HR 7480 — Disabled Veterans Housing Support Act

changes in existing law made by 
the bill, as reported, are shown as follows (new matter is 
printed in italics and existing law in which no change is 
proposed is shown in roman):

 HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974

TITLE I--COMMUNITY DEVELOPMENT

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 definitions

 Sec. 102. (a) As used in this title--
 (1) The term ``unit of general local government'' 
 means any city, county, town, township, parish, 
 village, or other general purpose political subdivision 
 of a State; Guam, the Northern Mariana Islands, the 
 Virgin Islands, and American Samoa, or a general 
 purpose political subdivision thereof; a combination of 
 such political subdivisions that, except as provided in 
 section 106(d)(4), is recognized by the Secretary; and 
 the District of Columbia. Such term also includes a 
 State or a local public body or agency (as defined in 
 section 711 of the Housing and Urban Development Act of 
 1970), community association, or other entity, which is 
 approved by the Secretary for the purpose of providing 
 public facilities or services to a new community as 
 part of a program meeting the eligibility standards of 
 section 712 of the Housing and Urban Development Act of 
 1970 or title IV of the Housing and Urban Development 
 Act of 1968.
 (2) The term ``State'' means any State of the United 
 States, or any instrumentality thereof approved by the 
 Governor; and the Commonwealth of Puerto Rico.
 (3) The term ``metropolitan area'' means a standard 
 metropolitan statistical area as established by the 
 Office of Management and Budget.
 (4) The term ``metropolitan city'' means (A) a city 
 within a metropolitan area which is the central city of 
 such area, as defined and used by the Office of 
 Management and Budget, or (B) any other city, within a 
 metropolitan area, which has a population of fifty 
 thousand or more. Any city that was classified as a 
 metropolitan city for at least 2 years pursuant to the 
 first sentence of this paragraph shall remain 
 classified as a metropolitan city. Any unit of general 
 local government that becomes eligible to be classified 
 as a metropolitan city, and was not classified as a 
 metropolitan city in the immediately preceding fiscal 
 year, may, upon submission of written notification to 
 the Secretary, defer its classification as a 
 metropolitan city for all purposes under this title, if 
 it elects to have its population included in an urban 
 county under subsection (d). Notwithstanding the second 
 sentence of this paragraph, a city may elect not to 
 retain its classification as a metropolitan city. Any 
 city classified as a metropolitan city pursuant to this 
 paragraph, and that no longer qualifies as a 
 metropolitan city in a fiscal year beginning after 
 fiscal year 1989, shall retain its classification as a 
 metropolitan city for such fiscal year and the 
 succeeding fiscal year, except that in such succeeding 
 fiscal year (A) the amount of the grant to such city 
 shall be 50 percent of the amount calculated under 
 section 106(b); and (B) the remaining 50 percent shall 
 be added to the amount allocated under section 106(d) 
 to the State in which the city is located and the city 
 shall be eligible in such succeeding fiscal year to 
 receive a distribution from the State allocation under 
 section 106(d) as increased by this sentence. Any unit 
 of general local government that was classified as a 
 metropolitan city in any fiscal year, may, upon 
 submission of written notification to the Secretary, 
 relinquish such classification for all purposes under 
 this title if it elects to have its population included 
 with the population of a county for purposes of 
 qualifying for assistance (for such following fiscal 
 year) under section 106 as an urban county under 
 paragraph (6)(D). Any metropolitan city that elects to 
 relinquish its classification under the preceding 
 sentence and whose port authority shipped at least 
 35,000,000 tons of cargo in 1988, of which iron ore 
 made up at least half, shall not receive, in any fiscal 
 year, a total amount of assistance under section 106 
 from the urban county recipient that is less than the 
 city would have received if it had not relinquished the 
 classification under the preceding sentence. 
 Notwithstanding any other provision of this paragraph, 
 with respect to any fiscal year beginning after 
 September 30, 2007, the cities of Alton and Granite 
 City, Illinois, shall be considered metropolitan cities 
 for purposes of this title.
 (5) The term ``city'' means (A) any unit of general 
 local government which is classified as a municipality 
 by the United States Bureau of the Census or (B) any 
 other unit of general local government which is a town 
 or township and which, in the determination of the 
 Secretary, (I) possesses powers and performs functions 
 comparable to those associated with municipalities, 
 (ii) is closely settled, and (iii) contains within its 
 boundaries no incorporated places as defined by the 
 United States Bureau of the Census which have not 
 entered into cooperation agreements with such town or 
 township to undertake or to assist in the undertaking 
 of essential community development and housing 
 assistance activities.
 (6)(A) The term ``urban county'' means any county 
 within a metropolitan area which--
 (I) is authorized under State law to 
 undertake essential community development and 
 housing assistance activities in its 
 unincorporated areas, if any, which are not 
 units of general local government; and
 (ii) either--
 (I) has a population of 200,000 or 
 more (excluding the population of 
 metropolitan cities therein) and has a 
 combined population of 100,000 or more 
 (excluding the population of 
 metropolitan cities therein) in such 
 unincorporated areas and in its 
 included units of general local 
 government (and in the case of counties 
 having a combined population of less 
 than 200,000, the areas and units of 
 general local government must include 
 the areas and units of general local 
 government which in the aggregate have 
 the preponderance of the persons of low 
 and moderate income who reside in the 
 county) (a) in which it has authority 
 to undertake essential community 
 development and housing assistance 
 activities and which do not elect to 
 have their population excluded, or (b) 
 with which it has entered into 
 cooperation agreements to undertake or 
 to assist in the undertaking of 
 essential community development and 
 housing assistance activities; or
 (II) has a population in excess of 
 100,000, a population density of at 
 least 5,000 persons per square mile, 
 and contains within its boundaries no 
 incorporated places as defined by the 
 United States Bureau of the Census.
 (B) Any county that was classified as an urban county 
 for at least 2 years pursuant to subparagraph (A), (C), 
 or (D) shall remain classified as an urban county, 
 unless it fails to qualify as an urban county pursuant 
 to subparagraph (A) by reason of the election of any 
 unit of general local government included in such 
 county to have its population excluded under clause 
 (ii)(I)(a) of subparagraph (A) or not to renew a 
 cooperation agreement under clause (ii)(I)(b) of such 
 subparagraph.
 (C) Notwithstanding the combined population amount 
 set forth in clause (ii) of subparagraph (A), a county 
 shall also qualify as an urban county for purposes of 
 assistance under section 106 if such county--
 (I) complies with all other requirements set 
 forth in the first sentence;
 (ii) has, according to the most recent 
 available decennial census data, a combined 
 population between 190,000 and 199,999, 
 inclusive (excluding the population of 
 metropolitan cities therein) in all its 
 unincorporated areas that are not units of 
 general local government and in all units of 
 general local government located within such 
 county;
 (iii) had a population growth rate of not 
 less than 15 percent during the most recent 10-
 year period measured by applicable censuses; 
 and
 (iv) has submitted data satisfactory to the 
 Secretary that it has a combined population of 
 not less than 200,000 (excluding the population 
 of metropolitan cities therein) in all its 
 unincorporated areas that are not units of 
 general local government and in all units of 
 general local government located within such 
 county.
 (D) Such term also includes a county that--
 (I) has a combined population in excess of 
 175,000, has more than 50 percent of the 
 housing units of the area unsewered, and has an 
 aquifer that was designated before March 1, 
 1987, a sole source aquifer by the 
 Environmental Protection Agency;
 (ii) has taken steps, which include at least 
 one public referendum, to consolidate 
 substantial public services with an adjoining 
 metropolitan city, and in the opinion of the 
 Secretary, has consolidated these services with 
 the city in an effort that is expected to 
 result in the unification of the two 
 governments within 6 years of the date of 
 enactment of the Housing and Community 
 Development Act of 1987;
 (iii) had a population between 180,000 and 
 200,000 on October 1, 1987, was eligible for 
 assistance under section 119 of the Housing and 
 Community Development Act of 1974 in fiscal 
 year 1986, and does not contain any 
 metropolitan cities;
 (iv) has entered into a local cooperation 
 agreement with a metropolitan city that 
 received assistance under section 106 because 
 of such classification, and has elected under 
 paragraph (4) to have its population included 
 with the population of the county for purposes 
 of qualifying as an urban county; except that 
 to qualify as an urban county under this clause 
 (I) the county must have a combined population 
 of not less than 195,000, (II) more than 15 
 percent of the residents of the county shall be 
 60 years of age or older (according to the most 
 recent decennial census data), (III) not less 
 than 20 percent of the total personal income in 
 the county shall be from pensions, social 
 security, disability, and other transfer 
 programs, and (IV) not less than 40 percent of 
 the land within the county shall be publicly 
 owned and not subject to property tax levies;
 (v)(I) has a population of 175,000 or more 
 (including the population of metropolitan 
 cities therein), (II) before January 1, 1975, 
 was designated by the Secretary of Defense 
 pursuant to section 608 of the Military 
 Construction Authorization Act, 1975 (Public 
 Law 93-552; 88 Stat. 1763), as a Trident 
 Defense Impact Area, and (III) has located 
 therein not less than 1 unit of general local 
 government that was classified as a 
 metropolitan city and (a) for which county each 
 such unit of general local government therein 
 has relinquished its classification as a 
 metropolitan city under the 6th sentence of 
 paragraph (4), or (b) that has entered into 
 cooperative agreements with each metropolitan 
 city therein to undertake or to assist in the 
 undertaking of essential community development 
 and housing assistance activities;
 (vi) has entered into a local cooperation 
 agreement with a metropolitan city that 
 received assistance under section 106 because 
 of such classification, and has elected under 
 paragraph (4) to have its population included 
 with the population of the county for the 
 purposes of qualifying as an urban county, 
 except that to qualify as an urban county under 
 this clause, the county must--
 (I) have a combined population of not 
 less than 210,000, excluding any 
 metropolitan city located in the county 
 that is not relinquishing its 
 metropolitan city classification, 
 according to the 1990 decennial census 
 of the Bureau of the Census of the 
 Department of Commerce;
 (II) including any metropolitan 
 cities located in the county, have had 
 a decrease in population of 10,061 from 
 1992 to 1994, according to the 
 estimates of the Bureau of the Census 
 of the Department of Commerce; and
 (III) have had a Federal naval 
 installation that was more than 100 
 years old closed by action of the Base 
 Closure and Realignment Commission 
 appointed for 1993 under the Base 
 Closure and Realignment Act of 1990, 
 directly resulting in a loss of 
 employment by more than 7,000 Federal 
 Government civilian employees and more 
 than 15,000 active duty military 
 personnel, which naval installation was 
 located within one mile of an 
 enterprise community designated by the 
 Secretary pursuant to section 1391 of 
 the Internal Revenue Code of 1986, 
 which enterprise community has a 
 population of not less than 20,000, 
 according to the 1990 decennial census 
 of the Bureau of the Census of the 
 Department of Commerce
 (vii)(I) has consolidated its government with one or more 
municipal governments, such that within the county boundaries 
there are no unincorporated areas; (II) has a population of not 
less than 650,000; (III) for more than 10 years, has been 
classified as a metropolitan city for purposes of allocating 
and distributing funds under section 106; and (IV) as of the 
date of enactment of this clause, has over 90 percent of the 
county's population within the jurisdiction of the consolidated 
government; or
 (viii) notwithstanding any other provision of this section, 
any county that was classified as an urban county pursuant to 
subparagraph (A) for fiscal year 1999, at the option of the 
county, may hereafter remain classified as an urban county for 
purposes of this Act.
 (E) Any county classified as an urban county pursuant 
 to subparagraph (A), (B), or (C) of this paragraph, and 
 that no longer qualifies as an urban county under such 
 subparagraph in a fiscal year beginning after fiscal 
 year 1989, shall retain its classification as an urban 
 county for such fiscal year and the succeeding fiscal 
 year, except that in such succeeding fiscal year (i) 
 the amount of the grant to such an urban county shall 
 be 50 percent of the amount calculated under section 
 106(b); and (ii) the remaining 50 percent shall be 
 added to the amount allocated under section 106(d) to 
 the State in which the urban county is located and the 
 urban county shall be eligible in such succeeding 
 fiscal year to receive a distribution from the State 
 allocation under section 106(d) as increased by this 
 sentence.
 (7) The term ``nonentitlement area'' means an area 
 which is not a metropolitan city or part of an urban 
 county and does not include Indian tribes.
 (8) The term ``population'' means total resident 
 population based on data compiled by the United States 
 Bureau of the Census and referable to the same point or 
 period in time.
 (9) The term ``extent of poverty'' means the number 
 of persons whose incomes are below the poverty level. 
 Poverty levels shall be determined by the Secretary 
 pursuant to criteria provided by the Office of 
 Management and Budget, taking into account and making 
 adjustments, if feasible and appropriate and in the 
 sole discretion of the Secretary, for regional or area 
 variations in income and cost of living, and shall be 
 based on data referable to the same point or period in 
 time.
 (10) The term ``extent of housing overcrowding'' 
 means the number of housing units with 1.01 or more 
 persons per room based on data compiled by the United 
 States Bureau of the Census and referable to the same 
 point or period in time.
 (11) The term ``age of housing'' means the number of 
 existing housing units constructed in 1939 or earlier 
 based on data compiled by the United States Bureau of 
 the Census and referable to the same point or period in 
 time.
 (12) The term ``extent of growth lag'' means the 
 number of persons who would have been residents in a 
 metropolitan city or urban county, in excess of the 
 current population of such metropolitan city or urban 
 county, if such metropolitan city or urban county had 
 had a population growth rate between 1960 and the date 
 of the most recent population count referable to the 
 same point or period in time equal to the population 
 growth rate for such period of all metropolitan cities. 
 Where the boundaries for a metropolitan city or urban 
 county used for the 1980 census have changed as a 
 result of annexation, the current population used to 
 compute extent of growth lag shall be adjusted by 
 multiplying the current population by the ratio of the 
 population based on the 1980 census within the 
 boundaries used for the 1980 census to the population 
 based on the 1980 census within the current boundaries. 
 Where the boundaries for a metropolitan city or urban 
 county used for the 1980 census have changed as a 
 result of annexation, the current population used to 
 compute extent of growth lag shall be adjusted by 
 multiplying the current population by the ratio of the 
 population based on the 1980 census within the 
 boundaries used for the 1980 census to the population 
 based on the 1980 census within the current boundaries.
 (13) The term ``housing stock'' means the number of 
 existing housing units based on data compiled by the 
 United States Bureau of the Census and referable to the 
 same point or period in time.
 (14) The term ``adjustment factor'' means the ratio 
 between the age of housing in the metropolitan city or 
 urban county and the predicted age of housing in such 
 city or county.
 (15) The term ``predicted age of housing'' means the 
 arithmetic product of the housing stock in the 
 metropolitan city or urban county multiplied times the 
 ratio between the age of housing in all metropolitan 
 areas and the housing stock in all metropolitan areas.
 (16) The term ``adjusted age of housing'' means the 
 arithmetic product of the age of housing in the 
 metropolitan city or urban county multiplied times the 
 adjustment factor.
 (17) The term ``Indian tribe'' means any Indian 
 tribe, band, group, and nation, including Alaska 
 Indians, Aleuts, and Eskimos, and any Alaskan Native 
 Village, of the United States, which is considered an 
 eligible recipient under the Indian Self-Determination 
 and Education Assistance Act (Public Law 93-638) or was 
 considered an eligible recipient under chapter 67 of 
 title 31, United States Code, prior to the repeal of 
 such chapter.
 (18) The term ``Federal grant-in-aid program'' means 
 a program of Federal financial assistance other than 
 loans and other than the assistance provided by this 
 title.
 (19) The term ``Secretary'' means the Secretary of 
 Housing and Urban Development.
 (20)(A) The terms ``persons of low and moderate 
 income'' and ``low- and moderate-income persons'' mean 
 families and individuals whose incomes do not exceed 80 
 percent of the median income of the area involved, as 
 determined by the Secretary with adjustments for 
 smaller and larger families. The term ``persons of low 
 income'' means families and individuals whose incomes 
 do not exceed 50 percent of the median income of the 
 area involved, as determined by the Secretary with 
 adjustments for smaller and larger families. The term 
 ``persons of moderate income'' means families and 
 individuals whose incomes exceed 50 percent, but do not 
 exceed 80 percent, of the median income of the area 
 involved, as determined by the Secretary with 
 adjustments for smaller and larger families. For 
 purposes of such terms, the area involved shall be 
 determined in the same manner as such area is 
 determined for purposes of assistance under section 8 
 of the United States Housing Act of 1937.
 (B) The Secretary may establish percentages of median 
 income for any area that are higher or lower than the 
 percentages set forth in subparagraph (A), if the 
 Secretary finds such variations to be necessary because 
 of unusually high or low family incomes in such area.
 (C) Service-connected disability 
 compensation.--When determining whether a 
 person is a person of low and moderate income, 
 a person of low income, or a person of moderate 
 income under this paragraph, a State, unit of 
 general local government, or Indian tribe shall 
 exclude any service-connected disability 
 compensation received by such person from the 
 Department of Veterans Affairs.
 (21) The term ``buildings for the general conduct of 
 government'' means city halls, county administrative 
 buildings, State capitol or office buildings, or other 
 facilities in which the legislative or general 
 administrative affairs of the government are conducted. 
 Such term does not include such facilities as 
 neighborhood service centers or special purpose 
 buildings located in low- and moderate-income areas 
 that house various nonlegislative functions or services 
 provided by government at decentralized locations.
 (22) The term ``microenterprise'' means a commercial 
 enterprise that has 5 or fewer employees, 1 or more of 
 whom owns the enterprise.
 (23) The term ``small business'' means a business 
 that meets the criteria set forth in section 3(a) of 
 the Small Business Act.
 (24) The term ``insular area'' means each of Guam, 
 the Northern Mariana Islands, the Virgin Islands, and 
 American Samoa.
 (b) Where appropriate, the definitions in subsection (a) 
shall be based, with respect to any fiscal year, on the most 
recent data compiled by the United States Bureau of the Census 
and the latest published reports of the Office of Management 
and Budget available ninety days prior to the beginning of such 
fiscal year. The Secretary may by regulation change or 
otherwise modify the meaning of the terms defined in subsection 
(a) in order to reflect any technical change or modification 
thereof made subsequent to such date by the United States 
Bureau of the Census or the Office of Management and Budget.
 (c) One or more public agencies, including existing local 
public agencies, may be designated by the chief executive 
officer of a State or a unit of general local government to 
undertake activities assisted under this title.
 (d) With respect to program years beginning with the program 
year for which grants are made available from amounts 
appropriated for fiscal year 1982 under section 103, the 
population of any unit of general local government which is 
included in that of an urban county as provided in subparagraph 
(A)(ii) or (D) of subsection (a)(6) shall be included in the 
population of such urban county for three program years 
beginning with the program year in which its population was 
first so included and shall not otherwise be eligible for a 
grant under section 106 as a separate entity, unless the urban 
county does not receive a grant for any year during such three-
year period.
 (e) Any county seeking qualification as an urban county, 
including any urban county seeking to continue such 
qualification, shall notify, as provided in this subsection, 
each unit of general local government, which is included 
therein and is eligible to elect to have its population 
excluded from that of an urban county under subsection 
(a)(6)(A)(ii)(I)(a), of its opportunity to make such an 
election. Such notification shall, at a time and in a manner 
prescribed by the Secretary, be provided so as to provide a 
reasonable period for response prior to the period for which 
such qualification is sought. The population of any unit of 
general local government which is provided such notification 
and which does not inform, at a time and in a manner prescribed 
by the Secretary, the county of its election to exclude its 
population from that of the county shall, if the county 
qualifies as an urban county, be included in the population of 
such urban county as provided in subsection (d).

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