Washington Report Archives

MAY 16, 1997


BUDGET AND APPROPRIATION ISSUES CONTINUE TO TIE UP CONGRESSIONAL ACTIVITY

Budget Agreement and Resolution
After prematurely announcing a budget deal more than two weeks ago, Congress and President Clinton have now finally reached an agreement to balance the federal budget by the year 2002. The basics of the final deal include $85 billion in net tax cuts and $204 billion in spending reductions over the next five years.

The budget accord will now be fashioned into a Budget Resolution by the House and Senate Budget Committees, go onto both bodies for approval and then finally onto a conference agreement. The respective Budget Resolutions are being drawn by the Committees today and throughout the weekend and could go to the floor of the House and the Senate for a vote as early as Tuesday of next week. Both the House and the Senate are keenly interested in completing action on the budget prior to the Memorial Day recess.

Once a single Budget Resolution is approved it will then be used as the foundation for FY98 and beyond, appropriations activity and the development of tax legislation. The Budget Resolution does not require official Presidential approval.

The three primary components of the budget agreement include:

Although, a Budget agreement has now been reached, the details thereof remain somewhat sketchy and several aspects of the pending Budget Resolution are cause for concern to community development and housing supporters.

The overall reduction in discretionary funding over the next five years is likely to impact each and every discretionary program, such as CDBG, HOME and other programs, to a greater or lesser degree. In addition, Representative Bud Shuster (R-PA), Chairman of the House Transportation and Infrastructure Committee, is scheduled to offer next week a floor amendment to the Budget Resolution to increase funding for transportation by $13 billion over the next five years. He proposes to fund this measure by cutting all discretionary spending by .44 percent and scale back proposed tax cuts by .44 percent. This would affect all discretionary spending, including CDBG, HOME and all HUD funding. Although, Shuster's proposal is quite dramatic and therefore less likely to pass, he has garnered the support of his entire Committee, totalling 73 members, both Democrats and Republicans, as well as the support of a considerable number of other members with important transportation projects slated for their districts.

The original expectation was that the budget deal also guaranteed adequate funding to cover HUD's Section 8 renewal crisis as well as protect the Low Income Housing Tax Credit, previously threatened, yet again with a sunset provision by Representative Bill Archer (R- TX), Chairman of the House Ways and Means Committee. However, the letter from House Speaker Newt Gingrich and Senate Majority Leader Trent Lott, which accompanied the budget agreement did not in fact contain this language and have left housing and community development advocates somewhat uncertain regarding the protection of these key issues.

Contrary to the customary single reconciliation measure, this year Congress will develop two budget reconciliation bills: one which will outline the spending reductions and the other for the tax package. If the Budget Committees are successful in moving the budget agreement through their committees quickly then it is likely that a resolution will be complete by May 23 and the reconciliation process can begin upon return of Congress in June.

FY97 Supplemental Appropriation Bill
Earlier this week, the House and the Senate passed their versions of the FY97 supplemental spending bill that will provide funds to clean up from flood-related disasters. The measures, which total $8.4 billion, contain $5.5 billion for disaster relief, $2 billion in peacekeeping funds, along with $826 million for veterans benefits and domestic non-emergency programs as well as money to continue SSI and health care benefits for elderly legal immigrants.

Both measures also contain a provision which pays for the disaster relief in part by eliminating nearly $3.6 billion in "excess" Section 8 low income housing subsidy funds, otherwise known as public housing authority reserve funds. Representative Mark Neumann (R-WI) in a last effort called for the withdrawal of the "Section 8 reserves rescission." HUD Secretary Andrew Cuomo has also vehemently opposed the use of these reserves to pay for disaster relief in statements to both Representative Jerry Lewis (R-CA) and Senator Christopher (Kit) Bond (R-MO), Chairmen of the House and Senate VA, HUD Appropriations Subcommittees respectively. However, both Representative Neumann's and Secretary Cuomo's efforts ultimately failed and the provision remains within the disaster relief measure.

President Clinton has vowed to veto any measure that contains permanent enactment of a Continuing Resolution (CR) designed to provide automatic funding in instances when the appropriations bills have not been signed into law by the October 1 start of the new fiscal year. Funding would be provided at the previous years' funding levels or less and would continue until Congress appropriates funds or the fiscal year ends. Both the Senate and the House supplemental spending bills contain such a provision. As the bills move into conference next week, it will remain to be seen as to whether or not the automatic resolution provision will remain intact.

In addition, the Senate version of the supplemental spending bill includes a "compromise" provision which will allow the Census Bureau to continue "developing" its plan to use sampling in the 2000 census, "as long as it doesn't make any irreversible decisions." This language is an improvement over the original provision contained in the Committee draft which completely prohibited the Census Bureau from collecting sampling data in the 2000 census and in essence render the CDBG formula unusable since there would no longer be "age of housing" or "poverty" data available from the Census. However the measure still significantly curtails the Bureau's ability to conduct critical data sampling and gives all of the power of determination to Congress. The House version of the supplemental spending measure, approved by the House last week, does not contain any language on the census.

Congressional Leadership has indicated that they expect to complete work on the entire supplemental measure by May 23.

Appropriations Activity
On May 13, HUD Secretary Andrew Cuomo testified before the Senate VA, HUD and Independent Agencies Appropriations Subcommittee, chaired by Senator Christopher (Kit) Bond (R-MO) concerning the FY98 HUD Appropriations. He was met with a cooler reception than in previous hearings and Chairman Bond made a strong statement regarding HUD's "need to prove itself." "Nothing at HUD presently convinces me that these issues [those identified in the 1994 report on HUD by the National Academy of Public Administration (NAPA)] have been adequately addressed," stated Bond.

Senator Bond did take this opportunity to praise the CDBG and HOME programs for their success due to their ability to leverage additional dollars and the extent of local control. He urged HUD to focus all of their programs in this direction - increased leveraging and local decisionmaking.

The House HUD Appropriations Subcommittee held hearings in April, but has not yet scheduled a markup. No date has been set for the full Senate Appropriations Committee to mark up the HUD spending plan either. With the 602(b) allocations for HUD not yet designated by the Budget Committees and action on the Budget Resolution still incomplete, the appropriators are not likely to proceed much further in the allocation process until after they return from the Memorial Day recess on June 3.

PUBLIC HOUSING REFORM LEGISLATION PASSES HOUSE AND AWAITS FURTHER ACTION IN THE SENATE

On May 14, H.R. 2, "The Housing Opportunity and Responsibility Act" finally passed the House with a vote of 293-132 after extensive debate and countless amendments lasting over two weeks. During the final hours of debate over the public housing reform measure Representative Joseph Kennedy (R-MA) offered H.R. 1447, "Public Housing Reform Act of 1997", the Administration's bill, as a replacement piece of legislation. However, his amendment was summarily defeated.

H.R. 2 still contains some of the controversial elements pertaining to community development and housing such as: the "Home Rule Provision"/Title IV, which allows jurisdictions to undertake a performance-based contract with HUD for the use of public housing and assisted housing funds; and, the "CDBG Sanction Provision", which permits the Secretary of HUD to withhold CDBG funds from a local government if the local public housing authority is designated as troubled and the local government is deemed partially responsible.

H.R. 2 - "Housing Opportunity and Responsibility Act of 1997"

Some of the key elements in H.R. 2 are:

S. 462, "Public Housing Reform and Responsibility Act of 1997"

The Senate public housing bill, S. 462, "Public Housing Reform and Responsibility Act of 1997" was approved by the Senate Banking and Urban Affairs Committee last week on May 8, with very few changes from the original version. S. 462 is very similar to the public housing legislation that the Senate passed last year.

Some of the key provisions include:

The Senate bill does not include a CDBG sanctions provision nor a "Home Rule" title.

Next Steps
With Senate Banking Committee action complete on S. 462, the public housing reform measure awaits time on the floor of the Senate. However, it is unclear at this time when the Senate bill will come up for a vote since the Senate is presently tied up with budget issues. Once the Senate has completed action on S. 462, public housing reform can move to Conference. Although, given the significant differences that still lie between the House and the Senate bills and the controversial nature of the House bill in and of itself, it is difficult to predict how quickly the House and Senate will be able to conference on these bills.

HUD AND THE SENATE PROPOSE MEASURES TO ADDRESS THE IMPENDING SECTION 8 CRISIS

Recently, the U.S. Department of Housing and Urban Development (HUD) and U.S. Department of Treasury unveiled a legislative proposal, entitled, "Housing 2020: Multifamily Management Reform" to address one of HUD's toughest problems: expiring Section 8 rental assistance contracts that threaten to consume much of HUD's budget. The Administration is now looking for Congressional support to introduce "Housing 2020" as a legislative package. As you are already aware, Section 8 contracts lock HUD into paying what are at times excessive subsidies to landlords of assisted housing. According to HUD, "Housing 2020: Multifamily Management Reform" will allow the Department to reduce its above-market rental payments to market levels and, at the same time, reduce FHA-insured debt on the properties. The proposal is designed to save the federal government $1.4 billion over five years. More importantly, it will help stave off dramatic cuts in key HUD programs, including CDBG and HOME.

Over the next few years, Section 8 contracts with thousands of landlords will expire. The contracts, which enable 850,000 people to live in over 500,000 apartments nationwide, will default if additional funding is not made available to renew them. For FY98 alone, $9.7 billion will be needed to accomplish such renewal -- a figure representing nearly half of HUD's entire FY97 budget. Further complicating the issue, Congress is considering eliminating nearly $3.6 billion in Section 8 reserves and using the funds to offset spending on disaster relief and peacekeeping.

Specifically, "Housing 2020" will restructure HUD's multifamily housing portfolio -- the largest of its kind in the world -- through several different avenues:

Additionally, tenant-based vouchers will be given to tenants unless those tenants: 1) reside in properties that serve elderly and/or handicapped and/or 2) are located in a market with less than 6 percent vacancy rate.

Understanding the urgency of HUD's proposal, the House of Representatives is expected to introduce a version of "Housing 2020" shortly. As HUD's Assistant Secretary for Housing Nicolas P. Retsinas remarked in a briefing before the U.S. Conference of Mayors (USCM), regarding "Housing 2020", "There is a certain inevitability to our proposal."

Last month, Senator Connie Mack (R-FL) introduced a similar response to the expiring contracts. The measure, S. 513, also reduces rents and restructures underlying debt insured by the FHA. Unlike HUD's measure, however, S. 513 would not ease the tax consequences of restructuring debt. Under the HUD proposal, landlords may amortize the tax liability incurred due to restructuring for a period of years, depending on the percentage of debt forgiven.

While supporting HUD's overall goals, NCDA, in conjunction with the USCM and other national representatives for state and local governments and non-profits, are currently drafting recommendations to improve and clarify the proposal, including language to emphasize the need for Congress to approve additional budget outlays.

SECTION 108 LOAN GUARANTEE UNDERWRITING GUIDELINES -- STILL AWAITING RELEASE

NCDA met with HUD more than two months ago regarding issues of concern over the CDBG Section 108 underwriting guidelines currently under final review at HUD, and the Department indicated at that time that they would be publishing guidelines in the next month. However,

publication has now been delayed several months and there is no indication regarding when they will ultimately be released.

Increased attention has been brought to the issue from a congressional standpoint since Representative Chaka Fattah (D-PA) has been promoting a draft bill entitled "American Cities' Investment Act", designed to significantly expand the borrowing ability of the 108 program. Fattah's bill radically expands the program, while OMB and HUD's latest guidelines significantly reduce the usage of the program. This mismatch has been brought to the attention of Representative Fattah's office and his staff has pledged to investigate OMB's interpretation of the Credit Reform Act as it relates to the Section 108 program and HUD's statutory ability to require the type of collateralization requirements for which they are presently prescribed.

Further news will be forthcoming. In the meantime, members of the NCDA 108 Task Force has begun to experiment with the Price Waterhouse Section 108 pricing model to better determine the impact of the new guidelines and subsequent pricing model on the nature of their existing 108 loans. HUD DELAYS RELEASE OF CPS+ SOFTWARE AND CHANGES NAME TO "COMMUNITIES 2020"

Due to several recent changes to the HUD-CPS+ software release is not expected until late June or early July. A large reason for the delay is due to inclusion of public housing, FHA single and multi-family, state-run CDBG projects and other CPD competitive grant programs, such as the Section 108, EDI, Youthbuild, EZ/EC and homeless assistance program data in the software package. The Department also intends to add the remaining HUD data, such as 202, 811 and additional FHA data later in the year and finally incorporate the Maptitude program into the entire system, thereby fulfilling Secretary Cuomo's overall goal of creating department-wide planning and tracking software.

HUD INTRODUCES NEW LEAD-BASED PAINT INITIATIVES

HUD recently announced two new initiatives to help buyers of HUD-owned single-family properties finance lead-based paint inspections and repairs. Under the first initiative, HUD provides a credit off the purchase price for buyers who have a lead-based point inspection, risk assessment and estimate of work done on homes built before 1978. The credit may not exceed $450 or 50% of the cost. Buyers also can choose to finance the cost of a lead-based paint inspection, rick assessment, work estimate and treatment as part of the mortgage under the new Section 203(b) Lead-Based Point Repair Escrow Program.

To qualify for the Escrow Program, owner occupants and investors must indicate in the lead- based point addendum to the sales contract that they wish to conduct a risk assessment or

inspection. Eligible properties are those constructed before 1978 that do not need repairs to meet HUD minimum property standards.

Covered costs under the new Escrow Program are limited to 10 percent of the sales price or $5,000 whichever is less. Lead-based paint repairs costing more than $5,000 can be financed under the Section 203(k) Rehabilitation Home Mortgage Insurance Program.

PLANS FOR NATIONAL HOMEOWNERSHIP WEEK WELL UNDERWAY

National Homeownership Week, June 7-14, 1997 is just a few short weeks away. NCDA members should be planning activities around this week to highlight homeownership projects currently underway in their community. A guidebook to developing Homeownership Week was sent out in the NCDA Washington Report, 3/12/97. For an additional copy contact, NCDA. As noted below, NCDA and HUD will be kicking off, National Homeownership Week on June 8 at the Annual Conference in Chicago, IL

NOFA AVAILABLE FOR HOPWA PROGRAM On May 7, the Department of Housing and Urban Development (HUD) announced the availability of $19.6 million in funds to be allocated by competition for housing assistance and supportive services under the Housing Opportunities for Persons with AIDS (HOPWA) program. The Notice of Funding Availability (NOFA) contains information concerning eligible applicants, the funding available and the categories of assistance.

Projects for low-income persons with HIV/AIDS and their families will be funded under three categories of assistance: Special Projects of National Significance (SPNS), projects under the HIV Multiple-Diagnoses Initiatives (MDI) and grants for projects for eligible persons in areas that do not receive HOPWA formula allocations.

All applications are due at HUD Headquarters before midnight, July 15, 1997.

For a copy of the application package and supplemental information, call HUD's Community Connections Information Center at 1-800-998-9999. You may also obtain an electronic copy of the NOFA, a HOPWA application form and a list of answered Frequently Asked Questions (FAQ) via HUD's World Wide Web site. Just point your browser to www.hud.gov/ fundopp.html.

HOMELESS ASSISTANCE NOFA DEADLINE EXTENDED TO JULY 31, 1997

HUD just recently extended the application submission deadline for the Continuum of Care NOFA published in the Federal Register on April 8. The original NOFA deadline was July 8, but it has now been extended to July 31, 1997 to allow communities more time to analyze

the homeless assistance gaps that exist in their communities. For copies of the application call, Community Connections 1-800-998-9999.

FINAL PREPARATIONS FOR NCDA ANNUAL CONFERENCE UNDERWAY

The final preparations for the NCDA Annual Meeting, June 7-10, 1997, are underway. The Conference will be held at The Palmer House Hilton Hotel located at 17 East Monroe Street, in the heart of downtown Chicago.

Please note, for those of you arriving early on Saturday and wish to register early, the NCDA Registration Desk will be open on Saturday, June 7 from 12:00 noon until 5:00 p.m. for your convenience.

Some of the workshop highlights include:

Saturday, June 7
The Annual Conference program kicks off Saturday afternoon, June 7, with two half-day sessions. These sessions include, "CDBG: Nuts and Bolts", a workshop, that is back by popular demand, designed to provide the basic elements of how to establish and implement a successful local community development (CDBG) program. We have also scheduled a new companion session entitled, "The Ins and Outs of HOME -- A Refresher Course". This "refresher" course on the Home Investment Partnerships (HOME) Program will provide a background on the basics of the HOME program as well as the changes that have resulted from the publication of the HOME Final Rule. A registration form has been enclosed in this mailing. If you or a member of your staff are planning on attending one of these workshops, please register NOW, as the sessions do require a base level of attendance in order to guarantee top session quality.

Sunday, June 8
Dignitaries such as Senators Carol Moseley-Braun and Richard Durbin and HUD Secretary Andrew Cuomo and Assistant Sectary Nicolas Retsinas have been invited to join NCDA at the Welcoming Brunch on Sunday morning, where NCDA, HUD and The Chicago Partners will kick-off the beginning of National Homeownership Week, June 7-14. "Chicago Partners in the American Dream." or "The Chicago Partners," consists of lender, housing and development leaders, working to create 5,000 homeownership opportunities in nine to twelve focused areas within Chicago by the year 2000.

The remainder of Sunday is devoted to professional development and Association business, including Regional Caucuses and NCDA Committee meetings.

Special Conference Event - Chicago Blues Festival. The "Chicago Blues Festival" is famous throughout the country and Conference attendees and their guests will be able to stroll through the Festival for hours taking in all the fabulous music, excitement and good food.

Monday, June 9
The highlight of Monday morning is a Bus Tour of a variety of Chicago City community development and housing projected narrated by expert City program staff. Following the bus tour is an afternoon filled with thought provoking and interactive concurrent workshops and topical round tables.

Four Concurrent Sessions have been scheduled for the Annual Conference. They include: "Natural Disasters!! Is Your Community Prepared?: A Disaster Management Session", a session developed out of an NCDA technical assistance project currently underway to help local governments deal with disasters and identify the roles, responsibilities and duties of local players in the aftermath of a natural disaster; "Micro-Enterprises: Opening Up New Opportunities for Community Economic Empowerment", a forum to discuss the latest breakthroughs in the development and use of micro- enterprises and their role in local economic development strategies and responses to welfare reform; "Homeownership Zones: How to Make Them Work in Your Community", will provide conference attendees with a rare opportunity to hear from the most recent Homeownership Zone award winners regarding the development and pending implementation of their projects. With a second round NOFA only a month or two away, this session is both timely and instructional to those communities interested in this revitalization concept; and, "Supportive Services and the Continuum of Care: Maximizing Housing Options in Your Community", a session developed by the City of Chicago highlighting the integration of public services and housing options to provide low and moderate income individuals with a seamless passage from homeless shelters and assisted housing to permanent housing and homeownership.

A series of Topical Roundtables have also been scheduled to provide members with the opportunity to discuss in detail specific "hot issues" in small group settings. The titles include: "Section 108 - New Guidelines and New Direction"; "The Latest About IDIS"; "Brownfields - Industrial Retention/Development"; "Lead Based Paint and it's Significant Impact on Housing Development"; "Fair Housing Plans -- Is Your Community Housing Fairly?"; and, "HUD's Multifamily Reengineering Demonstration -- A Top Administration Priority."

Welcoming Reception: The annual reception will be held from 6:00 - 8:00 p.m. at the Chicago Cultural Center and will feature NCDA's trademark good time and presentations from our host Mayor Richard Daley and Chairman and CEO of First Chicago Bank, Verne Istock. Plan to join in!

Tuesday, June 10
The important HUD Briefings session will begin at 8:30 a.m. and will feature HUD program staff from headquarters responsible for overall administration of the CDBG, HOME, and homeless programs and Section 108 programs on hand to address your questions.

The Technical Session has been moved to 12:30 - 2:00 p.m. on the final day and is entitled, "The "TEAM" Approach to Housing for Homeownership -- A Successful Model of Public and Private Collaboration on the Local Level". This important session will outline how a strategic plan and a "team" or "local partnership approach", between local government, lenders, private developers, nonprofits and others can more readily provide results for local building and rebuilding of communities. The team approach has proven to be very effective in bringing together the public and private sectors in housing development -- don't miss this session!!

For those who will be staying in Chicago on Tuesday evening, please join us for the Chicago Cubs baseball game. (Tickets should have been reserved already - payment will be required at registration.)

FEDERAL REGISTER NOTICES
Notice of Funding Availability (NOFA) for Family Self-Sufficiency (FSS) Program Coordinators for the Section 8 Rental Certificate and Rental Voucher Programs
-- FR 62 23912-23914, 5/1/97 - This NOFA announces the availability of up to $15 million in FY97 to fund Section 8 FSS program coordinators.

Notice of FY97 Funding Availability (NOFA) for HUD-Approved Housing Counseling Agencies -- FR 62 23915-23925, 5/1/97 - This NOFA announces the availability of up to $13.125 million in FY97 to fund housing counseling agencies. Applications due by June 2, 1997.

Notice of FY97 Funding Availability (NOFA) for Comprehensive Improvement Assistance Program (CIAP) -- FR 62 23928-23936, 5/1/97.

Notice of Funding Availability (NOFA)for Housing Opportunities for Persons with AIDS (HOPWA) -- FR 62 25082-25097, 5/7/97 - This NOFA announces the availability of $19.6 million available for HOPWA projects. Application due date is July 7, 1997. Applications can be obtained by calling Community Connections, 1-800-998-9999.

Announcement of Funding Awards: Fair Housing Initiatives Program FY96 -- FR 62 24964-24966, 5/7/97. Announcing the award of $12.106 million in funds to 41 organizations.

Interim Final Rule: Rural Housing Service: Rural Rental Housing Assistance (RRH) -- FR 62 25062- 25071, 5/7/97 - Implementation of reforms in the Section 515 Rural Rental Housing Program. Effective date July 7, 1997. Comments welcome.

Final Rule: Rural Housing Service: Processing Requests for Section 515 Rural Rental Housing Loans (RRH) -- FR 62 25071-25077, 5/7/97 - Implementation of reforms to improve the processing procedures for the Section 515 Rural Rental Housing Loan Program. Effective date June 6 1997.

Notice of Funding Availability (NOFA): Rural Housing Service: Section 515 Rural Rental Housing Program (RRH) -- FR 62 25078-25080, 5/7/97 - Closing date June 16, 1997. Applicants wishing to apply for assistance should contact the Rural Development State Office.

Notice of Proposal Deadlines and Guidelines -- FR 62 24915-24918, 5/7/97 - The Environmental Protection Agency's (EPA) Brownfields Economic Redevelopment Initiative is making awards cleanup revolving loan funds and pilots. To date, EPA has funded 78 pilots, each $200,000 over two years. For a copy call NCDA.

Notice of Funding Availability (NOFA) for FY97 Historically Black Colleges and Universities Program; Expanding HUD Partnerships for Neighborhood and Community Revitalization -- FR 62 26180-26189, 5/12/97 - This NOFA announces the availability of $6.5 million in FY97 funding for the Historically Black Colleges and Universities (HBCU). One half of the funds available will be made available to HBCU not previously funded under this program. Application due date, July 28, 1997. For a copy of the application package and supplemental information, please call Community Connections at 1-800-998-9999.

Notice of the Availability of Funds (NOFA): Research and Evaluation, National Technical Assistance, Request for Proposals -- FR 62 26192-26198, 5/12/97 - A total of $328,500 is available for EDA for all of its programs in FY97. Prospective applicants are advised that EDA will conduct a pre-proposal conference on May 23 at the Department of Commerce, for those unable to attend there is a teleconference scheduled for May 22. Call (202) 482-4085. Initial proposals for funding will accepted through June 9, 1997. For further information call John McNamee (202) 482-4085.

Final Rule: Rural Housing Service, Rural Business-Cooperative Service, Rural Utilities Service and Farm Service Agency -- FR 62 26207-26212, 5/13/97 - Amendment of the Housing Preservation Grant regulations. Effective June 12, 1997.

HUD PUBLICATION

A Contractor's Guide to Davis-Bacon Requirements and Certified Payroll Reports: Prevailing Wage Requirements for Federal and Federally-assisted Construction Projects - March, 1997, HUD, Office of Labor Relations - A layman's guide to the requirements of contractors and subcontractors for Davis- Bacon eligible projects. For a copy call NCDA. For more information or to order the Davis-Bacon Wage Determination Database, call NTIS at (703) 487-4630.


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