II

104TH CONGRESS

2D SESSION H.R. 2880

IN THE SENATE OF THE UNITED STATES

JANUARY 26, 1996

Received

AN ACT

Making appropriations for fiscal year 1996 to make a downpayment toward a balanced budget, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 Be it enacted by the Senate and House of Representa4 tives of the United States of America in Congress assembled,

5 That the following sums are hereby appropriated, out of

6 any money in the Treasury not otherwise appropriated,

7 and out of applicable corporate or other revenues, receipts,

8 and funds, for the several departments, agencies, corpora9 tions, and other organizational units of Government for

10 the fiscal year 1996, and for other purposes, namely:
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1 TITLE I

2 SEC. 101. (a) Such amounts as may be necessary

3 under the authority and conditions provided in the appli4 cable appropriations Act for the fiscal year 1995 including

5 the authority and conditions provided in emergency sup6 plemental appropriations Acts for fiscal year 1995 for con7 tinuing projects or activities, except for those projects and

8 activities provided for in Public Law 104–91 and Public

9 Law 104–92, including the costs of direct loans and loan

10 guarantees (not otherwise specifically provided for in this

11 Act) which were conducted in the fiscal year 1995 and

12 for which appropriations, funds, or other authority would

13 be available in the following appropriations Act as passed

14 each House, excluding conference reports:

15 The Department of the Interior and Related

16 Agencies Appropriations Act, 1996; and

17 The Departments of Labor, Health and Human

18 Services, and Education, and Related Agencies Ap19 propriations Act, 1996:

20 Provided, That whenever the amount which would be made

21 available or the authority which would be granted in these

22 Acts is greater than that which would be available or

23 granted under current operations, the pertinent project or

24 activity shall be continued at a rate for operations not ex25 ceeding the current rate.
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1 (b) Whenever the amount which would be made avail2 able or the authority which would be granted under an

3 Act listed in this section as passed by the House as of

4 the date of enactment of this Act, is different from that

5 which would be available or granted under such Act as

6 passed by the Senate as of the date of enactment of this

7 Act, the pertinent project or activity shall be continued

8 at a rate for operations not exceeding the current rate or

9 the rate permitted by the action of the House or the Sen10 ate, whichever is lower, under the authority and conditions

11 provided in the applicable appropriations Act for the fiscal

12 year 1995: Provided, That where an item is not included

13 in either version or where an item is included in only one

14 version of the Act as passed by both Houses as of the

15 date of enactment of this Act, the pertinent project or ac16 tivity shall not be continued except as provided for in sec17 tion 111 under the appropriation, fund, or authority

18 granted by the applicable appropriations Act for the fiscal

19 year 1995 and under the authority and conditions pro20 vided in the applicable appropriations Act for the fiscal

21 year 1995.

22 (c) Whenever an Act listed in this section has been

23 passed by only the House or only the Senate as of the

24 date of enactment of this Act, the pertinent project or ac25 tivity shall be continued under the appropriation, fund, or
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1 authority granted by the one House at a rate for oper2 ations not exceeding the current rate or the rate permitted

3 by the action of the one House, whichever is lower, and

4 under the authority and conditions provided in the appli5 cable appropriations Act for the fiscal year 1995: Pro6 vided, That where an item is funded in the applicable ap7 propriations Act for the fiscal year 1995 and not included

8 in the version passed by the one House as of the date

9 of enactment of this Act, the pertinent project or activity

10 shall not be continued except as provided for in section

11 111 under the appropriation, fund, or authority granted

12 by the applicable appropriations Act for the fiscal year

13 1995 and under the authority and conditions provided in

14 the applicable appropriations Act for the fiscal year 1995.

15 SEC. 102. Appropriations made by section 101 shall

16 be available to the extent and in the manner which would

17 be provided by the pertinent appropriations Act.

18 SEC. 103. No appropriations or funds made available

19 or authority granted pursuant to section 101 shall be used

20 to initiate or resume any project or activity for which ap21 propriations, funds, or other authority were not available

22 during the fiscal year 1995.

23 SEC. 104. No provision which is included in an appro24 priations Act enumerated in section 101 but which was

25 not included in the applicable appropriations Act for fiscal
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1 year 1995 and which by its terms is applicable to more

2 than one appropriation, fund, or authority shall be appli3 cable to any appropriation, fund, or authority provided in

4 this title of this Act.

5 SEC. 105. Appropriations made and authority grant6 ed pursuant to this title of this Act shall cover all obliga7 tions or expenditures incurred for any program, project,

8 or activity during the period for which funds or authority

9 for such project or activity are available under this Act.

10 SEC. 106. Unless otherwise provided for in this title

11 of this Act or in the applicable appropriations Act, appro12 priations and funds made available and authority granted

13 pursuant to this title of this Act shall be available until

14 (a) enactment into law of an appropriation for any project

15 or activity provided for in this title of this Act, or (b) the

16 enactment into law of the applicable appropriations Act

17 without any provision for such project or activity, or (c)

18 March 15, 1996, whichever first occurs.

19 SEC. 107. This title of this Act shall be implemented

20 so that only the most limited funding action of that per21 mitted in title of this Act shall be taken in order to provide

22 for continuation of projects and activities.

23 SEC. 108. Expenditures made pursuant to this title

24 of this Act shall be charged to the applicable appropria25 tion, fund, or authorization whenever a bill in which such
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1 applicable appropriation, fund, or authorization is con2 tained is enacted into law.

3 SEC. 109. No provision in the appropriations Act for

4 the fiscal year 1996 referred to in section 101 of this Act

5 that makes the availability of any appropriation provided

6 therein dependent upon the enactment of additional au7 thorizing or other legislation shall be effective before the

8 date set forth in section 106(c) of this Act.

9 SEC. 110. Appropriations and funds made available

10 by or authority granted pursuant to this title of this Act

11 may be used without regard to the time limitations for

12 submission and approval of apportionments set forth in

13 section 1513 of title 31, United States Code, but nothing

14 herein shall be construed to waive any other provision of

15 law governing the apportionment of funds.

16 SEC. 111. Notwithstanding any other provision of

17 this title of this Act, except section 106, whenever an Act

18 listed in section 101 as passed by both the House and

19 the Senate as of the date of enactment of this Act, does

20 not include funding for an ongoing project or activity for

21 which there is a budget request, or whenever an Act listed

22 in section 101 has been passed by only the House or only

23 the Senate as of the date of enactment of this Act, and

24 an item funded in fiscal year 1995 is not included in the

25 version passed by the one House, or whenever the rate
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1 for operations for an ongoing project or activity provided

2 by section 101 for which there is a budget request would

3 result in the project or activity being significantly reduced,

4 the pertinent project or activity may be continued under

5 the authority and conditions provided in the applicable ap6 propriations Act for the fiscal year 1995 by increasing the

7 rate for operations provided by section 101 to a rate for

8 operations not to exceed one that provides the minimal

9 level that would enable existing activities to continue. No

10 new contracts or grants shall be awarded in excess of an

11 amount that bears the same ratio to the rate for oper12 ations provided by this section as the number of days cov13 ered by this title of this Act bears to 366. For the pur14 poses of this title of this Act, the minimal level means a

15 rate for operations that is reduced from the current rate

16 by 25 percent.

17 SEC. 112. Notwithstanding any other provision of

18 this title of this Act, except section 106, whenever the rate

19 for operations for any continuing project or activity pro20 vided by section 101 or section 111 for which there is a

21 budget request would result in a furlough of Government

22 employees, that rate for operations may be increased to

23 the minimum level that would enable the furlough to be

24 avoided. No new contracts or grants shall be awarded in

25 excess of an amount that bears the same ratio to the rate
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1 for operations provided by this section as the number of

2 days covered by this resolution bears to 366: Provided,

3 That the first sentence of section 112 shall not apply ex4 cept to furloughs that exceed one workday per pay period

5 for the affected workforce during the period of January

6 26, 1996 through March 15, 1996.

7 SEC. 113. Notwithstanding any other provision of

8 this title of this Act, except sections 106 and 111, for

9 those programs that had high initial rates of operation or

10 complete distribution of funding at the beginning of the

11 fiscal year in fiscal year 1995 because of distributions of

12 funding to States, foreign countries, grantees, or others,

13 similar distributions of funds for fiscal year 1996 shall

14 not be made and no grants shall be awarded for such pro15 grams funded by this title of this Act that would impinge

16 on final funding prerogatives.

17 SEC. 114. Notwithstanding any other provision of

18 this title of this Act, except section 106, any distribution

19 of funding under the Rehabilitation Services and Disabil20 ity Research account in the Department of Education may

21 be made up to an amount that bears the same ratio to

22 the rate for operation for this account provided by this

23 title of this Act as the number of days covered by this

24 title of this Act bears to 366.
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1 SEC. 115. Notwithstanding any other provision of

2 this Act, except section 106, the rate for operations of the

3 following projects or activities shall be only the minimum

4 necessary to accomplish orderly termination:

5 Child Development Associate Scholarships in

6 the Department of Health and Human Services;

7 Dependent Care Planning and Development in

8 the Department of Health and Human Services;

9 Law Related Education in the Department of

10 Education;

11 Dropout Prevention Demonstrations in the De12 partment of Education;

13 Aid for Institutional Development—Endowment

14 Grants in the Department of Education;

15 Aid for Institutional Development—Evaluation

16 in the Department of Education;

17 Native Hawaiian and Alaska Native Cultural

18 Arts;

19 Innovative Projects in Community Service in

20 the Department of Education;

21 Cooperative Education in the Department of

22 Education; and

23 Douglas Teacher Scholarships in the Depart24 ment of Education.
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1 SEC. 116. COMPENSATION AND RATIFICATION OF

2 AUTHORITY.—(a) Any Federal employees furloughed as a

3 result of a lapse in appropriations, if any, after midnight

4 November 13, 1995, until the enactment of this Act shall

5 be compensated at their standard rate of compensation for

6 the period during which there was a lapse in appropria7 tions.

8 All obligations incurred in anticipation of the appro9 priations made and the authority granted by this title of

10 this Act for the purposes of maintaining the essential level

11 of activity to protect life and property and bring about

12 orderly termination of Government functions are hereby

13 ratified and approved if otherwise in accord with the provi14 sions of this title of this Act.

15 SEC. 117. Notwithstanding any other provision of

16 this title of this Act, except section 106, upon enactment

17 of this Act any new grants or contracts for the following

18 programs shall be made at a level not to exceed a rate

19 of 75 per centum of prior monthly awards:

20 Department of Health and Human Services:

21 Health Resources and Services Administration:

22 Health Resources and Services:

23 Trauma Care

24 Health Care Facilities

25 Assistant Secretary for Health:
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1 Office of the Assistant Secretary for

2 Health:

3 National Vaccine Program

4 Health Care Reform Data Analysis

5 National AIDS Program Office

6 Health Care Financing Administration:

7 Program Management:

8 Essential Access Community

9 Hospitals

10 Administration for Children and Families:

11 Children and Families Services Program:

12 Youth Gang Substance Abuse

13 Advisory Board on Child Abuse and

14 Neglect

15 Child Welfare Research

16 Social Services Research

17 Homeless Service Grants

18 Community Schools (crime trust fund)

19 Administration on Aging:

20 Aging Services Programs:

21 Pension Counseling

22 Federal Council on Aging

23 White House Conference on Aging

24 Department of Education:

25 Education for the Disadvantaged:
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1 State School Improvement

2 School Improvement Programs:

3 Safe and Drug Free Schools and

4 Communities: National Program

5 Women’s Educational Equity

6 Bilingual and Immigrant Education:

7 Bilingual Education Support Services

8 Higher Education:

9 Faculty Development Fellowships

10 School, College, and University

11 Partnerships

12 Related Agencies:

13 Corporation for National and Community

14 Service:

15 Domestic Volunteer Service Programs,

16 Operating Expenses:

17 Senior Demonstration Program

18 National Education Standards and

19 Improvement Council.

20 SEC. 118. Notwithstanding any other provision of law

21 or this Act, upon enactment of this Act the Secretary of

22 each cabinet level department other than State, Defense,

23 Ambassador to the United Nations, and Central Intel24 ligence shall not obligate a total amount of funds for their

25 individual official travel expenses for fiscal year 1996 that
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1 would be greater than 110 per centum of the average total

2 amount of the individual official travel expenses of the rel3 evant departmental secretary for the fiscal years 1990

4 through 1995.

5 SEC. 119. Notwithstanding any other provision of law

6 or of this title of this Act, the maximum Pell Grant for

7 which a student shall be eligible under the Higher Edu8 cation Act of 1965, as amended, during award year 1996–

9 1997 shall be at least $2,440.

10 SEC. 120. Notwithstanding any other provision of

11 law, the first proviso under the heading ‘‘Education for

12 the disadvantaged’’ in title III of H.R. 2127, as passed

13 by the House of Representatives, shall take effect upon

14 enactment of this Act.

15 SEC. 121. 501 FIRST STREET SE., DISTRICT OF

16 COLUMBIA.

17 (a) DISPOSAL OF REAL PROPERTY.—

18 (1) IN GENERAL.—The Architect of the Capitol

19 shall dispose of by sale at fair market value all right,

20 title, and interest of the United States in and to the

21 parcel of real property described in paragraph (9),

22 including all improvements to such real property.

23 Such disposal shall be made by quitclaim deed.

24 (2) HOUSE OFFICE BUILDING COMMISSION.—

25 The Architect of the Capitol shall carry out this sec-
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1 tion under the direction of the House Office Build2 ing Commission.

3 (3) PROCEDURES.—Notwithstanding any other

4 provision of law, the disposal under paragraph (1)

5 shall be made in accordance with such procedures as

6 the Architect of the Capitol determines appropriate.

7 (4) SENSE OF CONGRESS.—It is the sense of

8 Congress that the child care center of the House of

9 Representatives should remain in operation during

10 the implementation of this section.

11 (5) TERMS AND CONDITIONS.—The deed of

12 conveyance for the property to be disposed of under

13 paragraph (1) shall contain such terms and condi14 tions as the Architect of the Capitol determines are

15 necessary to protect the interests of the United

16 States.

17 (6) DEPOSIT OF PROCEEDS.—All proceeds from

18 the disposal under paragraph (1) shall be deposited

19 in the account established by subsection (b).

20 (7) ADVERTISING AND MARKETING.—The Ar21 chitect of the Capitol shall begin advertising and

22 marketing the property to be disposed of under

23 paragraph (1) not later than 30 days after the date

24 of the enactment of this Act.
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1 (8) LOCAL ZONING AND OCCUPANCY REQUIRE2 MENTS.—Until such date as the purchaser of the

3 property to be disposed of under paragraph (1)

4 takes full occupancy of such property, such property

5 and the tenants of such property shall be deemed to

6 be in compliance with all applicable zoning and occu7 pancy requirements of the District of Columbia.

8 (9) PROPERTY DESCRIPTION.—The parcel of

9 real property referred to in paragraph (1) is the ap10 proximately 31,725 square feet of land located at

11 501 First Street, SE., on square 736 S, Lot 801

12 (formerly part of Reservation 17) in the District of

13 Columbia. Such parcel is bounded by E Street, SE.,

14 to the north, First Street, SE., to the east, New Jer15 sey Avenue, SE., to the west, and Garfield Park to

16 the south.

17 (b) SEPARATE ACCOUNT IN THE TREASURY.—

18 (1) ESTABLISHMENT.—There is established in

19 the Treasury of the United States a separate ac20 count which shall consist of amounts deposited into

21 the account by the Architect of the Capitol under

22 subsection (a).

23 (2) AVAILABILITY OF FUNDS.—Funds in the

24 account established by paragraph (1) shall be avail-
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1 able, in such amounts as are specified in appropria2 tions Acts, to the Architect of the Capitol for—

3 (A) payment of expenses associated with

4 relocating the tenants of the property to be dis5 posed of under subsection (a)(1);

6 (B) payment of expenses associated with

7 renovating facilities under the jurisdiction of

8 the Architect for the purpose of accommodating

9 such tenants; and

10 (C) reimbursement of expenses incurred

11 for advertising and marketing activities related

12 to the disposal under subsection (a)(1) in a

13 total amount of not to exceed $75,000.

14 Funds made available under this paragraph shall

15 not be subject to any fiscal year limitation.

16 (3) REPORTING OF TRANSACTIONS.—Receipts,

17 obligations, and expenditures of funds in the account

18 established by paragraph (1) shall be reported in an19 nual estimates submitted to Congress by the Archi20 tect of the Capitol for the operation and mainte21 nance of the Capitol Buildings and Grounds.

22 (4) TERMINATION OF ACCOUNT.—Not later

23 than 2 years after the date of settlement on the

24 property to be disposed of under subsection (a)(1),

25 the Architect of the Capitol shall terminate the ac-
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1 count established by paragraph (1) and all amounts

2 remaining in the account shall be deposited into the

3 general fund of the Treasury of the United States

4 and credited as miscellaneous receipts.

5 (c) AUTHORITY TO FURNISH STEAM AND CHILLED

6 WATER.—

7 (1) IN GENERAL.—The Architect of the Capitol

8 is authorized to furnish steam and chilled water

9 from the Capitol Power Plant to the owner of the

10 property to be disposed of under subsection (a)(1) if

11 the owner agrees to pay for such steam and chilled

12 water at market rates, as determined by the Archi13 tect of the Capitol.

14 (2) AUTHORITY LIMITED TO EXISTING FACILI15 TIES.—The Architect of the Capitol may furnish

16 steam and chilled water under paragraph (1) only

17 with respect to facilities which, on the date of the

18 enactment of this Act, are located on the property

19 to be disposed of under subsection (a)(1).

20 (3) PROCEEDS.—All proceeds from the sale of

21 steam and chilled water under paragraph (1) shall

22 be deposited into the general fund of the Treasury

23 of the United States and credited as miscellaneous

24 receipts.
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1 SEC. 122. Notwithstanding any other provision of

2 this title of this Act except section 106, such sums as nec3 essary are hereby appropriated for all projects and activi4 ties funded under the account heading ‘‘Office for Civil

5 Rights’’ under the Office of the Secretary in the Depart6 ment of Health and Human Services at a rate for oper7 ations not to exceed an annual rate for new obligational

8 authority of $16,153,000 for general funds together with

9 not to exceed an annual rate for new obligational authority

10 of $3,314,000 to be transferred and expended as author11 ized by section 201(g)(1) of the Social Security Act from

12 the Hospital Insurance Trust Fund and the Supplemental

13 Medical Insurance Trust Fund.

14 SEC. 123. Activities necessary to effect the following

15 program eliminations and transfers of selected functions

16 are funded under the terms and conditions and at a rate

17 of operations, notwithstanding any other provision of this

18 title of this Act, provided for in the conference report and

19 joint explanatory statement of the Committee of Con20 ference (House Report 104–402) on the Department of

21 the Interior and Related Agencies Appropriations Act,

22 1996 (H.R. 1977), as passed by the House of Representa23 tives on December 13, 1995:
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1 All projects and activities under the account

2 heading ‘‘Public Development’’ under the Pennsylva3 nia Avenue Development Corporation;

4 All projects and activities under the account

5 heading ‘‘Mines and Minerals’’ under the Bureau of

6 Mines in Department of the Interior;

7 All activities related to the transfer of functions

8 from the Bureau of Mines under the account head9 ing ‘‘Management of Lands and Resources’’ under

10 the Bureau of Land Management in the Department

11 of the Interior;

12 All activities related to the transfers of func13 tions from the Bureau of Mines and from the Na14 tional Biological Service under the account heading

15 ‘‘Surveys, Investigations, and Research’’ under the

16 United States Geological Survey in the Department

17 of the Interior; and

18 All activities related to the transfer of functions

19 from the Bureau of Mines under the account head20 ing ‘‘Fossil Energy Research and Development’’ in

21 the Department of Energy.

22 SEC. 124. Notwithstanding any other provision of

23 this title of this Act, the appropriations and funds made

24 available and authority granted pursuant to the preceding

25 section shall be available until (a) enactment into law of
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1 an appropriation for any project or activity provided for

2 in that section, or (b) the enactment into law of the appli3 cable appropriations Act without any provision for such

4 project or activity, or (c) September 30, 1996, whichever

5 first occurs.

6 SEC. 125. Notwithstanding any other provision of

7 this title of this Act, except section 106, such amounts

8 as may be necessary are hereby appropriated to effect the

9 sale of Weeks Island oil from the Strategic Petroleum Re10 serve under the terms and conditions and at a rate of op11 erations provided for in the conference report and joint

12 explanatory statement of the Committee of Conference

13 (House Report 104–402) on the Department of the Inte14 rior and Related Agencies Appropriations Act, 1996 (H.R.

15 1977), as passed by the House of Representatives on De16 cember 13, 1995.

17 SEC. 126. Notwithstanding any other provision of

18 this title of this Act, such amounts as may be necessary

19 are hereby appropriated under the authority and condi20 tions provided in the applicable appropriations Act for the

21 fiscal year 1995 for continuing, at a rate for operations

22 provided for in the conference report and joint explanatory

23 statement of the Committee of Conference (House Report

24 104–402) on the Department of the Interior and Related

25 Agencies Appropriations Act, 1996 (H.R. 1977), as
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1 passed by the House of Representatives on December 13,

2 1995, for the following projects or activities including the

3 costs of direct loans and loan guarantees (not otherwise

4 specifically provided for in this Act) which are conducted

5 in the fiscal year 1995: all projects or activities of the In6 dian Health Services, Indian Health Service Facilities,

7 Bureau of Indian Affairs, National Park Service, notwith8 standing any other provision of law, the United States

9 Fish and Wildlife Service, notwithstanding any other pro10 vision of law, and the Forest Service, notwithstanding any

11 other provision of law: Provided, That appropriations and

12 funds made available and authority granted pursuant to

13 this section shall be available until (a) enactment into law

14 of an appropriation for any project or activity provided

15 for in this section, or (b) the enactment into law of the

16 applicable appropriations Act without any provision for

17 such project or activity, or (c) March 15, 1996, whichever

18 first occurs.

19 SEC. 127. Notwithstanding any other provision of

20 this title of this Act except section 106, projects and ac21 tivities under the account heading ‘‘Salaries and expenses’’

22 under the National Labor Relations Board shall be subject

23 to the provisions of section 112 of Public law 104–56.

24 SEC. 128. None of the funds made available by Public

25 Law 104–91 may be used for—
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1 (1) the creation of a human embryo or embryos

2 for research purposes; or

3 (2) research in which a human embryo or em4 bryos are destroyed, discarded, or knowingly sub5 jected to risk of injury or death greater than that

6 allowed for research on fetuses in utero under 45

7 CFR 46.208(a)(2) and 42 U.S.C. 289g(b).

8 For purposes of this section, the phrase ‘‘human embryo

9 or embryos’’ shall include any organism, not protected as

10 a human subject under 45 CFR 46 as of the date of enact11 ment of this Act, that is derived by fertilization, par12 thenogenesis, cloning, or any other means from one or

13 more human gametes.

14 SEC. 129.TECHNICAL AMENDMENT TO PROHIBITION

15 OF GRANTS FOR 501(c)(4) ORGANIZATIONS ENGAGING IN

16 LOBBYING ACTIVITIES.

17 (a) IN GENERAL.—Section 18 of the Lobbying Dis18 closure Act of 1995 is amended by striking ‘‘award, grant,

19 contract, loan, or any other form’’ and inserting ‘‘award,

20 grant, or loan’’.

21 (b) EFFECTIVE DATE.—The amendment made by

22 subsection (a) shall take effect as if included in the Lobby23 ing Disclosure Act of 1995 on the date of the enactment

24 of such Act.
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1 SEC. 130. No funds appropriated under this or any

2 other Act shall be used to review or modify sourcing areas

3 previously approved under section 490(c)(3) of the Forest

4 Resources Conservation and Shortage Relief Act of 1990

5 (Public Law 101–382) or to enforce or implement Federal

6 regulations 36 CFR part 223 promulgated on September

7 8, 1995. The regulations and interim rules in effect prior

8 to September 8, 1995 (36 CFR 223.48, 36 CFR 223.87,

9 36 CFR 223 Subpart D, 36 CFR 223 Subpart F, and

10 36 CFR 261.6) shall remain in effect. The Secretary of

11 Agriculture or the Secretary of the Interior shall not adopt

12 any policies concerning Public Law 101–382 or existing

13 regulations that would restrain domestic transportation or

14 processing of timber from private lands or impose addi15 tional accountability requirements on any timber. The Sec16 retary of Commerce shall extend until September 30,

17 1996, the order issued under section 491(b)(2)(A) of Pub18 lic Law 101–382 and shall issue an order under section

19 491(b)(2)(B) of such law that will be effective October 1,

20 1996.

21 SEC. 131. Notwithstanding any other provision of

22 this Act, an additional $2,000,000 is hereby appropriated

23 for the National Park Service, Park Service Construction

24 for repair of flood damage to the Chesapeake and Ohio

25 Canal National Historical Park.
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1 TITLE II

2 DEPARTMENTS OF COMMERCE, JUSTICE, AND

3 STATE, THE JUDICIARY, AND RELATED

4 AGENCIES APPROPRIATIONS

5 SEC. 201. (a) Such amounts as may be necessary

6 under the authority and conditions provided in the appli7 cable appropriations Act for the fiscal year 1995 for

8 projects or activities, except for those projects and activi9 ties provided for in Public Law 104–91 and Public Law

10 104–92, including the costs of direct loans and loan guar11 antees (not otherwise specifically provided for in this Act)

12 at a rate for operations provided for in the conference re13 port and joint explanatory statement of the Committee of

14 Conference, House Report 104–378, on the Departments

15 of Commerce, Justice, and State, the Judiciary, and Re16 lated Agencies Appropriations Act, 1996 (H.R. 2076), as

17 passed the House of Representatives on December 6,

18 1995, notwithstanding section 15 of the State Department

19 Basic Authorities Act of 1956, section 701 of the United

20 States Information and Educational Exchange Act of

21 1948, section 313 of the Foreign Relations Authorization

22 Act, Fiscal Years 1994 and 1995 (Public Law 103–236),

23 and section 53 of the Arms Control and Disarmament Act:

24 Provided, That, notwithstanding any other provision of

25 this title of this Act, the rate for operations only for pro-
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1 gram administration and the continuation of grants

2 awarded in fiscal year 1995 and prior years of the Ad3 vanced Technology Program of the National Institute of

4 Standards and Technology, and the rate for operations for

5 the Ounce of Prevention Council, Drug Courts, Global

6 Learning and Observations to Benefit the Environment,

7 and for the Cops on the Beat Program may be increased

8 up to a level of 75 per centum of the final fiscal year 1995

9 appropriated amount: Provided further, That, under the

10 previous proviso, no contracts or grants shall be awarded

11 in excess of an amount that bears the same ratio to the

12 rate for operations provided by the previous proviso as the

13 number of days covered by this resolution bears to 366:

14 Provided further, That any costs incurred by a Depart15 ment or agency funded under this subsection resulting

16 from personnel actions taken in response to funding re17 ductions resulting from this Act shall be absorbed within

18 the total budgetary resources available to such Depart19 ment or agency: Provided further, That the authority to

20 transfer funds between appropriations accounts as may be

21 necessary to carry out the preceding proviso is provided

22 in addition to authorities provided elsewhere in this sub23 section: Provided further, That funds to carry out the pre24 ceding two provisos shall not be available for obligation

25 or expenditure except in compliance with established
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1 reprogramming procedures: Provided further, That, not2 withstanding any other provision of this title of this Act,

3 the amount of funds obligated or expended by the Legal

4 Services Corporation shall not exceed an amount that

5 bears the same ratio to the rate for operations available

6 to the Legal Services Corporation as the number of days

7 covered by this resolution bears to 366: Provided further,

8 That, notwithstanding any other provision of this title of

9 this Act, funding provided for Violent Offender Incarcer10 ation and Truth in Sentencing Incentive Grants, with the

11 exception of funds available to States for incarceration of

12 criminal aliens and the Cooperative Agreement Program,

13 shall be withheld, pending enactment of revisions to sub14 title A of title II of the Violent Crime Control and Law

15 Enforcement Act of 1994, so as not to impinge upon final

16 funding prerogatives: Provided further, That, notwith17 standing any other provision of this title of this Act, suffi18 cient funds shall be provided to continue the Office of In19 spector General of the United States Information Agency,

20 to be derived from funds otherwise available to the Office

21 of Inspector General of the Department of State.
27

•HR 2880 RDS

1 DEPARTMENTS OF VETERANS AFFAIRS AND

2 HOUSING AND URBAN DEVELOPMENT, AND

3 INDEPENDENT AGENCIES APPROPRIA4 TIONS

5 (b) Such amounts as may be necessary under the au6 thority and conditions provided in the applicable appro7 priations Act for the fiscal year 1995 for continuing

8 projects or activities, except for those projects and activi9 ties provided for in Public Law 104–91 and Public Law

10 104–92, including the costs of direct loans and loan guar11 antees (not otherwise specifically provided for in this Act)

12 at a rate for operations provided for in the conference re13 port and joint explanatory statement of the Committee of

14 Conference, House Report 104–384, on the Departments

15 of Veterans Affairs and Housing and Urban Development,

16 and Independent Agencies Appropriations Act, 1996

17 (H.R. 2099), as passed the House of Representatives on

18 December 7, 1995: Provided, That Senate amendment 63

19 shall be disposed of in the manner passed by the House

20 on December 7, 1995, as if enacted into law: Provided fur21 ther, That, notwithstanding any other provision of this

22 title of this Act, the rate for operations for the Corpora23 tion for National and Community Service, the Community

24 Development Financial Institutions Fund, and the Office

25 of Consumer Affairs may be increased up to a level of 75
28

•HR 2880 RDS

1 per centum of the fiscal year 1995 level: Provided further,

2 That, under the previous proviso, no new contracts or

3 grants shall be awarded in excess of an amount that bears

4 the same ratio to the rate for operations provided by the

5 previous proviso as the number of days covered by this

6 resolution bears to 366: Provided further, That the penul7 timate proviso under the heading ‘‘General Operating Ex8 penses’’ and sections 107 and 109 under the heading ‘‘Ad9 ministrative Provisions’’ in the Department of Veterans

10 Affairs are effective to the extent and in the manner, not11 withstanding any other provision of this Act, provided for

12 in the conference report and joint explanatory statement

13 of the Committee of Conference (House Report 104–384)

14 on the Departments of Veterans Affairs and Housing and

15 Urban Development, and Independent Agencies Appro16 priations Act, 1996 (H.R. 2099), as passed by the House

17 of Representatives on December 7, 1995.

18 SEC. 202. Unless otherwise provided for in this title

19 of this Act or in the applicable appropriations Act, appro20 priations and funds made available and authority granted

21 pursuant to this title of this Act shall be available until

22 (a) the enactment into law of an appropriation for any

23 project or activity provided for in this title of this Act,

24 or (b) the enactment into law of the applicable appropria25 tions Act by both Houses without any provision for such
29

•HR 2880 RDS

1 project or activity, or (c) March 15, 1996, whichever first

2 occurs.

3 SEC. 203. Appropriations made and authority grant4 ed pursuant to this title of this Act shall cover all obliga5 tions or expenditures incurred for any program, project,

6 or activity during the period for which funds or authority

7 for such project or activity are available under this title

8 of this Act.

9 SEC. 204. Expenditures made pursuant to this title

10 of this Act shall be charged to the applicable appropria11 tion, fund, or authorization whenever a bill in which such

12 applicable appropriation, fund, or authorization is con13 tained is enacted into law.

14 SEC. 205. Appropriations made by section 201 shall

15 be available to the extent and in the manner which would

16 be provided by the pertinent appropriations Act.

17 SEC. 206. No provision in the appropriations Act for

18 the fiscal year 1996 referred to in section 201 of this Act

19 that makes the availability of any appropriation provided

20 therein dependent upon the enactment of additional au21 thorizing or other legislation shall be effective before the

22 date set forth in section 202(c) of this Act.

23 SEC. 207. Appropriations and funds made available

24 by or authority granted pursuant to this title of this Act

25 may be used without regard to the time limitations for
30

•HR 2880 RDS

1 submission and approval of apportionments set forth in

2 section 1513 of title 31, United States Code, but nothing

3 herein shall be construed to waive any other provision of

4 law governing the apportionment of funds.

5 SEC. 208. Public Law 104–92 is amended by repeal6 ing Title II and by inserting in section 101(a) after the

7 paragraph ending with ‘‘under the Railroad Retirement

8 Board;’’ the following paragraphs: ‘‘All activities, includ9 ing administrative and beneficiary travel expenses of all

10 veterans benefit programs, necessary for the provision of

11 veterans benefits funded in the Department of Veterans

12 Affairs under the headings ‘‘Compensation and pensions’’,

13 ‘‘Readjustment benefits’’, ‘‘Veterans insurance and indem14 nities’’, ‘‘Guaranty and indemnity program account’’,

15 ‘‘Loan guaranty program account’’, ‘‘Direct loan program

16 account’’, ‘‘Education loan fund program account’’, ‘‘Vo17 cational rehabilitation loans program account’’, ‘‘Native

18 American veteran housing loan program account’’, and ‘‘

19 Administrative provisions, sec. 107’’ to the extent and in

20 the manner and at the rate for operations, notwithstand21 ing any other provision of this joint resolution, provided

22 for in the conference report and joint explanatory state23 ment of the Committee of Conference (House Report 104–

24 384) on the Departments of Veterans Affairs and Housing

25 and Urban Development, and Independent Agencies Ap-
31

•HR 2880 RDS

1 propriations Act, 1996 (H.R. 2099), as passed by the

2 House of Representatives on December 7, 1995;

3 All payments to contractors of the Veterans Health

4 Administration of the Department of Veterans Affairs for

5 goods and services that directly relate to patient health

6 and safety to the extent and in the manner and at the

7 rate for operations, notwithstanding any other provision

8 of this joint resolution, provided for in the conference re9 port and joint explanatory statement of the Committee of

10 Conference (House Report 104–384) on the Departments

11 of Veterans Affairs and Housing and Urban Development,

12 and Independent Agencies Appropriations Act, 1996

13 (H.R. 2099), as passed by the House of Representatives

14 on December 7, 1995;’’.

15 SEC. 209. Notwithstanding any other provision of

16 this title of this Act, except section 202, the amount made

17 available to the Securities and Exchange Commission,

18 under the heading Salaries and Expenses, shall include,

19 in addition to direct appropriations, the amount it collects

20 under the fee rate and offsetting collection authority con21 tained in Public Law 103–352, which fee rate and offset22 ting collection authority shall remain in effect during the

23 period of this title of this Act.

24 SEC. 210. Notwithstanding any other provision of

25 this title of this Act, except section 202, funds for the En-
32

•HR 2880 RDS

1 vironmental Protection Agency shall be made available in

2 the appropriation accounts which are provided in H.R.

3 2099 as reported on September 13, 1995.

4 SEC. 211. Public Law 104–91 is amended by insert5 ing after the words ‘‘the protection of the Federal judici6 ary’’ in section 101(a), the following: ‘‘to the extent and

7 in the manner and’’, and by inserting at the end of the

8 paragraph containing those words, but before the semi9 colon, the following: ‘‘: Provided, That, with the exception

10 of section 114, the General Provisions for the Department

11 of Justice included in title I of the aforementioned con12 ference report are hereby enacted into law’’.

13 SEC. 212. Nothwithstanding any other provision of

14 law or regulation, the National Aeronautics and Space Ad15 ministration shall convey, without reimbursement, to the

16 State of Mississippi, all rights, title and interest of the

17 United States in the property known as the Yellow Creek

18 Facility and consisting of approximately 1,200 acres near

19 the city of Iuka, Mississippi, including all improvements

20 thereon and also including any personal property owned

21 by NASA that is currently located on-site and which the

22 State of Mississippi requires to facilitate the transfer: Pro23 vided, That appropriated funds shall be used to effect this

24 conveyance: Provided further, That $10,000,000 in appro25 priated funds otherwise available to the National Aero-
33

•HR 2880 RDS

1 nautics and Space Administration shall be transferred to

2 the State of Mississippi to be used in the transition of

3 the facility: Provided further, That each Federal agency

4 with prior contact to the site shall remain responsible for

5 any and all environmental remediation made necessary as

6 a result of its activities on the site: Provided further, That

7 in consideration of this conveyance, the National Aero8 nautics and Space Administration may require such other

9 terms and conditions as the Administrator deems appro10 priate to protect the interests of the United States: Pro11 vided further, That the conveyance of the site and the

12 transfer of the funds to the State of Mississippi shall occur

13 not later than thirty days from the date of enactment of

14 this Act.

15 SEC. 213. Notwithstanding any other provision of

16 this title of this Act except section 202, projects and ac17 tivities under the account heading ‘‘Council on Environ18 mental Quality and Office of Environmental Quality’’ shall

19 be subject to the provisions of section 112 of Public Law

20 104–56.

21 SEC. 214. Notwithstanding any other provision of

22 this title of this Act except section 202, whenever the rate

23 for operations for any continuing project or activity pro24 vided by section 201 for which there is a budget request

25 would result in a furlough of Government employees, that
34

•HR 2880 RDS

1 rate for operations may be increased to the minimum level

2 that would enable the furlough to be avoided. No new con3 tracts or grants shall be awarded in excess of an amount

4 that bears the same ratio to the rate for operations pro5 vided by this section as the number of days covered by

6 this resolution bears to 366: Provided, That the first sen7 tence of section 214 shall not apply except to furloughs

8 that exceed one workday per pay period for the affected

9 workforce during the period of January 26, 1996 through

10 March 15, 1996.

11 TITLE III

12 FOREIGN OPERATIONS, EXPORT FINANCING,

13 AND RELATED PROGRAMS APPROPRIATIONS

14 SEC. 301. Such amounts as may be necessary for pro15 grams, projects, or activities provided for in the Foreign

16 Operations, Export Financing, and Related Programs Ap17 propriations Act, 1996 (H.R. 1868), at a rate for oper18 ations and to the extent and in the manner provided for

19 in the conference report and joint explanatory statement

20 of the Committee of Conference (House Report 104–295)

21 as passed by the House of Representatives on October 31,

22 1995, as if enacted into law, notwithstanding any other

23 provision of this title of this Act: Provided, That Senate

24 amendment numbered 115 shall be disposed of as follows,

25 as if enacted into law:
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•HR 2880 RDS

1 In lieu of the matter proposed by the Senate in

2 amendment numbered 115, insert the following:

3 ‘‘AUTHORIZATION OF POPULATION PLANNING

4 ‘‘SEC. 518A. Notwithstanding section 526 of this Act,

5 none of the funds made available in this Act for population

6 planning activities or other population assistance pursuant

7 to section 104(b) of the Foreign Assistance Act or any

8 other provision of law, or funds made available in title IV

9 of this Act as a contribution to the United Nations Popu10 lation Fund (UNFPA) may be obligated or expended prior

11 to July 1, 1996, unless such funding is expressly author12 ized by law: Provided, That if such funds are not author13 ized by law prior to July 1, 1996, funds appropriated in

14 title II of this Act for population planning activities or

15 other population assistance may be made available for ob16 ligation and expenditure in an amount not to exceed 65

17 percent of the total amount appropriated or otherwise

18 made available by Public Law 103–306 and Public Law

19 104–19 for such activities for fiscal year 1995, and funds

20 appropriated in title IV of this Act as a contribution to

21 the United Nations Population Fund (UNFPA) may be

22 made available for obligation and expenditure in an

23 amount not to exceed 65 percent of the total amount ap24 propriated or otherwise made available by Public Law

25 103–306 and Public Law 104–19 for a contribution to
36

•HR 2880 RDS

1 UNFPA for fiscal year 1995: Provided further, That, pur2 suant to the previous proviso, such funds may be appor3 tioned only on a monthly basis, beginning July 1, 1996

4 and ending September 30, 1997, and such monthly appor5 tionments may not exceed 6.67 percent of the total avail6 able for such activities: Provided further, That notwith7 standing any other provision of this Act, funds appro8 priated by this Act for the United Nations Population

9 Fund (UNFPA) shall remain available for obligation until

10 September 30, 1997.’’.

11 SEC. 302. Unless otherwise provided for in this title

12 of this Act or in the applicable appropriations Act, appro13 priations and funds made available and authority granted

14 pursuant to this this title of this Act shall be available

15 until (a) the enactment into law of an appropriation for

16 any project or activity provided for in this title of this Act,

17 or (b) the enactment into law of the applicable appropria18 tions Act by both Houses without any provision for such

19 project or activity, or (c) September 30, 1996, whichever

20 first occurs.

21 SEC. 303. Appropriations made and authority grant22 ed pursuant to this title of this Act shall cover all obliga23 tions or expenditures incurred for any program, project,

24 or activity during the period for which funds or authority
37

•HR 2880 RDS

1 for such project or activity are available under this title

2 of this Act.

3 SEC. 304. Expenditures made pursuant to this title

4 of this act shall be charged to the applicable appropriation,

5 fund, or authorization whenever a bill in which such appli6 cable appropriation, fund, or authorization is contained is

7 enacted into law.

8 TITLE IV

9 HOUSING AND URBAN DEVELOPMENT

10 SEC. 401. During fiscal year 1996, the Secretary of

11 Housing and Urban Development may manage and dis12 pose of multifamily properties owned by the Secretary, in13 cluding the provision for grants from the General Insur14 ance Fund (12 U.S.C. 1735c) for the necessary costs of

15 rehabilitation and other related development costs and

16 multifamily mortgages held by the Secretary without re17 gard to any other provision of law.

18 PUBLIC AND ASSISTED HOUSING RENTS, INCOME

19 ADJUSTMENTS, AND PREFERENCES

20 SEC. 402. (a) MINIMUM RENTS.—Notwithstanding

21 sections 3(a) and 8(o)(2) of the United States Housing

22 Act of 1937, as amended, effective for fiscal year 1996

23 and no later than October 30, 1995—

24 (1) public housing agencies shall require each

25 family who is assisted under the certificate or mod-
38

•HR 2880 RDS

1 erate rehabilitation program under section 8 of such

2 Act to pay a minimum monthly rent of not less than

3 $25, and may require a minimum monthly rent of

4 up to $50;

5 (2) public housing agencies shall reduce the

6 monthly assistance payment on behalf of each family

7 who is assisted under the voucher program under

8 section 8 of such Act so that the family pays a mini9 mum monthly rent of not less than $25, and may re10 quire a minimum monthly rent of up to $50;

11 (3) with respect to housing assisted under other

12 programs for rental assistance under section 8 of

13 such Act, the Secretary shall require each family

14 who is assisted under such program to pay a mini15 mum monthly rent of not less than $25 for the unit,

16 and may require a minimum monthly rent of up to

17 $50; and

18 (4) public housing agencies shall require each

19 family who is assisted under the public housing pro20 gram (including public housing for Indian families)

21 of such Act to pay a minimum monthly rent of not

22 less than $25, and may require a minimum monthly

23 rent of up to $50.

24 (b) ESTABLISHMENT OF CEILING RENTS.—
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1 (1) Section 3(a)(2) of the United States Hous2 ing Act of 1937 is amended to read as follows:

3 ‘‘(2) Notwithstanding paragraph (1), a public

4 housing agency may—

5 ‘‘(A) adopt ceiling rents that reflect the

6 reasonable market value of the housing, but

7 that are not less than the monthly costs—

8 ‘‘(i) to operate the housing of the

9 agency; and

10 ‘‘(ii) to make a deposit to a replace11 ment reserve (in the sole discretion of the

12 public housing agency); and

13 ‘‘(B) allow families to pay ceiling rents re14 ferred to in subparagraph (A), unless, with re15 spect to any family, the ceiling rent established

16 under this paragraph would exceed the amount

17 payable as rent by that family under paragraph

18 (1).’’.

19 (2) REGULATIONS.—

20 (A) IN GENERAL.—The Secretary shall, by

21 regulation, after notice and an opportunity for

22 public comment, establish such requirements as

23 may be necessary to carry out section

24 3(a)(2)(A) of the United States Housing Act of

25 1937, as amended by paragraph (1).
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1 (B) TRANSITION RULE.—Prior to the issu2 ance of final regulations under paragraph (1),

3 a public housing agency may implement ceiling

4 rents, which shall be not less than the monthly

5 costs to operate the housing of the agency

6 and—

7 (i) determined in accordance with sec8 tion 3(a)(2)(A) of the United States Hous9 ing Act of 1937, as that section existed on

10 the day before enactment of this Act;

11 (ii) equal to the 95th percentile of the

12 rent paid for a unit of comparable size by

13 tenants in the same public housing project

14 or a group of comparable projects totaling

15 50 units or more; or

16 (iii) equal to the fair market rent for

17 the area in which the unit is located.

18 (c) DEFINITION OF ADJUSTED INCOME.—Section

19 3(b)(5) of the United States Housing Act of 1937 is

20 amended—

21 (1) at the end of subparagraph (F), by striking

22 ‘‘and’’;

23 (2) at the end of subparagraph (G), by striking

24 the period and inserting ‘‘; and’’; and
41

•HR 2880 RDS

1 (3) by inserting after subparagraph (G) the fol2 lowing:

3 ‘‘(H) for public housing, any other adjust4 ments to earned income established by the pub5 lic housing agency. If a public housing agency

6 adopts other adjustments to income pursuant to

7 subparagraph (H), the Secretary shall not take

8 into account any reduction of or increase in the

9 public housing agency’s per unit dwelling rental

10 income resulting from those adjustments when

11 calculating the contributions under section 9 for

12 the public housing agency for the operation of

13 the public housing.’’.

14 (d) REPEAL OF FEDERAL PREFERENCES.—

15 (1) PUBLIC HOUSING.—Section 6(c)(4)(A) of

16 the United States Housing Act of 1937 (42 U.S.C.

17 1437d(c)(4)(A)) is amended to read as follows:

18 ‘‘(A) the establishment, after public notice

19 and an opportunity for public comment, of a

20 written system of preferences for admission to

21 public housing, if any, that is not inconsistent

22 with the comprehensive housing affordability

23 strategy under title I of the Cranston-Gonzalez

24 National Affordable Housing Act;’’.
42

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1 (2) SECTION 8 EXISTING AND MODERATE REHA2 BILITATION.—Section 8(d)(1)(A) of the United

3 States Housing Act of 1937 (42 U.S.C.

4 1437f(d)(1)(A)) is amended to read as follows:

5 ‘‘(A) the selection of tenants shall be the

6 function of the owner, subject to the provisions

7 of the annual contributions contract between

8 the Secretary and the agency, except that for

9 the certificate and moderate rehabilitation pro10 grams only, for the purpose of selecting families

11 to be assisted, the public housing agency may

12 establish, after public notice and an opportunity

13 for public comment, a written system of pref14 erences for selection that is not inconsistent

15 with the comprehensive housing affordability

16 strategy under title I of the Cranston-Gonzalez

17 National Affordable Housing Act;’’.

18 (3) SECTION 8 VOUCHER PROGRAM.—Section

19 8(o)(3)(B) of the United States Housing Act of

20 1937 (42 U.S.C. 1437f(o)(3)(B)) is amended to read

21 as follows:

22 ‘‘(B) For the purpose of selecting families

23 to be assisted under this subsection, the public

24 housing agency may establish, after public no25 tice and an opportunity for public comment, a
43

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1 written system of preferences for selection that

2 is not inconsistent with the comprehensive

3 housing affordability strategy under title I of

4 the Cranston-Gonzalez National Affordable

5 Housing Act.’’.

6 (4) SECTION 8 NEW CONSTRUCTION AND SUB7 STANTIAL REHABILITATION.—

8 (A) REPEAL.—Section 545(c) of the Cran9 ston-Gonzalez National Affordable Housing Act

10 (42 U.S.C. 1437f note) is amended to read as

11 follows:

12 ‘‘(c) [Reserved.]’’.

13 (B) PROHIBITION.—Notwithstanding any

14 other provision of law, no Federal tenant selec15 tion preferences under the United States Hous16 ing Act of 1937 shall apply with respect to—

17 (i) housing constructed or substan18 tially rehabilitated pursuant to assistance

19 provided under section 8(b)(2) of the Unit20 ed States Housing Act of 1937 (as such

21 section existed on the day before October

22 1, 1983); or

23 (ii) projects financed under section

24 202 of the Housing Act of 1959 (as such

25 section existed on the day before the date
44

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1 of enactment of the Cranston-Gonzalez

2 National Affordable Housing Act).

3 (5) RENT SUPPLEMENTS.—Section 101(k) of

4 the Housing and Urban Development Act of 1965

5 (12 U.S.C. 1701s(k)) is amended to read as follows:

6 ‘‘(k) [Reserved.]’’.

7 (6) CONFORMING AMENDMENTS.—

8 (A) UNITED STATES HOUSING ACT OF

9 1937.—The United States Housing Act of 1937

10 (42 U.S.C. 1437 et seq.) is amended—

11 (i) in section 6(o), by striking ‘‘pref12 erence rules specified in’’ and inserting

13 ‘‘written system of preferences for selection

14 established pursuant to’’;

15 (ii) in the second sentence of section

16 7(a)(2), by striking ‘‘according to the pref17 erences for occupancy under’’ and inserting

18 ‘‘in accordance with the written system of

19 preferences for selection established pursu20 ant to’’;

21 (iii) in section 8(d)(2)(A), by striking

22 the last sentence;

23 (iv) in section 8(d)(2)(H), by striking

24 ‘‘Notwithstanding subsection (d)(1)(A)(i),

25 an’’ and inserting ‘‘An’’;
45

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1 (v) in section 16(c), in the second sen2 tence, by striking ‘‘the system of pref3 erences established by the agency pursuant

4 to section 6(c)(4)(A)(ii)’’ and inserting

5 ‘‘the written system of preferences for se6 lection established by the public housing

7 agency pursuant to section 6(c)(4)(A)’’;

8 and

9 (vi) in section 24(e)—

10 (I) by striking ‘‘(e) EXCEP11 TIONS’’ and all that follows through

12 ‘‘The Secretary may’’ and inserting

13 the following:

14 ‘‘(e) EXCEPTION TO GENERAL PROGRAM REQUIRE15 MENTS.—The Secretary may’’; and

16 (II) by striking paragraph (2).

17 (B) CRANSTON-GONZALEZ NATIONAL AF18 FORDABLE HOUSING ACT.—Section

19 522(f)(6)(B) of the Cranston-Gonzalez National

20 Affordable Housing Act (42 U.S.C. 12704 et

21 seq.) is amended by striking ‘‘any preferences

22 for such assistance under section 8(d)(1)(A)(i)’’

23 and inserting ‘‘the written system of pref24 erences for selection established pursuant to

25 section 8(d)(1)(A)’’.
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1 (C) HOUSING AND COMMUNITY DEVELOP2 MENT ACT OF 1992.—Section 655 of the Hous3 ing and Community Development Act of 1992

4 (42 U.S.C. 13615) is amended by striking ‘‘the

5 preferences’’ and all that follows up to the pe6 riod at the end and inserting ‘‘any preferences’’.

7 (D) REFERENCES IN OTHER LAW.—Any

8 reference in any Federal law other than any

9 provision of any law amended by paragraphs

10 (1) through (5) of this subsection to the pref11 erences for assistance under section

12 6(c)(4)(A)(i), 8(d)(1)(A)(i), or 8(o)(3)(B) of the

13 United States Housing Act of 1937 (as such

14 sections existed on the day before the date of

15 enactment of this Act) shall be considered to

16 refer to the written system of preferences for

17 selection established pursuant to section

18 6(c)(4)(A), 8(d)(1)(A), or 8(o)(3)(B), respec19 tively, of the United States Housing Act of

20 1937, as amended by this section.

21 (e) APPLICABILITY.—In accordance with section

22 201(b)(2) of the United States Housing Act of 1937, the

23 amendments made by subsections (a), (b), (c), (d), and

24 (f) of this section shall also apply to public housing devel25 oped or operated pursuant to a contract between the Sec-
47

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1 retary of Housing and Urban Development and an Indian

2 housing authority.

3 (f) This section shall be effective upon the enactment

4 of this Act and only for fiscal year 1996.

5 SECTION 8 FAIR MARKET RENTALS, ADMINISTRATIVE

6 FEES, AND DELAY IN REISSUANCE

7 SEC. 403. (a) FAIR MARKET RENTALS.—The Sec8 retary shall establish fair market rentals for purposes of

9 section 8(c)(1) of the United States Housing Act of 1937,

10 as amended, that shall be effective for fiscal year 1996

11 and shall be based on the 40th percentile rent of rental

12 distributions of standard quality rental housing units. In

13 establishing such fair market rentals, the Secretary shall

14 consider only the rents for dwelling units occupied by re15 cent movers and may not consider the rents for public

16 housing dwelling units or newly constructed rental dwell17 ing units.

18 (b) ADMINISTRATIVE FEES.—Notwithstanding sec19 tions 8(q) (1) and (4) of the United States Housing Act

20 of 1937, for fiscal year 1996, the fee for each month for

21 which a dwelling unit is covered by an assistance contract

22 under the certificate, voucher, or moderate rehabilitation

23 program under section 8 of such Act shall be equal to the

24 monthly fee payable for fiscal year 1995: Provided, That

25 this subsection shall be applicable to all amounts made
48

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1 available for such fees during fiscal year 1996, as if in

2 effect on October 1, 1995.

3 (c) DELAY REISSUANCE OF VOUCHERS AND CERTIFI4 CATES.—Notwithstanding any other provision of law, a

5 public housing agency administering certificate or voucher

6 assistance provided under subsection (b) or (o) of section

7 8 of the United States Housing Act of 1937, as amended,

8 shall delay for 3 months, the use of any amounts of such

9 assistance (or the certificate or voucher representing as10 sistance amounts) made available by the termination dur11 ing fiscal year 1996 of such assistance on behalf of any

12 family for any reason, but not later than October 1, 1996;

13 with the exception of any certificates assigned or commit14 ted to project-based assistance as permitted otherwise by

15 the Act, accomplished prior to the effective date of this

16 Act.

17 REPEAL OF PROVISIONS REGARDING INCOME DISREGARDS

18 SEC. 404. (a) MAXIMUM ANNUAL LIMITATION ON

19 RENT INCREASES RESULTING FROM EMPLOYMENT.—

20 Section 957 of the Cranston-Gonzalez National Affordable

21 Housing Act is hereby repealed, retroactive to November

22 28, 1990, and shall be of no effect.

23 (b) ECONOMIC INDEPENDENCE.—Section 923 of the

24 Housing and Community Development Act of 1992 is
49

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1 hereby repealed, retroactive to October 28, 1992, and shall

2 be of no effect.

3 SECTION 8 CONTRACT RENEWALS

4 SEC. 405. (a) For fiscal year 1996 and henceforth,

5 the Secretary of Housing and Urban Development may

6 use amounts available for the renewal of assistance under

7 section 8 of the United States Housing Act of 1937, upon

8 termination or expiration of a contract for assistance

9 under section 8 of such Act of 1937 (other than a contract

10 for tenant-based assistance and notwithstanding section

11 8(v) of such Act for loan management assistance), to pro12 vide assistance under section 8 of such Act, subject to the

13 Section 8 Existing Fair Market Rents, for the eligible

14 families assisted under the contracts at expiration or ter15 mination, which assistance shall be in accordance with

16 terms and conditions prescribed by the Secretary.

17 (b) Notwithstanding subsection (a) and except for

18 projects assisted under section 8(e)(2) of the United

19 States Housing Act of 1937 (as it existed immediately

20 prior to October 1, 1991), at the request of the owner,

21 the Secretary shall renew for a period of one year con22 tracts for assistance under section 8 that expire or termi23 nate during fiscal year 1996 at the current rent levels.

24 (c) Section 8(v) of the United States Housing Act

25 of 1937 is amended to read as follows: ‘‘The Secretary
50

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1 may extend expiring contracts entered into under this sec2 tion for project-based loan management assistance to the

3 extent necessary to prevent displacement of low-income

4 families receiving such assistance as of September 30,

5 1996.’’.

6 (d) Section 236(f) of the National Housing Act (12

7 U.S.C. 1715z–1(f)) is amended:

8 (1) by striking the second sentence in para9 graph (1) and inserting in lieu thereof the following:

10 ‘‘The rental charge for each dwelling unit shall be at

11 the basic rental charge or such greater amount, not

12 exceeding the lower of (i) the fair market rental

13 charge determined pursuant to this paragraph, or

14 (ii) the fair market rental established under section

15 8(c) of the United States Housing Act of 1937 for

16 the market area in which the housing is located, as

17 represents 30 per centum of the tenant’s adjusted

18 income.’’; and

19 (2) by striking paragraph (6).’’.

20 EXTENSION OF HOME EQUITY CONVERSION MORTGAGE

21 PROGRAM

22 SEC. 406. Section 255(g) of the National Housing

23 Act (12 U.S.C. 1715z–20(g)) is amended—
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1 (1) in the first sentence, by striking ‘‘Septem2 ber 30, 1995’’ and inserting ‘‘September 30, 1996’’;

3 and

4 (2) in the second sentence, by striking

5 ‘‘25,000’’ and inserting ‘‘30,000’’.

6 FHA SINGLE-FAMILY ASSIGNMENT PROGRAM REFORM

7 SEC. 407. (a) FORECLOSURE AVOIDANCE.—Except

8 as provided in subsection (e), the last sentence of section

9 204(a) of the National Housing Act (12 U.S.C. 1710(a))

10 is amended by inserting before the period the following:

11 ‘‘: And provided further, That the Secretary may pay in12 surance benefits to the mortgagee to recompense the mort13 gagee for its actions to provide an alternative to the fore14 closure of a mortgage that is in default, which actions may

15 include special foreclosure, loan modification, and deeds

16 in lieu of foreclosure, all upon terms and conditions as

17 the mortgagee shall determine in the mortgagee’s sole dis18 cretion, within guidelines provided by the Secretary, but

19 which may not include assignment of a mortgage to the

20 Secretary: And provided further, That for purposes of the

21 preceding proviso, no action authorized by the Secretary

22 and no action taken, nor any failure to act, by the Sec23 retary or the mortgagee shall be subject to judicial re24 view.’’.
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1 (b) AUTHORITY TO ASSIST MORTGAGORS IN DE2 FAULT.—Except as provided in subsection (e), section 230

3 of the National Housing Act (12 U.S.C. 1715u) is amend4 ed to read as follows:

5 ‘‘AUTHORITY TO ASSIST MORTGAGORS IN DEFAULT

6 ‘‘SEC. 230. (a) PAYMENT OF PARTIAL CLAIM.—The

7 Secretary may establish a program for payment of a par8 tial claim to a mortgagee that agrees to apply the claim

9 amount to payment of a mortgage on a 1- to 4-family resi10 dence that is in default. Any such payment under such

11 program to the mortgagee shall be made in the sole discre12 tion of the Secretary and on terms and conditions accept13 able to the Secretary, except that—

14 ‘‘(1) the amount of the payment shall be in an

15 amount determined by the Secretary, not to exceed

16 an amount equivalent to 12 of the monthly mortgage

17 payments and any costs related to the default that

18 are approved by the Secretary; and

19 ‘‘(2) the mortgagor shall agree to repay the

20 amount of the insurance claim to the Secretary upon

21 terms and conditions acceptable to the Secretary.

22 The Secretary may pay the mortgagee, from the appro23 priate insurance fund, in connection with any activities

24 that the mortgagee is required to undertake concerning
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1 repayment by the mortgagor of the amount owed to the

2 Secretary.

3 ‘‘(b) ASSIGNMENT.—

4 ‘‘(1) PROGRAM AUTHORITY.—The Secretary

5 may establish a program for assignment to the Sec6 retary, upon request of the mortgagee, of a mort7 gage on a 1- to 4-family residence insured under this

8 Act.

9 ‘‘(2) PROGRAM REQUIREMENTS.—The Sec10 retary may accept assignment of a mortgage under

11 a program under this subsection only if—

12 ‘‘(A) the mortgage was in default;

13 ‘‘(B) the mortgagee has modified the mort14 gage to cure the default and provide for mort15 gage payments within the reasonable ability of

16 the mortgagor to pay, at interest rates not ex17 ceeding current market interest rates; and

18 ‘‘(C) the Secretary arranges for servicing

19 of the assigned mortgage by a mortgagee

20 (which may include the assigning mortgagee)

21 through procedures that the Secretary has de22 termined to be in the best interests of the ap23 propriate insurance fund.

24 ‘‘(3) PAYMENT OF INSURANCE BENEFITS.—

25 Upon accepting assignment of a mortgage under a
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1 program established under this subsection, the Sec2 retary may pay insurance benefits to the mortgagee

3 from the appropriate insurance fund, in an amount

4 that the Secretary determines to be appropriate, not

5 to exceed the amount necessary to compensate the

6 mortgagee for the assignment and any losses and ex7 penses resulting from the mortgage modification.

8 ‘‘(c) PROHIBITION OF JUDICIAL REVIEW.—No deci9 sion by the Secretary to exercise or forego exercising any

10 authority under this section shall be subject to judicial re11 view.

12 ‘‘(d) SAVINGS PROVISION.—Any mortgage for which

13 the mortgagor has applied to the Secretary, before the

14 date of enactment of the Departments of Veterans Affairs

15 and Housing and Urban Development, and Independent

16 Agencies Appropriations Act, 1996, for assignment pursu17 ant to subsection (b) of this section as in effect before

18 such date of enactment shall continue to be governed by

19 the provisions of this section, as in effect immediately be20 fore such date of enactment.

21 ‘‘(e) APPLICABILITY OF OTHER LAWS.—No provision

22 of this Act, or any other law, shall be construed to require

23 the Secretary to provide an alternative to foreclosure for

24 mortgagees with mortgages on 1- to 4-family residences
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1 insured by the Secretary under this Act, or to accept as2 signments of such mortgages.’’.

3 (c) APPLICABILITY OF AMENDMENTS.—Except as

4 provided in subsection (e), the amendments made by sub5 sections (a) and (b) shall apply only with respect to mort6 gages insured under the National Housing Act that are

7 originated before October 1, 1995.

8 (d) REGULATIONS.—Not later than 60 days after the

9 date of enactment of this Act, the Secretary of Housing

10 and Urban Development shall issue interim regulations to

11 implement this section and the amendments made by this

12 section.

13 (e) EFFECTIVENESS AND APPLICABILITY.—If this

14 Act is enacted after the date of enactment of the Balanced

15 Budget Act of 1995—

16 (1) subsections (a), (b), (c), and (d) of this sec17 tion shall not take effect; and

18 (2) section 2052(c) of the Balanced Budget Act

19 of 1995 is amended by striking ‘‘that are originated

20 on or after October 1, 1995’’ and inserting in lieu

21 thereof ‘‘that are originated before, during, and after

22 fiscal year 1996.’’.
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1 This Act may be cited as ‘‘The Balanced Budget

2 Downpayment Act, I’’.

Passed the House of Representatives January 25,

1996.

Attest: ROBIN H. CARLE,

Clerk.

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