[104th Congress Public Law 120]
[From the U.S. Government Printing Office]
<DOC>
[DOCID: f:publ120.104]
[[Page 833]]
HOUSING OPPORTUNITY PROGRAM EXTENSION ACT OF 1996
[[Page 110 STAT. 834]]
Public Law 104-120
104th Congress
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. <<NOTE: Mar. 28,
1996 - [S. 1494]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Housing
Opportunity Program Extension Act of 1996.>>
SECTION 1. <<NOTE: 12 USC 1701 note.>> SHORT TITLE.
This Act may be cited as the ``Housing Opportunity Program Extension
Act of 1996''.
SEC. 2. <<NOTE: 42 USC 1437f note.>> 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) <<NOTE: 12 USC 4101 note.>> 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 second 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;
[[Page 110 STAT. 835]]
(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) <<NOTE: 42 USC 5305 note.>> 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 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) <<NOTE: Incorporation. 42 USC 1490p-2.>> 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 <<NOTE: 42 USC 1490p-2.>> ``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''.
[[Page 110 STAT. 836]]
(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,
[[Page 110 STAT. 837]]
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; <<NOTE: Privacy.>>
``(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 <<NOTE: 42 USC
1437d.>> 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--
[[Page 110 STAT. 838]]
``(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
[[Page 110 STAT. 839]]
(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 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) <<NOTE: Notice.>> 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.
[[Page 110 STAT. 840]]
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 consid
[[Page 110 STAT. 841]]
ered 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. <<NOTE: 42 USC 12805 note.>> 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;
[[Page 110 STAT. 842]]
(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.
<<NOTE: Notification.>> 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.
(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--
[[Page 110 STAT. 843]]
(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.
[[Page 110 STAT. 844]]
(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) <<NOTE: Federal Register, publication.>> 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
[[Page 110 STAT. 845]]
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. <<NOTE: 42 USC 1437d note.>> 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.
[[Page 110 STAT. 846]]
(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.
Approved March 28, 1996.
LEGISLATIVE HISTORY--S. 1494:
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CONGRESSIONAL RECORD, Vol. 142 (1996):
Jan. 24, considered and passed Senate.
Feb. 27, considered and passed House, amended.
Mar. 12, Senate concurred in House amendment.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 32 (1996):
Mar. 28, Presidential remarks.
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