[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: --------------------------------------------------------------------------- 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. <all>