[Congressional Record Volume 142, Number 33 (Tuesday, March 12, 1996)]
[Senate]
[Pages S1900-S1903]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




           HOUSING OPPORTUNITY PROGRAM EXTENSION ACT OF 1995

  Mr. BURNS. Mr. President, I ask that the Chair lay before the Senate 
a message from the House on S. 1494, a bill to provide an extension for 
fiscal year 1996 for certain programs administered by the Secretary of 
Housing and Urban Development and the Secretary of Agriculture, and for 
other purposes.
  The PRESIDING OFFICER laid before the Senate the following message 
from the House of Representatives:

       Resolved, That the bill from the Senate (S. 1494) entitled 
     ``An Act to provide an extension for fiscal year 1996 for 
     certain programs administered by the Secretary of Housing and 
     Urban Development and the Secretary of Agriculture, and for 
     other purposes.'', do pass with the following amendment:
       Strike out all after the enacting clause, and insert:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Housing Opportunity Program 
     Extension Act of 1996''.

     SEC. 2. MULTIFAMILY HOUSING ASSISTANCE.

       (a) Section 8 Contract Renewal.--Notwithstanding section 
     405(b) of the Balanced Budget Downpayment Act, I (Public Law 
     104-99; 110 Stat. 44), at the request of the owner of any 
     project assisted under section 8(e)(2) of the United States 
     Housing Act of 1937 (as such section existed immediately 
     before October 1, 1991), the Secretary of Housing and Urban 
     Development may renew, for a period of 1 year, the contract 
     for assistance under such section for such project that 
     expires or terminates during fiscal year 1996 at current rent 
     levels.
       (b) Low-Income Housing Preservation.--
       (1) Use of amounts.--Notwithstanding any provision of the 
     Balanced Budget Downpayment Act, I (Public Law 104-99; 110 
     Stat. 26) or any other law, the Secretary shall use the 
     amounts described in paragraph (2) of this subsection under 
     the authority and conditions provided in the 2d undesignated 
     paragraph of the item relating to ``Housing Programs--annual 
     contributions for assisted housing'' in title II of the bill, 
     H.R. 2099 (104th Congress), as passed the House of 
     Representatives on December 7, 1995; except that for purposes 
     of this subsection, any reference in such undesignated 
     paragraph to March 1, 1996, shall be construed to refer to 
     April 15, 1996, any reference in such paragraph to July 1, 
     1996, shall be construed to refer to August 15, 1996, and any 
     reference in such paragraph to August 1, 1996, shall be 
     construed to refer to September 15, 1996.
       (2) Description of amounts.--Except as otherwise provided 
     in any future appropriation Act, the amounts described under 
     this paragraph are any amounts that--
       (A) are--
       (i) unreserved, unobligated amounts provided in an 
     appropriation Act enacted before the date of the enactment of 
     this Act;
       (ii) provided under the Balanced Budget Downpayment Act, I; 
     or
       (iii) provided in any appropriation Act enacted after the 
     date of the enactment of this Act; and
       (B) are provided for use in conjunction with properties 
     that are eligible for assistance under the Low-Income Housing 
     Preservation and Resident Homeownership Act of 1990 or the 
     Emergency Low Income Housing Preservation Act of 1987.

     SEC. 3. COMMUNITY DEVELOPMENT BLOCK GRANTS.

       (a) Direct Homeownership Activities.--Notwithstanding the 
     amendments made by section 907(b)(2) of the Cranston-Gonzalez 
     National Affordable Housing Act, section 105(a)(25) of the 
     Housing and Community Development Act of 1974, as in 
     existence on September 30, 1995, shall apply to the use of 
     assistance made available under title I of the Housing and 
     Community Development Act of 1974 during fiscal year 1996.
       (b) Increase in Cumulative Limit.--Section 108(k)(1) of the 
     Housing and Community Development Act of 1974 (42 U.S.C. 
     5308(k)(1)) is

[[Page S1901]]

     amended by striking ``$3,500,000,000'' and inserting 
     ``$4,500,000,000''.

     SEC. 4. EXTENSION OF RURAL HOUSING PROGRAMS.

       (a) Underserved Areas Set-Aside.--Section 509(f)(4)(A) of 
     the Housing Act of 1949 (42 U.S.C. 1479(f)(4)(A)) is 
     amended--
       (1) in the first sentence, by striking ``fiscal years 1993 
     and 1994'' and inserting ``fiscal year 1996''; and
       (2) in the second sentence, by striking ``each''.
       (b) Rural Multifamily Rental Housing.--Section 515(b)(4) of 
     the Housing Act of 1949 (42 U.S.C. 1485(b)(4)) is amended by 
     striking ``September 30, 1994'' and inserting ``September 30, 
     1996''.
       (c) Rural Rental Housing Funds for Nonprofit Entities.--The 
     first sentence of section 515(w)(1) of the Housing Act of 
     1949 (42 U.S.C. 1485(w)(1)) is amended by striking ``fiscal 
     years 1993 and 1994'' and inserting ``fiscal year 1996''.

     SEC. 5. LOAN GUARANTEES FOR MULTIFAMILY RENTAL HOUSING IN 
                   RURAL AREAS.

       (a) In General.--The provisions of section 5 of the bill, 
     H.R. 1691 (104th Congress), as passed the House of 
     Representatives on October 30, 1995, are hereby enacted into 
     law.
       (b) Technical Amendment.--Section 538 of the Housing Act of 
     1949 (as added by the amendment made pursuant to subsection 
     (a) of this section) is amended by striking ``Homesteading 
     and Neighborhood Restoration Act of 1995'' each place it 
     appears and inserting ``Housing Opportunity Program Extension 
     Act of 1996''.

     SEC. 6. EXTENSION OF FHA MORTGAGE INSURANCE PROGRAM FOR HOME 
                   EQUITY CONVERSION MORTGAGES.

       (a) Extension of Program.--The first sentence of section 
     255(g) of the National Housing Act (12 U.S.C. 1715z-20(g)) is 
     amended by striking ``September 30, 1996'' and inserting 
     ``September 30, 2000''.
       (b) Limitation on Number of Mortgages.--The second sentence 
     of section 255(g) of the National Housing Act (12 U.S.C. 
     1715z-20(g)) is amended by striking ``30,000'' and inserting 
     ``50,000''.
       (c) Eligible Mortgages.--Section 255(d)(3) of the National 
     Housing Act (12 U.S.C. 1715z-20(d)(3)) is amended to read as 
     follows:
       ``(3) be secured by a dwelling that is designed principally 
     for a 1- to 4-family residence in which the mortgagor 
     occupies 1 of the units;''.

     SEC. 7. LIMITATION ON GNMA GUARANTEES OF MORTGAGE-BACKED 
                   SECURITIES.

       Section 306(g)(2) of the Federal National Mortgage 
     Association Charter Act (12 U.S.C. 1721(g)(2)) is amended to 
     read as follows:
       ``(2) Notwithstanding any other provision of law and 
     subject only to the absence of qualified requests for 
     guarantees, to the authority provided in this subsection, and 
     to the extent of or in such amounts as any funding limitation 
     approved in appropriation Acts, the Association shall enter 
     into commitments to issue guarantees under this subsection in 
     an aggregate amount of $110,000,000,000 during fiscal year 
     1996. There are authorized to be appropriated to cover the 
     costs (as such term is defined in section 502 of the 
     Congressional Budget Act of 1974) of guarantees issued under 
     this Act by the Association such sums as may be necessary for 
     fiscal year 1996.''.

     SEC. 8. EXTENSION OF MULTIFAMILY HOUSING FINANCE PROGRAMS.

       (a) Risk-Sharing Pilot Program.--The first sentence of 
     section 542(b)(5) of the Housing and Community Development 
     Act of 1992 (12 U.S.C. 1707 note) is amended by striking ``on 
     not more than 15,000 units over fiscal years 1993 and 1994'' 
     and inserting ``on not more than 7,500 units during fiscal 
     year 1996''.
       (b) Housing Finance Agency Pilot Program.--The first 
     sentence of section 542(c)(4) of the Housing and Community 
     Development Act of 1992 (12 U.S.C. 1707 note) is amended by 
     striking ``on not to exceed 30,000 units over fiscal years 
     1993, 1994, and 1995'' and inserting ``on not more than 
     12,000 units during fiscal year 1996''.

     SEC. 9. SAFETY AND SECURITY IN PUBLIC AND ASSISTED HOUSING.

       (a) Contract Provisions and Requirements.--Section 6 of the 
     United States Housing Act of 1937 (42 U.S.C. 1437d) is 
     amended--
       (1) in subsection (k), in the matter following paragraph 
     (6)--
       (A) by striking ``on or near such premises'' and inserting 
     ``on or off such premises''; and
       (B) by striking ``criminal'' the first place it appears; 
     and
       (2) in subsection (l)(5), by striking ``on or near such 
     premises'' and inserting ``on or off such premises''.
       (b) Availability of Criminal Records for Screening and 
     Eviction.--Section 6 of the United States Housing Act of 1937 
     (42 U.S.C. 1437d) is amended by adding at the end the 
     following new subsection:
       ``(q) Availability of Records.--
       ``(1) In general.--
       ``(A) Provision of information.--Notwithstanding any other 
     provision of law, except as provided in subparagraph (B), the 
     National Crime Information Center, police departments, and 
     other law enforcement agencies shall, upon request, provide 
     information to public housing agencies regarding the criminal 
     conviction records of adult applicants for, or tenants of, 
     public housing for purposes of applicant screening, lease 
     enforcement, and eviction.
       ``(B) Exception.--A law enforcement agency described in 
     subparagraph (A) shall provide information under this 
     paragraph relating to any criminal conviction of a juvenile 
     only to the extent that the release of such information is 
     authorized under the law of the applicable State, tribe, or 
     locality.
       ``(2) Opportunity to dispute.--Before an adverse action is 
     taken with regard to assistance under this title on the basis 
     of a criminal record, the public housing agency shall provide 
     the tenant or applicant with a copy of the criminal record 
     and an opportunity to dispute the accuracy and relevance of 
     that record.
       ``(3) Fee.--A public housing agency may be charged a 
     reasonable fee for information provided under paragraph (1).
       ``(4) Records management.--Each public housing agency shall 
     establish and implement a system of records management that 
     ensures that any criminal record received by the public 
     housing agency is--
       ``(A) maintained confidentially;
       ``(B) not misused or improperly disseminated; and
       ``(C) destroyed, once the purpose for which the record was 
     requested has been accomplished.
       ``(5) Definition.--For purposes of this subsection, the 
     term `adult' means a person who is 18 years of age or older, 
     or who has been convicted of a crime as an adult under any 
     Federal, State, or tribal law.''.
       (c) Ineligibility Because of Eviction for Drug-Related 
     Activity.--Section 6 of the United States Housing Act of 1937 
     is amended by adding after subsection (q) (as added by 
     subsection (b) of this section) the following new subsection:
       ``(r) Ineligibility Because of Eviction for Drug-Related 
     Activity.--Any tenant evicted from housing assisted under 
     this title by reason of drug-related criminal activity (as 
     that term is defined in section 8(f)) shall not be eligible 
     for housing assistance under this title during the 3-year 
     period beginning on the date of such eviction, unless the 
     evicted tenant successfully completes a rehabilitation 
     program approved by the public housing agency (which shall 
     include a waiver of this subsection if the circumstances 
     leading to eviction no longer exist).''.
       (d) Ineligibility of Illegal Drug Users and Alcohol Abusers 
     for Assisted Housing.--Section 16 of the United States 
     Housing Act of 1937 (42 U.S.C. 1437n) is amended--
       (1) in the section heading by striking ``income''; and
       (2) by adding at the end the following new subsection:
       ``(e) Ineligibility of Illegal Drug Users and Alcohol 
     Abusers.--
       ``(1) In general.--Notwithstanding any other provision of 
     law, a public housing agency shall establish standards for 
     occupancy in public housing dwelling units and assistance 
     under section 8--
       ``(A) that prohibit occupancy in any public housing 
     dwelling unit by, and assistance under section 8 for, any 
     person--
       ``(i) who the public housing agency determines is illegally 
     using a controlled substance; or
       ``(ii) if the public housing agency determines that it has 
     reasonable cause to believe that such person's illegal use 
     (or pattern of illegal use) of a controlled substance, or 
     abuse (or pattern of abuse) of alcohol, may interfere with 
     the health, safety, or right to peaceful enjoyment of the 
     premises by other residents of the project; and
       ``(B) that allow the public housing agency to terminate the 
     tenancy in any public housing unit of, and the assistance 
     under section 8 for, any person--
       ``(i) who the public housing agency determines is illegally 
     using a controlled substance; or
       ``(ii) whose illegal use of a controlled substance, or 
     whose abuse of alcohol, is determined by the public housing 
     agency to interfere with the health, safety, or right to 
     peaceful enjoyment of the premises by other residents of the 
     project.
       ``(2) Consideration of rehabilitation.--In determining 
     whether, pursuant to paragraph (1), to deny occupancy or 
     assistance to any person based on a pattern of use of a 
     controlled substance or a pattern of abuse of alcohol, a 
     public housing agency may consider whether such person--
       ``(A) has successfully completed a supervised drug or 
     alcohol rehabilitation program (as applicable) and is no 
     longer engaging in the illegal use of a controlled substance 
     or abuse of alcohol (as applicable);
       ``(B) has otherwise been rehabilitated successfully and is 
     no longer engaging in the illegal use of a controlled 
     substance or abuse of alcohol (as applicable); or
       ``(C) is participating in a supervised drug or alcohol 
     rehabilitation program (as applicable) and is no longer 
     engaging in the illegal use of a controlled substance or 
     abuse of alcohol (as applicable).
       ``(3) Inapplicability to indian housing.--This subsection 
     does not apply to any dwelling unit assisted by an Indian 
     housing authority.''.

     SEC. 10. PUBLIC HOUSING DESIGNATED FOR ELDERLY AND DISABLED 
                   FAMILIES.

       (a) Authority for Designation.--Section 7 of the United 
     States Housing Act of 1937 (42 U.S.C. 1437e) is amended to 
     read as follows:


         ``designated housing for elderly and disabled families

       ``Sec. 7. (a) Authority To Provide Designated Housing.--
       ``(1) In general.--Subject only to provisions of this 
     section and notwithstanding any other provision of law, a 
     public housing agency for which a plan under subsection (d) 
     is in effect may provide public housing projects (or portions 
     of projects) designated for occupancy by (A) only elderly 
     families, (B) only disabled families, or (C) elderly and 
     disabled families.
       ``(2) Priority for occupancy.--In determining priority for 
     admission to public housing projects (or portions of 
     projects) that are designated for occupancy as provided in 
     paragraph (1), the public housing agency may make units in 
     such projects (or portions) available only to the types of 
     families for whom the project is designated.
       ``(3) Eligibility of near-elderly families.--If a public 
     housing agency determines that there are insufficient numbers 
     of elderly

[[Page S1902]]

     families to fill all the units in a project (or portion of a 
     project) designated under paragraph (1) for occupancy by only 
     elderly families, the agency may provide that near-elderly 
     families may occupy dwelling units in the project (or 
     portion).
       ``(b) Standards Regarding Evictions.--Except as provided in 
     section 16(e)(1)(B), any tenant who is lawfully residing in a 
     dwelling unit in a public housing project may not be evicted 
     or otherwise required to vacate such unit because of the 
     designation of the project (or portion of a project) pursuant 
     to this section or because of any action taken by the 
     Secretary or any public housing agency pursuant to this 
     section.
       ``(c) Relocation Assistance.--A public housing agency that 
     designates any existing project or building, or portion 
     thereof, for occupancy as provided under subsection (a)(1) 
     shall provide, to each person and family who agrees to be 
     relocated in connection with such designation--
       ``(1) notice of the designation and an explanation of 
     available relocation benefits, as soon as is practicable for 
     the agency and the person or family;
       ``(2) access to comparable housing (including appropriate 
     services and design features), which may include tenant-based 
     rental assistance under section 8, at a rental rate paid by 
     the tenant that is comparable to that applicable to the unit 
     from which the person or family has vacated; and
       ``(3) payment of actual, reasonable moving expenses.
       ``(d) Required Plan.--A plan under this subsection for 
     designating a project (or portion of a project) for occupancy 
     under subsection (a)(1) is a plan, prepared by the public 
     housing agency for the project and submitted to the 
     Secretary, that--
       ``(1) establishes that the designation of the project is 
     necessary--
       ``(A) to achieve the housing goals for the jurisdiction 
     under the comprehensive housing affordability strategy under 
     section 105 of the Cranston-Gonzalez National Affordable 
     Housing Act; and
       ``(B) to meet the housing needs of the low-income 
     population of the jurisdiction; and
       ``(2) includes a description of--
       ``(A) the project (or portion of a project) to be 
     designated;
       ``(B) the types of tenants for which the project is to be 
     designated;
       ``(C) any supportive services to be provided to tenants of 
     the designated project (or portion);
       ``(D) how the design and related facilities (as such term 
     is defined in section 202(d)(8) of the Housing Act of 1959) 
     of the project accommodate the special environmental needs of 
     the intended occupants; and
       ``(E) any plans to secure additional resources or housing 
     assistance to provide assistance to families that may have 
     been housed if occupancy in the project were not restricted 
     pursuant to this section.

     For purposes of this subsection, the term `supportive 
     services' means services designed to meet the special needs 
     of residents.
       ``(e) Review of Plans.--
       ``(1) Review and notification.--The Secretary shall conduct 
     a limited review of each plan under subsection (d) that is 
     submitted to the Secretary to ensure that the plan is 
     complete and complies with the requirements of subsection 
     (d). The Secretary shall notify each public housing agency 
     submitting a plan whether the plan complies with such 
     requirements not later than 60 days after receiving the plan. 
     If the Secretary does not notify the public housing agency, 
     as required under this paragraph or paragraph (2), the plan 
     shall be considered, for purposes of this section, to comply 
     with the requirements under subsection (d) and the Secretary 
     shall be considered to have notified the agency of such 
     compliance upon the expiration of such 60-day period.
       ``(2) Notice of reasons for determination of 
     noncompliance.--If the Secretary determines that a plan, as 
     submitted, does not comply with the requirements under 
     subsection (d), the Secretary shall specify in the notice 
     under paragraph (1) the reasons for the noncompliance and any 
     modifications necessary for the plan to meet such 
     requirements.
       ``(3) Standards for determination of noncompliance.--The 
     Secretary may determine that a plan does not comply with the 
     requirements under subsection (d) only if--
       ``(A) the plan is incomplete in significant matters 
     required under such subsection; or
       ``(B) there is evidence available to the Secretary that 
     challenges, in a substantial manner, any information provided 
     in the plan.
       ``(4) Treatment of existing plans.--Notwithstanding any 
     other provision of this section, a public housing agency 
     shall be considered to have submitted a plan under this 
     subsection if the agency has submitted to the Secretary an 
     application and allocation plan under this section (as in 
     effect before the date of the enactment of the Housing 
     Opportunity Program Extension Act of 1996) that have not been 
     approved or disapproved before such date of enactment.
       ``(f) Effectiveness.--
       ``(1) 5-year effectiveness of original plan.--A plan under 
     subsection (d) shall be in effect for purposes of this 
     section during the 5-year period that begins upon 
     notification under subsection (e)(1) of the public housing 
     agency that the plan complies with the requirements under 
     subsection (d).
       ``(2) Renewal of plan.--Upon the expiration of the 5-year 
     period under paragraph (1) or any 2-year period under this 
     paragraph, an agency may extend the effectiveness of the 
     designation and plan for an additional 2-year period (that 
     begins upon such expiration) by submitting to the Secretary 
     any information needed to update the plan. The Secretary may 
     not limit the number of times a public housing agency extends 
     the effectiveness of a designation and plan under this 
     paragraph.
       ``(3) Transition provision.--Any application and allocation 
     plan approved under this section (as in effect before the 
     date of the enactment of the Housing Opportunity Program 
     Extension Act of 1996) before such date of enactment shall be 
     considered to be a plan under subsection (d) that is in 
     effect for purposes of this section for the 5-year period 
     beginning upon such approval.
       ``(g) Inapplicability of Uniform Relocation Assistance and 
     Real Property Acquisitions Policy Act of 1970.--No tenant of 
     a public housing project shall be considered to be displaced 
     for purposes of the Uniform Relocation Assistance and Real 
     Property Acquisitions Policy Act of 1970 because of the 
     designation of any existing project or building, or portion 
     thereof, for occupancy as provided under subsection (a) of 
     this section.
       ``(h) Inapplicability to Indian Housing.--The provisions of 
     this section shall not apply with respect to low-income 
     housing developed or operated pursuant to a contract between 
     the Secretary and an Indian housing authority.''.
       (b) Authorization of Appropriations for Implementation of 
     Allocation Plans.--There are authorized to be appropriated 
     for fiscal year 1996 such sums as may be necessary for rental 
     subsidy contracts under the existing housing certificate and 
     housing voucher programs under section 8 of the United States 
     Housing Act of 1937 for public housing agencies to implement 
     allocations plans for designated housing under section 7 of 
     such Act that are approved by the Secretary of Housing and 
     Urban Development.

     SEC. 11. ASSISTANCE FOR HABITAT FOR HUMANITY AND OTHER SELF-
                   HELP HOUSING PROVIDERS.

       (a) Grant Authority.--The Secretary of Housing and Urban 
     Development may, to the extent amounts are available to carry 
     out this section and the requirements of this section are 
     met, make grants for use in accordance with this section to--
       (1) Habitat for Humanity International, whose 
     organizational headquarters are located in Americus, Georgia; 
     and
       (2) other national or regional organizations or consortia 
     that have experience in providing or facilitating self-help 
     housing homeownership opportunities.
       (b) Goals and Accountability.--In making grants under this 
     section, the Secretary shall take such actions as may be 
     necessary to ensure that--
       (1) assistance provided under this section is used to 
     facilitate and encourage innovative homeownership 
     opportunities through the provision of self-help housing, 
     under which the homeowner contributes a significant amount of 
     sweat equity toward the construction of the new dwelling;
       (2) assistance provided under this section for land 
     acquisition and infrastructure development results in the 
     development of not less than 4,000 new dwellings;
       (3) the dwellings constructed in connection with assistance 
     provided under this section are quality dwellings that comply 
     with local building and safety codes and standards and are 
     available at prices below the prevailing market prices;
       (4) the provision of assistance under this section 
     establishes and fosters a partnership between the Federal 
     Government and Habitat for Humanity International, its 
     affiliates, and other organizations and consortia, resulting 
     in efficient development of affordable housing with minimal 
     governmental intervention, limited governmental regulation, 
     and significant involvement by private entities;
       (5) activities to develop housing assisted pursuant to this 
     section involve community participation similar to the 
     homeownership program carried out by Habitat for Humanity 
     International, in which volunteers assist in the construction 
     of dwellings; and
       (6) dwellings are developed in connection with assistance 
     under this section on a geographically diverse basis, which 
     includes areas having high housing costs, rural areas, and 
     areas underserved by other homeownership opportunities that 
     are populated by low-income families unable to otherwise 
     afford housing.

     If, at any time, the Secretary determines that the goals 
     under this subsection cannot be met by providing assistance 
     in accordance with the terms of this section, the Secretary 
     shall immediately notify the applicable Committees in writing 
     of such determination and any proposed changes for such goals 
     or this section.
       (c) Allocation.--Of any amounts available for grants under 
     this section--
       (1) 62.5 percent shall be used for a grant to the 
     organization specified in subsection (a)(1); and
       (2) 37.5 percent shall be used for grants to organizations 
     and consortia under subsection (a)(2).
       (d) Use.--
       (1) Purpose.--Amounts from grants made under this section, 
     including any recaptured amounts, shall be used only for 
     eligible expenses in connection with developing new decent, 
     safe, and sanitary nonluxury dwellings in the United States 
     for families and persons who otherwise would be unable to 
     afford to purchase a dwelling.
       (2) Eligible expenses.--For purposes of paragraph (1), the 
     term ``eligible expenses'' means costs only for the following 
     activities:
       (A) Land acquisition.--Acquiring land (including financing 
     and closing costs).
       (B) Infrastructure improvement.--Installing, extending, 
     constructing, rehabilitating, or otherwise improving 
     utilities and other infrastructure.

     Such term does not include any costs for the rehabilitation, 
     improvement, or construction of dwellings.

[[Page S1903]]

       (e) Establishment of Grant Fund.--
       (1) In general.--Any amounts from any grant made under this 
     section shall be deposited by the grantee organization or 
     consortium in a fund that is established by such organization 
     or consortium for such amounts, administered by such 
     organization or consortium, and available for use only for 
     the purposes under subsection (d). Any interest, fees, or 
     other earnings of the fund shall be deposited in the fund and 
     shall be considered grant amounts for purposes of this 
     section.
       (2) Assistance to habitat for humanity affiliates.--Habitat 
     for Humanity International may use amounts in the fund 
     established for such organization pursuant to paragraph (1) 
     for the purposes under subsection (d) by providing assistance 
     from the fund to local affiliates of such organization.
       (f) Requirements for Assistance to Other Organizations.--
     The Secretary may make a grant to an organization or 
     consortium under subsection (a)(2) only pursuant to--
       (1) an expression of interest by such organization or 
     consortia to the Secretary for a grant for such purposes;
       (2) a determination by the Secretary that the organization 
     or consortia has the capability and has obtained financial 
     commitments (or has the capacity to obtain financial 
     commitments) necessary to--
       (A) develop not less than 30 dwellings in connection with 
     the grant amounts; and
       (B) otherwise comply with a grant agreement under 
     subsection (i); and
       (3) a grant agreement entered into under subsection (i).
       (g) Treatment of Unused Amounts.--Upon the expiration of 
     the 6-month period beginning upon the Secretary first 
     providing notice of the availability of amounts for grants 
     under subsection (a)(2), the Secretary shall determine 
     whether the amount remaining from the aggregate amount 
     reserved under subsection (c)(2) exceeds the amount needed to 
     provide funding in connection with any expressions of 
     interest under subsection (f)(1) made by such date that are 
     likely to result in grant agreements under subsection (i). If 
     the Secretary determines that such excess amounts remain, the 
     Secretary shall provide the excess amounts to Habitat for 
     Humanity International by making a grant to such organization 
     in accordance with this section.
       (h) Geographical Diversity.--In using grant amounts 
     provided under subsection (a)(1), Habitat for Humanity 
     International shall ensure that the amounts are used in a 
     manner that results in national geographic diversity among 
     housing developed using such amounts. In making grants under 
     subsection (a)(2), the Secretary shall ensure that grants are 
     provided and grant amounts are used in a manner that results 
     in national geographic diversity among housing developed 
     using grant amounts under this section.
       (i) Grant Agreement.--A grant under this section shall be 
     made only pursuant to a grant agreement entered into by the 
     Secretary and the organization or consortia receiving the 
     grant, which shall--
       (1) require such organization or consortia to use grant 
     amounts only as provided in this section;
       (2) provide for the organization or consortia to develop a 
     specific and reasonable number of dwellings using the grant 
     amounts, which number shall be established taking into 
     consideration costs and economic conditions in the areas in 
     which the dwellings will be developed, but in no case shall 
     be less than 30;
       (3) require the organization or consortia to use the grant 
     amounts in a manner that leverages other sources of funding 
     (other than grants under this section), including private or 
     public funds, in developing the dwellings;
       (4) require the organization or consortia to comply with 
     the other provisions of this section;
       (5) provide that if the organization or consortia has not 
     used any grant amounts within 24 months after such amounts 
     are first disbursed to the organization or consortia, the 
     Secretary shall recapture such unused amounts; and
       (6) contain such other terms as the Secretary may require 
     to provide for compliance with subsection (b) and the 
     requirements of this section.
       (j) Fulfillment of Grant Agreement.--If the Secretary 
     determines that an organization or consortia awarded a grant 
     under this section has not, within 24 months after grant 
     amounts are first made available to the organization or 
     consortia, substantially fulfilled the obligations under the 
     grant agreement, including development of the appropriate 
     number of dwellings under the agreement, the Secretary shall 
     use any such undisbursed amounts remaining from such grant 
     for other grants in accordance with this section.
       (k) Records and Audits.--During the period beginning upon 
     the making of a grant under this section and ending upon 
     close-out of the grant under subsection (l)--
       (1) the organization awarded the grant under subsection 
     (a)(1) or (a)(2) shall keep such records and adopt such 
     administrative practices as the Secretary may require to 
     ensure compliance with the provisions of this section and the 
     grant agreement; and
       (2) the Secretary and the Comptroller General of the United 
     States, and any of their duly authorized representatives, 
     shall have access for the purpose of audit and examination to 
     any books, documents, papers, and records of the grantee 
     organization or consortia and its affiliates that are 
     pertinent to the grant made under this section.
       (l) Close-Out.--The Secretary shall close out a grant made 
     under this section upon determining that the aggregate amount 
     of any assistance provided from the fund established under 
     subsection (e)(1) by the grantee organization or consortium 
     exceeds the amount of the grant. For purposes of this 
     paragraph, any interest, fees, and other earnings of the fund 
     shall be excluded from the amount of the grant.
       (m) Environmental Review.--A grant under this section shall 
     be considered to be funds for a special project for purposes 
     of section 305(c) of the Multifamily Housing Property 
     Disposition Reform Act of 1994.
       (n) Report to Congress.--Not later than 90 days after 
     close-out of all grants under this section is completed, the 
     Secretary shall submit a report to the applicable Committees 
     describing the grants made under this section, the grantees, 
     the housing developed in connection with the grant amounts, 
     and the purposes for which the grant amounts were used.
       (o) Definitions.--For purposes of this section, the 
     following definitions shall apply:
       (1) Applicable committees.--The term ``applicable 
     Committees'' means the Committee on Banking and Financial 
     Services of the House of Representatives and the Committee on 
     Banking, Housing, and Urban Affairs of the Senate.
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of Housing and Urban Development.
       (3) United states.--The term ``United States'' includes the 
     States of the United States, the District of Columbia, the 
     Commonwealth of Puerto Rico, the Commonwealth of the Northern 
     Mariana Islands, Guam, the Virgin Islands, American Samoa, 
     and any other territory or possession of the United States.
       (p) Regulations.--The Secretary shall issue any final 
     regulations necessary to carry out this section not later 
     than 30 days after the date of the enactment of this Act. The 
     regulations shall take effect upon issuance and may not 
     exceed, in length, 5 full pages in the Federal Register.

     SEC. 12. FUNDING FOR SELF-HELP HOUSING ASSISTANCE, NATIONAL 
                   CITIES IN SCHOOLS COMMUNITY DEVELOPMENT 
                   PROGRAM, AND CAPACITY BUILDING THROUGH NATIONAL 
                   COMMUNITY DEVELOPMENT INITIATIVE.

       (a) Authority to Use Assisted Housing Amounts.--To the 
     extent and for the purposes specified in subsection (b), the 
     Secretary of Housing and Urban Development may use amounts in 
     the account of the Department of Housing and Urban 
     Development known as the Annual Contributions for Assisted 
     Housing account, but only such amounts which--
       (1) have been appropriated for a fiscal year that occurs 
     before the fiscal year for which the Secretary uses the 
     amounts; and
       (2) have been obligated before becoming available for use 
     under this section.
       (b) Fiscal Year 1996.--Of the amounts described in 
     subsection (a), $60,000,000 shall be available to the 
     Secretary of Housing and Urban Development for fiscal year 
     1996 in the following amounts for the following purposes:
       (1) Self-help housing assistance.--$40,000,000 for carrying 
     out section 11 of this Act.
       (2) National cities in schools community development 
     program.--$10,000,000 for carrying out section 930 of the 
     Housing and Community Development Act of 1992 (Public Law 
     102-550; 106 Stat. 3887).
       (3) Capacity building through national community 
     development initiative.--$10,000,000 for carrying out section 
     4 of the HUD Demonstration Act of 1993 (42 U.S.C. 9816 note).

     SEC. 13. APPLICABILITY AND IMPLEMENTATION.

       (a) Applicability.--This Act and the amendments made by 
     this Act shall be construed to have become effective on 
     October 1, 1995.
       (b) Implementation.--The amendments made by sections 9 and 
     10 shall apply as provided in subsection (a) of this section, 
     notwithstanding the effective date of any regulations issued 
     by the Secretary of Housing and Urban Development to 
     implement such amendments or any failure by the Secretary to 
     issue any such regulations.

  Mr. BURNS. Mr. President, I ask unanimous consent that the Senate 
concur in the amendment of the House.
  The PRESIDING OFFICER. Is there objection? The Chair hears none, and 
it is so ordered.

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