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[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2880 Received in Senate (RDS)]

  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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,
    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That the following sums 
are hereby appropriated, out of any money in the Treasury not otherwise 
appropriated, and out of applicable corporate or other revenues, 
receipts, and funds, for the several departments, agencies, 
corporations, and other organizational units of Government for the 
fiscal year 1996, and for other purposes, namely:

                                TITLE I

    Sec. 101. (a) Such amounts as may be necessary under the authority 
and conditions provided in the applicable appropriations Act for the 
fiscal year 1995 including the authority and conditions provided in 
emergency supplemental appropriations Acts for fiscal year 1995 for 
continuing projects or activities, except for those projects and 
activities provided for in Public Law 104-91 and Public Law 104-92, 
including the costs of direct loans and loan guarantees (not otherwise 
specifically provided for in this Act) which were conducted in the 
fiscal year 1995 and for which appropriations, funds, or other 
authority would be available in the following appropriations Act as 
passed each House, excluding conference reports:
            The Department of the Interior and Related Agencies 
        Appropriations Act, 1996; and
            The Departments of Labor, Health and Human Services, and 
        Education, and Related Agencies Appropriations Act, 1996:
Provided, That whenever the amount which would be made available or the 
authority which would be granted in these Acts is greater than that 
which would be available or granted under current operations, the 
pertinent project or activity shall be continued at a rate for 
operations not exceeding the current rate.
    (b) Whenever the amount which would be made available or the 
authority which would be granted under an Act listed in this section as 
passed by the House as of the date of enactment of this Act, is 
different from that which would be available or granted under such Act 
as passed by the Senate as of the date of enactment of this Act, the 
pertinent project or activity shall be continued at a rate for 
operations not exceeding the current rate or the rate permitted by the 
action of the House or the Senate, whichever is lower, under the 
authority and conditions provided in the applicable appropriations Act 
for the fiscal year 1995: Provided, That where an item is not included 
in either version or where an item is included in only one version of 
the Act as passed by both Houses as of the date of enactment of this 
Act, the pertinent project or activity shall not be continued except as 
provided for in section 111 under the appropriation, fund, or authority 
granted by the applicable appropriations Act for the fiscal year 1995 
and under the authority and conditions provided in the applicable 
appropriations Act for the fiscal year 1995.
    (c) Whenever an Act listed in this section has been passed by only 
the House or only the Senate as of the date of enactment of this Act, 
the pertinent project or activity shall be continued under the 
appropriation, fund, or authority granted by the one House at a rate 
for operations not exceeding the current rate or the rate permitted by 
the action of the one House, whichever is lower, and under the 
authority and conditions provided in the applicable appropriations Act 
for the fiscal year 1995: Provided, That where an item is funded in the 
applicable appropriations Act for the fiscal year 1995 and not included 
in the version passed by the one House as of the date of enactment of 
this Act, the pertinent project or activity shall not be continued 
except as provided for in section 111 under the appropriation, fund, or 
authority granted by the applicable appropriations Act for the fiscal 
year 1995 and under the authority and conditions provided in the 
applicable appropriations Act for the fiscal year 1995.
    Sec. 102. Appropriations made by section 101 shall be available to 
the extent and in the manner which would be provided by the pertinent 
appropriations Act.
    Sec. 103. No appropriations or funds made available or authority 
granted pursuant to section 101 shall be used to initiate or resume any 
project or activity for which appropriations, funds, or other authority 
were not available during the fiscal year 1995.
    Sec. 104. No provision which is included in an appropriations Act 
enumerated in section 101 but which was not included in the applicable 
appropriations Act for fiscal year 1995 and which by its terms is 
applicable to more than one appropriation, fund, or authority shall be 
applicable to any appropriation, fund, or authority provided in this 
title of this Act.
    Sec. 105. Appropriations made and authority granted pursuant to 
this title of this Act shall cover all obligations or expenditures 
incurred for any program, project, or activity during the period for 
which funds or authority for such project or activity are available 
under this Act.
    Sec. 106. Unless otherwise provided for in this title of this Act 
or in the applicable appropriations Act, appropriations and funds made 
available and authority granted pursuant to this title of this Act 
shall be available until (a) enactment into law of an appropriation for 
any project or activity provided for in this title of this Act, or (b) 
the enactment into law of the applicable appropriations Act without any 
provision for such project or activity, or (c) March 15, 1996, 
whichever first occurs.
    Sec. 107. This title of this Act shall be implemented so that only 
the most limited funding action of that permitted in title of this Act 
shall be taken in order to provide for continuation of projects and 
activities.
    Sec. 108. Expenditures made pursuant to this title of this Act 
shall be charged to the applicable appropriation, fund, or 
authorization whenever a bill in which such applicable appropriation, 
fund, or authorization is contained is enacted into law.
    Sec. 109. No provision in the appropriations Act for the fiscal 
year 1996 referred to in section 101 of this Act that makes the 
availability of any appropriation provided therein dependent upon the 
enactment of additional authorizing or other legislation shall be 
effective before the date set forth in section 106(c) of this Act.
    Sec. 110. Appropriations and funds made available by or authority 
granted pursuant to this title of this Act may be used without regard 
to the time limitations for submission and approval of apportionments 
set forth in section 1513 of title 31, United States Code, but nothing 
herein shall be construed to waive any other provision of law governing 
the apportionment of funds.
    Sec. 111. Notwithstanding any other provision of this title of this 
Act, except section 106, whenever an Act listed in section 101 as 
passed by both the House and the Senate as of the date of enactment of 
this Act, does not include funding for an ongoing project or activity 
for which there is a budget request, or whenever an Act listed in 
section 101 has been passed by only the House or only the Senate as of 
the date of enactment of this Act, and an item funded in fiscal year 
1995 is not included in the version passed by the one House, or 
whenever the rate for operations for an ongoing project or activity 
provided by section 101 for which there is a budget request would 
result in the project or activity being significantly reduced, the 
pertinent project or activity may be continued under the authority and 
conditions provided in the applicable appropriations Act for the fiscal 
year 1995 by increasing the rate for operations provided by section 101 
to a rate for operations not to exceed one that provides the minimal 
level that would enable existing activities to continue. No new 
contracts or grants shall be awarded in excess of an amount that bears 
the same ratio to the rate for operations provided by this section as 
the number of days covered by this title of this Act bears to 366. For 
the purposes of this title of this Act, the minimal level means a rate 
for operations that is reduced from the current rate by 25 percent.
    Sec. 112. Notwithstanding any other provision of this title of this 
Act, except section 106, whenever the rate for operations for any 
continuing project or activity provided by section 101 or section 111 
for which there is a budget request would result in a furlough of 
Government employees, that rate for operations may be increased to the 
minimum level that would enable the furlough to be avoided. No new 
contracts or grants shall be awarded in excess of an amount that bears 
the same ratio to the rate for operations provided by this section as 
the number of days covered by this resolution bears to 366: Provided, 
That the first sentence of section 112 shall not apply except to 
furloughs that exceed one workday per pay period for the affected 
workforce during the period of January 26, 1996 through March 15, 1996.
    Sec. 113. Notwithstanding any other provision of this title of this 
Act, except sections 106 and 111, for those programs that had high 
initial rates of operation or complete distribution of funding at the 
beginning of the fiscal year in fiscal year 1995 because of 
distributions of funding to States, foreign countries, grantees, or 
others, similar distributions of funds for fiscal year 1996 shall not 
be made and no grants shall be awarded for such programs funded by this 
title of this Act that would impinge on final funding prerogatives.
    Sec. 114. Notwithstanding any other provision of this title of this 
Act, except section 106, any distribution of funding under the 
Rehabilitation Services and Disability Research account in the 
Department of Education may be made up to an amount that bears the same 
ratio to the rate for operation for this account provided by this title 
of this Act as the number of days covered by this title of this Act 
bears to 366.
    Sec. 115. Notwithstanding any other provision of this Act, except 
section 106, the rate for operations of the following projects or 
activities shall be only the minimum necessary to accomplish orderly 
termination:
            Child Development Associate Scholarships in the Department 
        of Health and Human Services;
            Dependent Care Planning and Development in the Department 
        of Health and Human Services;
            Law Related Education in the Department of Education;
            Dropout Prevention Demonstrations in the Department of 
        Education;
            Aid for Institutional Development--Endowment Grants in the 
        Department of Education;
            Aid for Institutional Development--Evaluation in the 
        Department of Education;
            Native Hawaiian and Alaska Native Cultural Arts;
            Innovative Projects in Community Service in the Department 
        of Education;
            Cooperative Education in the Department of Education; and
            Douglas Teacher Scholarships in the Department of 
        Education.
    Sec. 116. Compensation and Ratification of Authority.--(a) Any 
Federal employees furloughed as a result of a lapse in appropriations, 
if any, after midnight November 13, 1995, until the enactment of this 
Act shall be compensated at their standard rate of compensation for the 
period during which there was a lapse in appropriations.
    All obligations incurred in anticipation of the appropriations made 
and the authority granted by this title of this Act for the purposes of 
maintaining the essential level of activity to protect life and 
property and bring about orderly termination of Government functions 
are hereby ratified and approved if otherwise in accord with the 
provisions of this title of this Act.
    Sec. 117. Notwithstanding any other provision of this title of this 
Act, except section 106, upon enactment of this Act any new grants or 
contracts for the following programs shall be made at a level not to 
exceed a rate of 75 per centum of prior monthly awards:
        Department of Health and Human Services:
                Health Resources and Services Administration:
                        Health Resources and Services:
                                Trauma Care
                                Health Care Facilities
                Assistant Secretary for Health:
                        Office of the Assistant Secretary for
                          Health:
                                National Vaccine Program
                                Health Care Reform Data Analysis
                                National AIDS Program Office
                Health Care Financing Administration:
                        Program Management:
                                Essential Access Community
                                  Hospitals
                Administration for Children and Families:
                        Children and Families Services Program:
                                Youth Gang Substance Abuse
                                Advisory Board on Child Abuse and
                                  Neglect
                                Child Welfare Research
                                Social Services Research
                                Homeless Service Grants
                                Community Schools (crime trust fund)
                Administration on Aging:
                        Aging Services Programs:
                                Pension Counseling
                                Federal Council on Aging
                                White House Conference on Aging
        Department of Education:
                Education for the Disadvantaged:
                                State School Improvement
                School Improvement Programs:
                                Safe and Drug Free Schools and
                                  Communities: National Program
                                Women's Educational Equity
                Bilingual and Immigrant Education:
                                Bilingual Education Support Services
                Higher Education:
                                Faculty Development Fellowships
                                School, College, and University
                                  Partnerships
        Related Agencies:
                Corporation for National and Community
                  Service:
                        Domestic Volunteer Service Programs,
                          Operating Expenses:
                                Senior Demonstration Program
                National Education Standards and
                  Improvement Council.
    Sec. 118. Notwithstanding any other provision of law or this Act, 
upon enactment of this Act the Secretary of each cabinet level 
department other than State, Defense, Ambassador to the United Nations, 
and Central Intelligence shall not obligate a total amount of funds for 
their individual official travel expenses for fiscal year 1996 that 
would be greater than 110 per centum of the average total amount of the 
individual official travel expenses of the relevant departmental 
secretary for the fiscal years 1990 through 1995.
    Sec. 119. Notwithstanding any other provision of law or of this 
title of this Act, the maximum Pell Grant for which a student shall be 
eligible under the Higher Education Act of 1965, as amended, during 
award year 1996-1997 shall be at least $2,440.
    Sec. 120. Notwithstanding any other provision of law, the first 
proviso under the heading ``Education for the disadvantaged'' in title 
III of H.R. 2127, as passed by the House of Representatives, shall take 
effect upon enactment of this Act.
     Sec. 121. 501 First Street SE., District of Columbia.
    (a) Disposal of Real Property.--
            (1) In general.--The Architect of the Capitol shall dispose 
        of by sale at fair market value all right, title, and interest 
        of the United States in and to the parcel of real property 
        described in paragraph (9), including all improvements to such 
        real property. Such disposal shall be made by quitclaim deed.
            (2) House office building commission.--The Architect of the 
        Capitol shall carry out this section under the direction of the 
        House Office Building Commission.
            (3) Procedures.--Notwithstanding any other provision of 
        law, the disposal under paragraph (1) shall be made in 
        accordance with such procedures as the Architect of the Capitol 
        determines appropriate.
            (4) Sense of congress.--It is the sense of Congress that 
        the child care center of the House of Representatives should 
        remain in operation during the implementation of this section.
            (5) Terms and conditions.--The deed of conveyance for the 
        property to be disposed of under paragraph (1) shall contain 
        such terms and conditions as the Architect of the Capitol 
        determines are necessary to protect the interests of the United 
        States.
            (6) Deposit of proceeds.--All proceeds from the disposal 
        under paragraph (1) shall be deposited in the account 
        established by subsection (b).
            (7) Advertising and marketing.--The Architect of the 
        Capitol shall begin advertising and marketing the property to 
        be disposed of under paragraph (1) not later than 30 days after 
        the date of the enactment of this Act.
            (8) Local zoning and occupancy requirements.--Until such 
        date as the purchaser of the property to be disposed of under 
        paragraph (1) takes full occupancy of such property, such 
        property and the tenants of such property shall be deemed to be 
        in compliance with all applicable zoning and occupancy 
        requirements of the District of Columbia.
            (9) Property description.--The parcel of real property 
        referred to in paragraph (1) is the approximately 31,725 square 
        feet of land located at 501 First Street, SE., on square 736 S, 
        Lot 801 (formerly part of Reservation 17) in the District of 
        Columbia. Such parcel is bounded by E Street, SE., to the 
        north, First Street, SE., to the east, New Jersey Avenue, SE., 
        to the west, and Garfield Park to the south.
    (b) Separate Account in the Treasury.--
            (1) Establishment.--There is established in the Treasury of 
        the United States a separate account which shall consist of 
        amounts deposited into the account by the Architect of the 
        Capitol under subsection (a).
            (2) Availability of funds.--Funds in the account 
        established by paragraph (1) shall be available, in such 
        amounts as are specified in appropriations Acts, to the 
        Architect of the Capitol for--
                    (A) payment of expenses associated with relocating 
                the tenants of the property to be disposed of under 
                subsection (a)(1);
                    (B) payment of expenses associated with renovating 
                facilities under the jurisdiction of the Architect for 
                the purpose of accommodating such tenants; and
                    (C) reimbursement of expenses incurred for 
                advertising and marketing activities related to the 
                disposal under subsection (a)(1) in a total amount of 
                not to exceed $75,000.
        Funds made available under this paragraph shall not be subject 
        to any fiscal year limitation.
            (3) Reporting of transactions.--Receipts, obligations, and 
        expenditures of funds in the account established by paragraph 
        (1) shall be reported in annual estimates submitted to Congress 
        by the Architect of the Capitol for the operation and 
        maintenance of the Capitol Buildings and Grounds.
            (4) Termination of account.--Not later than 2 years after 
        the date of settlement on the property to be disposed of under 
        subsection (a)(1), the Architect of the Capitol shall terminate 
        the account established by paragraph (1) and all amounts 
        remaining in the account shall be deposited into the general 
        fund of the Treasury of the United States and credited as 
        miscellaneous receipts.
    (c) Authority To Furnish Steam and Chilled Water.--
            (1) In general.--The Architect of the Capitol is authorized 
        to furnish steam and chilled water from the Capitol Power Plant 
        to the owner of the property to be disposed of under subsection 
        (a)(1) if the owner agrees to pay for such steam and chilled 
        water at market rates, as determined by the Architect of the 
        Capitol.
            (2) Authority limited to existing facilities.--The 
        Architect of the Capitol may furnish steam and chilled water 
        under paragraph (1) only with respect to facilities which, on 
        the date of the enactment of this Act, are located on the 
        property to be disposed of under subsection (a)(1).
            (3) Proceeds.--All proceeds from the sale of steam and 
        chilled water under paragraph (1) shall be deposited into the 
        general fund of the Treasury of the United States and credited 
        as miscellaneous receipts.
     Sec. 122. Notwithstanding any other provision of this title of 
this Act except section 106, such sums as necessary are hereby 
appropriated for all projects and activities funded under the account 
heading ``Office for Civil Rights'' under the Office of the Secretary 
in the Department of Health and Human Services at a rate for operations 
not to exceed an annual rate for new obligational authority of 
$16,153,000 for general funds together with not to exceed an annual 
rate for new obligational authority of $3,314,000 to be transferred and 
expended as authorized by section 201(g)(1) of the Social Security Act 
from the Hospital Insurance Trust Fund and the Supplemental Medical 
Insurance Trust Fund.
    Sec. 123. Activities necessary to effect the following program 
eliminations and transfers of selected functions are funded under the 
terms and conditions and at a rate of operations, notwithstanding any 
other provision of this title of this Act, provided for in the 
conference report and joint explanatory statement of the Committee of 
Conference (House Report 104-402) on the Department of the Interior and 
Related Agencies Appropriations Act, 1996 (H.R. 1977), as passed by the 
House of Representatives on December 13, 1995:
            All projects and activities under the account heading 
        ``Public Development'' under the Pennsylvania Avenue 
        Development Corporation;
            All projects and activities under the account heading 
        ``Mines and Minerals'' under the Bureau of Mines in Department 
        of the Interior;
            All activities related to the transfer of functions from 
        the Bureau of Mines under the account heading ``Management of 
        Lands and Resources'' under the Bureau of Land Management in 
        the Department of the Interior;
            All activities related to the transfers of functions from 
        the Bureau of Mines and from the National Biological Service 
        under the account heading ``Surveys, Investigations, and 
        Research'' under the United States Geological Survey in the 
        Department of the Interior; and
            All activities related to the transfer of functions from 
        the Bureau of Mines under the account heading ``Fossil Energy 
        Research and Development'' in the Department of Energy.
    Sec. 124. Notwithstanding any other provision of this title of this 
Act, the appropriations and funds made available and authority granted 
pursuant to the preceding section shall be available until (a) 
enactment into law of an appropriation for any project or activity 
provided for in that section, or (b) the enactment into law of the 
applicable appropriations Act without any provision for such project or 
activity, or (c) September 30, 1996, whichever first occurs.
    Sec. 125. Notwithstanding any other provision of this title of this 
Act, except section 106, such amounts as may be necessary are hereby 
appropriated to effect the sale of Weeks Island oil from the Strategic 
Petroleum Reserve under the terms and conditions and at a rate of 
operations provided for in the conference report and joint explanatory 
statement of the Committee of Conference (House Report 104-402) on the 
Department of the Interior and Related Agencies Appropriations Act, 
1996 (H.R. 1977), as passed by the House of Representatives on December 
13, 1995.
    Sec. 126. Notwithstanding any other provision of this title of this 
Act, such amounts as may be necessary are hereby appropriated under the 
authority and conditions provided in the applicable appropriations Act 
for the fiscal year 1995 for continuing, at a rate for operations 
provided for in the conference report and joint explanatory statement 
of the Committee of Conference (House Report 104-402) on the Department 
of the Interior and Related Agencies Appropriations Act, 1996 (H.R. 
1977), as passed by the House of Representatives on December 13, 1995, 
for the following projects or activities including the costs of direct 
loans and loan guarantees (not otherwise specifically provided for in 
this Act) which are conducted in the fiscal year 1995: all projects or 
activities of the Indian Health Services, Indian Health Service 
Facilities, Bureau of Indian Affairs, National Park Service, 
notwithstanding any other provision of law, the United States Fish and 
Wildlife Service, notwithstanding any other provision of law, and the 
Forest Service, notwithstanding any other provision of law: Provided, 
That appropriations and funds made available and authority granted 
pursuant to this section shall be available until (a) enactment into 
law of an appropriation for any project or activity provided for in 
this section, or (b) the enactment into law of the applicable 
appropriations Act without any provision for such project or activity, 
or (c) March 15, 1996, whichever first occurs.
    Sec. 127. Notwithstanding any other provision of this title of this 
Act except section 106, projects and activities under the account 
heading ``Salaries and expenses'' under the National Labor Relations 
Board shall be subject to the provisions of section 112 of Public law 
104-56.
    Sec. 128. None of the funds made available by Public Law 104-91 may 
be used for--
            (1) the creation of a human embryo or embryos for research 
        purposes; or
            (2) research in which a human embryo or embryos are 
        destroyed, discarded, or knowingly subjected to risk of injury 
        or death greater than that allowed for research on fetuses in 
        utero under 45 CFR 46.208(a)(2) and 42 U.S.C. 289g(b).
For purposes of this section, the phrase ``human embryo or embryos'' 
shall include any organism, not protected as a human subject under 45 
CFR 46 as of the date of enactment of this Act, that is derived by 
fertilization, parthenogenesis, cloning, or any other means from one or 
more human gametes.
    Sec. 129.Technical Amendment to Prohibition of Grants for 501(c)(4) 
Organizations Engaging in Lobbying Activities.
    (a) In General.--Section 18 of the Lobbying Disclosure Act of 1995 
is amended by striking ``award, grant, contract, loan, or any other 
form'' and inserting ``award, grant, or loan''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect as if included in the Lobbying Disclosure Act of 1995 on 
the date of the enactment of such Act.
    Sec. 130. No funds appropriated under this or any other Act shall 
be used to review or modify sourcing areas previously approved under 
section 490(c)(3) of the Forest Resources Conservation and Shortage 
Relief Act of 1990 (Public Law 101-382) or to enforce or implement 
Federal regulations 36 CFR part 223 promulgated on September 8, 1995. 
The regulations and interim rules in effect prior to September 8, 1995 
(36 CFR 223.48, 36 CFR 223.87, 36 CFR 223 Subpart D, 36 CFR 223 Subpart 
F, and 36 CFR 261.6) shall remain in effect. The Secretary of 
Agriculture or the Secretary of the Interior shall not adopt any 
policies concerning Public Law 101-382 or existing regulations that 
would restrain domestic transportation or processing of timber from 
private lands or impose additional accountability requirements on any 
timber. The Secretary of Commerce shall extend until September 30, 
1996, the order issued under section 491(b)(2)(A) of Public Law 101-382 
and shall issue an order under section 491(b)(2)(B) of such law that 
will be effective October 1, 1996.
    Sec. 131. Notwithstanding any other provision of this Act, an 
additional $2,000,000 is hereby appropriated for the National Park 
Service, Park Service Construction for repair of flood damage to the 
Chesapeake and Ohio Canal National Historical Park.

                                TITLE II

DEPARTMENTS OF COMMERCE, JUSTICE, AND STATE, THE JUDICIARY, AND RELATED 
                        AGENCIES APPROPRIATIONS

    Sec. 201. (a) Such amounts as may be necessary under the authority 
and conditions provided in the applicable appropriations Act for the 
fiscal year 1995 for projects or activities, except for those projects 
and activities provided for in Public Law 104-91 and Public Law 104-92, 
including the costs of direct loans and loan guarantees (not otherwise 
specifically provided for in this Act) at a rate for operations 
provided for in the conference report and joint explanatory statement 
of the Committee of Conference, House Report 104-378, on the 
Departments of Commerce, Justice, and State, the Judiciary, and Related 
Agencies Appropriations Act, 1996 (H.R. 2076), as passed the House of 
Representatives on December 6, 1995, notwithstanding section 15 of the 
State Department Basic Authorities Act of 1956, section 701 of the 
United States Information and Educational Exchange Act of 1948, section 
313 of the Foreign Relations Authorization Act, Fiscal Years 1994 and 
1995 (Public Law 103-236), and section 53 of the Arms Control and 
Disarmament Act: Provided, That, notwithstanding any other provision of 
this title of this Act, the rate for operations only for program 
administration and the continuation of grants awarded in fiscal year 
1995 and prior years of the Advanced Technology Program of the National 
Institute of Standards and Technology, and the rate for operations for 
the Ounce of Prevention Council, Drug Courts, Global Learning and 
Observations to Benefit the Environment, and for the Cops on the Beat 
Program may be increased up to a level of 75 per centum of the final 
fiscal year 1995 appropriated amount: Provided further, That, under the 
previous proviso, no contracts or grants shall be awarded in excess of 
an amount that bears the same ratio to the rate for operations provided 
by the previous proviso as the number of days covered by this 
resolution bears to 366: Provided further, That any costs incurred by a 
Department or agency funded under this subsection resulting from 
personnel actions taken in response to funding reductions resulting 
from this Act shall be absorbed within the total budgetary resources 
available to such Department or agency: Provided further, That the 
authority to transfer funds between appropriations accounts as may be 
necessary to carry out the preceding proviso is provided in addition to 
authorities provided elsewhere in this subsection: Provided further, 
That funds to carry out the preceding two provisos shall not be 
available for obligation or expenditure except in compliance with 
established reprogramming procedures: Provided further, That, 
notwithstanding any other provision of this title of this Act, the 
amount of funds obligated or expended by the Legal Services Corporation 
shall not exceed an amount that bears the same ratio to the rate for 
operations available to the Legal Services Corporation as the number of 
days covered by this resolution bears to 366: Provided further, That, 
notwithstanding any other provision of this title of this Act, funding 
provided for Violent Offender Incarceration and Truth in Sentencing 
Incentive Grants, with the exception of funds available to States for 
incarceration of criminal aliens and the Cooperative Agreement Program, 
shall be withheld, pending enactment of revisions to subtitle A of 
title II of the Violent Crime Control and Law Enforcement Act of 1994, 
so as not to impinge upon final funding prerogatives: Provided further, 
That, notwithstanding any other provision of this title of this Act, 
sufficient funds shall be provided to continue the Office of Inspector 
General of the United States Information Agency, to be derived from 
funds otherwise available to the Office of Inspector General of the 
Department of State.

DEPARTMENTS OF VETERANS AFFAIRS AND HOUSING AND URBAN DEVELOPMENT, AND 
                  INDEPENDENT AGENCIES APPROPRIATIONS

    (b) Such amounts as may be necessary under the authority and 
conditions provided in the applicable appropriations Act for the fiscal 
year 1995 for continuing projects or activities, except for those 
projects and activities provided for in Public Law 104-91 and Public 
Law 104-92, including the costs of direct loans and loan guarantees 
(not otherwise specifically provided for in this Act) at a rate for 
operations provided for in the conference report and joint explanatory 
statement of the Committee of Conference, House Report 104-384, on the 
Departments of Veterans Affairs and Housing and Urban Development, and 
Independent Agencies Appropriations Act, 1996 (H.R. 2099), as passed 
the House of Representatives on December 7, 1995: Provided, That Senate 
amendment 63 shall be disposed of in the manner passed by the House on 
December 7, 1995, as if enacted into law: Provided further, That, 
notwithstanding any other provision of this title of this Act, the rate 
for operations for the Corporation for National and Community Service, 
the Community Development Financial Institutions Fund, and the Office 
of Consumer Affairs may be increased up to a level of 75 per centum of 
the fiscal year 1995 level: Provided further, That, under the previous 
proviso, no new contracts or grants shall be awarded in excess of an 
amount that bears the same ratio to the rate for operations provided by 
the previous proviso as the number of days covered by this resolution 
bears to 366: Provided further, That the penultimate proviso under the 
heading ``General Operating Expenses'' and sections 107 and 109 under 
the heading ``Administrative Provisions'' in the Department of Veterans 
Affairs are effective to the extent and in the manner, notwithstanding 
any other provision of this Act, provided for in the conference report 
and joint explanatory statement of the Committee of Conference (House 
Report 104-384) on the Departments of Veterans Affairs and Housing and 
Urban Development, and Independent Agencies Appropriations Act, 1996 
(H.R. 2099), as passed by the House of Representatives on December 7, 
1995.
    Sec. 202. Unless otherwise provided for in this title of this Act 
or in the applicable appropriations Act, appropriations and funds made 
available and authority granted pursuant to this title of this Act 
shall be available until (a) the enactment into law of an appropriation 
for any project or activity provided for in this title of this Act, or 
(b) the enactment into law of the applicable appropriations Act by both 
Houses without any provision for such project or activity, or (c) March 
15, 1996, whichever first occurs.
    Sec. 203. Appropriations made and authority granted pursuant to 
this title of this Act shall cover all obligations or expenditures 
incurred for any program, project, or activity during the period for 
which funds or authority for such project or activity are available 
under this title of this Act.
    Sec. 204. Expenditures made pursuant to this title of this Act 
shall be charged to the applicable appropriation, fund, or 
authorization whenever a bill in which such applicable appropriation, 
fund, or authorization is contained is enacted into law.
    Sec. 205. Appropriations made by section 201 shall be available to 
the extent and in the manner which would be provided by the pertinent 
appropriations Act.
    Sec. 206. No provision in the appropriations Act for the fiscal 
year 1996 referred to in section 201 of this Act that makes the 
availability of any appropriation provided therein dependent upon the 
enactment of additional authorizing or other legislation shall be 
effective before the date set forth in section 202(c) of this Act.
    Sec. 207. Appropriations and funds made available by or authority 
granted pursuant to this title of this Act may be used without regard 
to the time limitations for submission and approval of apportionments 
set forth in section 1513 of title 31, United States Code, but nothing 
herein shall be construed to waive any other provision of law governing 
the apportionment of funds.
    Sec. 208. Public Law 104-92 is amended by repealing Title II and by 
inserting in section 101(a) after the paragraph ending with ``under the 
Railroad Retirement Board;'' the following paragraphs: ``All 
activities, including administrative and beneficiary travel expenses of 
all veterans benefit programs, necessary for the provision of veterans 
benefits funded in the Department of Veterans Affairs under the 
headings ``Compensation and pensions'', ``Readjustment benefits'', 
``Veterans insurance and indemnities'', ``Guaranty and indemnity 
program account'', ``Loan guaranty program account'', ``Direct loan 
program account'', ``Education loan fund program account'', 
``Vocational rehabilitation loans program account'', ``Native American 
veteran housing loan program account'', and `` Administrative 
provisions, sec. 107'' to the extent and in the manner and at the rate 
for operations, notwithstanding any other provision of this joint 
resolution, provided for in the conference report and joint explanatory 
statement of the Committee of Conference (House Report 104-384) on the 
Departments of Veterans Affairs and Housing and Urban Development, and 
Independent Agencies Appropriations Act, 1996 (H.R. 2099), as passed by 
the House of Representatives on December 7, 1995;
    All payments to contractors of the Veterans Health Administration 
of the Department of Veterans Affairs for goods and services that 
directly relate to patient health and safety to the extent and in the 
manner and at the rate for operations, notwithstanding any other 
provision of this joint resolution, provided for in the conference 
report and joint explanatory statement of the Committee of Conference 
(House Report 104-384) on the Departments of Veterans Affairs and 
Housing and Urban Development, and Independent Agencies Appropriations 
Act, 1996 (H.R. 2099), as passed by the House of Representatives on 
December 7, 1995;''.
    Sec. 209. Notwithstanding any other provision of this title of this 
Act, except section 202, the amount made available to the Securities 
and Exchange Commission, under the heading Salaries and Expenses, shall 
include, in addition to direct appropriations, the amount it collects 
under the fee rate and offsetting collection authority contained in 
Public Law 103-352, which fee rate and offsetting collection authority 
shall remain in effect during the period of this title of this Act.
    Sec. 210. Notwithstanding any other provision of this title of this 
Act, except section 202, funds for the Environmental Protection Agency 
shall be made available in the appropriation accounts which are 
provided in H.R. 2099 as reported on September 13, 1995.
    Sec. 211. Public Law 104-91 is amended by inserting after the words 
``the protection of the Federal judiciary'' in section 101(a), the 
following: ``to the extent and in the manner and'', and by inserting at 
the end of the paragraph containing those words, but before the 
semicolon, the following: ``: Provided, That, with the exception of 
section 114, the General Provisions for the Department of Justice 
included in title I of the aforementioned conference report are hereby 
enacted into law''.
    Sec. 212. Nothwithstanding any other provision of law or 
regulation, the National Aeronautics and Space Administration shall 
convey, without reimbursement, to the State of Mississippi, all rights, 
title and interest of the United States in the property known as the 
Yellow Creek Facility and consisting of approximately 1,200 acres near 
the city of Iuka, Mississippi, including all improvements thereon and 
also including any personal property owned by NASA that is currently 
located on-site and which the State of Mississippi requires to 
facilitate the transfer: Provided, That appropriated funds shall be 
used to effect this conveyance: Provided further, That $10,000,000 in 
appropriated funds otherwise available to the National Aeronautics and 
Space Administration shall be transferred to the State of Mississippi 
to be used in the transition of the facility: Provided further, That 
each Federal agency with prior contact to the site shall remain 
responsible for any and all environmental remediation made necessary as 
a result of its activities on the site: Provided further, That in 
consideration of this conveyance, the National Aeronautics and Space 
Administration may require such other terms and conditions as the 
Administrator deems appropriate to protect the interests of the United 
States: Provided further, That the conveyance of the site and the 
transfer of the funds to the State of Mississippi shall occur not later 
than thirty days from the date of enactment of this Act.
    Sec. 213. Notwithstanding any other provision of this title of this 
Act except section 202, projects and activities under the account 
heading ``Council on Environmental Quality and Office of Environmental 
Quality'' shall be subject to the provisions of section 112 of Public 
Law 104-56.
    Sec. 214. Notwithstanding any other provision of this title of this 
Act except section 202, whenever the rate for operations for any 
continuing project or activity provided by section 201 for which there 
is a budget request would result in a furlough of Government employees, 
that rate for operations may be increased to the minimum level that 
would enable the furlough to be avoided. No new contracts or grants 
shall be awarded in excess of an amount that bears the same ratio to 
the rate for operations provided by this section as the number of days 
covered by this resolution bears to 366: Provided, That the first 
sentence of section 214 shall not apply except to furloughs that exceed 
one workday per pay period for the affected workforce during the period 
of January 26, 1996 through March 15, 1996.

                               TITLE III

      FOREIGN OPERATIONS, EXPORT FINANCING, AND RELATED PROGRAMS 
                             APPROPRIATIONS

    Sec. 301. Such amounts as may be necessary for programs, projects, 
or activities provided for in the Foreign Operations, Export Financing, 
and Related Programs Appropriations Act, 1996 (H.R. 1868), at a rate 
for operations and to the extent and in the manner provided for in the 
conference report and joint explanatory statement of the Committee of 
Conference (House Report 104-295) as passed by the House of 
Representatives on October 31, 1995, as if enacted into law, 
notwithstanding any other provision of this title of this Act: 
Provided, That Senate amendment numbered 115 shall be disposed of as 
follows, as if enacted into law:
    In lieu of the matter proposed by the Senate in amendment numbered 
115, insert the following:

                 ``authorization of population planning

    ``Sec. 518A. Notwithstanding section 526 of this Act, none of the 
funds made available in this Act for population planning activities or 
other population assistance pursuant to section 104(b) of the Foreign 
Assistance Act or any other provision of law, or funds made available 
in title IV of this Act as a contribution to the United Nations 
Population Fund (UNFPA) may be obligated or expended prior to July 1, 
1996, unless such funding is expressly authorized by law: Provided, 
That if such funds are not authorized by law prior to July 1, 1996, 
funds appropriated in title II of this Act for population planning 
activities or other population assistance may be made available for 
obligation and expenditure in an amount not to exceed 65 percent of the 
total amount appropriated or otherwise made available by Public Law 
103-306 and Public Law 104-19 for such activities for fiscal year 1995, 
and funds appropriated in title IV of this Act as a contribution to the 
United Nations Population Fund (UNFPA) may be made available for 
obligation and expenditure in an amount not to exceed 65 percent of the 
total amount appropriated or otherwise made available by Public Law 
103-306 and Public Law 104-19 for a contribution to UNFPA for fiscal 
year 1995: Provided further, That, pursuant to the previous proviso, 
such funds may be apportioned only on a monthly basis, beginning July 
1, 1996 and ending September 30, 1997, and such monthly apportionments 
may not exceed 6.67 percent of the total available for such activities: 
Provided further, That notwithstanding any other provision of this Act, 
funds appropriated by this Act for the United Nations Population Fund 
(UNFPA) shall remain available for obligation until September 30, 
1997.''.
    Sec. 302. Unless otherwise provided for in this title of this Act 
or in the applicable appropriations Act, appropriations and funds made 
available and authority granted pursuant to this this title of this Act 
shall be available until (a) the enactment into law of an appropriation 
for any project or activity provided for in this title of this Act, or 
(b) the enactment into law of the applicable appropriations Act by both 
Houses without any provision for such project or activity, or (c) 
September 30, 1996, whichever first occurs.
    Sec. 303. Appropriations made and authority granted pursuant to 
this title of this Act shall cover all obligations or expenditures 
incurred for any program, project, or activity during the period for 
which funds or authority for such project or activity are available 
under this title of this Act.
    Sec. 304. Expenditures made pursuant to this title of this act 
shall be charged to the applicable appropriation, fund, or 
authorization whenever a bill in which such applicable appropriation, 
fund, or authorization is contained is enacted into law.

                                TITLE IV

                     HOUSING AND URBAN DEVELOPMENT

    Sec. 401. During fiscal year 1996, the Secretary of Housing and 
Urban Development may manage and dispose of multifamily properties 
owned by the Secretary, including the provision for grants from the 
General Insurance Fund (12 U.S.C. 1735c) for the necessary costs of 
rehabilitation and other related development costs and multifamily 
mortgages held by the Secretary without regard to any other provision 
of law.

 public and assisted housing rents, income adjustments, and preferences

    Sec. 402. (a) Minimum Rents.--Notwithstanding sections 3(a) and 
8(o)(2) of the United States Housing Act of 1937, as amended, effective 
for fiscal year 1996 and no later than October 30, 1995--
            (1) public housing agencies shall require each family who 
        is assisted under the certificate or moderate rehabilitation 
        program under section 8 of such Act to pay a minimum monthly 
        rent of not less than $25, and may require a minimum monthly 
        rent of up to $50;
            (2) public housing agencies shall reduce the monthly 
        assistance payment on behalf of each family who is assisted 
        under the voucher program under section 8 of such Act so that 
        the family pays a minimum monthly rent of not less than $25, 
        and may require a minimum monthly rent of up to $50;
            (3) with respect to housing assisted under other programs 
        for rental assistance under section 8 of such Act, the 
        Secretary shall require each family who is assisted under such 
        program to pay a minimum monthly rent of not less than $25 for 
        the unit, and may require a minimum monthly rent of up to $50; 
        and
            (4) public housing agencies shall require each family who 
        is assisted under the public housing program (including public 
        housing for Indian families) of such Act to pay a minimum 
        monthly rent of not less than $25, and may require a minimum 
        monthly rent of up to $50.
    (b) Establishment of Ceiling Rents.--
            (1) Section 3(a)(2) of the United States Housing Act of 
        1937 is amended to read as follows:
            ``(2) Notwithstanding paragraph (1), a public housing 
        agency may--
                    ``(A) adopt ceiling rents that reflect the 
                reasonable market value of the housing, but that are 
                not less than the monthly costs--
                            ``(i) to operate the housing of the agency; 
                        and
                            ``(ii) to make a deposit to a replacement 
                        reserve (in the sole discretion of the public 
                        housing agency); and
                    ``(B) allow families to pay ceiling rents referred 
                to in subparagraph (A), unless, with respect to any 
                family, the ceiling rent established under this 
                paragraph would exceed the amount payable as rent by 
                that family under paragraph (1).''.
            (2) Regulations.--
                    (A) In general.--The Secretary shall, by 
                regulation, after notice and an opportunity for public 
                comment, establish such requirements as may be 
                necessary to carry out section 3(a)(2)(A) of the United 
                States Housing Act of 1937, as amended by paragraph 
                (1).
                    (B) Transition rule.--Prior to the issuance of 
                final regulations under paragraph (1), a public housing 
                agency may implement ceiling rents, which shall be not 
                less than the monthly costs to operate the housing of 
                the agency and--
                            (i) determined in accordance with section 
                        3(a)(2)(A) of the United States Housing Act of 
                        1937, as that section existed on the day before 
                        enactment of this Act;
                            (ii) equal to the 95th percentile of the 
                        rent paid for a unit of comparable size by 
                        tenants in the same public housing project or a 
                        group of comparable projects totaling 50 units 
                        or more; or
                            (iii) equal to the fair market rent for the 
                        area in which the unit is located.
    (c) Definition of Adjusted Income.--Section 3(b)(5) of the United 
States Housing Act of 1937 is amended--
            (1) at the end of subparagraph (F), by striking ``and'';
            (2) at the end of subparagraph (G), by striking the period 
        and inserting ``; and''; and
            (3) by inserting after subparagraph (G) the following:
                    ``(H) for public housing, any other adjustments to 
                earned income established by the public housing agency. 
                If a public housing agency adopts other adjustments to 
                income pursuant to subparagraph (H), the Secretary 
                shall not take into account any reduction of or 
                increase in the public housing agency's per unit 
                dwelling rental income resulting from those adjustments 
                when calculating the contributions under section 9 for 
                the public housing agency for the operation of the 
                public housing.''.
    (d) Repeal of Federal Preferences.--
            (1) Public housing.--Section 6(c)(4)(A) of the United 
        States Housing Act of 1937 (42 U.S.C. 1437d(c)(4)(A)) is 
        amended to read as follows:
                    ``(A) the establishment, after public notice and an 
                opportunity for public comment, of a written system of 
                preferences for admission to public housing, if any, 
                that is not inconsistent with the comprehensive housing 
                affordability strategy under title I of the Cranston-
                Gonzalez National Affordable Housing Act;''.
            (2) Section 8 existing and moderate rehabilitation.--
        Section 8(d)(1)(A) of the United States Housing Act of 1937 (42 
        U.S.C. 1437f(d)(1)(A)) is amended to read as follows:
                    ``(A) the selection of tenants shall be the 
                function of the owner, subject to the provisions of the 
                annual contributions contract between the Secretary and 
                the agency, except that for the certificate and 
                moderate rehabilitation programs only, for the purpose 
                of selecting families to be assisted, the public 
                housing agency may establish, after public notice and 
                an opportunity for public comment, a written system of 
                preferences for selection that is not inconsistent with 
                the comprehensive housing affordability strategy under 
                title I of the Cranston-Gonzalez National Affordable 
                Housing Act;''.
            (3) Section 8 voucher program.--Section 8(o)(3)(B) of the 
        United States Housing Act of 1937 (42 U.S.C. 1437f(o)(3)(B)) is 
        amended to read as follows:
                    ``(B) For the purpose of selecting families to be 
                assisted under this subsection, the public housing 
                agency may establish, after public notice and an 
                opportunity for public comment, a written system of 
                preferences for selection that is not inconsistent with 
                the comprehensive housing affordability strategy under 
                title I of the Cranston-Gonzalez National Affordable 
                Housing Act.''.
            (4) Section 8 new construction and substantial 
        rehabilitation.--
                    (A) Repeal.--Section 545(c) of the Cranston-
                Gonzalez National Affordable Housing Act (42 U.S.C. 
                1437f note) is amended to read as follows:
    ``(c) [Reserved.]''.
                    (B) Prohibition.--Notwithstanding any other 
                provision of law, no Federal tenant selection 
                preferences under the United States Housing Act of 1937 
                shall apply with respect to--
                            (i) housing constructed or substantially 
                        rehabilitated pursuant to assistance provided 
                        under section 8(b)(2) of the United States 
                        Housing Act of 1937 (as such section existed on 
                        the day before October 1, 1983); or
                            (ii) projects financed under section 202 of 
                        the Housing Act of 1959 (as such section 
                        existed on the day before the date of enactment 
                        of the Cranston-Gonzalez National Affordable 
                        Housing Act).
            (5) Rent supplements.--Section 101(k) of the Housing and 
        Urban Development Act of 1965 (12 U.S.C. 1701s(k)) is amended 
        to read as follows:
    ``(k) [Reserved.]''.
            (6) Conforming amendments.--
                    (A) United states housing act of 1937.--The United 
                States Housing Act of 1937 (42 U.S.C. 1437 et seq.) is 
                amended--
                            (i) in section 6(o), by striking 
                        ``preference rules specified in'' and inserting 
                        ``written system of preferences for selection 
                        established pursuant to'';
                            (ii) in the second sentence of section 
                        7(a)(2), by striking ``according to the 
                        preferences for occupancy under'' and inserting 
                        ``in accordance with the written system of 
                        preferences for selection established pursuant 
                        to'';
                            (iii) in section 8(d)(2)(A), by striking 
                        the last sentence;
                            (iv) in section 8(d)(2)(H), by striking 
                        ``Notwithstanding subsection (d)(1)(A)(i), an'' 
                        and inserting ``An'';
                            (v) in section 16(c), in the second 
                        sentence, by striking ``the system of 
                        preferences established by the agency pursuant 
                        to section 6(c)(4)(A)(ii)'' and inserting ``the 
                        written system of preferences for selection 
                        established by the public housing agency 
                        pursuant to section 6(c)(4)(A)''; and
                            (vi) in section 24(e)--
                                    (I) by striking ``(e) Exceptions'' 
                                and all that follows through ``The 
                                Secretary may'' and inserting the 
                                following:
    ``(e) Exception to General Program Requirements.--The Secretary 
may''; and
                                    (II) by striking paragraph (2).
                    (B) Cranston-gonzalez national affordable housing 
                act.--Section 522(f)(6)(B) of the Cranston-Gonzalez 
                National Affordable Housing Act (42 U.S.C. 12704 et 
                seq.) is amended by striking ``any preferences for such 
                assistance under section 8(d)(1)(A)(i)'' and inserting 
                ``the written system of preferences for selection 
                established pursuant to section 8(d)(1)(A)''.
                    (C) Housing and community development act of 
                1992.--Section 655 of the Housing and Community 
                Development Act of 1992 (42 U.S.C. 13615) is amended by 
                striking ``the preferences'' and all that follows up to 
                the period at the end and inserting ``any 
                preferences''.
                    (D) References in other law.--Any reference in any 
                Federal law other than any provision of any law amended 
                by paragraphs (1) through (5) of this subsection to the 
                preferences for assistance under section 6(c)(4)(A)(i), 
                8(d)(1)(A)(i), or 8(o)(3)(B) of the United States 
                Housing Act of 1937 (as such sections existed on the 
                day before the date of enactment of this Act) shall be 
                considered to refer to the written system of 
                preferences for selection established pursuant to 
                section 6(c)(4)(A), 8(d)(1)(A), or 8(o)(3)(B), 
                respectively, of the United States Housing Act of 1937, 
                as amended by this section.
    (e) Applicability.--In accordance with section 201(b)(2) of the 
United States Housing Act of 1937, the amendments made by subsections 
(a), (b), (c), (d), and (f) of this section shall also apply to public 
housing developed or operated pursuant to a contract between the 
Secretary of Housing and Urban Development and an Indian housing 
authority.
    (f) This section shall be effective upon the enactment of this Act 
and only for fiscal year 1996.

   section 8 fair market rentals, administrative fees, and delay in 
                               reissuance

    Sec. 403. (a) Fair Market Rentals.--The Secretary shall establish 
fair market rentals for purposes of section 8(c)(1) of the United 
States Housing Act of 1937, as amended, that shall be effective for 
fiscal year 1996 and shall be based on the 40th percentile rent of 
rental distributions of standard quality rental housing units. In 
establishing such fair market rentals, the Secretary shall consider 
only the rents for dwelling units occupied by recent movers and may not 
consider the rents for public housing dwelling units or newly 
constructed rental dwelling units.
    (b) Administrative Fees.--Notwithstanding sections 8(q) (1) and (4) 
of the United States Housing Act of 1937, for fiscal year 1996, the fee 
for each month for which a dwelling unit is covered by an assistance 
contract under the certificate, voucher, or moderate rehabilitation 
program under section 8 of such Act shall be equal to the monthly fee 
payable for fiscal year 1995: Provided, That this subsection shall be 
applicable to all amounts made avail able for such fees during fiscal 
year 1996, as if in effect on October 1, 1995.
    (c) Delay Reissuance of Vouchers and Certificates.--Notwithstanding 
any other provision of law, a public housing agency administering 
certificate or voucher assistance provided under subsection (b) or (o) 
of section 8 of the United States Housing Act of 1937, as amended, 
shall delay for 3 months, the use of any amounts of such assistance (or 
the certificate or voucher representing assistance amounts) made 
available by the termination during fiscal year 1996 of such assistance 
on behalf of any family for any reason, but not later than October 1, 
1996; with the exception of any certificates assigned or committed to 
project-based assistance as permitted otherwise by the Act, 
accomplished prior to the effective date of this Act.

            repeal of provisions regarding income disregards

    Sec. 404. (a) Maximum Annual Limitation on Rent Increases Resulting 
From Employment.--Section 957 of the Cranston-Gonzalez National 
Affordable Housing Act is hereby repealed, retroactive to November 28, 
1990, and shall be of no effect.
    (b) Economic Independence.--Section 923 of the Housing and 
Community Development Act of 1992 is hereby repealed, retroactive to 
October 28, 1992, and shall be of no effect.

                      section 8 contract renewals

    Sec. 405. (a) For fiscal year 1996 and henceforth, the Secretary of 
Housing and Urban Development may use amounts available for the renewal 
of assistance under section 8 of the United States Housing Act of 1937, 
upon termination or expiration of a contract for assistance under 
section 8 of such Act of 1937 (other than a contract for tenant-based 
assistance and notwithstanding section 8(v) of such Act for loan 
management assistance), to provide assistance under section 8 of such 
Act, subject to the Section 8 Existing Fair Market Rents, for the 
eligible families assisted under the contracts at expiration or 
termination, which assistance shall be in accordance with terms and 
conditions prescribed by the Secretary.
    (b) Notwithstanding subsection (a) and except for projects assisted 
under section 8(e)(2) of the United States Housing Act of 1937 (as it 
existed immediately prior to October 1, 1991), at the request of the 
owner, the Secretary shall renew for a period of one year contracts for 
assistance under section 8 that expire or terminate during fiscal year 
1996 at the current rent levels.
    (c) Section 8(v) of the United States Housing Act of 1937 is 
amended to read as follows: ``The Secretary may extend expiring 
contracts entered into under this section for project-based loan 
management assistance to the extent necessary to prevent displacement 
of low-income families receiving such assistance as of September 30, 
1996.''.
    (d) Section 236(f) of the National Housing Act (12 U.S.C. 1715z-
1(f)) is amended:
            (1) by striking the second sentence in paragraph (1) and 
        inserting in lieu thereof the following: ``The rental charge 
        for each dwelling unit shall be at the basic rental charge or 
        such greater amount, not exceeding the lower of (i) the fair 
        market rental charge determined pursuant to this paragraph, or 
        (ii) the fair market rental established under section 8(c) of 
        the United States Housing Act of 1937 for the market area in 
        which the housing is located, as represents 30 per centum of 
        the tenant's adjusted income.''; and
            (2) by striking paragraph (6).''.

          extension of home equity conversion mortgage program

    Sec. 406. Section 255(g) of the National Housing Act (12 U.S.C. 
1715z-20(g)) is amended--
            (1) in the first sentence, by striking ``September 30, 
        1995'' and inserting ``September 30, 1996''; and
            (2) in the second sentence, by striking ``25,000'' and 
        inserting ``30,000''.

              fha single-family assignment program reform

    Sec. 407. (a) Foreclosure Avoidance.--Except as provided in 
subsection (e), the last sentence of section 204(a) of the National 
Housing Act (12 U.S.C. 1710(a)) is amended by inserting before the 
period the following: ``: And provided further, That the Secretary may 
pay insurance benefits to the mortgagee to recompense the mortgagee for 
its actions to provide an alternative to the foreclosure of a mortgage 
that is in default, which actions may include special foreclosure, loan 
modification, and deeds in lieu of foreclosure, all upon terms and 
conditions as the mortgagee shall determine in the mortgagee's sole 
discretion, within guidelines provided by the Secretary, but which may 
not include assignment of a mortgage to the Secretary: And provided 
further, That for purposes of the preceding proviso, no action 
authorized by the Secretary and no action taken, nor any failure to 
act, by the Secretary or the mortgagee shall be subject to judicial 
review.''.
    (b) Authority To Assist Mortgagors in Default.--Except as provided 
in subsection (e), section 230 of the National Housing Act (12 U.S.C. 
1715u) is amended to read as follows:

              ``authority to assist mortgagors in default

    ``Sec. 230. (a) Payment of Partial Claim.--The Secretary may 
establish a program for payment of a partial claim to a mortgagee that 
agrees to apply the claim amount to payment of a mortgage on a 1- to 4-
family residence that is in default. Any such payment under such 
program to the mortgagee shall be made in the sole discretion of the 
Secretary and on terms and conditions acceptable to the Secretary, 
except that--
            ``(1) the amount of the payment shall be in an amount 
        determined by the Secretary, not to exceed an amount equivalent 
        to 12 of the monthly mortgage payments and any costs related to 
        the default that are approved by the Secretary; and
            ``(2) the mortgagor shall agree to repay the amount of the 
        insurance claim to the Secretary upon terms and conditions 
        acceptable to the Secretary.
The Secretary may pay the mortgagee, from the appropriate insurance 
fund, in connection with any activities that the mortgagee is required 
to undertake concerning repayment by the mortgagor of the amount owed 
to the Secretary.
    ``(b) Assignment.--
            ``(1) Program authority.--The Secretary may establish a 
        program for assignment to the Secretary, upon request of the 
        mortgagee, of a mortgage on a 1- to 4-family residence insured 
        under this Act.
            ``(2) Program requirements.--The Secretary may accept 
        assignment of a mortgage under a program under this subsection 
        only if--
                    ``(A) the mortgage was in default;
                    ``(B) the mortgagee has modified the mortgage to 
                cure the default and provide for mortgage payments 
                within the reasonable ability of the mortgagor to pay, 
                at interest rates not exceeding current market interest 
                rates; and
                    ``(C) the Secretary arranges for servicing of the 
                assigned mortgage by a mortgagee (which may include the 
                assigning mortgagee) through procedures that the 
                Secretary has determined to be in the best interests of 
                the appropriate insurance fund.
            ``(3) Payment of insurance benefits.--Upon accepting 
        assignment of a mortgage under a program established under this 
        subsection, the Secretary may pay insurance benefits to the 
        mortgagee from the appropriate insurance fund, in an amount 
        that the Secretary determines to be appropriate, not to exceed 
        the amount necessary to compensate the mortgagee for the 
        assignment and any losses and expenses resulting from the 
        mortgage modification.
    ``(c) Prohibition of judicial review.--No decision by the Secretary 
to exercise or forego exercising any authority under this section shall 
be subject to judicial review.
    ``(d) Savings Provision.--Any mortgage for which the mortgagor has 
applied to the Secretary, before the date of enactment of the 
Departments of Veterans Affairs and Housing and Urban Development, and 
Independent Agencies Appropriations Act, 1996, for assignment pursuant 
to subsection (b) of this section as in effect before such date of 
enactment shall continue to be governed by the provisions of this 
section, as in effect immediately before such date of enactment.
    ``(e) Applicability of Other Laws.--No provision of this Act, or 
any other law, shall be construed to require the Secretary to provide 
an alternative to foreclosure for mortgagees with mortgages on 1- to 4-
family residences insured by the Secretary under this Act, or to accept 
assignments of such mortgages.''.
    (c) Applicability of Amendments.--Except as provided in subsection 
(e), the amendments made by subsections (a) and (b) shall apply only 
with respect to mortgages insured under the National Housing Act that 
are originated before October 1, 1995.
    (d) Regulations.--Not later than 60 days after the date of 
enactment of this Act, the Secretary of Housing and Urban Development 
shall issue interim regulations to implement this section and the 
amendments made by this section.
    (e) Effectiveness and Applicability.--If this Act is enacted after 
the date of enactment of the Balanced Budget Act of 1995--
            (1) subsections (a), (b), (c), and (d) of this section 
        shall not take effect; and
            (2) section 2052(c) of the Balanced Budget Act of 1995 is 
        amended by striking ``that are originated on or after October 
        1, 1995'' and inserting in lieu thereof ``that are originated 
        before, during, and after fiscal year 1996.''.
    This Act may be cited as ``The Balanced Budget Downpayment Act, 
I''.

            Passed the House of Representatives January 25, 1996.

            Attest:

                                                ROBIN H. CARLE,

                                                                 Clerk.

HR 2880 RDS----2
HR 2880 RDS----3
HR 2880 RDS----4
HR 2880 RDS----5
```