorities; and
(3) provide for other activities designed to improve Indian housing conditions.

SEC. 918. STUDY REGARDING FORECLOSURE ALTERNATIVES.[edit]

(a) IN GENERAL—
The Secretary of Housing and Urban Development shall conduct a study to review and analyze alternatives to foreclosure for homeowners whose principal residences are subject to federally-related mortgages (in connection with federally related mortgage loans, as such term is defined in section 3 of the Real Estate Settlement Procedures Act of 1974) under which the homeowner is in default. In conducting the study, the Secretary—
(1) may consult with any appropriate Federal agencies that make, insure, or guarantee mortgage loans relating to 1- to 4-family dwellings and with the Federal National Mortgage Association, the Federal Home Loan Mortgage Corporation, the Government National Mortgage Association, and the Federal Agricultural Mortgage Corporation; and
(2) shall review and assess the adequacy, with respect to providing alternatives to foreclosure, of—
(A) the temporary mortgage assistance payments program authorized under section 230 of the National Housing Act;
(B) the authority of the Secretary to modify interest rates and other terms of mortgages transferred to the Secretary under section 7(i) of the Department of Housing and Urban Development Act; and
(C) any authority pursuant to Debt Collection Act of 1982 to reduce interest rates on outstanding debt to the borrowing rate for the Treasury of the United States.
The Secretary shall evaluate alternatives to foreclosure based on fairness of the procedures to the homeowner and reducing adverse effects on the mortgage lending system.
(b) REPORT—
Not later than March 1, 1993, the Secretary shall submit a report to the Congress regarding the results of the study conducted under subsection (a). The report shall contain a detailed description and assessment of each alternative to foreclosure analyzed under the study and a statement by the Secretary regarding the intent of the Secretary to use any authority available under the provisions referred to in subsection (a)(2) to avoid foreclosure under mortgages (and any reasons for not using such authority). The report may also contain any recommendations of the Secretary for administrative or legislative action to assist homeowners to avoid foreclosure and any loss of equity in their mortgaged homes that may result from foreclosure.

SEC. 919. REGULATIONS CLARIFYING THE TERM `HOUSING FOR OLDER PERSONS'.[edit]

The Secretary of Housing and Urban Development shall, not later than 180 days after the date of the enactment of this Act, make rules defining what are ``significant facilities and services especially designed to meet the physical or social needs of older persons´´ required under section 807(b)(2) of the Fair Housing Act to meet the definition of the term ``housing for older persons´´ in such section.

SEC. 920. USE OF DOMESTIC PRODUCTS.[edit]

(a) PROHIBITION AGAINST FRAUDULENT USE OF `MADE IN AMERICA' LABELS—
A person shall not intentionally affix a label bearing the inscription of `Made in America', or any inscription with that meaning, to any product sold in or shipped to the United States, if that product is not a domestic product.
(b) REPORT—
The Secretary of Housing and Urban Development and the Secretary of Agriculture shall each submit, before January 1, 1994, a report to the Congress on procurements of products that are not domestic products.
(c) DEFINITIONS—
For the purposes of this section, the term `domestic product' means a product—
(1) that is manufactured or produced in the United States; and
(2) at least 50 percent of the cost of the articles, materials, or supplies of which are mined, produced, or manufactured in the United States.

SEC. 921. IMPROVED COORDINATION OF URBAN POLICY.[edit]

Title VII of the Housing and Urban Development Act of 1970 (42 U.S.C. 4501 et seq.) is amended—
(1) in section 702(d), by striking paragraph (8) and inserting the following:
``(8) increase coordination among Federal programs that seek to promote job opportunities and skills, decent and affordable housing, public safety, access to health care, educational opportunities, and fiscal soundness for urban communities and their residents.´´;
(2) in section 703(a)—
(A) by striking ``during February 1978, and during February of every even-numbered year thereafter,´´ and inserting ``, not later than June 1, 1993, and not later than the first day of June of every odd-numbered year thereafter,´´; and
(B) in paragraph (8), by striking ``such´´ and all that follows through the end of the sentence and inserting ``legislative or administrative proposals—
``(A) to promote coordination among Federal programs to assist urban areas;
``(B) to enhance the fiscal capacity of fiscally distressed urban areas;
``(C) to promote job opportunities in economically distressed urban areas and to enhance the job skills of residents of such areas;
``(D) to generate decent and affordable housing;
``(E) to reduce racial tensions and to combat racial and ethnic violence in urban areas;
``(F) to combat urban drug abuse and drug-related crime and violence;
``(G) to promote the delivery of health care to low-income communities in urban areas;
``(H) to expand educational opportunities in urban areas; and
``(I) to achieve the goals of the national urban policy.´´; and
(3) by adding at the end of section 703 the following new subsection:
``(d) REFERRAL— The National Urban Policy Report shall, when transmitted to Congress, be referred in the Senate to the Committee on Banking, Housing, and Urban Affairs, and in the House of Representatives to the Committee on Banking, Finance and Urban Affairs.´´.

SEC. 922. PROHIBITION OF LUMP-SUM PAYMENTS.[edit]

The Department of Housing and Urban Development Act (42 U.S.C. 3531 et seq.) is amended by adding at the end the following new section:
``PROHIBITION OF LUMP-SUM PAYMENTS
``SEC. 14. In providing relocation assistance in connection with any program administered by the Department of Housing and Urban Development, the Secretary may not make lump-sum payments to any displaced residential tenant, except where necessary to cover—
``(1) moving expenses;
``(2) a downpayment on the purchase of a replacement residence, including a condominium unit or membership in a cooperative housing association; or
``(3) any incidental expenses related to paragraph (1) or (2).'.

SEC. 923. ECONOMIC INDEPENDENCE.[edit]

The Secretary of Housing and Urban Development should immediately implement section 957 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12714). Other Federal agencies authorized to assist low-income families should take similar steps to encourage economic independence and the accumulation of assets.

SEC. 924. ADMINISTRATIVE PROVISION.[edit]

Subject to the availability of appropriations for this purpose, the Secretary of Housing and Urban Development shall cancel the indebtedness of the town of McLain, Mississippi, relating to the public facilities loan (Project No. MS 94-PFL39456). The town of McLain, Mississippi, is relieved of all liability to the Government for the outstanding principal balance on such loan, for the amount of accrued interest on such loan, and for any other fees and charges payable in connection with such loan.

SEC. 925. PERFORMANCE GOALS.[edit]

(a) PERFORMANCE GOALS FOR THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT—
(1) IN GENERAL—
The Secretary of the Department of Housing and Urban Development (hereafter in this Act referred to as the `Secretary') may establish performance goals for the major programs of the Department of Housing and Urban Development in order to measure progress towards meeting the objectives of national housing policy.
(2) FORM OF GOALS—
The performance goals referred to in paragraph (1) shall be expressed in terms sufficient to measure progress.
(3) REPORT—
The Secretary shall include in the Secretary's annual report to the Congress a description of the progress made in attaining the performance goals for each program, citing the results achieved in each program for the previous year.
(4) FAILURE TO MEET GOALS—
If a performance standard or goal has not been met, the description under paragraph (3) shall include an explanation of why the goal was not met, propose plans for achieving the performance goal, and recommend any legislative or regulatory changes necessary for achievement of the goal.
(b) PERFORMANCE GOALS FOR THE FARMERS HOME ADMINISTRATION—
(1) IN GENERAL—
The Secretary of Agriculture may establish performance goals for the major housing programs of the Farmers Home Administration in order to measure progress towards meeting the objectives of national housing policy.
(2) FORM OF GOALS—
The performance goals referred to in paragraph (1) shall be expressed in terms sufficient to measure progress.
(3) REPORT—
The Secretary of Agriculture shall prepare a report to the Congress on the progress made in attaining the performance goals for each program, citing the actual results achieved in such program for the previous year.
(4) FAILURE TO MEET GOALS—
If a performance standard or goal has not been met, the report under paragraph (3) shall include an explanation of why the goal was not met, propose plans for achieving the performance goal, and recommend any legislative or regulatory changes necessary for achievement of the goal.

SEC. 926. REGULATION OF CONSULTANTS.[edit]

Section 13(f)(1) of the Department of Housing and Urban Development Act (42 U.S.C. 3537b(f)(1)) is amended by striking `authority', `State', and `local government', and by adding immediately before the period at the end the following: `, but does not include a State or local government, or the officer or employee of a State or local government or housing finance agency thereof who is engaged in the official business of the State or local government'.

SEC. 927. CLARIFICATION ON UTILITY ALLOWANCES.[edit]

(a) ELIGIBILITY—
Tenants who—
(1) are responsible for making out-of-pocket payments for utility bills; and
(2) receive energy assistance through utility allowances that include energy costs under programs identified in subsection (c);
shall not have their eligibility or benefits under other programs designed to assist low-income people with increases in energy costs since 1978 (including but not limited to the Low-Income Home Energy Assistance Program) reduced or eliminated.
(b) EQUAL TREATMENT IN BENEFIT PROGRAMS—
Tenants described in subsection (a) shall be treated identically with other households eligible for such assistance, including in the determination of the home energy costs for which they are individually responsible and in the determination of their incomes.
(c) APPLICABILITY—
This section applies to programs under the United States Housing Act of 1937, the National Housing Act, section 101 of the Housing and Urban Development Act of 1965, section 202 of the Housing Act of 1959, and title V of the Housing Act of 1949.

SEC. 928. FLOOD CONTROL RESTORATION ZONE.[edit]

Section 1307 of the National Flood Insurance Act of 1968 is amended by adding at the end the following new subsection:
``(f) Notwithstanding any other provision of law, this subsection shall only apply in a community which has been determined by the Director of the Federal Emergency Management Agency to be in the process of restoring flood protection afforded by a flood protection system that had been previously accredited on a Flood Insurance Rate Map as providing 100-year frequency flood protection but no longer does so. Except as provided in this subsection, in such a community, flood insurance shall be made available to those properties impacted by the disaccreditation of the flood protection system at premium rates that do not exceed those which would be applicable to any property located in an area of special flood hazard, the construction of which was started prior to the effective date of the initial Flood Insurance Rate Map published by the Director for the community in which such property is located. A revised Flood Insurance Rate Map shall be prepared for the community to delineate as Zone AR the areas of special flood hazard that result from the disaccreditation of the flood protection system. A community will be considered to be in the process of restoration if—
``(1) the flood protection system has been deemed restorable by a Federal agency in consultation with the local project sponsor;
``(2) a minimum level of flood protection is still provided to the community by the disaccredited system; and
``(3) restoration of the flood protection system is scheduled to occur within a designated time period and in accordance with a progress plan negotiated between the community and the Federal Emergency Management Agency.
``Communities that the Director of the Federal Emergency Management Agency determines to meet the criteria set forth in paragraphs (1) and (2) as of January 1, 1992, shall not be subject to revised Flood Insurance Rate Maps that contravene the intent of this subsection. Such communities shall remain eligible for C zone rates for properties located in zone AR for any policy written prior to promulgation of final regulations for this section. Floodplain management criteria for such communities shall not require the elevation of improvements to existing structures and shall not exceed 3 feet above existing grade for new construction, provided the base flood elevation based on the disaccredited flood control system does not exceed five feet above existing grade, or the remaining new construction in such communities is limited to infill sites, rehabilitation of existing structures, or redevelopment of previously developed areas.
``The Director of the Federal Emergency Management Agency shall develop and promulgate regulations to implement this subsection, including minimum floodplain management criteria, within 24 months after the date of enactment of this subsection.´´.

SEC. 929. SALARIES AND EXPENSES.[edit]

Section 7 of the Department of Housing and Urban Development Act (42 U.S.C. 3535) is amended by inserting at the end the following new subsection:
``(s)(1) Notwithstanding any other provision of law, there is authorized to be appropriated for salaries and expenses to carry out the purposes of this section $988,000,000 for fiscal year 1993 and $1,029,496,000 for fiscal year 1994.
``(2) Of the amounts authorized to be appropriated by this section, $96,000,000 shall be available for each of the fiscal years 1993 and 1994, which amounts shall be used to provide staff in regional, field, or zone offices of the Department of Housing and Urban Development to review, process, approve, and service applications for mortgage insurance under title II of the National Housing Act for housing consisting of 5 or more dwelling units.
``(3) Of the amounts authorized to be appropriated to carry out this section, not less than $5,000,000 of such amount shall be available for each fiscal year exclusively for the purposes of providing ongoing training and capacity building for Department personnel.´´.

SEC. 930. THE NATIONAL CITIES IN SCHOOLS COMMUNITY DEVELOPMENT PROGRAM.[edit]

(a) PURPOSE—
The purposes of this section are—
(1) to empower the local community by investing in its human capital through a private-public partnership to rebuild urban and rural communities through schools and other community organizations, including public housing communities; and
(2) to ensure that by December 1997, the Cities in Schools Program, through the National Center for Partnership Development, will have developed the capacity to reach 500,000 at-risk youth and their families through community-wide programs that channel existing community resources to provide personal, coordinated and accountable support.
(b) GRANTS TO STRENGTHEN THE NATIONAL CITIES IN SCHOOLS PROGRAM—
The Secretary of Housing and Urban Development shall make grants to expand the National Cities in Schools Program and operations of the National Center for Partnership Development to—
(1) develop, establish, and support projects to strengthen local community dropout prevention programs in elementary and secondary schools;
(2) train community leaders responsible for the implementation of local community Cities in Schools dropout prevention programs; and
(3) disseminate to, and support replication by, States and communities of effective dropout prevention strategies.
(c) AUTHORIZATION—
There are authorized to be appropriated to carry out this section $10,000,000 for fiscal year 1993 and $10,420,000 for fiscal year 1994.

SEC. 931. BANK ENTERPRISE ACT OF 1991 AND RELATED PROVISIONS.[edit]

(a) ASSESSMENT RATE FOR LIFELINE ACCOUNT DEPOSITS—
Section 7(b)(10) of the Federal Deposit Insurance Act (12 U.S.C. 1817(b)(10)) (as added by section 232(b)(2) of the Bank Enterprise Act of 1991) is amended by striking ``at the assessment rate of 1/2 the maximum rate.' and inserting ``at an assessment rate to be determined by the Corporation by regulation. Such assessment rate may not be less than 1/2 the maximum assessment rate.´´.
(b) ASSESSMENT PROCEDURE—
Section 7(b)(2)(A)(iii)(I) of the Federal Deposit Insurance Act (12 U.S.C. 1917(b)(2)(A)(iii)(I)) (as added by section 232(b)(3)(C) of the Bank Enterprise Act of 1991) is amended to read as follows:
``(I) the assessment rate determined by the Corporation pursuant to paragraph (10) with respect to such semiannual period; and´´.
(c) QUALIFYING ACTIVITIES FOR ASSESSMENT CREDITS—
Section 233(a)(2) of the Bank Enterprise Act of 1991 (12 U.S.C. 1934a(a)(2)) is amended to read as follows:
``(2) QUALIFYING ACTIVITIES— An insured depository institution shall be eligible for any community enterprise assessment credit for any semiannual period for—
``(A) the amount, during such period, of new originations of qualified loans and other financial assistance provided for low- and moderate-income persons in distressed communities, or enterprises integrally involved with such neighborhoods, which the Board determines are qualified to be taken into account for purposes of this subsection; and
``(B) the amount, during such period, of deposits accepted from persons domiciled in the distressed community, at any office of the institution (including any branch) located in any qualified distressed community, and new originations of any loans and other financial assistance made within that community, except that in no case shall the credit for deposits at any institution or branch exceed the credit for loans and other financial assistance by the bank or branch in the distressed community.´´.
(d) AMOUNT OF ASSESSMENT CREDIT—
Section 233(a)(3) of the Bank Enterprise Act of 1991 (12 U.S.C. 1934a(a)(3)) is amended to read as follows:
``(3) AMOUNT OF ASSESSMENT CREDIT— The amount of any community enterprise assessment credit available under section 7(d)(4) of the Federal Deposit Insurance Act for any insured depository institution, or a qualified portion thereof, shall be the amount which is equal to 5 percent, in the case of an institution which does not meet the community development organization requirements under section 234, and 15 percent, in the case of an institution, or a qualified portion thereof, which meets such requirements (or any percentage designated under paragraph (5)) of—
``(A) for the first full semiannual period in which community enterprise assessment credits are available, the sum of—
``(i) the amounts of assets described in paragraph (2)(A); and
``(ii) the amounts of deposits, loans, and other financial assistance described in paragraph (2)(B); and
``(B) for any subsequent semiannual period, the sum of—
``(i) any increase during such period in the amount of assets described in paragraph (2)(A) that has been deemed eligible for credit by the Board; and
``(ii) any increase during such period in the amounts of deposits, loans, and other financial assistance described in paragraph (2)(B) that has been deemed eligible for credit by the Board.´´.
(e) ELIGIBILITY REQUIREMENTS FOR QUALIFIED DISTRESSED COMMUNITIES—
Section 233(b)(4) of the Bank Enterprise Act of 1991 (12 U.S.C. 1934a(b)(4)) is amended to read as follows:
``(4) ELIGIBILITY REQUIREMENTS— For purposes of this subsection, an area meets the requirements of this paragraph if the following criteria are met:
``(A) At least 30 percent of the residents residing in the area have incomes which are less than the national poverty level.
``(B) The unemployment rate for the area is 1 1/2 times greater than the national average (as determined by the Bureau of Labor Statistics' most recent figures).
``(C) Such additional eligibility requirements as the Board may, in its discretion, deem necessary to carry out the provisions of this subtitle.´´.

SEC. 932. DISCLOSURES UNDER THE HOME MORTGAGE DISCLOSURE ACT OF 1975.[edit]

(a) IN GENERAL—
Section 304 of the Home Mortgage Disclosure Act of 1975 (12 U.S.C. 2803) is amended by adding at the end the following new subsections:
``(j) LOAN APPLICATION REGISTER INFORMATION—
``(1) IN GENERAL— In addition to the information required to be disclosed under subsections (a) and (b), any depository institution which is required to make disclosures under this section shall make available to the public, upon request, loan application register information (as defined by the Board by regulation) in the form required under regulations prescribed by the Board.
``(2) FORMAT OF DISCLOSURE—
``(A) UNEDITED FORMAT— Subject to subparagraph (B), the loan application register information described in paragraph (1) may be disclosed by a depository institution without editing or compilation and in the format in which such information is maintained by the institution.
``(B) PROTECTION OF APPLICANT'S PRIVACY INTEREST— The Board shall require, by regulation, such deletions as the Board may determine to be appropriate to protect—
``(i) any privacy interest of any applicant, including the deletion of the applicant's name and identification number, the date of the application, and the date of any determination by the institution with respect to such application; and
``(ii) a depository institution from liability under any Federal or State privacy law.
``(C) CENSUS TRACT FORMAT ENCOURAGED— It is the sense of the Congress that a depository institution should provide loan register information under this section in a format based on the census tract in which the property is located.
``(3) CHANGE OF FORM NOT REQUIRED— A depository institution meets the disclosure requirement of paragraph (1) if the institution provides the information required under such paragraph in the form in which the institution maintains such information.
``(4) REASONABLE CHARGE FOR INFORMATION— Any depository institution which provides information under this subsection may impose a reasonable fee for any cost incurred in reproducing such information.
``(5) TIME OF DISCLOSURE— The disclosure of the loan application register information described in paragraph (1) for any year pursuant to a request under paragraph (1) shall be made—
``(A) in the case of a request made on or before March 1 of the succeeding year, before April 1 of the succeeding year; and
``(B) in the case of a request made after March 1 of the succeeding year, before the end of the 30-day period beginning on the date the request is made.
``(6) RETENTION OF INFORMATION— Notwithstanding subsection (c), the loan application register information described in paragraph (1) for any year shall be maintained and made available, upon request, for 3 years after the close of the 1st year during which such information is required to be maintained and made available.
``(7) MINIMIZING COMPLIANCE COSTS— In prescribing regulations under this subsection, the Board shall make every effort to minimize the costs incurred by a depository institution in complying with this subsection and such regulations.
``(k) DISCLOSURE OF STATEMENTS BY DEPOSITORY INSTITUTIONS—
``(1) IN GENERAL— In accordance with procedures established by the Board pursuant to this section, any depository institution required to make disclosures under this section—
``(A) shall make a disclosure statement available, upon request, to the public no later than 3 business days after the institution receives the statement from the Federal Financial Institutions Examination Council; and
``(B) may make such statement available on a floppy disc which may be used with a personal computer or in any other media which is not prohibited under regulations prescribed by the Board.
``(2) NOTICE THAT DATA IS SUBJECT TO CORRECTION AFTER FINAL REVIEW— Any disclosure statement provided pursuant to paragraph (1) shall be accompanied by a clear and conspicuous notice that the statement is subject to final review and revision, if necessary.
``(3) REASONABLE CHARGE FOR INFORMATION— Any depository institution which provides a disclosure statement pursuant to paragraph (1) may impose a reasonable fee for any cost incurred in providing or reproducing such statement.
``(l) PROMPT DISCLOSURES—
``(1) IN GENERAL— Any disclosure of information pursuant to this section or section 310 shall be made as promptly as possible.
``(2) MAXIMUM DISCLOSURE PERIOD—
``(A) 6- AND 9-MONTH MAXIMUM PERIODS— Except as provided in subsections (j)(5) and (k)(1) and regulations prescribed by the Board and subject to subparagraph (B), any information required to be disclosed for any year beginning after December 31, 1992, under—
``(i) this section shall be made available to the public before September 1 of the succeeding year; and
``(ii) section 310 shall be made available to the public before December 1 of the succeeding year.
``(B) SHORTER PERIODS ENCOURAGED AFTER 1994— With respect to disclosures of information under this section or section 310 for any year beginning after December 31, 1993, every effort shall be made—
``(i) to make information disclosed under this section available to the public before July 1 of the succeeding year; and
``(ii) to make information required to be disclosed under section 310 available to the public before September 1 of the succeeding year.
``(3) IMPROVED PROCEDURE— The Federal Financial Institutions Examination Council shall make such changes in the system established pursuant to subsection (f) as may be necessary to carry out the requirements of this subsection.´´.
(b) TECHNICAL AND CONFORMING AMENDMENT—
Section 304(c) of the Home Mortgage Disclosure Act of 1975 (12 U.S.C. 2803(c)) is amended by inserting ``, other than loan application register information under subsection (j),´´ after ``under this section´´.
(c) EFFECTIVE DATE—
The amendments made by subsections (a) and (b) shall apply with respect to information disclosed under section 304 of the Home Mortgage Disclosure Act of 1975 for any year which ends after the date of the enactment of this Act.

SEC. 933. PROHIBITION ON USE OF `RULE OF 78's' IN CONNECTION WITH MORTGAGE REFINANCINGS AND OTHER CONSUMER LOANS.[edit]

(a) PROMPT REFUND OF UNEARNED INTEREST REQUIRED—
(1) IN GENERAL—
If a consumer prepays in full the financed amount under any consumer credit transaction, the creditor shall promptly refund any unearned portion of the interest charge to the consumer.
(2) EXCEPTION FOR REFUND OF DE MINIMUS AMOUNT—
No refund shall be required under paragraph (1) with respect to the prepayment of any consumer credit transaction if the total amount of the refund would be less than $1.
(3) APPLICABILITY TO REFINANCED TRANSACTIONS AND ACCELERATION BY THE CREDITOR—
This subsection shall apply with respect to any prepayment of a consumer credit transaction described in paragraph (1) without regard to the manner or the reason for the prepayment, including—
(A) any prepayment made in connection with the refinancing, consolidation, or restructuring of the transaction; and
(B) any prepayment made as a result of the acceleration of the obligation to repay the amount due with respect to the transaction.
(b) USE OF `RULE OF 78'S' PROHIBITED—
For the purpose of calculating any refund of interest required under subsection (a) for any precomputed consumer credit transaction of a term exceeding 61 months which is consummated after September 30, 1993, the creditor shall compute the refund based on a method which is at least as favorable to the consumer as the actuarial method.
(c) STATEMENT OF PREPAYMENT AMOUNT—
(1) IN GENERAL—
Before the end of the 5-day period beginning on the date an oral or written request is received by a creditor from a consumer for the disclosure of the amount due on any precomputed consumer credit account, the creditor or assignee shall provide the consumer with a statement of—
(A) the amount necessary to prepay the account in full; and
(B) if the amount disclosed pursuant to subparagraph (A) includes an amount which is required to be refunded under this section with respect to such prepayment, the amount of such refund.
(2) WRITTEN STATEMENT REQUIRED IF REQUEST IS IN WRITING—
If the customer's request is in writing, the statement under paragraph (1) shall be in writing.
(3) 1 FREE ANNUAL STATEMENT—
A consumer shall be entitled to obtain 1 statement under paragraph (1) each year without charge.
(4) ADDITIONAL STATEMENTS SUBJECT TO REASONABLE FEES—
Any creditor may impose a reasonable fee to cover the cost of providing any statement under paragraph (1) to any consumer in addition to the 1 free annual statement required under paragraph (3) if the amount of the charge for such additional statement is disclosed to the consumer before furnishing such statement.
(d) DEFINITIONS—
For the purpose of this section—
(1) ACTUARIAL METHOD—
The term 'actuarial method' means the method of allocating payments made on a debt between the amount financed and the finance charge pursuant to which a payment is applied first to the accumulated finance charge and any remainder is subtracted from, or any deficiency is added to, the unpaid balance of the amount financed.
(2) CONSUMER, CREDIT—
The terms 'consumer' and 'creditor' have the meanings given to such terms in section 103 of the Consumer Credit Protection Act.
(3) CREDITOR— The term 'creditor'—
(A) has the meaning given to such term in section 103 of the Consumer Credit Protection Act; and
(B) includes any assignee of any creditor with respect to credit extended in connection with any consumer credit transaction and any subsequent assignee with respect to such credit.