IB

104TH CONGRESS

1ST SESSION H. R. 2099

IN THE HOUSE OF REPRESENTATIVES

SEPTEMBER 28, 1995

Ordered to be printed with the amendments of the Senate numbered

AN ACT

Making appropriations for the Departments of Veterans Affairs and Housing and Urban Development, and for sundry independent agencies, boards, commissions, corporations, and offices for the fiscal year ending September

30, 1996, 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 That the following sums are appropriated, out of any

4 money in the Treasury not otherwise appropriated, for the

5 Departments of Veterans Affairs and Housing and Urban

6 Development, and for sundry independent agencies,

7 boards, commissions, corporations, and offices for the fis8 cal year ending September 30, 1996, and for other pur9 poses, namely:
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1 TITLE I

2 DEPARTMENT OF VETERANS AFFAIRS

3 VETERANS BENEFITS ADMINISTRATION

4 COMPENSATION AND PENSIONS

5 (INCLUDING TRANSFER OF FUNDS)

6 For the payment of compensation benefits to or on

7 behalf of veterans as authorized by law (38 U.S.C. 107,

8 chapters 11, 13, 51, 53, 55, and 61); pension benefits to

9 or on behalf of veterans as authorized by law (38 U.S.C.

10 chapters 15, 51, 53, 55, and 61; 92 Stat. 2508); and bur11 ial benefits, emergency and other officers’ retirement pay,

12 adjusted-service credits and certificates, payment of pre13 miums due on commercial life insurance policies guaran14 teed under the provisions of Article IV of the Soldiers’

15 and Sailors’ Civil Relief Act of 1940, as amended, and

16 for other benefits as authorized by law (38 U.S.C. 107,

17 1312, 1977, and 2106, chapters 23, 51, 53, 55, and 61;

18 50 U.S.C. App. 540–548; 43 Stat. 122, 123; 45 Stat. 735;

19 76 Stat. 1198); $17,649,972,000, to remain available

20 until expended: Provided, That not to exceed

21 Ω1æ$25,180,000 $27,431,000 of the amount appropriated

22 shall be reimbursed to ‘‘General operating expenses’’ and

23 ‘‘Medical care’’ for necessary expenses in implementing

24 those provisions authorized in the Omnibus Budget Rec25 onciliation Act of 1990, and in the Veterans’ Benefits Act

26 of 1992 (38 U.S.C. chapters 51, 53, and 55), the funding
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1 source for which is specifically provided as the ‘‘Com2 pensation and pensions’’ appropriation: Provided further,

3 That such sums as may be earned on an actual qualifying

4 patient basis, shall be reimbursed to ‘‘Medical facilities re5 volving fund’’ to augment the funding of individual medi6 cal facilities for nursing home care provided to pensioners

7 as authorized by the Veterans’ Benefits Act of 1992 (38

8 U.S.C. chapter 55): Provided further, That $12,000,000

9 previously transferred from ‘‘Compensation and pensions’’

10 to ‘‘Medical facilities revolving fund’’ shall be transferred

11 to this heading.

12 READJUSTMENT BENEFITS

13 For the payment of readjustment and rehabilitation

14 benefits to or on behalf of veterans as authorized by law

15 (38 U.S.C. chapters 21, 30, 31, 34, 35, 36, 39, 51, 53,

16 55, and 61), Ω2æ$1,345,300,000 $1,352,180,000, to re17 main available until expended: Provided, That funds shall

18 be available to pay any court order, court award or any

19 compromise settlement arising from litigation involving

20 the vocational training program authorized by section 18

21 of Public Law 98–77, Ω3æas amended as amended: Pro22 vided further, That of the amounts appropriated for read23 justment benefits, $6,880,000 shall be available for funding

24 the Service Members Occupational Conversion and Train25 ing program as authorized by sections 4481–4497 of Public

26 Law 102–484, as amended.
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1 VETERANS INSURANCE AND INDEMNITIES

2 For military and naval insurance, national service life

3 insurance, servicemen’s indemnities, service-disabled vet4 erans insurance, and veterans mortgage life insurance as

5 authorized by law (38 U.S.C. chapter 19; 70 Stat. 887;

6 72 Stat. 487) $24,890,000, to remain available until ex7 pended.

8 GUARANTY AND INDEMNITY PROGRAM ACCOUNT

9 (INCLUDING TRANSFER OF FUNDS)

10 For the cost of direct and guaranteed loans, such

11 sums as may be necessary to carry out the purpose of the

12 program, as authorized by 38 U.S.C. chapter 37, as

13 amended: Provided, That such costs, including the cost of

14 modifying such loans, shall be as defined in section 502

15 of the Congressional Budget Act of 1974, as amended.

16 In addition, for administrative expenses to carry out

17 the direct and guaranteed loan programs, $65,226,000,

18 which may be transferred to and merged with the appro19 priation for ‘‘General operating expenses’’.

20 LOAN GUARANTY PROGRAM ACCOUNT

21 (INCLUDING TRANSFER OF FUNDS)

22 For the cost of direct and guaranteed loans, such

23 sums as may be necessary to carry out the purpose of the

24 program, as authorized by 38 U.S.C. chapter 37, as

25 amended: Provided, That such costs, including the cost of
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1 modifying such loans, shall be as defined in section 502

2 of the Congressional Budget Act of 1974, as amended.

3 In addition, for administrative expenses to carry out

4 the direct and guaranteed loan programs, $52,138,000,

5 which may be transferred to and merged with the appro6 priation for ‘‘General operating expenses’’.

7 DIRECT LOAN PROGRAM ACCOUNT

8 (INCLUDING TRANSFER OF FUNDS)

9 For the cost of direct loans, such sums as may be

10 necessary to carry out the purpose of the program, as au11 thorized by 38 U.S.C. chapter 37, as amended: Provided,

12 That such costs, including the cost of modifying such

13 loans, shall be as defined in section 502 of the Congres14 sional Budget Act of 1974, as amended: Provided further,

15 That during 1996, within the resources available, not to

16 exceed $300,000 in gross obligations for direct loans are

17 authorized for specially adapted housing loans (38 U.S.C.

18 chapter 37).

19 In addition, for administrative expenses to carry out

20 the direct loan program, $459,000, which may be trans21 ferred to and merged with the appropriation for ‘‘General

22 operating expenses’’.

23 EDUCATION LOAN FUND PROGRAM ACCOUNT

24 (INCLUDING TRANSFER OF FUNDS)

25 For the cost of direct loans, $1,000, as authorized

26 by 38 U.S.C. 3698, as amended: Provided, That such
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1 costs, including the cost of modifying such loans, shall be

2 as defined in section 502 of the Congressional Budget Act

3 of 1974, as amended: Provided further, That these funds

4 are available to subsidize gross obligations for the prin5 cipal amount of direct loans not to exceed $4,000.

6 In addition, for administrative expenses necessary to

7 carry out the direct loan program, $195,000, which may

8 be transferred to and merged with the appropriation for

9 ‘‘General operating expenses’’.

10 VOCATIONAL REHABILITATION LOANS PROGRAM ACCOUNT

11 (INCLUDING TRANSFER OF FUNDS)

12 For the cost of direct loans, $54,000, as authorized

13 by 38 U.S.C. chapter 31, as amended: Provided, That such

14 costs, including the cost of modifying such loans, shall be

15 as defined in section 502 of the Congressional Budget Act

16 of 1974, as amended: Provided further, That these funds

17 are available to subsidize gross obligations for the prin18 cipal amount of direct loans not to exceed $1,964,000.

19 In addition, for administrative expenses necessary to

20 carry out the direct loan program, $377,000, which may

21 be transferred to and merged with the appropriation for

22 ‘‘General operating expenses’’.
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1 NATIVE AMERICAN VETERAN HOUSING LOAN PROGRAM

2 ACCOUNT

3 (INCLUDING TRANSFER OF FUNDS)

4 For administrative expenses to carry out the direct

5 loan program authorized by 38 U.S.C. chapter 37, sub6 chapter V, as amended, $205,000, which may be trans7 ferred to and merged with the appropriation for ‘‘General

8 operating expenses’’.

9 VETERANS HEALTH ADMINISTRATION

10 MEDICAL CARE

11 For necessary expenses for the maintenance and op12 eration of hospitals, nursing homes, and domiciliary facili13 ties; for furnishing, as authorized by law, inpatient and

14 outpatient care and treatment to beneficiaries of the De15 partment of Veterans Affairs, including care and treat16 ment in facilities not under the jurisdiction of the Depart17 ment of Veterans Affairs, and furnishing recreational fa18 cilities, supplies, and equipment; funeral, burial, and other

19 expenses incidental thereto for beneficiaries receiving care

20 in Department of Veterans Affairs facilities; administra21 tive expenses in support of planning, design, project man22 agement, real property acquisition and disposition, con23 struction and renovation of any facility under the jurisdic24 tion or for the use of the Department of Veterans Affairs;

25 oversight, engineering and architectural activities not

26 charged to project cost; repairing, altering, improving or
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1 providing facilities in the several hospitals and homes

2 under the jurisdiction of the Department of Veterans Af3 fairs, not otherwise provided for, either by contract or by

4 the hire of temporary employees and purchase of mate5 rials; uniforms or allowances therefor, as authorized by

6 law (5 U.S.C. 5901–5902); aid to State homes as author7 ized by law (38 U.S.C. 1741); and not to exceed

8 $8,000,000 to fund cost comparison studies as referred

9 to in 38 U.S.C. 8110(a)(5); Ω4æ$16,777,474,000

10 $16,450,000,000, plus reimbursements: Provided, That of

11 the funds made available under this heading,

12 $789,000,000 is for the equipment and land and struc13 tures object classifications only, which amount shall not

14 become available for obligation until August 1, 1996, and

15 shall remain available for obligation until September 30,

16 1997Ω5æ: Provided further, That notwithstanding any

17 other provision of law, any veteran eligible for hospital care

18 or medical services under section 1710 of title 38 may be

19 treated in the most efficient manner.

20 MEDICAL AND PROSTHETIC RESEARCH

21 For necessary expenses in carrying out programs of

22 medical and prosthetic research and development as au23 thorized by law (38 U.S.C. chapter 73), to remain avail24 able until September 30, 1997, Ω6æ$251,743,000

25 $257,000,000, plus reimbursements.
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1 Ω7æHEALTH PROFESSIONAL SCHOLARSHIP PROGRAM

2 For payment of health professional scholarship pro3 gram grants, as authorized by law, to students who agree

4 to a service obligation with the Department of Veterans

5 Affairs at one of its medical facilities, $10,386,000.

6 MEDICAL ADMINISTRATION AND MISCELLANEOUS

7 OPERATING EXPENSES

8 For necessary expenses in the administration of the

9 medical, hospital, nursing home, domiciliary, construction,

10 supply, and research activities, as authorized by law; ad11 ministrative expenses in support of planning, design,

12 project management, architectural, engineering, real prop13 erty acquisition and disposition, construction and renova14 tion of any facility under the jurisdiction or for the use

15 of the Department of Veterans Affairs, including site ac16 quisition; engineering and architectural activities not

17 charged to project cost; and research and development in

18 building construction technology; $63,602,000, plus reim19 bursements.

20 TRANSITIONAL HOUSING LOAN PROGRAM

21 (INCLUDING TRANSFER OF FUNDS)

22 For the cost of direct loans, $7,000, as authorized

23 by Public Law 102–54, section 8, which shall be trans24 ferred from the ‘‘General post fund’’: Provided, That such

25 costs, including the cost of modifying such loans, shall be

26 as defined in section 502 of the Congressional Budget Act
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1 of 1974, as amended: Provided further, That these funds

2 are available to subsidize gross obligations for the prin3 cipal amount of direct loans not to exceed $70,000. In ad4 dition, for administrative expenses to carry out the direct

5 loan program, $54,000, which shall be transferred from

6 the ‘‘General post fund’’, as authorized by Public Law

7 102–54, section 8.

8 DEPARTMENTAL ADMINISTRATION

9 GENERAL OPERATING EXPENSES

10 For necessary operating expenses of the Department

11 of Veterans Affairs, not otherwise provided for, including

12 uniforms or allowances therefor, as authorized by law; not

13 to exceed $25,000 for official reception and representation

14 expenses; hire of passenger motor vehicles; and reimburse15 ment of the General Services Administration for security

16 guard services, and the Department of Defense for the

17 cost of overseas employee mail; Ω8æ$821,487,000

18 $872,000,000: Provided, That funds under this heading

19 shall be available to administer the Service Members Occu20 pational Conversion and Training Act: Provided further,

21 That the $25,500,000 earmarked in Public Law 103–327

22 for the acquisition of automated data processing equip23 ment and services to support the modernization program

24 of the Veterans Benefits Administration is available for

25 any expense authorized to be funded under this heading:
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1 Provided further, That none of the funds under this head2 ing (including funds referred to in the preceding proviso)

3 may be obligated or expended for the acquisition of auto4 mated data processing equipment and services for Depart5 ment of Veterans Affairs regional offices to support Stage

6 III of the automated data equipment modernization pro7 gram of the Veterans Benefits Administration.

8 NATIONAL CEMETERY SYSTEM

9 For necessary expenses for the maintenance and op10 eration of the National Cemetery System not otherwise

11 provided for, including uniforms or allowances therefor, as

12 authorized by law; cemeterial expenses as authorized by

13 law; purchase of three passenger motor vehicles, for use

14 in cemeterial operations; and hire of passenger motor vehi15 cles, $72,604,000.

16 OFFICE OF INSPECTOR GENERAL

17 For necessary expenses of the Office of Inspector

18 General in carrying out the provisions of the Inspector

19 General Act of 1978, as amended, $30,900,000.

20 CONSTRUCTION, MAJOR PROJECTS

21 (INCLUDING TRANSFER OF FUNDS)

22 For constructing, altering, extending and improving

23 any of the facilities under the jurisdiction or for the use

24 of the Department of Veterans Affairs, or for any of the

25 purposes set forth in sections 316, 2404, 2406, 8102,

26 8103, 8106, 8108, 8109, 8110, and 8122 of title 38, Unit-
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1 ed States Code, including planning, architectural and en2 gineering services, maintenance or guarantee period serv3 ices costs associated with equipment guarantees provided

4 under the project, services of claims analysts, offsite utility

5 and storm drainage system construction costs, and site ac6 quisition, where the estimated cost of a project is

7 $3,000,000 or more or where funds for a project were

8 made available in a previous major project appropriation,

9 Ω9æ$183,455,000 $35,785,000, to remain available until

10 expended: Provided, That except for advance planning of

11 projects funded through the advance planning fund and

12 the design of projects funded through the design fund,

13 none of these funds shall be used for any project which

14 has not been considered and approved by the Congress in

15 the budgetary process: Provided further, That funds pro16 vided in this appropriation for fiscal year 1996, for each

17 approved project shall be obligated (1) by the awarding

18 of a construction documents contract by September 30,

19 1996, and (2) by the awarding of a construction contract

20 by September 30, 1997: Provided further, That the Sec21 retary shall promptly report in writing to the Comptroller

22 General and to the Committees on Appropriations any ap23 proved major construction project in which obligations are

24 not incurred within the time limitations established above;

25 and the Comptroller General shall review the report in ac-
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1 cordance with the procedures established by section 1015

2 of the Impoundment Control Act of 1974 (title X of Public

3 Law 93–344): Provided further, That no funds from any

4 other account except the ‘‘Parking revolving fund’’, may

5 be obligated for constructing, altering, extending, or im6 proving a project which was approved in the budget proc7 ess and funded in this account until one year after sub8 stantial completion and beneficial occupancy by the De9 partment of Veterans Affairs of the project or any part

10 thereof with respect to that part only: Provided further,

11 That of the funds made available under this heading in

12 Public Law 103–327, $7,000,000 shall be transferred to

13 the ‘‘Parking revolving fund’’.

14 CONSTRUCTION, MINOR PROJECTS

15 For constructing, altering, extending, and improving

16 any of the facilities under the jurisdiction or for the use

17 of the Department of Veterans Affairs, including plan18 ning, architectural and engineering services, maintenance

19 or guarantee period services costs associated with equip20 ment guarantees provided under the project, services of

21 claims analysts, offsite utility and storm drainage system

22 construction costs, and site acquisition, or for any of the

23 purposes set forth in sections 316, 2404, 2406, 8102,

24 8103, 8106, 8108, 8109, 8110, and 8122 of title 38, Unit25 ed States Code, where the estimated cost of a project is

26 less than $3,000,000, Ω10æ$152,934,000 $190,000,000, to
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1 remain available until expended, along with unobligated

2 balances of previous ‘‘Construction, minor projects’’ ap3 propriations which are hereby made available for any

4 project where the estimated cost is less than $3,000,000:

5 Provided, That funds in this account shall be available for

6 (1) repairs to any of the nonmedical facilities under the

7 jurisdiction or for the use of the Department of Veterans

8 Affairs which are necessary because of loss or damage

9 caused by any natural disaster or catastrophe, and (2)

10 temporary measures necessary to prevent or to minimize

11 further loss by such causes.

12 PARKING REVOLVING FUND

13 For the parking revolving fund as authorized by law

14 (38 U.S.C. 8109), income from fees collected, to remain

15 available until expended. Resources of this fund shall be

16 available for all expenses authorized by 38 U.S.C. 8109

17 except operations and maintenance costs which will be

18 funded from ‘‘Medical care’’.

19 GRANTS FOR CONSTRUCTION OF STATE EXTENDED CARE

20 FACILITIES

21 For grants to assist the several States to acquire or

22 construct State nursing home and domiciliary facilities

23 and to remodel, modify or alter existing hospital, nursing

24 home and domiciliary facilities in State homes, for furnish25 ing care to veterans as authorized by law (38 U.S.C.
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1 8131–8137), $47,397,000, to remain available until ex2 pended.

3 GRANTS FOR THE CONSTRUCTION OF STATE VETERANS

4 CEMETERIES

5 For grants to aid States in establishing, expanding,

6 or improving State veteran cemeteries as authorized by

7 law (38 U.S.C. 2408), $1,000,000, to remain available

8 until September 30, 1998.

9 ADMINISTRATIVE PROVISIONS

10 (INCLUDING TRANSFER OF FUNDS)

11 SEC. 101. Any appropriation for 1996 for ‘‘Com12 pensation and pensions’’, ‘‘Readjustment benefits’’, and

13 ‘‘Veterans insurance and indemnities’’ may be transferred

14 to any other of the mentioned appropriations.

15 SEC. 102. Appropriations available to the Depart16 ment of Veterans Affairs for 1996 for salaries and ex17 penses shall be available for services as authorized by 5

18 U.S.C. 3109.

19 SEC. 103. No part of the appropriations in this Act

20 for the Department of Veterans Affairs (except the appro21 priations for ‘‘Construction, major projects’’, ‘‘Construc22 tion, minor projects’’, and the ‘‘Parking revolving fund’’)

23 shall be available for the purchase of any site for or toward

24 the construction of any new hospital or home.

25 SEC. 104. No part of the foregoing appropriations

26 shall be available for hospitalization or examination of any
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1 persons except beneficiaries entitled under the laws be2 stowing such benefits to veterans, unless reimbursement

3 of cost is made to the appropriation at such rates as may

4 be fixed by the Secretary of Veterans Affairs.

5 SEC. 105. Appropriations available to the Depart6 ment of Veterans Affairs for fiscal year 1996 for ‘‘Com7 pensation and pensions’’, ‘‘Readjustment benefits’’, and

8 ‘‘Veterans insurance and indemnities’’ shall be available

9 for payment of prior year accrued obligations required to

10 be recorded by law against the corresponding prior year

11 accounts within the last quarter of fiscal year 1995.

12 SEC. 106. Appropriations accounts available to the

13 Department of Veterans Affairs for fiscal year 1996 shall

14 be available to pay prior year obligations of corresponding

15 prior year appropriations accounts resulting from title X

16 of the Competitive Equality Banking Act, Public Law

17 100–86, except that if such obligations are from trust

18 fund accounts they shall be payable from ‘‘Compensation

19 and pensions’’.

20 SEC. 107. (a) Effective October 1, 1995, section 5505

21 of title 38, United States Code, as in effect when repealed

22 by section 1201(g)(4)(A) of Public Law 103–446 (108

23 Stat. 4687), is hereby reenacted and, as so reenacted, is

24 amended by striking out ‘‘September 30, 1992’’ in sub-
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1 section (c) and inserting in lieu thereof ‘‘September 30,

2 1996’’.

3 (b) The table of sections at the beginning of chapter

4 55 of such title is amended by adding at the end the fol5 lowing new item:

‘‘5505. Limitation on compensation payments for certain incompetent veterans.’’.

6 SEC. 108. Chapter 19 of title 38, United States Code,

7 is amended as follows:

8 (1) Section 1920 is amended—

9 (A) in subsection (a), by inserting ‘‘, and

10 for the reimbursement of administrative costs

11 under subsection (c)’’ before the period at the

12 end of the second sentence; and

13 (B) by adding at the end the following new

14 subsection:

15 ‘‘(c)(1) For each fiscal year for which this subsection

16 is in effect, the Secretary shall, from the National Service

17 Life Insurance Fund, reimburse the ‘General operating ex18 penses’ account of the Department for the amount of ad19 ministrative costs determined under paragraph (2) for

20 that fiscal year. Such reimbursement shall be made from

21 any surplus earnings for that fiscal year that are available

22 for dividends on such insurance after claims have been

23 paid and actuarially determined reserves have been set

24 aside. However, if the amount of such administrative costs
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1 exceeds the amount of such surplus earnings, such reim2 bursement shall be made only to the extent of such surplus

3 earnings.

4 ‘‘(2) The Secretary shall determine the administra5 tive costs to the Department for a fiscal year for which

6 this subsection is in effect which, in the judgment of the

7 Secretary, are properly allocable to the provision of Na8 tional Service Life Insurance (and to the provision of any

9 total disability income insurance added to the provision

10 of such insurance).

11 ‘‘(3) This subsection shall be in effect only with re12 spect to fiscal year 1996.’’.

13 (2) Section 1923 is amended—

14 (A) in subsection (a), by inserting ‘‘, and

15 for the reimbursement of administrative costs

16 under subsection (d)’’ before the period at the

17 end of the last sentence; and

18 (B) by adding at the end the following new

19 subsection:

20 ‘‘(d)(1) For each fiscal year for which this subsection

21 is in effect, the Secretary shall, from the Veterans’ Special

22 Life Insurance Fund, reimburse the ‘General operating ex23 penses’ account of the Department for the amount of ad24 ministrative costs determined under paragraph (2) for

25 that fiscal year. Such reimbursement shall be made from
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1 any surplus earnings for that fiscal year that are available

2 for dividends on such insurance after claims have been

3 paid and actuarially determined reserves have been set

4 aside. However, if the amount of such administrative costs

5 exceeds the amount of such surplus earnings, such reim6 bursement shall be made only to the extent of such surplus

7 earnings.

8 ‘‘(2) The Secretary shall determine the administra9 tive costs to the Department for a fiscal year for which

10 this subsection is in effect which, in the judgment of the

11 Secretary, are properly allocable to the provision of Veter12 ans’ Special Life Insurance (and to the provision of any

13 total disability income insurance added to the provision

14 of such insurance).

15 ‘‘(3) This subsection shall be in effect only with re16 spect to fiscal year 1996.’’.

17 (3) Section 1955 is amended—

18 (A) in subsection (a), by inserting ‘‘, and

19 for the reimbursement of administrative costs

20 under subsection (c)’’ before the period at the

21 end of the first sentence; and

22 (B) by adding at the end the following new

23 subsection:

24 ‘‘(c)(1) For each fiscal year for which this subsection

25 is in effect, the Secretary shall, from the United States
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1 Government Life Insurance Fund, reimburse the ‘General

2 operating expenses’ account of the Department for the

3 amount of administrative costs determined under para4 graph (2) for that fiscal year. Such reimbursement shall

5 be made from any surplus earnings for that fiscal year

6 that are available for dividends on such insurance after

7 claims have been paid and actuarially determined reserves

8 have been set aside. However, if the amount of such ad9 ministrative costs exceeds the amount of such surplus

10 earnings, such reimbursement shall be made only to the

11 extent of such surplus earnings.

12 ‘‘(2) The Secretary shall determine the administra13 tive costs to the Department for a fiscal year for which

14 this subsection is in effect which, in the judgment of the

15 Secretary, are properly allocable to the provision of United

16 States Government Life Insurance (and to the provision

17 of any total disability income insurance added to the provi18 sion of such insurance).

19 ‘‘(3) This subsection shall be in effect only with re20 spect to fiscal year 1996.’’.

21 (4) Section 1982 is amended by striking out

22 ‘‘The United States’’ and inserting in lieu thereof

23 ‘‘Except as provided in sections 1920(c), 1923(d),

24 and 1955(c) of this title, the United States’’.
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1 Ω11æSEC. 109. Notwithstanding any other provision

2 of law, the Secretary of Veterans Affairs is authorized to

3 transfer, without compensation or reimbursement, the juris4 diction and control of a parcel of land consisting of ap5 proximately 6.3 acres, located on the south edge of the De6 partment of Veterans Affairs Medical and Regional Office

7 Center, Wichita, Kansas, including buildings Nos. 8 and

8 30 and other improvements thereon, to the Secretary of

9 Transportation for the purpose of expanding and moderniz10 ing United States Highway 54: Provided, That if nec11 essary, the exact acreage and legal description of the real

12 property transferred shall be determined by a survey satis13 factory to the Secretary of Veterans Affairs and the Sec14 retary of Transportation shall bear the cost of such sur15 vey: Provided further, That the Secretary of Transpor16 tation shall be responsible for all costs associated with the

17 transferred land and improvements thereon, and compli18 ance with all existing statutes and regulations: Provided

19 further, That the Secretary of Veterans Affairs and the

20 Secretary of Transportation may require such additional

21 terms and conditions as each Secretary considers appro22 priate to effectuate this transfer of land.

23 Ω12æSEC. 110. Funds available to the Department of

24 Veterans Affairs Revolving Supply Fund shall be available

25 until September 30, 1997, for expenses necessary to establish
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1 a Department wide program to develop and implement a

2 Federal acquisition computer network required by section

3 9001 of the Federal Acquisition Streamlining Act of 1994

4 (Public Law 103–355).

5 Ω13æSEC. 111. The Department of Veterans Affairs

6 shall provide hospital care and medical services to eligible

7 veterans in the State of Hawaii at levels commensurate

8 with levels of care provided in the forty-eight contiguous

9 States. The Secretary shall utilize the contract authority

10 prescribed in section 1703 of title 38, United States Code,

11 to treat eligible veterans residing in the State of Hawaii

12 wherever appropriate.

13 Ω14æSEC. 112. PLAN FOR ALLOCATION OF HEALTH

14 CARE RESOURCES BY DEPARTMENT OF VETERANS AF15 FAIRS.

16 (a) PLAN.—(1) The Secretary of Veterans Affairs shall

17 develop a plan for the allocation of health care resources

18 (including personnel and funds) of the Department of Veter19 ans Affairs among the health care facilities of the Depart20 ment so as to ensure that veterans having similar economic

21 status, eligibility priority and, or, similar medical condi22 tions who are eligible for medical care in such facilities have

23 similar access to such care in such facilities regardless of

24 the region of the United States in which such veterans re25 side.
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1 (2) The Plan shall reflect, to the maximum extent pos2 sible, the Veterans Integrated Service Network, as well as

3 the Resource Planning and Management System developed

4 by the Department of Veterans Affairs to account for fore5 casts in expected workload and to ensure fairness to facili6 ties that provide cost-efficient health care, and shall include

7 procedures to identify reasons for variations in operating

8 costs among similar facilities and ways to improve the allo9 cation of resources so as to promote efficient use of resources

10 and provision of quality health care.

11 (3) The Secretary shall prepare the plan in consulta12 tion with the Under Secretary of Health of the Department

13 of Veterans Affairs.

14 (b) PLAN ELEMENTS.—The plan under subsection (a)

15 shall set forth—

16 (1) milestones for achieving the goal referred to

17 in that subsection; and

18 (2) a means of evaluating the success of the Sec19 retary in meeting the goals through the plan.

20 (c) SUBMITTAL TO CONGRESS.—The Secretary shall

21 submit to Congress the plan developed under subsection (a)

22 not later than 180 days after the date of the enactment of

23 this Act.

24 (d) PLAN IMPLEMENTATION.—The Secretary shall im25 plement the plan developed under subsection (a) within 60
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1 days of submitting such plan to Congress under subsection

2 (b), unless within such period the Secretary notifies the ap3 propriate committees of Congress that such plan will not

4 be implemented along with an explanation of why such

5 plan will not be implemented.

6 Ω15æSEC. 113. During fiscal year 1996, not to exceed

7 $5,700,000 may be transferred from ‘‘Medical care’’ to

8 ‘‘Medical administration and miscellaneous operating ex9 penses’’. No transfer may occur until 20 days after the Sec10 retary of Veterans Affairs provides written notice to the

11 House and Senate Committees on Appropriations.

12 TITLE II

13 DEPARTMENT OF HOUSING AND URBAN

14 DEVELOPMENT

15 HOUSING PROGRAMS

16 ANNUAL CONTRIBUTIONS FOR ASSISTED HOUSING

17 Ω16æFor assistance under the United States Housing

18 Act of 1937, as amended (‘‘the Act’’ herein) (42 U.S.C.

19 1437), not otherwise provided for, $10,182,359,000, to re20 main available until expended: Provided, That none of the

21 funds made available under the head ‘‘Annual contribu22 tions for assisted housing’’ in this Act or any prior Act

23 shall be expended if such expenditure would cause total

24 fiscal year 1996 expenditures to exceed $19,939,311,000:

25 Provided further, That the Secretary shall report to the
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1 Committees on Appropriations every 90 days on the imple2 mentation of the spending limitation in the preceding pro3 viso: Provided further, That of the total amount provided

4 under this head, $100,000,000 shall be for the develop5 ment or acquisition cost of public housing for Indian fami6 lies, including amounts for housing under the mutual help

7 homeownership opportunity program under section 202 of

8 the Act (42 U.S.C. 1437bb): Provided further, That of the

9 total amount provided under this head, $2,500,000,000

10 shall be for modernization of existing public housing

11 projects pursuant to section 14 of the Act (42 U.S.C.

12 1437l): Provided further, That during fiscal year 1996, the

13 Secretary may direct any public housing agency that re14 ceives any part of the foregoing amount, to use such

15 amount, or any other amount that has been made avail16 able in this or any other prior Act for public housing under

17 this head or for the HOPE VI/Urban Revitalization Dem18 onstration Program, and that has not been obligated by

19 the agency, to demolish, reconfigure, or reduce the density

20 of any public housing project owned by the agency: Pro21 vided further, That of the amounts earmarked under this

22 head for modernization of existing public housing projects,

23 $15,000,000 shall be used for the Tenant Opportunity

24 Program: Provided further, That of the total amount pro25 vided under this head, $862,125,000 shall be available for
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1 non-incremental rental assistance under the section 8

2 housing voucher program under section 8(o) of the Act

3 (42 U.S.C. 1437f(o)): Provided further, That notwith4 standing any other provision of law, voucher assistance

5 provided under the preceding proviso may be used in con6 nection with legislation enacted after the effective date of

7 this Act that authorizes assistance for such purpose, as

8 determined by the Secretary: Provided further, That of the

9 total amount provided under this head, $1,440,770,000

10 shall be for special needs housing: Provided further, That

11 the amount earmarked under the preceding proviso shall

12 be for capital advances, including amendments to capital

13 advance contracts, for housing for the elderly, as author14 ized by section 202 of the Housing Act of 1959, as amend15 ed, and for project rental assistance, and amendments to

16 contracts for project rental assistance, for supportive

17 housing for the elderly under section 202(c)(2) of the

18 Housing Act of 1959, as amended; capital advances, in19 cluding amendments to capital advance contracts, and

20 project rental assistance, including amendments to con21 tracts for project rental assistance, for supportive housing

22 for persons with disabilities, as authorized by section 811

23 of the Cranston-Gonzalez National Affordable Housing

24 Act; and housing opportunities for persons with AIDS

25 under title VIII, subtitle D of the Cranston-Gonzalez Na-
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1 tional Affordable Housing Act: Provided further, That of

2 the funds earmarked in this appropriations Act for special

3 needs housing, the Secretary may waive any provision of

4 section 202 of the Housing Act of 1959 and section 811

5 of the National Affordable Housing Act (including the

6 provisions governing the terms and conditions of project

7 rental assistance) that the Secretary determines is not

8 necessary to achieve the objectives of these programs, or

9 that otherwise impedes the ability to develop, operate or

10 administer projects assisted under these programs, and

11 may make provision for alternative conditions or terms

12 where appropriate: Provided further, That the Secretary

13 may use up to $200,000,000 from unobligated carryover

14 balances under this heading as of September 30, 1995,

15 for assistance for State or local units of government, ten16 ant and nonprofit organizations to purchase projects

17 where owners have indicated an intention to prepay mort18 gages and for assistance to be used as an incentive to pre19 vent prepayment or for vouchers to aid eligible tenants ad20 versely affected by mortgage prepayment, as authorized

21 under preservation legislation enacted subsequent to this

22 Act: Provided further, That of the total amount provided

23 under this head, $10,000,000 shall be for the lead-based

24 paint hazard reduction program as authorized under sec25 tion 1053 of the Residential Lead-Based Paint Hazard
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1 Reduction Act of 1992: Provided further, That of the total

2 amount provided under this head, $17,300,000 shall be

3 available for fees for coordinators under section 23(h)(1)

4 for the Family Self-sufficiency Program (42 U.S.C.

5 1437u): Provided further, That of the total amount pro6 vided under this head, $4,641,589,000 shall be for assist7 ance under the United States Housing Act of 1937 (42

8 U.S.C. 1437) for use in connection with expiring or termi9 nating section 8 subsidy contracts: Provided further, That

10 such amounts shall be merged with funds referenced in

11 section 204 of this title: Provided further, That the Sec12 retary of Housing and Urban Development may reserve

13 amounts available for the renewal of assistance under sec14 tion 8 of the United States Housing Act of 1937 and may

15 use such amounts, upon the termination or expiration of

16 a contract for assistance under section 8 of the United

17 States Housing Act of 1937 (other than a contract for

18 tenant-based assistance and notwithstanding section 8(v)

19 of such Act for loan management assistance), to provide

20 voucher assistance under section 8(o) of such Act in the

21 market area for a number of eligible families equal to the

22 number of units covered by the terminated or expired con23 tract, which assistance shall be in accordance with terms

24 and conditions prescribed by the Secretary: Provided fur25 ther, That notwithstanding any other provision of law, as-
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1 sistance reserved under the preceding proviso may be used

2 in connection with any provision of Federal law enacted

3 after the enactment of this Act that authorizes the use

4 of rental assistance amounts in connection with such ter5 minated or expired contracts: Provided further, That of the

6 total amount provided under this head, $610,575,000

7 shall be for amendments to section 8 contracts other than

8 contracts for projects developed under section 202 of the

9 Housing Act of 1959, as amended.

10 For assistance under the United States Housing Act

11 of 1937, as amended (‘‘the Act’’ herein) (42 U.S.C. 1437),

12 not otherwise provided for, $5,594,358,000, to remain avail13 able until expended: Provided, That of the total amount

14 provided under this head, $200,000,000 shall be for the de15 velopment or acquisition cost of public housing for Indian

16 families, including amounts for housing under the mutual

17 help homeownership opportunity program under section

18 202 of the Act (42 U.S.C. 1437bb): Provided further, That

19 of the total amount provided under this head,

20 $2,510,000,000 shall be for modernization of existing public

21 housing projects pursuant to section 14 of the Act (42

22 U.S.C. 1437l), including up to $30,000,000 for the inspec23 tion of public housing units, contract expertise, and train24 ing and technical assistance, directly or indirectly, under

25 grants, contracts, or cooperative agreements, to assist in the
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1 oversight and management of public and Indian housing

2 (whether or not the housing is being modernized with assist3 ance under this proviso) or tenant-based assistance, includ4 ing, but not limited to, an annual resident survey, data

5 collection and analysis, training and technical assistance

6 by or to officials and employees of the Department and of

7 public housing agencies and to residents in connection with

8 the public and Indian housing program, support of a public

9 housing institution to provide such training, technical as10 sistance, and education, and training and technical assist11 ance to assist public housing agencies in avoiding designa12 tion as troubled agencies and in qualifying for removal of

13 such designation: Provided further, That of the total

14 amount provided under this head, $240,000,000 shall be for

15 new incremental rental subsidy contracts under the section

16 8 existing housing certificate program and the housing

17 voucher program under section 8 of the Act, except that such

18 amounts shall be used only for units necessary to provide

19 housing assistance for residents to be relocated from existing

20 federally subsidized or assisted housing, for replacement

21 housing for units demolished or disposed of (including units

22 to be disposed of pursuant to a homeownership program

23 under section 5(h) or title III of the United States Housing

24 Act of 1937) from the public housing inventory, for funds

25 related to litigation settlements, for the conversion of section
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1 23 projects to assistance under section 8, for public housing

2 agencies to implement allocation plans approved by the Sec3 retary for designated housing, and for funds to carry out

4 the family unification program: Provided further, That of

5 the total amount provided under this head, $500,000,000

6 shall be for amendments to section 8 contracts other than

7 contracts for projects developed under section 202 of the

8 Housing Act of 1959, as amended; $261,000,000 shall be

9 for section 8 assistance and rehabilitation grants for prop10 erty disposition; and $624,000,000 shall be for assistance

11 for State or local units of government (including public

12 housing authorities), tenant and nonprofit organizations to

13 purchase projects where owners have indicated an intention

14 to prepay mortgages and for assistance to be used as an

15 incentive to prevent prepayment or for vouchers (not to ex16 ceed $74,000,000) to aid eligible tenants adversely affected

17 by mortgage prepayment, as authorized in the Emergency

18 Low-Income Housing Preservation Act of 1987, as amend19 ed: Provided further, That of the foregoing $624,000,000,

20 up to $20,000,000 shall be available for preservation tech21 nical assistance grants pursuant to section 253 of the Hous22 ing and Community Development Act of 1987, as amended,

23 and that the Secretary may designate funding to carry out

24 plans of action approved prior to October 1, 1995, to permit

25 purchases of projects by non-profit organizations or tenant
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1 organizations, which are awaiting funding, and which, to

2 the Secretary’s satisfaction, will be unable to close without

3 immediate obligation of funding heretofore applied for and

4 approved: Provided further, That with respect to the fore5 going $624,000,000, if the Secretary determines that the de6 mand for funding may exceed amounts available for such

7 funding, the Secretary (1) may determine priorities for dis8 tributing available funds, including giving priority funding

9 to tenants displaced due to mortgage prepayment and to

10 projects that have not yet been funded but to which funding

11 has been committed; and (2) may impose a temporary mor12 atorium on applications by potential recipients of such

13 funding: Provided further, That during fiscal year 1996,

14 the Secretary of Housing and Urban Development may

15 manage and dispose of multifamily properties owned by the

16 Secretary and multifamily mortgages held by the Secretary

17 as of October 1, 1995 without regard to any other provision

18 of law: Provided further, That 50 per centum of the

19 amounts of budget authority, or in lieu thereof 50 per cen20 tum of the cash amounts associated with such budget au21 thority, that are recaptured from projects described in sec22 tion 1012(a) of the Stewart B. McKinney Homeless Assist23 ance Amendments Act of 1988 (Public Law 100–628, 102

24 Stat. 3224, 3268) shall be rescinded, or in the case of cash,

25 shall be remitted to the Treasury, and such amounts of
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1 budget authority or cash recaptured and not rescinded or

2 remitted to the Treasury shall be used by State housing fi3 nance agencies or local governments or local housing agen4 cies with projects approved by the Secretary of Housing and

5 Urban Development for which settlement occurred after

6 January 1, 1992, in accordance with such section: Provided

7 further, That of the total amount provided under this head,

8 $171,000,000 shall be for housing opportunities for persons

9 with AIDS under title VIII, subtitle D of the Cranston-Gon10 zalez National Affordable Housing Act; and $75,000,000

11 shall be for the lead-based paint hazard reduction program

12 as authorized under sections 1011 and 1053 of the Residen13 tial Lead-Based Hazard Reduction Act of 1992.

14 Of the total amount provided under this head,

15 $780,190,000 shall be for capital advances, including

16 amendments to capital advance contracts, for housing for

17 the elderly, as authorized by section 202 of the Housing Act

18 of 1959, as amended, and for project rental assistance, and

19 amendments to contracts for project rental assistance, for

20 supportive housing for the elderly under section 202(c)(2)

21 of the Housing Act of 1959; and $233,168,000 shall be for

22 capital advances, including amendments to capital advance

23 contracts, for supportive housing for persons with disabil24 ities, as authorized by section 811 of the Cranston-Gonzalez

25 National Affordable Housing Act; and for project rental as-
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1 sistance, and amendments to contracts for project rental as2 sistance, for supportive housing for persons with disabilities

3 as authorized by section 811 of the Cranston-Gonzalez Na4 tional Affordable Housing Act: Provided, That the Sec5 retary may waive any provision of section 202 of the Hous6 ing Act of 1959 and section 811 of the National Affordable

7 Housing Act (including the provisions governing the terms

8 and conditions of project rental assistance) that the Sec9 retary determines is not necessary to achieve the objectives

10 of these programs, or that otherwise impedes the ability to

11 develop, operate or administer projects assisted under these

12 programs, and may make provision for alternative condi13 tions or terms where appropriate.

14 PUBLIC HOUSING DEMOLITION, SITE REVITALIZATION, AND

15 REPLACEMENT HOUSING GRANTS

16 For grants to public housing agencies for the purposes

17 of enabling the demolition of obsolete public housing projects

18 or portions thereof, the revitalization (where appropriate)

19 of sites (including remaining public housing units) on

20 which such projects are located, replacement housing which

21 will avoid or lessen concentrations of very low-income fami22 lies, and tenant-based assistance in accordance with section

23 8 of the United States Housing Act of 1937 for the purpose

24 of providing replacement housing and assisting tenants to

25 be displaced by the demolition, $500,000,000, to remain

26 available until expended: Provided, That the Secretary shall
35

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1 award such funds to public housing agencies by a competi2 tion which includes among other relevant criteria the local

3 and national impact of the proposed demolition and revi4 talization activities and the extent to which the public hous5 ing agency could undertake such activities without the addi6 tional assistance to be provided hereunder: Provided fur7 ther, That eligible expenditures hereunder shall be those ex8 penditures eligible under section 8 and section 14 of the

9 United States Housing Act of 1937 (42 U.S.C. 1437f and

10 l): Provided further, That the Secretary may impose such

11 conditions and requirements as the Secretary deems appro12 priate to effectuate the purposes of this paragraph: Provided

13 further, That the Secretary may require an agency selected

14 to receive funding to make arrangements satisfactory to the

15 Secretary for use of an entity other than the agency to carry

16 out this program where the Secretary determines that such

17 action will help to effectuate the purpose of this paragraph:

18 Provided further, That in the event an agency selected to

19 receive funding does not proceed expeditiously as deter20 mined by the Secretary, the Secretary shall withdraw any

21 funding made available pursuant to this paragraph and

22 that has not been obligated by the agency and distribute

23 such funds to one or more other eligible agencies: Provided

24 further, That of the foregoing $500,000,000, the Secretary

25 may use up to .67 per centum for technical assistance, to
36

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1 be provided directly or indirectly by grants, contracts or

2 cooperative agreements, including training and cost of nec3 essary travel for participants in such training, by or to

4 officials and employees of the Department and of public

5 housing agencies and to residents: Provided further, That

6 any replacement housing provided with assistance under

7 this head shall be subject to section 18(f) of the United

8 States Housing Act of 1937, as amended by section

9 201(b)(2) of this Act.

10 ASSISTANCE FOR THE RENEWAL OF EXPIRING SECTION 8

11 SUBSIDY CONTRACTS

12 (INCLUDING TRANSFER OF FUNDS)

13 For assistance under the United States Housing Act

14 of 1937 (42 U.S.C. 1437) not otherwise provided for, for

15 use in connection with expiring section 8 subsidy contracts,

16 $4,350,862,000, to remain available until expended: Pro17 vided, That to the extent the amount in this appropriation

18 is insufficient to fund all expiring section 8 contracts, the

19 Secretary may transfer to and merge with this appropria20 tion such amounts from the ‘‘Annual contributions for as21 sisted housing’’ appropriation as the Secretary shall deter22 mine, and amounts earmarked in the foregoing account

23 may be reduced accordingly, at the Secretary’s discretion:

24 Provided further, That the Secretary may maintain consoli25 dated accounting data for funds disbursed at the public

26 housing agency or Indian housing authority or project level
37

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1 for subsidy assistance regardless of the source of the dis2 bursement so as to minimize the administrative burden of

3 multiple accounts: Provided further, That the Secretary

4 may determine not to apply section 8(o)(6)(B) of the Act

5 to renewals of housing vouchers during fiscal year 1996.

6 FLEXIBLE SUBSIDY FUND

7 (INCLUDING TRANSFER OF FUNDS)

8 From the fund established by section 236(g) of the

9 National Housing Act, as amended, all uncommitted bal10 ances of excess rental charges as of September 30, 1995,

11 and any collections during fiscal year 1996 shall be trans12 ferred, as authorized under such section, to the fund au13 thorized under section 201 (j) of the Housing and Com14 munity Development Amendments of 1978, as amended.

15 RENTAL HOUSING ASSISTANCE

16 (RESCISSION)

17 The limitation otherwise applicable to the maximum

18 payments that may be required in any fiscal year by all

19 contracts entered into under section 236 of the National

20 Housing Act (12 U.S.C. 1715z–1) is reduced in fiscal year

21 1996 by not more than $2,000,000 in uncommitted bal22 ances of authorizations provided for this purpose in appro23 priations Acts: Provided, That up to $163,000,000 of re24 captured section 236 budget authority resulting from the

25 prepayment of mortgages subsidized under section 236 of
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1 the National Housing Act (12 U.S.C. 1715z–1) shall be

2 rescinded in fiscal year 1996.

3 PAYMENTS FOR OPERATION OF LOW-INCOME HOUSING

4 PROJECTS

5 For payments to public housing agencies and Indian

6 housing authorities for operating subsidies for low-income

7 housing projects as authorized by section 9 of the United

8 States Housing Act of 1937, as amended (42 U.S.C.

9 1437g), Ω17æ$2,500,000,000 $2,800,000,000.

10 ∆18«DRUG ELIMINATION GRANTS FOR LOW-INCOME

11 HOUSING

12 For grants to public and Indian housing agencies for

13 use in eliminating crime in public housing projects author14 ized by 42 U.S.C. 11901–11908, and for drug information

15 clearinghouse services authorized by 42 U.S.C. 11921–

16 11925, $290,000,000, to remain available until expended,

17 of which $10,000,000 shall be for grants, technical assist18 ance, contracts and other assistance training, program as19 sessment, and execution for or on behalf of public housing

20 agencies and resident organizations (including the cost of

21 necessary travel for participants in such training): Pro22 vided, That after setting aside amounts in 42 U.S.C.

23 11909(b) for grants for federally assisted low-income hous24 ing, the Secretary, notwithstanding 42 U.S.C. 11904, may

25 provide grants through a formula taking into account the

26 needs of public housing agencies for anti-crime funding,
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1 and the amount of funding public housing agencies have

2 received under this heading during fiscal years 1993, 1994,

3 and 1995, but which does not exclude an eligible agency

4 that has not received funding during that period: Provided

5 further, That the term ‘‘drug-related crime’’, as defined in

6 42 U.S.C. 11905(2), shall also include other types of crime

7 as determined by the Secretary.

8 HOME INVESTMENT PARTNERSHIPS PROGRAM

9 For the HOME investment partnerships program, as

10 authorized under title II of the Cranston-Gonzalez Na11 tional Affordable Housing Act (Public Law 101–625), as

12 amended, $1,400,000,000, to remain available until ex13 pended.

14 Ω19æHOUSING COUNSELING ASSISTANCE

15 For contracts, grants, and other assistance, other

16 than loans, not otherwise provided for, for providing coun17 seling and advice to tenants and homeowners—both cur18 rent and prospective—with respect to property mainte19 nance, financial management, and such other matters as

20 may be appropriate to assist them in improving their hous21 ing conditions and meeting the responsibilities of tenancy

22 or homeownership, including provisions for training and

23 for support of voluntary agencies and services as author24 ized by section 106 of the Housing and Urban Develop25 ment Act of 1968, as amended, $12,000,000, notwith-
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1 standing section 106(c)(9) and section 106(d)(13), of such

2 Act.

3 INDIAN HOUSING LOAN GUARANTEE FUND PROGRAM

4 ACCOUNT

5 For the cost of guaranteed loans, $3,000,000, as au6 thorized by section 184 of the Housing and Community

7 Development Act of 1992 (106 Stat. 3739): Provided,

8 That such costs, including the costs of modifying such

9 loans, shall be as defined in section 502 of the Congres10 sional Budget Act of 1974, as amended: Provided further,

11 That these funds are available to subsidize total loan prin12 cipal, any part of which is to be guaranteed, not to exceed

13 $36,900,000.

14 HOMELESS ASSISTANCE

15 HOMELESS ASSISTANCE GRANTS

16 For Ω20ægrants awarded or allocated by the Secretary

17 of Housing and Urban Development, through a competition

18 or by formula, for the purpose of providing housing and

19 services for homeless individuals and families to be deliv20 ered by entities eligible to receive assistance under, and to

21 fund eligible activities described in, the emergency shelter

22 grants program (as authorized under subtitle B of title

23 IV of the Stewart B. McKinney Homeless Assistance Act

24 (Public Law 100–77), as amended); the supportive hous25 ing program (as authorized under subtitle C of title IV

26 of such Act); the section 8 moderate rehabilitation single
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1 room occupancy program (as authorized under the United

2 States Housing Act of 1937, as amended) to assist home3 less individuals pursuant to section 441 of the Stewart B.

4 McKinney Homeless Assistance Act; Ω21æand the shelter

5 plus care program (as authorized under subtitle F of title

6 IV of such Act)Ω22æ; and the innovative homeless initia7 tives demonstration program (as described in sections

8 2(a)–2(f) of the HUD Demonstration Act of 1993 (Public

9 Law 103–120)), Ω23æ$676,000,000 $760,000,000, to re10 main available until expended. Ω24æTo the extent the Sec11 retary determines to use a formula under this heading, the

12 Secretary shall use the existing formula as provided under

13 the Emergency Shelter Grants program under section 413

14 of the Stewart B. McKinney Homeless Assistance Act and

15 promulgate any rules under the rulemaking procedures

16 under section 553 of title 5, United States Code. The Sec17 retary shall report, within one year of the date of enact18 ment, on ways to merge the homeless assistance programs

19 under the Stewart B. McKinney Homeless Assistance Act

20 with the HOME program under title II of the Cranston21 Gonzalez National Affordable Housing Act.

22 COMMUNITY PLANNING AND DEVELOPMENT

23 COMMUNITY DEVELOPMENT GRANTS

24 (INCLUDING TRANSFER OF FUNDS)

25 For grants to States and units of general local gov26 ernment and for related expenses, not otherwise provided
42

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1 for, necessary for carrying out a community development

2 grants program as authorized by title I of the Housing

3 and Community Development Act of 1974, as amended

4 (42 U.S.C. 5301), $4,600,000,000, to remain available

5 until September 30, 1998: Provided, That

6 Ω25æ$46,000,000 $60,000,000 shall be available for grants

7 to Indian tribes pursuant to section 106(a)(1) of the

8 Housing and Community Development Act of 1974, as

9 amended (42 U.S.C. 5301), Ω26æ$2,000,000 shall be avail10 able as a grant to the Housing Assistance Council,

11 $1,000,000 shall be available as a grant to the National

12 American Indian Housing Council, and Ω27æ$19,500,000

13 $27,000,000 shall be available for ‘‘special purpose grants’’

14 pursuant to section 107 of such Act: Provided further,

15 That not to exceed 20 per centum of any grant made with

16 funds appropriated herein (other than Ω28æa grant using

17 funds under section 107(b)(3) of such Act a grant made

18 available under the preceding proviso to the Housing Assist19 ance Council or the National American Indian Housing

20 Council, or a grant using funds under section 107(b)(3) of

21 the Housing and Community Development Act of 1974)

22 shall be expended for ‘‘Planning and Management Devel23 opment’’ and ‘‘Administration’’ as defined in regulations

24 promulgated by the Department of Housing and Urban

25 DevelopmentΩ29æ: Provided further, That section
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1 105(a)(25) of such Act, as added by section 907(b)(1) of

2 the Cranston-Gonzalez National Affordable Housing Act,

3 shall continue to be effective after September 30, 1995, not4 withstanding section 907(b)(2) of such ActΩ30æ: Provided

5 further, That section 916 of the Cranston-Gonzalez National

6 Affordable Housing Act shall apply with respect to fiscal

7 year 1996, notwithstanding section 916(f) of the Act.

8 Ω31æOf the amount provided under this heading, the

9 Secretary of Housing and Urban Development may use up

10 to $80,000,000 for grants to public housing agencies (in11 cluding Indian housing authorities), nonprofit corpora12 tions, and other appropriate entities for a supportive serv13 ices program to assist residents of public and assisted hous14 ing, former residents of such housing receiving tenant-based

15 assistance under section 8 of such Act (42 U.S.C. 1437f),

16 and other low-income families and individuals become self17 sufficient: Provided, That the program shall provide sup18 portive services to the elderly and the disabled and to fami19 lies with children where the head of household would benefit

20 from the receipt of supportive services and is working, seek21 ing work, or is preparing for work by participating in job

22 training or educational programs: Provided further, That

23 the supportive services shall include congregate services for

24 the elderly and disabled, service coordinators, and coordi25 nated educational, training, and other supportive services,
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1 including academic skills training, job search assistance,

2 assistance related to retaining employment, vocational and

3 entrepreneurship development and support programs,

4 transportation, and child care: Provided further, That the

5 Secretary shall require applicants to demonstrate firm com6 mitments of funding or services from other sources: Pro7 vided further, That the Secretary shall select public and In8 dian housing agencies to receive assistance under this head

9 on a competitive basis, taking into account the quality of

10 the proposed program (including any innovative ap11 proaches), the extent of the proposed coordination of sup12 portive services, the extent of commitments of funding or

13 services from other sources, the extent to which the proposed

14 program includes reasonably achievable, quantifiable goals

15 for measuring performance under the program over a three16 year program, the extent of success an agency has had in

17 carrying out other comparable initiatives, and other appro18 priate criteria established by the Secretary: Provided fur19 ther, That of the amount made available under this para20 graph, $12,000,000 shall be available for contracts, grants,

21 and other assistance, other than loans, not otherwise pro22 vided for, for providing counseling and advice to tenants

23 and homeowners both current and prospective, with respect

24 to property maintenance, financial management, and such

25 other matters as may be appropriate to assist them in im-
45

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1 proving their housing conditions and meeting the respon2 sibilities of tenancy or homeownership, including provisions

3 for training and for support of voluntary agencies and serv4 ices as authorized by section 106 of the Housing and Urban

5 Development Act of 1968, as amended, notwithstanding sec6 tion 106(c)(9) and section 106(d)(13) of such Act. Of the

7 amount provided under this heading, notwithstanding any

8 other provision of law, $40,000,000 shall be available for

9 youthbuild program activities authorized by subtitle D of

10 title IV of the Cranston-Gonzalez National Affordable Hous11 ing Act, as amended, and shall be an eligible activity with

12 respect to any funds made available under this heading.

13 Of the amount provided under this heading, notwithstand14 ing any other provision of law, $80,000,000 shall be avail15 able for Economic Development Initiative grants as author16 ized by section 232 of the Multifamily Housing Property

17 Disposition Reform Act of 1994, Public Law 103–233, on

18 a competitive basis as required by section 102 of the HUD

19 Reform Act.

20 For the cost of guaranteed loans, Ω32æ$10,500,000

21 $15,750,000, as authorized by section 108 of the Housing

22 and Community Development Act of 1974: Provided, That

23 such costs, including the cost of modifying such loans,

24 shall be as defined in section 502 of the Congressional

25 Budget Act of 1974, as amended: Provided further, That
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1 these funds are available to subsidize total loan principal,

2 any part of which is to be guaranteed, not to exceed

3 Ω33æ$1,000,000,000 $1,500,000,000. In addition, for ad4 ministrative expenses to carry out the guaranteed loan

5 program, Ω34æ$225,000 $675,000 which shall be trans6 ferred to and merged with the appropriation for depart7 mental salaries and expenses.

8 Ω35æ The amount made available for fiscal year 1995

9 for a special purpose grant for the renovation of the central

10 terminal in Buffalo, New York, shall be made available for

11 the central terminal and for other public facilities in

12 Bullalo, New York.

13 POLICY DEVELOPMENT AND RESEARCH

14 RESEARCH AND TECHNOLOGY

15 For contracts, grants, and necessary expenses of pro16 grams of research and studies relating to housing and

17 urban problems, not otherwise provided for, as authorized

18 by title V of the Housing and Urban Development Act

19 of 1970, as amended (12 U.S.C. 1701z–1 et seq.), includ20 ing carrying out the functions of the Secretary under sec21 tion 1(a)(1)(i) of Reorganization Plan No. 2 of 1968,

22 $34,000,000, to remain available until September 30,

23 1997.
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1 Ω36æFAIR HOUSING AND EQUAL OPPORTUNITY

2 FAIR HOUSING ACTIVITIES

3 For contracts, grants, and other assistance, not oth4 erwise provided for, as authorized by title VIII of the Civil

5 Rights Act of 1968, as amended by the Fair Housing

6 Amendments Act of 1988, $30,000,000, to remain avail7 able until September 30, 1997.

8 MANAGEMENT AND ADMINISTRATION

9 SALARIES AND EXPENSES

10 (INCLUDING TRANSFERS OF FUNDS)

11 For necessary administrative and nonadministrative

12 expenses of the Department of Housing and Urban Devel13 opment, not otherwise provided for, including not to ex14 ceed $7,000 for official reception and representation ex15 penses, Ω37æ$951,988,000 $980,777,000, of which

16 Ω38æ$505,745,000 $532,782,000 shall be provided from

17 the various funds of the Federal Housing Administration,

18 and Ω39æ$8,824,000 $9,101,000 shall be provided from

19 funds of the Government National Mortgage Association,

20 and Ω40æ$225,000 $675,000 shall be provided from the

21 Community Development Grants Program account.

22 OFFICE OF INSPECTOR GENERAL

23 (INCLUDING TRANSFER OF FUNDS)

24 For necessary expenses of the Office of Inspector

25 General in carrying out the provisions of the Inspector

26 General Act of 1978, as amended, Ω41æ$47,388,000
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1 $48,251,000, of which Ω42æ$10,961,000 $11,283,000 shall

2 be transferred from the various funds of the Federal

3 Housing Administration.

4 Ω43æOFFICE OF FEDERAL HOUSING ENTERPRISE

5 OVERSIGHT

6 SALARIES AND EXPENSES

7 (INCLUDING TRANSFER OF FUNDS)

8 For carrying out the Federal Housing Enterprise Fi9 nancial Safety and Soundness Act of 1992, $14,895,000,

10 to remain available until expended, from the Federal

11 Housing Enterprise Oversight Fund: Provided, That such

12 amounts shall be collected by the Director as authorized

13 by section 1316 (a) and (b) of such Act, and deposited

14 in the Fund under section 1316(f) of such Act.

15 FEDERAL HOUSING ADMINISTRATION

16 FHA—MUTUAL MORTGAGE INSURANCE PROGRAM

17 ACCOUNT

18 (INCLUDING TRANSFERS OF FUNDS)

19 During fiscal year 1996, commitments to guarantee

20 loans to carry out the purposes of section 203(b) of the

21 National Housing Act, as amended, shall not exceed a loan

22 principal of $110,000,000,000Ω44æ: Provided, That dur23 ing fiscal year 1996, the Secretary shall sell assigned mort24 gage notes having an unpaid principal balance of up to

25 $4,000,000,000, which notes were orginally insured under

26 section 203(b) of the National Housing Act: Provided fur-
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1 ther, That the Secretary may use any negative subsidy

2 amounts from the sale of such assigned mortgage notes dur3 ing fiscal year 1996 for the disposition of properties or notes

4 under this heading.

5 During fiscal year 1996, obligations to make direct

6 loans to carry out the purposes of section 204(g) of the

7 National Housing Act, as amended, shall not exceed

8 $200,000,000: Provided, That the foregoing amount shall

9 be for loans to nonprofit and governmental entities in con10 nection with sales of single family real properties owned

11 by the Secretary and formerly insured under section 203

12 of such Act.

13 For administrative expenses necessary to carry out

14 the guaranteed and direct loan program,

15 Ω45æ$308,846,000 $341,595,000, to be derived from the

16 FHA-mutual mortgage insurance guaranteed loans receipt

17 account, of which not to exceed Ω46æ$308,290,000

18 $334,483,000 shall be transferred to the appropriation for

19 departmental salaries and expenses; and of which not to

20 exceed Ω47æ$6,790,000 $7,112,000 shall be transferred to

21 the appropriation for the Office of Inspector General.

22 FHA—GENERAL AND SPECIAL RISK PROGRAM ACCOUNT

23 (INCLUDING TRANSFERS OF FUNDS)

24 Ω48æTotal For the cost of guaranteed loans, as author25 ized by sections 238 and 519 of the National Housing Act
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1 (12 U.S.C. 1715z–3 and 1735c), including the cost of modi2 fying such loans, $100,000,000, to remain available until

3 expended: Provided, That such costs shall be as defined in

4 section 502 of the Congressional Budget Act of 1974: Pro5 vided further, That these funds are available to subsidize

6 total loan principal any part of which is to be guaranteed

7 Ω49æshall not of not to exceed Ω50æ$15,000,000,000

8 $17,400,000,000: Ω51æProvided, Provided further, That

9 during fiscal year 1996, the Secretary shall sell assigned

10 notes having an unpaid principal balance of up to

11 $4,000,000,000, which notes were originally obligations of

12 the funds established under sections 238 and 519 of the Na13 tional Housing Act: Provided further, That the Secretary

14 may use any negative subsidy amounts from the sale of such

15 assigned mortgage notes during fiscal year 1996, in addi16 tion to amounts otherwise provided, for the disposition of

17 properties or notes under this heading (including the credit

18 subsidy for the guarantee of loans or the reduction of posi19 tive credit subsidy amounts that would otherwise be re20 quired for the sale of such properties or notes), and for any

21 other purpose under this heading: Provided further, That

22 any amounts made available in any prior appropriation

23 Act for the cost (as such term is defined in section 502

24 of the Congressional Budget Act of 1974) of guaranteed

25 loans that are obligations of the funds established under
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1 section 238 or 519 of the National Housing Act that have

2 not been Ω52æmade available for obligation obligated or

3 that are deobligated shall be available to the Secretary of

4 Housing and Urban Development in connection with the

5 making of such guarantees and shall remain available

6 until expended, notwithstanding the expiration of any pe7 riod of availability otherwise applicable to such

8 amountsΩ53æ:–Provided further, That any amounts of

9 negative subsidy resulting in fiscal year 1996 from the

10 sales of assigned mortgage notes or insurance actions that

11 exceed the amounts of negative subsidy determined to be

12 generated during such fiscal year, based on the assump13 tions specified in the President’s Budget for such fiscal

14 year, shall be available to the Secretary for the costs of

15 any note sales or insurance actions, without regard to

16 whether the source of the negative subsidy amount is a

17 note sale or insurance action, and the last proviso of this

18 paragraph shall not apply to such amounts so used in con19 nection with insurance actions: Provided further, That dur20 ing fiscal year 1996, the Secretary shall sell assigned

21 mortgage notes having an unpaid principal balance of up

22 to $2,600,000,000, which notes were originally obligations

23 of the funds established under sections 238 and 519 of

24 the National Housing Act: Provided further, That of the

25 amount appropriated herein, an amount equal to the lesser
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1 of $52,000,000 or the excess of net proceeds above the

2 value of holding the loans to maturity, such value estab3 lished using assumptions specified in the President’s fiscal

4 year 1996 Budget adjusted for interest rates at the time

5 of the sale, shall become available only after such sale has

6 been completed.

7 In addition, for the cost of guarantees for loans, as

8 authorized by sections 238 and 519 of the National Hous9 ing Act (12 U.S.C. 1715z–3 and 1735c), $69,620,000,

10 Provided, That such costs, including the cost of modifying

11 such loans, shall be as defined in section 502 of the Con12 gressional Budget Act of 1974.

13 Gross obligations for the principal amount of direct

14 loans, as authorized by sections 204(g), 207(l), 238(a),

15 and 519(a) of the National Housing Act, shall not exceed

16 $120,000,000; of which not to exceed $100,000,000 shall

17 be for bridge financing in connection with the sale of mul18 tifamily real properties owned by the Secretary and for19 merly insured under such Act; and of which not to exceed

20 $20,000,000 shall be for loans to nonprofit and govern21 mental entities in connection with the sale of single-family

22 real properties owned by the Secretary and formerly in23 sured under such Act.

24 In addition, for administrative expenses necessary to

25 carry out the guaranteed and direct loan programs,
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1 Ω54æ$197,470,000 $202,470,000, of which

2 Ω55æ$197,455,000 $198,299,000 shall be transferred to

3 the appropriation for departmental salaries and expenses;

4 and of which $4,171,000 shall be transferred to the appro5 priation for the Office of Inspector General.

6 GOVERNMENT NATIONAL MORTGAGE ASSOCIATION

7 GUARANTEES OF MORTGAGE-BACKED SECURITIES LOAN

8 GUARANTEE PROGRAM ACCOUNT

9 (INCLUDES TRANSFER OF FUNDS)

10 During fiscal year 1996, new commitments to issue

11 guarantees to carry out the purposes of section 306 of the

12 National Housing Act, as amended (12 U.S.C. 1721(g)),

13 shall not exceed $110,000,000,000.

14 For administrative expenses necessary to carry out

15 the guaranteed mortgage-backed securities program,

16 Ω56æ$8,824,000 $9,101,000, to be derived from the

17 GNMA—guarantees of mortgage-backed securities guar18 anteed loan receipt account, of which not to exceed

19 Ω57æ$8,824,000 $9,101,000 shall be transferred to the ap20 propriation for departmental salaries and expenses.

21 ADMINISTRATIVE PROVISIONS

22 (INCLUDING TRENSFER OF FUNDS)

23 Ω58æSEC. 201. PUBLIC HOUSING. (a) CEILING

24 RENTS.—Notwithstanding section 3(a) of the United

25 States Housing Act of 1937, as amended, public housing

26 agencies shall provide that the amount of rent paid by a
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1 family occupying a dwelling unit in public housing during

2 fiscal year 1996 does not exceed the maximum monthly

3 rental amount, which shall be established for the dwelling

4 unit by the public housing agency that owns or admin5 isters the unit and may not exceed an amount determined

6 by the agency based upon—

7 (1) the average, for dwelling units of similar

8 size in public housing developments owned and oper9 ated by such agency, of any monthly amount of debt

10 service and operating expenses attributable to such

11 units;

12 (2) the reasonable rental value of the unit; or

13 (3) the local market rent for comparable units

14 of similar size.

15 (b) DEMOLITION AND DISPOSITION.—

16 (1) INAPPLICABILITY OF REPLACEMENT

17 RULE.—With respect to any application under sec18 tion 18 of the United States Housing Act of 1937,

19 as amended, for the demolition or disposition of pub20 lic housing, including an application submitted under

21 paragraph (3), that is approved during fiscal year

22 1996, the provisions of subsection (b)(3) of such sec23 tion shall not apply with respect to—

24 (A) the approval of such application; or
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1 (B) the demolition or disposition of any

2 public housing pursuant to such application.

3 (2) CONFORMING PROVISION.—The requirement

4 under section 18(d) of such Act that a public hous5 ing agency satisfy the conditions specified in section

6 18(b)(3) of such Act as a condition of taking action

7 to demolish or dispose of public housing shall not

8 apply with respect to any application under such sec9 tion 18 approved during such fiscal year.

10 (3) AUTHORITY TO RESUBMIT APPLICATIONS.—

11 Any public housing agency that, before fiscal year

12 1996, submitted to the Secretary an application

13 under section 18 of such Act for demolition or dis14 position of public housing may (regardless of wheth15 er such application has been approved) at any time

16 during fiscal year 1996 submit an application sub17 ject to the provisions of this subsection that covers

18 some or all of the property covered by such previous

19 application and, to the extent the same property is

20 covered by both applications, the Secretary shall

21 treat the latter application as replacing the previous

22 application.

23 (c) APPLICABILITY.—In accordance with section

24 201(b)(2) of the United States Housing Act of 1937, as

25 amended, the provisions of this section shall apply to pub-
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1 lic housing developed or oterated pursuant to a contract

2 between the Secretary of Housing and Urban Develop3 ment and an Indian housing authority.

4 SEC. 202. RENTAL ASSISTANCE UNDER SECTION 8

5 OF UNITED STATES HOUSING ACT OF 1937. (a) IN6 CREASE OF FAMILY RENTAL PAYMENT.—Notwithstand7 ing sections 3(a) and 8(o)(2) of the United States Housing

8 Act of 1937, as amended, effective for fiscal year 1996—

9 (1) public housing agencies shall increase to 32

10 percent the percentage of the family’s monthly ad11 justed income used in determining—

12 (A) the amount of monthly rent required

13 to be paid by each family who is assisted under

14 the certificate or moderate rehabilitation pro15 gram under section 8 of such Act; and

16 (B) the amount of the monthly assistance

17 payment for each family who is assisted under

18 the voucher program under section 8 of such

19 Act; and

20 (2) owners of housing assisted under other pro21 grams for rental assistance under section 8 of such

22 Act shall increase to 32 percent the percentage of a

23 family’s adjusted monthly income used in determin24 ing the rent required to be paid by each family as25 sisted under any such program.
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1 (b) MINIMUM RENTS.—Notwithstanding subsection

2 (a) of this section or sections 3(a) and 8(o)(2) of the Unit3 ed States Housing Act of 1937, as amended, effective for

4 fiscal year 1996 and no later than October 30, 1995—

5 (1) public housing agencies shall require each

6 family who is assisted under the certificate or mod7 erate rehabilitation program under section 8 of such

8 Act to pay for monthly rent an amount that is not

9 less than the sum of $50 for the unit;

10 (2) public housing agencies shall reduce the

11 monthly assistance payment on behalf of each family

12 who is assisted under the voucher program under

13 section 8 of such Act so that the family pays for

14 monthly rent an amount that is not less than the

15 sum of $50 for the unit; and

16 (3) owners of housing assisted under other pro17 grams for rental assistance under section 8 of such

18 Act shall require each family who is assisted under

19 such program to pay for monthly rent an amount

20 that is not less than the sum of $50 for the unit.

21 (c) FAIR MARKET RENTALS.—The Secretary shall

22 establish fair market rentals for purposes of section

23 8(c)(1) of the United States Housing Act of 1937, as

24 amended, that shall be effective for fiscal year 1996 and

25 shall be based on the 40th percentile rent of rental dis-
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1 tributions of standard quality rental housing units. In es2 tablishing such fair market rentals, the Secretary shall

3 consider only the rents for dwelling units occupied by re4 cent movers and may not consider the rents for public

5 housing dwelling units or newly constructed rental dwell6 ing units.

7 (d) ANNUAL ADJUSTMENTS.—Section 8(c)(2)(A) of

8 the United States Housing Act of 1937, as amended (42

9 U.S.C. q437f(c)(2)(A))!is further amended—

10 (1) in the third sentence by inserting ‘‘and fis11 cal year 1996’’ after ‘‘1995’’; and

12 (2) in the last sentence by inserting ‘‘and fiscal

13 year 1996’’ after ‘‘1995’’.

14 (e) ADMINISTRATIVE FEES.—Notwithstanding the

15 second sentence of section 8(q)(1) of the United States

16 Housing Act of 1937, as amended, for fiscal year 1996,

17 the portions of the fees for costs incurred by public hous18 ing agencies in administering the certificate, voucher, and

19 moderate rehabilitation programs under section 8 shall not

20 exceed 7.0 percent of the fair market rental estaflished

21 for a 2-bedroom existing rental dwelling unit in the market

22 area of the public housing agency.

23 (f) DELAY OF ISSUANCE AND REISSUANCE OF

24 VOUCHERS AND CERTIFICATES.—Notwithstanding any

25 other provision of law, a public housing agency administer-
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1 ing certificate or voucher assistance provided under sub2 section (b) or (o) of section 8 of the United States Hous3 ing Act of 1937, as amended, shall delay—

4 (1) until October 1, 1996, the initial issuance

5 of any such tenant-based assistance representing in6 cremental assistance allocated in fiscal year 1996;

7 and

8 (2) for 6 months, the use of any amounts of

9 such assistance (or the certificate or voucher rep10 resenting assistance amounts) made available by the

11 termination during fiscal year 1996 of such assist12 ance on behalf of any family for any reason, but not

13 later than October 1, 1996.

14 SEC. 203. PREFERENCES FOR HOUSING ASSIST15 ANCE. (a) PUBLIC HOUSING.—

16 (1) IN GENERAL.—During fiscal year 1996,

17 dwelling units in public housing that are available

18 for occupancy shall be made available—

19 (A) without regard to the requirements re20 garding preferences set forth in section

21 6(c)(4)(A) of the United States Housing Act of

22 1937, as amended; and

23 (B) subject to a system of preferences that

24 the public housing agency for the public hous25 ing may establish, which shall be based upon
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1 local housing needs and priorities, as deter2 mined by the agency.

3 (2) APPLICABILITY.—Paragraph (1)(B) shall

4 not apply to projects or portions of projects des5 ignated for occupancy pursuant to section 7(a) of

6 the United States Housing Act of 1937, as amend7 ed, for which the Secretary has determined that ap8 plication of such paragraph would result in excessive

9 delays in meeting the housing need of such families.

10 In accordance with section 201(b)(2) of the United

11 States Housing Act of 1937, as amended, the provi12 sions of this subsection shall apply to public housing

13 developed or operated pursuant to a contract be14 tween the Secretary of Housing and Urban Develop15 ment and an Indian housing authority.

16 (b) SECTION 8 ASSISTANCE.—During fiscal year

17 1996, the selection of families for assistance under section

18 8 of the United States Housing Act of 1937, as amend19 ed—

20 (1) shall not be subject to the requirements re21 garding preferences set forth in sections 8(d)(1)(A)

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

23 1937, as amended; and

24 (2) shall be subject to a system of preferences

25 that may be established by the public housing agen-
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1 cy administering such assistance, which shall be

2 based upon local housing needs and priorities, as de3 termined by the agency.

4 (c) CONFORMING PROVISIONS.—Each reference in

5 sections 6(o), 7(a)(2), 7(a)(3), 8(d)(2)(A), 8(d)(2)(H),

6 16(c), and 24(e)(2) of the United States Housing Act of

7 1937, as amended, sections 212(a)(3), 217(c)(2)(B),

8 225(d)(3), 455(a)(2)(D)(iii), 522(f)(6)(B), and

9 522(j)(2)(A) of the Cranston-Gonzalez National Afford10 able Housing Act, section 226(b)(6)(B) of the Low-In11 come Housing Preservation and Resident Homeownership

12 Act of 1990, section r03(g)(2) of the Housing and Com13 munity Development Amendments of 1978, and section

14 655 of the Housing and Community Development Act of

15 1992, to the preferences under section 6(c)(4)(A),

16 8(d)(1)(A), or 8(o)(3)(B) of the United States Housing

17 Act of 1937, as amended, shall be considered, during fiscal

18 year 1996, to refer to the applicable preferences estab19 lished (if any) under the subsections (a)(1)(B) and (b)(2).

20 (d) NEW CONSTRUCTION/SUBSTANTIAL REHABILITA21 TION HOUSING.—During fiscal year 1996, dwelling units

22 in housing constructed or substantially rehabilitated pur23 suant to assistance provided under section 8(b)(2) of the

24 United States Housing Act of 1937, as amended (as such

25 section existed before October 1, 1983) and projects fi-
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1 nanced under section 202 of the Housing Act of 1959 (as

2 such section existed before the enactment of the Cranston3 Gonzalez National Affordable Housing Act) shall be made

4 available for occupancy without regard to section 545(c)

5 of the Cranston-Gonzalez National Affordable Housing

6 Act and no other provision of law relating to Federal ten7 ant selection preferences shall apply to such housing.

8 (e) RENT SUPPLEMENTS.—During fiscal year 1996,

9 section 101(k) of the Housing and Urban Development

10 Act of 1965 shall not be effective.

11 SEC. 204. MERGER LANGUAGE FOR ASSISTANCE FOR

12 THE RENEWAL OF EXPIRING SECTION 8 OF SUBSIDY

13 CONTRACTS AND ANNUAL CONTRIBUTIONS FOR ASSISTED

14 HOUSING.—All remaining obligated and unobligated bal15 ances in the Renewal of Expiring Section 8 Subsidy Con16 tracts account on September 30, 1995, shall immediately

17 thereafter be transferred to and merged with the obligated

18 and unobligated balances, respectively, of the Annual Con19 tributions for Assisted Housing account.

20 SEC. 205. EXTENSION OF HOME EQUITY CONVER21 SION MORTGAGE PROGRAM.—Section 255(g) of the Na22 tional Housing Act (12 U.S.C. 1715z–20(g)) is amend23 ed—
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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 SEC. 206. DEBT FORGIVENESS.—(a) The Secretary

7 of Housing and Urban Development shall cancel the in8 debtedness of the Hubbard Hospital Authority of Hub9 bard, Texas, relating to the public facilities loan for

10 Project Number PFL–TEX–215, issued under title II of

11 the Housing Amendments of 1955. Such hospital author12 ity is relieved of all liability to the Government for the

13 outstanding principal balance on such loan, for the

14 amount of accrued interest on such loan, and for any fees

15 and charges payable in connection with such loan.

16 (b) The Secretary of Housing and Urban Develop17 ment shall cancel the indebtedness of the Groveton Texas

18 Hospital Authority relating to the public facilities loan for

19 Project Number TEX–41–PFL0162, issued under title II

20 of the Housing Amendments of 1955. Such hospital au21 thority is relieved of all liability to the Government for

22 the outstanding principal balance on such loan, for the

23 amount of accrued interest on such loan, and for any fees

24 and charges payable in connection with such loan.
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1 SEC. 207. DELAYING OUTLAYS FOR PUBLIC HOUS2 ING DEVELOPMENT.—During fiscal year 1996, a public

3 housing agency or Indian housing authority may slow the

4 rate at which it develops a project that the Secretary has

5 approved under 24 C.F.R. Part 941 in order to slow the

6 rate at which such agency or authority takes actions re7 sulting in outlays of amounts appropriated under the head

8 ‘‘Annual contributions for assisted housing’’ in this title

9 or any prior appropriation Act, and the Secretary may

10 allow such agency or authority to develop a project at such

11 a slow rate, notwithstanding 24 C.F.R. Sec. 941.405(d).

12 SEC. 208. ASSESSMENT COLLECTION DATES FOR

13 OFFICE OF FEDERAL HOUSING ENTERPRISE OVER14 SIGHT.—Section 1316(b) of the Housing and Community

15 Development Act of 1992 (12 U.S.C. 4516(b)) is amended

16 by striking paragraph (2) and inserting the following new

17 paragraph:

18 ‘‘(2) TIMING OF PAYMENT.—The annual assess19 ment shall be payable semiannually for each fiscal

20 year, on October 1st and April 1st.’’.

21 SEC. 209. SPENDING LIMITATIONS.—(a) None of the

22 funds provided in this Act may be used during fiscal year

23 1996 to sign, promulgate, implement, or enforce any re24 quirement or regulation relating to the application of the

25 Fair Housing Act (42 U.S.C. 3601, et seq.) to the busi-
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1 ness of property insurance, or for any activity pertaining

2 to property insurance.

3 (b) None of the funds appropriated by this Act may

4 be expended by the Department for the purpose of finaliz5 ing the Department’s proposed rule dated July 21, 1994

6 regarding amendments to Regulation X, the Real Estate

7 Settlement Procedures Regulation, or for the purpose of

8 developing or issuing any interpretive rule with respect to

9 any of the four issues denominated in the preamble to the

10 proposed rule.

11 (c) None of the funds provided in this Act may be

12 used in fiscal year 1996 for the remuneration of more than

13 seven Assistant Secretaries at the Department of Housing

14 and Urban Development, notwithstanding section 4(a) of

15 the Department of Housing and Urban Development Act.

16 (d) None of the funds provided in this Act may be

17 used in fiscal year 1996 for the remuneration of more than

18 94 schedule C and non-career senior executive service em19 ployees at the Department of Housing and Urban Devel20 opment.

21 (e) None of the funds made available in this Act may

22 be used by the Secretary to take, impose, or enforce, or

23 to investigate taking, imposing, or enforcing any action,

24 sanction, or penalty against any State or unit of general

25 local government (or any entity or agency thereof) because
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1 of the enactment, enforcement, or effectiveness of any

2 State or local law or regulation requiring the spoken or

3 written use of the English language or declaring English

4 as the official language.

5 (f) No part of any appropriation contained in this Act

6 shall be used for publicity or propaganda purposes not au7 thorized by the Congress.

8 SEC. 210. CLARIFICATIONS.—For purposes of Fed9 eral law, the Paul Mirabile Center in San Diego, Califor10 nia, including areas within such Center that are devoted

11 to the delivery of supportive services, has been determined

12 to satisfy the ‘‘continuum of care’’ requirements of the De13 partment of Housing and Urban Development, and shall

14 be treated as:

15 (a) consisting solely of residential units that (i)

16 contain sleeping accommodations and kitchen and

17 bathroom facilities, (ii) are located in a building that

18 is used exclusively to facilitate the transition of

19 homeless individuals (within the meaning of section

20 103 of the Stewart B. McKinney Homeless Assist21 ance Act (42 U.W.C. 11302)) to independent living

22 within 24 months, (iii) are suitable for occutancy,

23 with each cubicle constituting a separate bedroom

24 and residential unit, (iv) are used on other than a
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1 transient basis, and (v) shall be originally placed in

2 service on August 1, 1995; and

3 (b) property that is entirely residential rental

4 property, namely, a project for residential rental

5 property.

6 SEC. 211. EXTENSION OF MULTIFAMILY HOUSING

7 FINANCE PROGRAMS.—(a) Section 542(b)(5) of the Hous8 ing and Community Development Act of 1992 (12 U.S.C.

9 1707 note) is amended by striking ‘‘on not more than

10 15,000 units over fiscal years 1993 and 1994’’ and insert11 ing ‘‘on not more than 7,500 units during fiscal year

12 1996’’.

13 (b) Section 542(c)(4) of the Housing and Community

14 Development Act of 1992 (12 U.S.C. 1707 note) is

15 amended by striking ‘‘on not to exceed 30,000 units over

16 fiscal years 1993, 1994, and 1995’’ and inserting ‘‘on not

17 more than 10,000 units during fiscal year 1996’’.

18 SEC. 212. DOCUMENTATION OF MULTIFAMILY

19 REFINANCINGS.—Notwithstanding the 16th paragraph

20 under the item relating to ‘‘ADMINISTRATIVE PROVI21 SIONS’’ in title II of the Departments of Veterans Affairs

22 and Housing and Urban Development, and Independent

23 Agencies Appropriations Act, 1995 (Public Law 103–327;

24 108 Stat. 2316), the amendments to section 223(a)(7) of

25 the National Housing Act made by the 15th paragraph
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1 of such Act shall be effective during fiscal years 1996 and

2 thereafter.

3 SEC. 201. EXTEND ADMINISTRATIVE PROVISIONS FROM

4 THE RESCISSION ACT.

5 (a) PUBLIC AND INDIAN HOUSING MODERNIZATION.—

6 (1) EXPANSION OF USE OF MODERNIZATION

7 FUNDING.—Subsection 14(q) of the United States

8 Housing Act of 1937 is amended to read as follows:

9 ‘‘(q)(1) In addition to the purposes enumerated in sec10 tions 14(a), 14(b), and 5(a), a public housing agency may

11 use modernization assistance provided under section 14,

12 and development assistance provided under section 5(a), for

13 any eligible activity authorized by either of those sections

14 or by applicable Appropriations Acts, including the demoli15 tion, rehabilitation, revitalization, and replacement of ex16 isting units and projects and, for up to 10 percent of its

17 allocation of such funds in any fiscal year, for any operat18 ing subsidy purpose authorized in section 9. Units and

19 projects assisted hereunder shall be for low-income families

20 and shall be eligible for operating subsidies subject to the

21 availability of appropriated funds.

22 ‘‘(2) A public housing agency may provide assistance

23 to developments that include units for other than low-in24 come families, hereinafter called ‘‘mixed income develop25 ments’’, in the form of a grant, loan, or other form of invest-
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1 ment which may be made to: (A) the public housing agency

2 or an affiliate controlled by it; (B) a partnership, a limited

3 liability company, or other legal entity in which the public

4 housing agency or its affiliate is a general partner, manag5 ing member, or otherwise significantly directs the activities

6 of such entity; or (C) any entity which grants to the public

7 housing agency the option to purchase the development

8 within 20 years after initial occupancy in accordance with

9 section 42(l)(7) of the Internal Revenue Code of 1986, as

10 amended: Provided, That units shall be made available in

11 such developments for periods of not less than 20 years, by

12 master contract or by individual lease, for occupancy by

13 low-income families referred from time to time by the public

14 housing agency; the number of such units shall be either:

15 (i) in the same proportion to the total number of units in

16 such development that the financial assistance provided by

17 the public housing agency bears to the total equity invest18 ment in the development, or (ii) not be less than the number

19 of units that could have been developed under the conven20 tional public housing program with the assistance involved,

21 or (iii) as may otherwise be approved by the Secretary.

22 ‘‘(3) A mixed income development may elect to have

23 all units subject only to the applicable local real estate

24 taxes, notwithstanding that the low-income units assisted
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1 by public housing funds would otherwise be subject to sec2 tion 6(d) of the Housing Act of 1937.’’.

3 (2) EXTENSION OF AUTHORITY.—Section 1001(b)

4 of the Emergency Supplemental Appropriations for

5 Additional Disaster Assistance, for Antiterrorism Ini6 tiatives, for Assistance in the Recovery from the Trag7 edy that Occurred at Oklahoma City, and Rescissions

8 Act, 1995 (109 Stat. 235), is amended to read as fol9 lows:

10 ‘‘(b) APPLICABILITY.—Section 14(q) of the United

11 States Housing Act of 1937, as added by subsection (a) of

12 this section, shall be effective only with respect to assistance

13 provided from funds made available for fiscal year 1996

14 or any preceding fiscal year.’’.

15 (3) APPLICABILITY.—In accordance with section

16 201(b)(2) of the United States Housing Act of 1937,

17 the amendment made by subsection (a) shall apply to

18 public housing developed or operated pursuant to a

19 contract between the Secretary of Housing and Urban

20 Development and an Indian housing authority.’’.

21 (b) ONE-FOR-ONE REPLACEMENT OF PUBLIC AND IN22 DIAN HOUSING.—

23 (1) PERMANENT AUTHORITY.—Section 1002(d)

24 of Public Law 104–19 is amended to read as follows:
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1 ‘‘(d) Subsections (a), (b), and (c) shall be effective for

2 applications for the demolition, disposition, or conversion

3 to homeownership of public housing approved by the Sec4 retary, and other consolidation and relocation activities of

5 public housing agencies undertaken on, before, or after Sep6 tember 30, 1995 and before September 30, 1996.’’.

7 (2) Section 18(f) of the United States Housing

8 Act of 1937 is amended by adding at the end the fol9 lowing new sentence: ‘‘No one may rely on the preced10 ing sentence as the basis for reconsidering a final

11 order of a court issued, or a settlement approved by,

12 a court.’’.

13 (3) APPLICABILITY.—In accordance with section

14 201(b)(2) of the United States Housing Act of 1937,

15 the amendments made by this section and by sections

16 1002 (a), (b), and (c) of Public Law 104–19 shall

17 apply to public housing developed or operated pursu18 ant to a contract between the Secretary of Housing

19 and Urban Development and an Indian housing au20 thority.

21 SEC. 202. PUBLIC HOUSING RENTS AND INCOME

22 TARGETING.

23 (a) MINIMUM RENTS.—Section 3(a)(1) of the United

24 States Housing Act of 1937 is amended by inserting at the

25 end the following new sentence: ‘‘Where the rent determined
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1 under the previous sentence is less than $25, the Secretary

2 shall permit a public housing agency to charge a family

3 residing in public housing up to $25 as rent.’’.

4 (b) ESTABLISHMENT OF CEILING RENTS.—Section

5 3(a)(2) of the United States Housing Act of 1937 is amend6 ed to read as follows:

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

8 housing agency may—

9 ‘‘(A) adopt ceiling rents that reflect the rea10 sonable market value of the housing, but that are

11 not less than the monthly costs—

12 ‘‘(i) to operate the housing of the agen13 cy; and

14 ‘‘(ii) to make a deposit to a replace15 ment reserve (in the sole discretion of the

16 public housing agency); and

17 ‘‘(B) allow families to pay ceiling rents re18 ferred to in subparagraph (A), unless, with re19 spect to any family, the ceiling rent established

20 under this paragraph would exceed the amount

21 payable as rent by that family under paragraph

22 (1).’’.

23 (c) DEFINITION OF ADJUSTED INCOME.—Section

24 3(b)(5) of the United States Housing Act of 1937 is amend25 ed—
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1 (1) at the end of subparagraph (F), by striking

2 ‘‘and’’;

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

4 the period and inserting ‘‘; and ’’; and

5 (3) by inserting after subparagraph (G) the fol6 lowing:

7 ‘‘(H) for public housing, any other adjust8 ments to earned income established by the public

9 housing agency.

10 If a public housing agency adopts other adjustments

11 to income pursuant to subparagraph (H), the Sec12 retary (i) shall not take into account any reduction

13 of or increase in the public housing agency’s per unit

14 dwelling rental income resulting from those adjust15 ments when calculating the contributions under sec16 tion 9 for the public housing agency for the operation

17 of the public housing.’’.

18 (d) REPEAL OF FEDERAL PREFERENCES.—

19 (1) PUBLIC HOUSING.—

20 Section 6(c)(4)(A) of the United States

21 Housing Act of 1937 (42 U.S.C. 1437d(c)(4)(A))

22 is amended to read as follows:

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

24 and an opportunity for public comment, of writ25 ten system of preferences for admission to public
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1 housing, if any, that is not inconsistent with the

2 comprehensive housing affordability strategy

3 under title I of the Cranston-Gonzalez National

4 Affordable Housing Act;’’.

5 (2) SECTION 8 EXISTING AND MODERATE REHA6 BILITATION.—Section 8(d)(1)(A) of the United States

7 Housing Act of 1937 (42 U.S.C. 1437f(d)(1)(A)) is

8 amended to read as follows:

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

10 function of the owner, subject to the provisions of

11 the annual contributions contract between the

12 Secretary and the agency, except that for the cer13 tificate and moderate rehabilitation programs

14 only, for the purpose of selecting families to be

15 assisted, the public housing agency may estab16 lish, after public notice and an opportunity for

17 public comment, a written system of preferences

18 for selection that is not inconsistent with the

19 comprehensive housing affordability strategy

20 under title I of the Cranston-Gonzalez National

21 Affordable Housing Act;’’.

22 (3) SECTION 8 VOUCHER PROGRAM.—Section

23 8(o)(3)(B) of the United States Housing Act of 1937

24 (42 U.S.C. 1437f(o)(3)(B)) is amended to read as fol25 lows:
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1 ‘‘(B) For the purpose of selecting families to

2 be assisted under this subsection, the public hous3 ing agency may establish, after public notice and

4 an opportunity for public comment, a written

5 system of preferences for selection that is not in6 consistent with the comprehensive housing af7 fordability strategy under title I of the Cranston8 Gonzalez National Affordable Housing Act.’’.

9 (4) SECTION 8 NEW CONSTRUCTION AND SUB10 STANTIAL REHABILITATION.—

11 (A) REPEAL.—Section 545(c) of the Cran12 ston-Gonzalez National Affordable Housing Act

13 (42 U.S.C. 1437f note) is amended to read as fol14 lows:

15 ‘‘(c) [Reserved.]’’.

16 (B) PROHIBITION.—Notwithstanding any

17 other provision of law, no Federal tenant selec18 tion preferences shall apply with respect to—

19 (i) housing constructed or substantially

20 rehabilitated pursuant to assistance pro21 vided under section 8(b)(2) of the United

22 States Housing Act of 1937 (as such section

23 existed on the day before October 1, 1983);

24 or
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1 (ii) projects financed under section 202

2 of the Housing Act of 1959 (as such section

3 existed on the day before the date of enact4 ment of the Cranston-Gonzalez National Af5 fordable Housing Act).

6 (5) RENT SUPPLEMENTS.—Section 101(k) of the

7 Housing and Urban Development Act of 1965 (12

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

9 ‘‘(k) [Reserved.]’’.

10 (6) CONFORMING AMENDMENTS.—

11 (A) UNITED STATES HOUSING ACT OF

12 1937.—The United States Housing Act of 1937

13 (42 U.S.C. 1437 et seq.) is amended—

14 (i) in section 6(o), by striking ‘‘pref15 erence rules specified in’’ and inserting

16 ‘‘written system of prefenences for selection

17 established pursuant to’’;

18 (ii) in section 7(a)(2), by striking ‘‘ac19 cording to the preferences for occupancy

20 under’’ and inserting ‘‘in accordance with

21 the written system of preferences for selec22 tion established pursuant to’’;

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

24 the last sentence;
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1 (iv) in section 8(d)(2)(H), by striking

2 ‘‘notwithstanding subsection (d)(1)(A)(i),

3 an’’ and inserting ‘‘An’’;

4 (v) in section 16(c), in the second sen5 tence, by striking ‘‘the system of preferences

6 established by the agency pursuant to sec7 tion 6(c)(4)(A)(ii)’’ and inserting ‘‘the writ8 ten system of preferences for selection estab9 lished by the public housing agency pursu10 ant to section 6(c)(4)(A)’’; and

11 (vi) in section 24(e)—

12 (I) by striking ‘‘(e) EXCEPTIONS.’’

13 and all that follows through ‘‘The Sec14 retary may’’ and inserting the follow15 ing:

16 ‘‘(e) EXCEPTION TO GENERAL PROGRAM REQUIRE17 MENTS.—The Secretary may’’; and

18 (II) by striking paragraph (2).

19 (B) CRANSTON-GONZALEZ NATIONAL AF20 FORDABLE HOUSING ACT.—Section 522(f)(b)(B)

21 of the Cranston-Gonzalez National Affordable

22 Housing Act (42 U.S.C. 12704 et seq.) is amend23 ed by striking ‘‘any preferences for such assist24 ance under section 8(d)(1)(A)(i)’’ and inserting
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1 ‘‘written system of preferences for selection estab2 lished pursuant to section 8(d)(1)(A)’’.

3 (C) HOUSING AND COMMUNITY DEVELOP4 MENT ACT OF 1992.—Section 655 of the Housing

5 and Community Development Act of 1992 (42

6 U.S.C. 13615) is amended by striking ‘‘the pref7 erences’’ and all that follows through the period

8 at the end and inserting ‘‘any preferences’’.

9 (D) REFERENCES IN OTHER LAW.—Any ref10 erence in any Federal law other than any provi11 sion of any law amended by paragraphs (1)

12 through (5) of this subsection to the preferences

13 for assistance under section 6(c)(4)(A)(i),

14 8(d)(1)(A)(i), or 8(o)(3)(B) of the United States

15 Housing Act of 1937 (as such sections existed on

16 the day before the date of enactment of this Act)

17 shall be considered to refer to the written system

18 of preferences for selection established pursuant

19 to section 6(c)(4)(A), 8(d)(1)(A), or 8(o)(3)(B),

20 respectively, of the United States Housing Act of

21 1937, as amended by this section.

22 (e) APPLICABILITY.—In accordance with section

23 201(b)(2) of the United States Housing Act of 1937, the

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

25 this section shall also apply to public housing developed or
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1 operated pursuant to a contract between the Secretary of

2 Housing and Urban Development and an Indian housing

3 authority.

4 SEC. 203. CONVERSION OF CERTAIN PUBLIC HOUSING TO

5 VOUCHERS.

6 (a) IDENTIFICATION OF UNITS.—

7 (1) Each public housing agency shall identify

8 any public housing developments—

9 (A) that are on the same or contiguous sites;

10 (B) that total more than—

11 (i) 600 dwelling units; or

12 (ii) in the case of high-rise family

13 buildings or substantially vacant buildings,

14 300 dwelling units;

15 (C) that have a vacancy rate of at least 10

16 percent for dwelling units not in funded on17 schedule modernization programs;

18 (D) identified as distressed housing that the

19 public housing agency cannot assure the long20 term viability as public housing through revital21 ization, density reduction, or achievement of a

22 broader range of household income; and

23 (E) for which the estimated cost of contin24 ued operation and modernization of the develop25 ments as public housing exceeds the cost of pro-
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1 viding tenant-based assistance under section 8 of

2 the United States Housing Act of 1937 for all

3 families in occupancy, based on appropriate in4 dicators of cost (such as the percentage of total

5 development cost required for modernization).

6 (b) IMPLEMENTATION AND ENFORCEMENT.—

7 (1) STANDARDS FOR IMPLEMENTATION.—The

8 Secretary shall establish standards to permit imple9 mentation of this section in fiscal year 1996.

10 (2) CONSULTATION.—Each public housing agen11 cy shall consult with the applicable public housing

12 tenants and the unit of general local government in

13 identifying any public housing developments under

14 subsection (a).

15 (3) FAILURE OF PHAS TO COMPLY WITH SUB16 SECTION (a).—Where the Secretary determines that—

17 (A) a public housing agency has failed

18 under subsection (a) to identify public housing

19 developments for removal from the inventory of

20 the agency in a timely manner;

21 (B) a public housing agency has failed to

22 identify one or more public housing develop23 ments which the Secretary determines should

24 have been identified under subsection (a); or
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1 (C) one or more of the developments identi2 fied by the public housing agency pursuant to

3 subsection (a) should not, in the determination of

4 the Secretary, have been identified under that

5 subsection;

6 the Secretary may designate the developments to be

7 removed from the inventory of the public housing

8 agency pursuant to this section.

9 (c) REMOVAL OF UNITS FROM THE INVENTORIES OF

10 PUBLIC HOUSING AGENCIES.—

11 (1) Each public housing agency shall develop

12 and carry out a plan in conjunction with the Sec13 retary for the removal of public housing units identi14 fied under subsection (a) or subsection (b)(3), over a

15 period of up to five years, from the inventory of the

16 public housing agency and the annual contributions

17 contract. The plan shall be approved by the relevant

18 local official as consistent with the Comprehensive

19 Housing Affordability Strategy under title I of the

20 Housing and Community Development Act of 1992,

21 including a description of any disposition and demo22 lition plan for the public housing units.

23 (2) The Secretary may extend the deadline in

24 paragraph (1) for up to an additional five years
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1 where the Secretary makes a determination that the

2 deadline is impracticable.

3 (3) The Secretary shall take appropriate actions

4 to ensure removal of developments identified under

5 subsection (a) from the inventory of a public housing

6 agency, if the public housing agency fails to ade7 quately develop a plan under paragraph (1), or fails

8 to adequately implement such plan in accordance

9 with the terms of the plan.

10 (4) To the extent approved in appropriations,

11 the Secretary may establish requirements and provide

12 funding under the Urban Revitalization Demonstra13 tion program for demolition and disposition of public

14 housing under this section.

15 (5) Notwithstanding any other provision of law,

16 if a development is removed from the inventory of a

17 public housing agency and the annual contributions

18 contract pursuant to paragraph (1), the Secretary

19 may authorize or direct the transfer of—

20 (A) in the case of an agency receiving as21 sistance under the comprehensive improvement

22 assistance program, any amounts obligated by

23 the Secretary for the modernization of such de24 velopment pursuant to section 14 of the United

25 States Housing Act of 1937;
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1 (B) in the case of an agency receiving pub2 lic and Indian housing modernization assistance

3 by formula pursuant to section 14 of the United

4 States Housing Act of 1937, any amounts pro5 vided to the agency which are attributable pur6 suant to the formula for allocating such assist7 ance to the development removed from the inven8 tory of that agency; and

9 (C) in the case of an agency receiving as10 sistance for the major reconstruction of obsolete

11 projects, any amounts obligated by the Secretary

12 for the major reconstruction of the development

13 pursuant to section 5 of such Act,

14 to the tenant-based assistance program of such

15 agency.

16 (d) CONVERSION TO TENANT-BASED ASSISTANCE.—

17 (1) The Secretary shall make authority available

18 to a public housing agency to provide tenant-based

19 assistance pursuant to section 8 to families residing

20 in any development that is removed from the inven21 tory of the public housing agency and the annual con22 tributions contract pursuant to subsection (b).

23 (2) Each conversion plan under subsection (c)

24 shall—
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1 (A) require the agency to notify families re2 siding in the development, consistent with any

3 guidelines issued by the Secretary governing such

4 notifications, that the development shall be re5 moved from the inventory of the public housing

6 agency and the families shall receive tenant7 based or project-based assistance, and to provide

8 any necessary counseling for families; and

9 (B) ensure that all tenants affected by a de10 termination under this section that a develop11 ment shall be removed from the inventory of a

12 public housing agency shall be offered tenant13 based or project-based assistance and shall be re14 located, as necessary, to other decent, safe, sani15 tary, and affordable housing which is, to the

16 maximum extent practicable, housing of their

17 choice.

18 (e) IN GENERAL.—

19 (1) The Secretary may require a public housing

20 agency to provide such information as the Secretary

21 considers necessary for the administration of this sec22 tion.

23 (2) As used in this section, the term ‘‘develop24 ment’’ shall refer to a project or projects, or to por25 tions of a project or projects, as appropriate.
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1 (3) Section 18 of the United States Housing Act

2 of 1937 shall not apply to the demolition of develop3 ments removed from the inventory of the public hous4 ing agency under this section.

5 SEC. 204. STREAMLINING SECTION 8 TENANT-BASED AS6 SISTANCE.

7 (a) ‘‘TAKE-ONE, TAKE-ALL’’.—Section 8(t) of the

8 United States Housing Act of 1937 is hereby repealed.

9 (b) EXEMPTION FROM NOTICE REQUIREMENTS FOR

10 THE CERTIFICATE AND VOUCHER PROGRAMS.—Section

11 8(c) of such Act is amended—

12 (1) in paragraph (8), by inserting after ‘‘sec13 tion’’ the following: ‘‘(other than a contract for assist14 ance under the certificate or voucher program)’’; and

15 (2) in the first sentence of paragraph (9), by

16 striking ‘‘(but not less than 90 days in the case of

17 housing certificates or vouchers under subsection (b)

18 or (o))’’ and inserting ’’, other than a contract under

19 the certificate or voucher program’’.

20 (c) ENDLESS LEASE.—Section 8(d)(1)(B) of such Act

21 is amended—

22 (1) in clause (ii), by inserting ‘‘during the term

23 of the lease,’’ after ‘‘(ii)’’; and

24 (2) in clause (iii), by striking ‘‘provide that’’

25 and inserting ‘‘during the term of the lease,’’.
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1 SEC. 205. (a) FAIR MARKET RENTALS.—The Sec2 retary shall establish fair market rentals for purposes of sec3 tion 8(c)(1) of the United States Housing Act of 1937, as

4 amended, that shall be effective for fiscal year 1996 and

5 shall be based on the 40th percentile rent of rental distribu6 tions of standard quality rental housing units. In establish7 ing such fair market rentals, the Secretary shall consider

8 only the rents for dwelling units occupied by recent movers

9 and may not consider the rents for public housing dwelling

10 units or newly constructed rental dwelling units.

11 (b) ANNUAL ADJUSTMENTS.—Section 8(c)(2)(A) of the

12 United States Housing Act of 1937, as amended (42 U.S.C.

13 1437f(c)(2)(A)) is further amended—

14 (1) in the third sentence by inserting ‘‘and fiscal

15 year 1996’’ after ‘‘1995’’;

16 (2) in the fourth sentence, strike ‘‘For’’ and in17 sert: ‘‘Except for assistance under the certificate pro18 gram, for’’;

19 (3) after the fourth sentence, insert:

20 ‘‘In the case of assistance under the certificate pro21 gram, 0.01 shall be subtracted from the amount of the

22 annual adjustment factor (except that the factor shall

23 not be reduced to less than 1.0), and the adjusted rent

24 shall not exceed the rent for a comparable unassisted
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1 unit of similar quality, type, and age in the same

2 market area.’’; and

3 (4) in the last sentence, by

4 (A) striking ‘‘sentence’’ and inserting ‘‘two

5 sentences’’ and

6 (B) inserting ‘‘and fiscal year 1996’’ after

7 ‘‘1995’’.

8 (c) ADMINISTRATIVE FEES.—Notwithstanding the sec9 ond sentence of section 8(q)(1) of the United States Housing

10 Act of 1937, as amended, for fiscal year 1996, the portions

11 of the fees for costs incurred by public housing agencies in

12 administering the certificate, voucher, and moderate reha13 bilitation programs under section 8 shall not exceed 7.0 per14 cent of the fair market rental established for a 2-bedroom

15 existing rental dwelling unit in the market area of the pub16 lic housing agency.

17 (d) DELAY REISSUANCE OF VOUCHERS AND CERTIFI18 CATES.—Notwithstanding any other provision of law, a

19 public housing agency administering certificate or voucher

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

21 8 of the United States Housing Act of 1937, as amended,

22 shall delay for 6 months, the use of any amounts of such

23 assistance (or the certificate or voucher representing assist24 ance amounts) made available by the termination during

25 fiscal year 1996 of such assistance on behalf of any family
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1 for any reason, but not later than October 1, 1996; with

2 the exception of any certificates assigned or committed to

3 project based assistance as permitted otherwise by the Act,

4 accomplished prior to the effective date of this Act.

5 SEC. 206. PUBLIC HOUSING/SECTION 8 MOVING TO WORK

6 DEMONSTRATION.

7 (a) PURPOSE.—The purpose of this demonstration is

8 to give public housing agencies and the Secretary of Hous9 ing and Urban Development the flexibility to design and

10 test various approaches for providing and administering

11 housing assistance that: reduce cost and achieve greater cost

12 effectiveness in Federal expenditures; give incentives to fam13 ilies with children where the head of household is working,

14 seeking work, or is preparing for work by participating in

15 job training, educational programs, or programs that assist

16 people to obtain employment and become economically self17 sufficient; and increase housing choices for lower-income

18 families.

19 (b) PROGRAM AUTHORITY.—The Secretary of Housing

20 and Urban Development shall conduct a demonstration pro21 gram under this section beginning in fiscal year 1996 under

22 which up to 30 public housing agencies (including Indian

23 housing authorities) administering the public or Indian

24 housing program and the section 8 housing assistance pay25 ments program may be selected by the Secretary to partici-
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1 pate. The Secretary shall provide training and technical as2 sistance during the demonstration and conduct detailed

3 evaluations of up to 15 such agencies in an effort to identify

4 replicable program models promoting the purpose of the

5 demonstration. Under the demonstration, notwithstanding

6 any provision of the United States Housing Act of 1937

7 except as provided in subsection (e), an agency may com8 bine operating assistance provided under section 9 of the

9 United States Housing Act of 1937, modernization assist10 ance provided under section 14 of such Act, and assistance

11 provided under section 8 of such Act for the certificate and

12 voucher programs, to provide housing assistance for low13 income families, as defined in section 3(b)(2) of the United

14 States Housing Act of 1937, and services to facilitate the

15 transition to work on such terms and conditions as the

16 agency may propose and the Secretary may approve.

17 (c) APPLICATION.—An application to participate in

18 the demonstration—

19 (1) shall request authority to combine assistance

20 under sections 8, 9, and 14 of the United States

21 Housing Act of 1937;

22 (2) shall be submitted only after the public hous23 ing agency provides for citizen participation through

24 a public hearing and, if appropriate, other means;
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1 (3) shall include a plan developed by the agency

2 that takes into account comments from the public

3 hearing and any other public comments on the pro4 posed program, and comments from current and pro5 spective residents who would be affected, and that in6 cludes criteria for—

7 (A) selecting families to be assisted, which

8 shall require that at least 75 percent of the fami9 lies selected to participate in the demonstration

10 shall be very low-income families, as defined in

11 section 3(b)(2) of the United States Housing Act

12 of 1937, and at least 50 percent of the families

13 selected shall have incomes that do not exceed 30

14 percent of the median family income for the

15 area, as determined by the Secretary with ad16 justments for smaller and larger families, except

17 that the Secretary may establish income ceilings

18 higher or lower than 30 percent of the median

19 for the area on the basis of the Secretary’s find20 ings that such variations are necessary because

21 of unusually high or low family income;

22 (B) setting reasonable rents payable by fam23 ilies, which shall be designed to encourage em24 ployment and self-sufficiency by participating

25 families, consistent with the purpose of this dem-
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1 onstration, such as by excluding some or all of

2 a family’s earned income for purposes of deter3 mining rent;

4 (C) continuing to assist substantially the

5 same total number of eligible low-income families

6 as would have been served had the amounts not

7 been combined;

8 (D) maintaining a comparable mix of fami9 lies (by family size) as would have been provided

10 had the amounts not been used under the dem11 onstration;

12 (E) assuring that housing assisted under

13 the demonstration program meets housing qual14 ity standards established or approved by the Sec15 retary; and

16 (F) other program design features required

17 by the Secretary; and

18 (4) may request assistance for training and tech19 nical assistance to assist with design of the dem20 onstration and to participate in a detailed evalua21 tion.

22 (d) SELECTION.—In selecting among applications, the

23 Secretary shall take into account the potential of each agen24 cy to plan and carry out a program under the demonstra25 tion, the relative performance by an agency under the pub-
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1 lic housing management assessment program under section

2 6(j) of the United States Housing Act of 1937, and other

3 appropriate factors as determined by the Secretary.

4 (e) APPLICABILITY OF 1937 ACT PROVISIONS.—

5 (1) Section 18 of the United States Housing Act

6 of 1937 shall continue to apply to public housing not7 withstanding any use of the housing under this dem8 onstration.

9 (2) Section 12 of such Act shall apply to housing

10 assisted under the demonstration, other than housing

11 occupied by families receiving tenant-based assist12 ance.

13 (f) EFFECT ON SECTION 8, OPERATING SUBSIDIES,

14 AND COMPREHENSIVE GRANT PROGRAM ALLOCATIONS.—

15 The amount of assistance received under section 8, section

16 9, or pursuant to section 14 by a public housing agency

17 participating in the demonstration under this part shall

18 not be affected by its participation.

19 (g) RECORDS, REPORTS, AND AUDITS.—

20 (1) KEEPING OF RECORDS.—Each agency shall

21 keep such records as the Secretary may prescribe as

22 reasonably necessary to disclose the amounts and the

23 disposition of amounts under this demonstration, to

24 ensure compliance with the requirements of this sec25 tion, and to measure performance.
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1 (2) REPORTS.—Each agency shall submit to the

2 Secretary a report, or series of reports, in a form and

3 at a time specified by the Secretary. Each report

4 shall—

5 (A) document the use of funds made avail6 able under this section;

7 (B) provide such data as the Secretary may

8 request to assist the Secretary in assessing the

9 demonstration; and

10 (C) describe and analyze the effect of as11 sisted activities in addressing the objectives of

12 this part.

13 (3) ACCESS TO DOCUMENTS BY THE SEC14 RETARY.—The Secretary shall have access for the pur15 pose of audit and examination to any books, docu16 ments, papers, and records that are pertinent to as17 sistance in connection with, and the requirements of,

18 this section.

19 (4) ACCESS TO DOCUMENTS BY THE COMPTROL20 LER GENERAL.—The Comptroller General of the Unit21 ed States, or any of the duly authorized representa22 tives of the Comptroller General, shall have access for

23 the purpose of audit and examination to any books,

24 documents, papers, and records that are pertinent to
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1 assistance in connection with, and the requirements

2 of, this section.

3 (h) EVALUATION AND REPORT.—

4 (1) CONSULTATION WITH PHA AND FAMILY REP5 RESENTATIVES.—In making assessments throughout

6 the demonstration, the Secretary shall consult with

7 representatives of public housing agencies and resi8 dents.

9 (2) REPORT TO CONGRESS.—Not later than 180

10 days after the end of the third year of the demonstra11 tion, the Secretary shall submit to the Congress a re12 port evaluating the programs carried out under the

13 demonstration. The report shall also include findings

14 and recommendations for any appropriate legislative

15 action.

16 (i) FUNDING FOR TECHNICAL ASSISTANCE AND EVAL17 UATION.—From amounts appropriated for assistance under

18 section 14 of the United States Housing Act of 1937 for

19 fiscal years 1996, 1997, and 1998, the Secretary may use

20 up to a total of $5,000,000—

21 (1) to provide, directly or by contract, training

22 and technical assistance—

23 (A) to public housing agencies that express

24 an interest to apply for training and technical

25 assistance pursuant to subsection (c)(4), to assist
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1 them in designing programs to be proposed for

2 the demonstration; and

3 (B) to up to 10 agencies selected to receive

4 training and technical assistance pursuant to

5 subsection (c)(4), to assist them in implementing

6 the approved program; and

7 (2) to conduct detailed evaluations of the activi8 ties of the public housing agencies under paragraph

9 (1)(B), directly or by contract.

10 SEC. 207. REPEAL OF PROVISIONS REGARDING INCOME DIS11 REGARDS.

12 (a) MAXIMUM ANNUAL LIMITATION ON RENT IN13 CREASES RESULTING FROM EMPLOYMENT.—Section 957 of

14 the Cranston-Gonzalez National Affordable Housing Act is

15 hereby repealed, retroactive to November 28, 1990, and shall

16 be of no effect.

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

18 Housing and Community Development Act of 1992 is here19 by repealed, retroactive to October 28, 1992, and shall be

20 of no effect.

21 SEC. 208. EXTENSION OF MULTIFAMILY HOUSING FINANCE

22 PROGRAMS.

23 (a) The first sentence of section 542(b)(5) of the Hous24 ing and Community Development Act of 1992 (12 U.S.C.

25 1707 note) is amended by striking ‘‘on not more than
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1 15,000 units over fiscal years 1993 and 1994’’ and inserting

2 ‘‘on not more than 7,500 units during fiscal year 1996’’.

3 (b) The first sentence of section 542(c)(4) of the Hous4 ing and Community Development Act of 1992 (12 U.S.C.

5 1707 note) is amended by striking ‘‘on not to exceed 30,000

6 units over fiscal years 1993, 1994, and 1995’’ and inserting

7 ‘‘on not more than 10,000 units during fiscal year 1996’’.

8 SEC. 209. FORECLOSURE OF HUD-HELD MORTGAGES

9 THROUGH THIRD PARTIES.

10 During fiscal year 1996, the Secretary of Housing and

11 Urban Development may delegate to one or more entities

12 the authority to carry out some or all of the functions and

13 responsibilities of the Secretary in connection with the fore14 closure of mortgages held by the Secretary under the Na15 tional Housing Act.

16 SEC. 210. RESTRUCTURING OF THE HUD MULTIFAMILY

17 MORTGAGE PORTFOLIO THROUGH STATE

18 HOUSING FINANCE AGENCIES.

19 During fiscal year 1996, the Secretary of Housing and

20 Urban Development may sell or otherwise transfer multi21 family mortgages held by the Secretary under the National

22 Housing Act to a State housing finance agency in connec23 tion with a program authorized under section 542 (b) or

24 (c) of the Housing and Community Development Act of
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1 1992 without regard to the unit limitations in section

2 542(b)(5) or 542(c)(4) of such Act.

3 SEC. 211. TRANSFER OF SECTION 8 AUTHORITY.

4 (a) Section 8 of the United States Housing Act of 1937

5 is amended by adding the following new subsection at the

6 end:

7 ‘‘(bb) TRANSFER OF BUDGET AUTHORITY.—If an as8 sistance contract under this section, other than a contract

9 for tenant-based assistance, is terminated or is not renewed,

10 or if the contract expires, the Secretary shall, in order to

11 provide continued assistance to eligible families, including

12 eligible families receiving the benefit of the project-based as13 sistance at the time of the termination, transfer any budget

14 authority remaining in the contract to another contract.

15 The transfer shall be under such terms as the Secretary may

16 prescribe.’’.

17 SEC. 212. DOCUMENTATION OF MULTIFAMILY

18 REFINANCINGS.

19 Notwithstanding the 16th paragraph under the item

20 relating to ‘‘ADMINISTRATIVE PROVISIONS’’ in title II of the

21 Departments of Veterans Affairs and Housing and Urban

22 Development, and Independent Agencies Appropriations

23 Act, 1995 (Public Law 103–327; 108 Stat. 2316), the

24 amendments to section 223(a)(7) of the National Housing
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1 Act made by the 15th paragraph of such Act shall be effec2 tive during fiscal year 1996 and thereafter.

3 SEC. 213. DEMONSTRATION AUTHORITY.

4 (a) On and after October 1, 1995, the Secretary of

5 Housing and Urban Development shall carry out a dem6 onstration program with respect to multifamily projects

7 whose mortgages are insured under the National Housing

8 Act and that are assisted under section 8 of the United

9 States Housing Act of 1937 and whose present section 8

10 rents are, in the aggregate, in excess of 110 percent of the

11 fair market rent of the locality in which the project is lo12 cated, including projects whose section 8 contracts expire

13 on or after October 1, 1996. These programs shall be de14 signed to test the feasibility and desirability of the goal of

15 ensuring, to the maximum extent practicable, that the debt

16 service and operating expenses, including adequate reserves,

17 attributable to such multifamily projects whose mortgages

18 are insured under the National Housing Act and that are

19 assisted under section 8 of the United States Housing Act

20 of 1937 and whose present section 8 contract rents are in

21 excess of the fair market rent of the locality in which the

22 project is located can be supported with and without mort23 gage insurance under the National Housing Act and with

24 and without above-market rents and utilizing project based

25 assistance or, with the consent of the property owner and
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1 the residents, tenant based assistance, while taking into ac2 count the need for assistance of low and very low income

3 families in such projects. In carrying out this demonstra4 tion, the Secretary may use arrangements with third par5 ties, under which the Secretary may provide for the as6 sumption by the third parties (by delegation, contract, or

7 otherwise) of some or all of the functions, obligations, and

8 benefits of the Secretary.

9 (1) GOALS.—The Secretary of Housing and

10 Urban Development shall carry out the demonstration

11 programs under this section in a manner that—

12 (A) will protect the financial interests of the

13 Federal Government;

14 (B) will result in significant discretionary

15 cost savings through debt restructuring and sub16 sidy reduction; and

17 (C) will, in the least costly fashion, address

18 the goals of—

19 (i) maintaining existing housing stock

20 in a decent, safe, and sanitary condition;

21 (ii) minimizing the involuntary dis22 placement of tenants;

23 (iii) restructuring the mortgages of

24 such projects in a manner that is consistent

25 with local housing market conditions;
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1 (iv) supporting fair housing strategies;

2 (v) minimizing any adverse income

3 tax impact on property owners; and

4 (vi) minimizing any adverse impact

5 on residential neighborhoods.

6 In determining the manner in which a mortgage is

7 to be restructured or the subsidy reduced, the Sec8 retary may balance competing goals relating to indi9 vidual projects in a manner that will further the pur10 poses of this section.

11 (2) DEMONSTRATION APPROACHES.—In carrying

12 out the demonstration programs, the Secretary may

13 use one or more of the following approaches:

14 (A) Joint venture arrangements with third

15 parties, under which the Secretary may provide

16 for the assumption by the third parties (by dele17 gation, contract, or otherwise) of some or all of

18 the functions, obligations, and benefits of the Sec19 retary.

20 (B) Subsidization of the debt service of the

21 project to a level that can be paid by an owner

22 receiving an unsubsidized market rent.

23 (C) Renewal of existing project-based assist24 ance contracts where the Secretary shall approve

25 proposed initial rent levels that do not exceed the
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1 greater of 120 percent of fair market rents or

2 comparable market rents for the relevant metro3 politan market area or at rent levels under a

4 budget-based approach.

5 (D) Nonrenewal of expiring existing project6 based assistance contracts and providing tenant7 based assistance to previously assisted house8 holds.

9 (b) For purposes of carrying out demonstration pro10 grams under subsection (a)—

11 (1) the Secretary may manage and dispose of

12 multifamily properties owned by the Secretary as of

13 October 1, 1995 and multifamily mortgages held by

14 the Secretary as of October 1, 1995 for properties as15 sisted under section 8 with rents above 110 percent of

16 fair market rents without regard to any other provi17 sion of law; and

18 (2) the Secretary may delegate to one or more

19 entities the authority to carry out some or all of the

20 functions and responsibilities of the Secretary in con21 nection with the foreclosure of mortgages held by the

22 Secretary under the National Housing Act.

23 (c) For purposes of carrying out demonstration pro24 grams under subsection (a), subject to such third party con25 sents (if any) as are necessary including but not limited
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1 to (i) consent by the Government National Mortgage Asso2 ciation where it owns a mortgage insured by the Secretary;

3 (ii) consent by an issuer under the mortgage-backed securi4 ties program of the Association, subject to the responsibil5 ities of the issuer to its security holders and the Association

6 under such program; and (iii) parties to any contractual

7 agreement which the Secretary proposes to modify or dis8 continue, the Secretary or one or more third parties des9 ignated by the Secretary may take the following actions:

10 (1) Notwithstanding any other provision of law,

11 the Secretary or third party may remove, relinquish,

12 extinguish, modify, or agree to the removal of any

13 mortgage, regulatory agreement, project-based assist14 ance contract, use agreement, or restriction that had

15 been imposed or required by the Secretary, including

16 restrictions on distributions of income which the Sec17 retary or third party determines would interfere with

18 the ability of the project to operate without above

19 market rents. The Secretary or third party may re20 quire an owner of a property assisted under the sec21 tion 8 new construction/substantial rehabilitation

22 program to apply any accumulated residual receipts

23 toward effecting the purposes of this section.

24 (2) Notwithstanding any other provision of law,

25 the Secretary of Housing and Urban Development
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1 may enter into contracts to purchase reinsurance, or

2 enter into participations or otherwise transfer eco3 nomic interest in contracts of insurance or in the pre4 miums paid, or due to be paid, on such insurance to

5 third parties, on such terms and conditions as the

6 Secretary may determine.

7 (3) The Secretary may offer project-based assist8 ance with rents at or below fair market rents for the

9 locality in which the project is located and may nego10 tiate such other terms as are acceptable to the Sec11 retary and the project owner.

12 (4) If, after reducing rents as provided in sub13 section (3) hereof, the project would be unable to pay

14 full operating costs (including normal operating ex15 penses, reasonable reserves, full debt service, and rea16 sonable allowances for vacancy losses and debt service

17 coverage/owner return), the Secretary may offer to

18 pay all or a portion of the project’s debt service, and

19 shall restrict the portion of debt service, if any, to be

20 paid by the project to the amount consistent with

21 payment of such full operating costs. The Secretary

22 may offer to make such payments monthly from the

23 appropriate Insurance Fund, for the full remaining

24 term of the insured mortgage.
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1 (5) Notwithstanding any other provision of law,

2 the Secretary may forgive and cancel any FHA-in3 sured mortgage debt that a demonstration program

4 property cannot carry at market rents while bearing

5 full operating costs.

6 (6) For demonstration program properties that

7 cannot carry full operating costs (excluding debt serv8 ice) at market rents, the Secretary shall approve

9 project-based rents sufficient to carry such full operat10 ing costs and shall offer to pay the full debt service

11 in the manner provided in paragraph (4).

12 (d) SELECTION.—The Secretary shall select multifam13 ily projects whose mortgages are insured that are from dif14 ferent geographic areas of the nation, from States and local15 ities of varying sizes, of different occupancy profiles by in16 come, race, and age, of different financial and physical con17 ditions, and other factors as determined by the Secretary.

18 (e) COMMUNITY AND TENANT INPUT.—In carrying out

19 this section, the Secretary shall develop procedures to obtain

20 appropriate and timely input from officials of the unit of

21 general local government affected, the community in which

22 the project is situated, and the tenant of the project.

23 (f) LIMITATION ON DEMONSTRATION AUTHORITY.—

24 The Secretary may carry out demonstration programs

25 under this section with respect to mortgages not to exceed
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1 30,000 units over fiscal years 1996 and 1997: Provided,

2 That not less than fifty percent of the units participating

3 in the demonstration shall be in projects that are assisted

4 under section 8 new construction/substantial rehabilitation

5 contracts which expire after September 30, 1997. The dem6 onstration authorized under this section shall not be ex7 panded until the reports required under subsection (g) are

8 submitted to the Congress.

9 (g) REPORT TO CONGRESS.—The Secretary shall sub10 mit to the Congress every three months after the date of

11 enactment of this Act a report describing and assessing the

12 programs carried out under the demonstrations. The Sec13 retary shall also submit a final report to the Congress not

14 later than six months after the end of the demonstrations.

15 The final report shall include findings and recommenda16 tions for any legislative action appropriate to establish a

17 permanent program based on the findings under the dem18 onstrations. The final report shall also include a description

19 of the status of each multifamily housing project selected

20 for the demonstrations under this section. The final report

21 shall include—

22 (1) the size of the projects;

23 (2) the geographic locations of the projects, by

24 State and region;
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1 (3) the physical and financial condition of the

2 projects;

3 (4) the occupancy profile of the projects, includ4 ing the income, family size, race, and ethnic origin

5 of current tenants, and the rents paid by such ten6 ants;

7 (5) a description of actions undertaken pursuant

8 to this section, including a description of the effective9 ness of such actions and any impediments to the

10 transfer or sale of multifamily housing projects;

11 (6) a description of the extent to which the dem12 onstrations under this section have displaced tenants

13 of multifamily housings projects;

14 (7) a description of any of the functions per15 formed in connection with this section that are trans16 ferred or contracted out to public or private entities

17 or to States;

18 (8) a description of the impact to which the dem19 onstrations under this section have affected the local20 ities and communities where the selected multifamily

21 housing projects are located; and

22 (9) a description of the extent to which the dem23 onstrations under this section have affected the owners

24 of multifamily housing projects.
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1 (g) EFFECTIVE DATE.—The provisions of this section

2 shall become effective on October 1, 1996.

3 SEC. 214. SECTION 8 CONTRACT RENEWAL.

4 (a) IN GENERAL.—Notwithstanding any other provi5 sion of law, the Secretary shall renew upon expiration each

6 contract for project-based assistance under section 8 of the

7 United States Housing Act of 1937 that expires during fis8 cal year 1996 in accordance with this subsection.

9 (b) CONTRACT TERM.—Each contract described in sub10 section (a) may be renewed for a term not to exceed 2 years.

11 ‘‘(c) RENTS AND OTHER CONTRACT TERMS.—Except

12 as provided in subsections (d) and (e), the Secretary shall

13 offer to renew each contract described in subsection (a) (in14 cluding any contract relating to a multifamily project

15 whose mortgage is insured or assisted under the new con16 struction and substantial rehabilitation program under sec17 tion 8 of the United States Housing Act of 1937)—

18 (1) at a rent equal to the budget-based rent for

19 the project;

20 (2) at the current rent, where the current rent

21 does not exceed 120 percent of the fair market rent for

22 the jurisdiction in which the project is located; or

23 (3) at the current rent, pending the implementa24 tion of guidelines for budget-based rents.
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1 (d) LOAN MANAGEMENT SET-ASIDE CONTRACTS.—The

2 Secretary shall offer to renew each loan management set3 aside contract at a rent equal to the budget-based rent for

4 the unit, as determined by the Secretary, for a period not

5 to exceed 1 year.

6 (e) TENANT-BASED ASSISTANCE OPTION.—Notwith7 standing any other provision of law, the Secretary may,

8 with the consent of the owner of a project that is subject

9 to a contract described in subsection (a) and with notice

10 to and in consultation with the tenants, agree to provide

11 tenant-based rental assistance under section 8(b) or 8(o) in

12 lieu of renewing a contract to provide project-based rental

13 assistance under subsection (a). Subject to advance appro14 priations, the Secretary may offer an owner incentives to

15 convert to tenant-based rental assistance.

16 (f) DEMONSTRATION PROGRAM.—If a contract de17 scribed in subsection (a) is eligible for the demonstration

18 program under section 213, the Secretary may make the

19 contract subject to the requirements of section 213.

20 (g) DEFINITIONS.—

21 (1) BUDGET-BASED RENT.—For purposes of this

22 section, the term ‘‘budget-based rent’’, with respect to

23 a multifamily housing project, means the rent that is

24 established by the Secretary, based on the actual and

25 projected costs of operating the project, at a level that
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1 will provide income sufficient, with respect to the

2 project, to support—

3 (A) the debt service of the project;

4 (B) the operating expenses of the project, in5 cluding—

6 (i) contributions to actual reserves;

7 (ii) the costs of maintenance and nec8 essary rehabilitation, as determined by the

9 Secretary;

10 (iii) other costs permitted under sec11 tion 8 of the United States Housing Act of

12 1937, as determined by the Secretary;

13 (C) an adequate allowance for potential and

14 reasonable operating losses due to vacancies and

15 failure to collect rents, as determined by the Sec16 retary;

17 (D) an allowance for a rate of return on eq18 uity to the owner not to exceed 6 percent;

19 (E) other expenses, as determined to be nec20 essary by the Secretary.

21 (2) BASIC RENTAL CHARGE FOR SECTION 236.—

22 A basic rental charge determined or approved by the

23 Secretary for a project receiving interest reduction

24 payments under section 236 of the National Housing
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1 Act shall be deemed a budget-based rent within the

2 meaning of this section.

3 (3) SECRETARY.—The term ‘‘Secretary’’ refers to

4 the Secretary of Housing and Urban development.

5 PRESERVATION REFORM

6 SEC. 215. Subtitle B of the Low-Income Housing Pres7 ervation and Resident Homeownership Act of 1990, is

8 amended as follows:

9 (a) After section 201, insert the following new

10 section:

11 ‘‘SEC. 202. APPLICABILITY.

12 ‘‘This subtitle shall be applicable to all eligible low13 income housing which has not received funding for a plan

14 of action before October 1, 1995. Eligible projects which

15 have received funding before such effective date shall be gov16 erned by the Low Income Housing Preservation and Resi17 dent Homeownership Act of 1990 as was in effect before

18 such effective date.’’.

19 (b) Section 211 is amended to read as follows:

20 ‘‘SEC. 211. PERMISSIBLE PREPAYMENT OR INCENTIVES NOT

21 TO PREPAY.

22 ‘‘(a) PREPAYMENT AND TERMINATION.—An owner of

23 eligible low income housing may prepay, and a mortgagee

24 may accept prepayment, in accordance with the terms of
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1 the mortgage note, and regulations in effect when said note

2 was signed.

3 ‘‘(b) PLAN OF ACTION.—An owner of eligible housing

4 who does not exercise the right to prepay the mortgage may

5 file a plan of action to receive incentives to extend low in6 come use pursuant to section 219(b) or incentives for trans7 fers to qualified purchasers pursuant to section 220.’’.

8 (c) Section 212(a) is amended by striking the

9 words ‘‘as in accordance with section 218’’.

10 (d) Striking out section 214.

11 (e) Section 215 is amended as follows:

12 (1) Subsection (a) is amended to read as

13 follows:

14 ‘‘(a) DETERMINATION OF RELATION TO FEDERAL

15 COST LIMITS.—For each eligible low-income housing

16 project appraised under section 213(a), the Secretary shall

17 make an initial determination as to whether the estimated

18 allowable equity loan pursuant to section 219(b)(8) or the

19 estimated allowable grant pursuant to section 220(d)(3)(A)

20 exceeds the amount equal to 60 times the most recently pub21 lished fair market rent for the area in which the project

22 is located and the appropriate unit size for all of the units

23 in the eligible housing. The initial determination shall be

24 used solely for the purpose of providing information to own25 ers pursuant to section 216. Actual incentives available to
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1 an owner (or a qualified purchaser) shall be determined

2 pursuant to an approved plan of action; provided however,

3 that the Secretary may not approve incentives in an

4 amount exceeding the federal cost limits as defined in this

5 section, unless the Secretary determines that preservation

6 for the eligible low income housing project is appropriate.’’.

7 (2) Subsection (b) is amended to read as

8 follows:

9 ‘‘(b) HOUSING EXCEEDING FEDERAL COST LIMITS.—

10 If the estimated allowable equity loan or grant for an eligi11 ble low income housing project exceeds the federal cost limit,

12 the owner may:

13 ‘‘(1) file a plan of action under section 217 to

14 receive incentives under section 219;

15 ‘‘(2) file a second notice of intent under section

16 216(d) indicating an intention to transfer the housing

17 under section 220 and take actions pursuant to such

18 section;

19 ‘‘(3) file a second notice under section 216(d) in20 dicating an intention to transfer the housing under

21 section 220 so long as a qualified purchaser provides

22 non-preservation resources sufficient to accommodate

23 the difference between the incentives approved under

24 the applicable plan of action and the actual purchase

25 price; or
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1 ‘‘(4) file a second notice of intent under section

2 216(d) indicating an intention to prepay the mort3 gage or voluntarily terminate the insurance.’’.

4 (f) Section 216 is amended as follows:

5 (1) Strike subsection (a).

6 (2) Subsection (b)(2) is amended to read as

7 follows: ‘‘A statement of the required repairs and

8 initial reserve deposits required by the Secretary,

9 based on a capital needs assessment of the prop10 erty.’’.

11 (3) Subsection (b)(4) is amended by striking

12 the phrase, ‘‘aggregate preservation rents’’ and

13 inserting in lieu thereof, ‘‘estimated allowable eq14 uity loan or grant, as applicable.’’.

15 (4) Subsection (d)(1) is amended by delet16 ing the second and third sentences thereof.

17 (g) Section 217 is amended as follows:

18 (1) Subsection (a)(1) is amended by—

19 (A) striking out ‘‘terminate the low-in20 come affordability restrictions through pre21 payment of the mortgage or voluntary ter22 mination under section 218, or to’’;

23 (B) striking out ‘‘or 221’’; and

24 (C) striking the matter following ‘‘sec25 tion 220(b)’’.
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1 (2) Subsection (b) is amended by—

2 (A) striking out paragraph (1); and

3 (B) in paragraph (2) striking out ‘‘If

4 the plan of action proposes to extend the low

5 income affordability restrictions of the hous6 ing in accordance with section 219 or trans7 fer the housing to a qualified purchaser in

8 accordance with section 220, the plan’’ and

9 inserting in lieu thereof, ‘‘The plan of ac10 tion shall include—’’.

11 (f) Strike out section 218.

12 (g) Section 219 is amended as follows:

13 (1) Subsection (a) is amended by deleting

14 from ‘‘for each year’’ to the end of the subsection

15 and inserting in lieu thereof ‘‘the incentives pro16 vided in subsection (b) hereof.’’

17 (2) Subsection (b) is amended by—

18 (A) striking out subparagraphs 2 and

19 3, and renumbering the remaining sub20 sections;

21 (B) amending paragraph 3 by deleting

22 all that follows ‘‘improvements’’ and insert23 ing in lieu thereof, ‘‘as provided in para24 graph 8 hereof’’;
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1 (C) amending paragraph 5 to read as

2 follows: ‘‘Access by the owner to a portion

3 of preservation equity in the housing as

4 provided in paragraph (6) hereof.’’;

5 (D) by adding a new paragraph (8) as

6 follows:

7 ‘‘(8) A non-interest-bearing direct loan by the

8 Secretary equal in amount to the cost of rehabilita9 tion approved in the plan of action plus 70 percent

10 of the preservation equity.

11 ‘‘(i) Repayment of the loan provided under

12 this paragraph shall commence when the first

13 mortgage loan on the eligible low income housing

14 is paid in full. The Secretary shall require the

15 owner to make payments thereafter in an

16 amount not greater than the amount that the

17 owner had been paying on said first mortgage

18 taking into account any interest reduction pay19 ments made pursuant to section 236 of the Na20 tional Housing Act.

21 (ii) The Secretary shall permit an owner re22 turn equal to 8 percent of 30 percent of the pres23 ervation equity and shall permit the inclusion

24 thereof in the budget for the eligible housing in-
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1 stead of the return permitted on the original eq2 uity of the eligible housing.’’; and

3 (E) by adding a new subsection (b)(9)

4 as follows:

5 ‘‘(9) retention of rental income in excess of the

6 basic rental charge in projects assisted under section

7 236 of the National Housing Act, to be used for the

8 purposes of preserving the low/moderate income char9 acter of the eligible low income housing.’’.

10 (3) In final unnumbered paragraph, strike

11 out the words ‘‘but the owner shall pay to the

12 Secretary all rental charges in excess of the basic

13 rental charges’’.

14 (h) Section 220 is amended as follows:

15 (1) Subsection (a) is amended by deleting

16 the final sentence thereof.

17 (2) Subsection (b)(1) is amended by deleting

18 the first sentence thereof and inserting in lieu

19 thereof the following:

20 ‘‘(1) For the 6 month period beginning on the

21 date of receipt by the Secretary of a second notice of

22 intent under section 216(d) with respect to such hous23 ing, the owner may offer to sell and/or negotiate a

24 sale of the housing only with—
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1 ‘‘(i) a resident council or mutual housing

2 association intending to purchase the project

3 under section 226, which has the support of ten4 ants representing at least 75 percent of the occu5 pied units in the project and at least 50 percent

6 of all of the units in the project.

7 ‘‘(ii) a resident council intending to pur8 chase the project and retain it as rental housing,

9 which has the support of the majority of the ten10 ant households; or

11 ‘‘(iii) a community based nonprofit housing

12 organization, which has the support of the ma13 jority of the tenant households.

14 ‘‘(2) If no bona fide offer to purchase the project

15 is made and accepted during or at the end of the 6-

16 month period specified in subparagraph (b)(1) of this

17 section, the owner may offer to sell the project during

18 the succeeding 6 months to any priority purchaser.’’.

19 (2) Subsections (d)(2) and (d)(3) are

20 amended to read as follows:

21 ‘‘(d)(2) AMOUNT.—Subject to the availability of

22 amounts approved in appropriations Acts, the Secretary

23 shall, for approvable plans of action, provide assistance suf24 ficient to enable qualified purchasers to—
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1 ‘‘(A) acquire the eligible low-income housing

2 from the current owner for a purchase price not

3 greater than the preservation value of the housing.

4 Such purchase price does not include the residual re5 ceipts account which shall be released to the owner,

6 but shall include the replacement reserve account

7 which shall be transferred to the purchaser;

8 ‘‘(B) rehabilitate the housing;

9 ‘‘(C) meet project operating expenses and estab10 lish adequate reserves for the housing, and in the case

11 of a Priority Purchaser, meet project oversight costs;

12 ‘‘(D) receive a distribution equal to 8 percent

13 annual return on any actual cash investment (from

14 sources other than assistance provided under this

15 title) made to acquire or rehabilitate the project;

16 ‘‘(E) in the case of a priority purchaser, receive

17 a reimbursement of all reasonable transaction ex18 penses associated with the acquisition, loan closing,

19 and implementation of an approved plan of action;

20 and

21 ‘‘(F) in the case of an approved resident home22 ownership program, cover the costs of training for the

23 resident council, homeownership counseling and

24 training, the fees for the nonprofit entity or public
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1 agency working with the resident council and costs re2 lated to relocation of tenants who elect to move.

3 ‘‘(d)(3) INCENTIVES.—

4 ‘‘(A) IN GENERAL.—For all qualified purchasers

5 of housing under this subjection, the Secretary may

6 provide assistance for an approved Plan of Action in

7 the form of 1 or more of the incentives authorized

8 under section 219(b), except in lieu of the incentives

9 under section 219(b)(7) and 219(b)(8), the Secretary

10 shall provide a grant equal in amount to 100 percent

11 of the transfer preservation equity determined for the

12 property plus the amount of rehabilitation costs re13 quired by the plan of action: Provided, That the grant

14 may include, if the qualified purchaser is a priority

15 purchaser, any expenses associated with the acquisi16 tion, loan closing and implementation of the plan of

17 action, subject to approval by the Secretary. Expenses

18 associated with implementation of the plan of action

19 may include capital reserves, operating reserves, and

20 escrows established to mitigate the burden of initial

21 rent increases on tenants. At the purchaser’s election,

22 the grant shall be provided in the form of a loan in

23 the same amount. If the purchaser makes such elec24 tion, the interest rate on the loan shall be no less than

25 the applicable Federal rate and repayment shall be
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1 deferred until sale of the housing or refinancing or re2 payment of the federally-assisted mortgage, whichever

3 is earlier, or such later date as may be required to

4 maintain low-income affordability restrictions for the

5 remaining useful life of the housing.’’.

6 (i) Strike out section 221.

7 (j) Section 222 is amended as follows:

8 (1) Strike out subsections (a)(2) (D), (E)

9 and (F) and renumbering the remaining sub10 paragraphs.

11 (2) Amend subsection (a)(2)(G) to read as

12 follows:

13 ‘‘(G) future rent adjustments shall be gov14 erned by the provisions of the regulatory agree15 ment concerning rent adjustments now in effect

16 for the eligible low-income housing except that

17 priority purchasers shall receive project oversight

18 costs. The Secretary shall process requests for

19 rent adjustments during the pendency of the

20 processing under this title.’’.

21 (3) Subsection (d)(2)(A)(i) is amended to

22 read as follows:

23 ‘‘(i) declining to authorize the release

24 of any escrowed loan proceeds and requiring

25 that such amounts be used for repairs.’’.
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1 (4) Subsection (d)(2)(C)(ii) is amended by

2 striking out ‘‘an equity take-out loan has been

3 made under section 241(f) of the National Hous4 ing Act’’ and inserting in lieu thereof, ‘‘a loan

5 has been insured under the National Housing

6 Act or made pursuant to section 219(b)(8) or

7 220(d)(3)’’.

8 (5) Strike out subsection (d)(2)(C)(iii).

9 (6) Insert a new subsection (e) as follows:

10 ‘‘(e) MIXED INCOME COMMUNITIES.—To the extent

11 that federal assistance is provided for economic feasibility,

12 units available to new tenants will be available and afford13 able to the same proportions of very-low income families

14 or persons, low income families or persons, and moderate

15 income families or persons (including families or persons

16 whose incomes are 95 percent or more of area median in17 come) as of the date of approval of the plan of action.’’.

18 (k) Section 223 is amended as follows:

19 (1) Subsection (a) is amended by—

20 (A) striking out in the first sentence

21 ‘‘low-income’’ and inserting in lieu thereof

22 ‘‘very low-income’’; and

23 (B) striking out ‘‘eligible low income

24 housing’’ and inserting in lieu thereof
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1 ‘‘housing financed under the programs set

2 forth in section 229(1)(A) of this Act’’.

3 (2) Strike out the last sentence of subsection

4 (b), and inserting in lieu thereof ‘‘The Secretary

5 shall pay the relocation expenses of each such

6 low-income family—

7 ‘‘(i) that does not receive section 8 assist8 ance pursuant to subsection (a);

9 ‘‘(ii) that is displaced within 180 days after

10 such prepayment; and

11 ‘‘(iii) whose rent and utility cost imme12 diately prior to displacement exceeded 30 percent

13 of adjusted income. Provided, however, that such

14 relocation payment shall not exceed $1,500 per

15 family.’’.

16 (3) Strike out subsections (c), (d) and (e).

17 (l) Strike out section 224.

18 (m) Section 225(c) is amended by—

19 (1) striking out in the first sentence all that

20 follows ‘‘shall’’ and inserting in lieu thereof

21 ‘‘provide the incentives, and, in addition, shall

22 pay the owner of the eligible housing a return

23 equal to 8 percent of the preservation equity

24 from the date that the Secretary should have

25 complied with such time limitation’’; and
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1 (2) striking out, in the last sentence thereof,

2 ‘‘district’’.

3 (n) Section 226(b)(2) is amended by inserting

4 ‘‘mutual housing association’’ between ‘‘limited equity

5 cooperative ownership)’’ and ‘‘and fee simple owner6 ship.’’

7 (o) Section 229 is amended as follows:

8 (1) Paragraph (1)(B) is amended to read as

9 follows:

10 ‘‘(B) that, under regulation or contract in

11 effect before February 5, 1988, would have be12 come eligible for prepayment without prior ap13 proval of the Secretary:

14 ‘‘(i) on or before December 31, 1996, and

15 the owner of such housing filed a notice of intent

16 on or before February 28, 1995 under title VI of

17 the Low Income Housing Preservation and Resi18 dent Homeownership Act of 1990 or under title

19 II of the Emergency Low Income Housing Pres20 ervation Act of 1987; or

21 ‘‘(ii) after December 31, 1996, and the

22 owner of such housing files a notice of intent

23 under this title on or before March 1, 1996.’’.

24 (2) Paragraph (8) is amended—
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1 (A) by deleting in subparagraph (A)

2 the words ‘‘determining the authorized re3 turn under section 219(b)(6)(ii)’’

4 (B) by deleting in subparagraph (B)

5 ‘‘and 221’’; and

6 (C) by deleting in subparagraph (B)

7 the words ‘‘acquisition loans under the pro8 visions of section 241(f)(3) of the National

9 Housing Act’’ and inserting in lieu thereof,

10 ‘‘acquisition grant under the provisions of

11 section 220(d)(2)’’.

12 (3) Paragraph (11) is amended by inserting

13 after ‘‘association’’: ‘‘(including such an organi14 zation or its affiliate that is a general partner

15 in a limited partnership)’’.

16 (4) Insert a new definition (12) as follows:

17 ‘‘(12) The term ‘Community Based Non-Profit

18 Organization’ is defined as set forth in 24 C.F.R.

19 248.101, except that a private nonprofit organization

20 shall be deemed to include an organization or its af21 filiate that is a general partner in a limited partner22 ship.’’.

23 (5) Insert a new definition (13) as follows:

24 ‘‘(13) Mutual Housing Association. A private en25 tity organized under State law that has been deter-
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1 mined to be a tax-exempt entity under section 501c

2 of the Internal Revenue Code of 1986 (including such

3 an entity or its affiliate that is a general partner in

4 a limited partnership), and that owns, manages, and

5 continuously develops affordable housing by providing

6 long-term housing for low and moderate income indi7 viduals and families. The residents of mutual housing

8 participate in the ongoing management of the hous9 ing, and through the purchase of membership interests

10 in the associations have the right to continue residing

11 in the housing as long as they own memberships in

12 the associations.’’.

13 (6) Paragraph (1) is amended by inserting

14 new subparagraph (C) after subparagraph (B):

15 ‘‘(C) that has been determined to have pres16 ervation equity equivalent to the lesser of $5,000/

17 unit or $500,000 per project or the equivalent of

18 8 times the most recently published fair market

19 rent for the area in which the project is located

20 and the appropriate unit size for all of the units

21 in the eligible project.’’.

22 (p) Section 231(a) is amended by inserting be23 fore the period the following: ‘‘; and (C) any resident

24 council, community-based non-profit organization,

25 mutual housing association, or their affiliate that acts
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1 as a general partner in a limited partnership and

2 agrees to maintain low-income affordability restric3 tions for the remaining useful life of the housing as

4 determined under section 222(c).’’.

5 (q) Section 232(a)(2) is amended to read as fol6 lows:

7 ‘‘(2) restricts or inhibits an owner of such hous8 ing from receiving any benefit provided under this

9 Act;’’.

10 (r) Inserting after section 235, the following new

11 section:

12 ‘‘SEC. 236. IMPLEMENTING PROVISIONS FOR CAPITAL

13 LOANS AND GRANTS.

14 ‘‘(a) SELF-IMPLEMENTATION.—The Secretary shall

15 implement the incentives of capital loans or grants pursu16 ant to section 219(b)(8) or 220(d)(2) upon the enactment

17 of an appropriations Act for fiscal year 1996 providing

18 funds for this purpose without issuing regulations and the

19 processing of an eligible project and any approvals rendered

20 by the Secretary under title VI of the Low Income Housing

21 Preservation and Resident Homeownership Act of 1990 or

22 title II of the Emergency Low Income Housing Preservation

23 Act of 1987 shall be effective under this title and the Sec24 retary shall not repeat any such processing.
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1 ‘‘(b) PAYMENT OF EQUITY LOAN.—The Secretary shall

2 fund the loan pursuant to section 219(b)(6) within 180 days

3 after the approval of the plan of action, but shall pay an

4 8 percent return on preservation equity from 60 days after

5 approval of the plan of action. The Secretary may provide

6 funding for the capital loan provided under section

7 219(b)(8) equally over a five-year period, except that the

8 rehabilitation portion of the loan shall be funded in the first

9 installment. The Secretary shall pay the owner of the eligi10 ble housing interest on the unpaid portion of the loan at

11 the applicable federal rate at the time that the plan of ac12 tion is approved. If the Secretary fails to make the second

13 or subsequent installment payments on said loan within 60

14 days of its due date, the owner may prepay the mortgage

15 pursuant to section 211 and retain the amount of any in16 stallment previously paid.

17 ‘‘(c) PAYMENT OF GRANT OR LOAN.—The Secretary

18 shall provide full funding for the capital grant or loan as

19 provided under section 220(d)(3) within 180 days of ap20 proval of the plan of action. If the Secretary fails to make

21 such payment, the owner may prepay the existing mortgage

22 pursuant to section 224.

23 ‘‘(d) ELIHPA ELIGIBILITY.—An owner of eligible

24 housing who is processing an application under title II of

25 the Emergency Low Income Housing Preservation Act of
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1 1987 on the effective date of this title may apply for the

2 incentives provided in this title or exercise its right of pre3 payment pursuant to section 211.’’.

4 (s) EFFECTIVE DATE.—The provisions of this section

5 shall become effective on October 1, 1996.

6 SEC. 216. EXTENSION OF HOME EQUITY CONVERSION

7 MORTGAGE PROGRAM.—Section 255(g) of the National

8 Housing Act (12 U.S.C. 1715z–20(g)) is amended—

9 (1) in the first sentence, by striking ‘‘September

10 30, 1995’’ and inserting ‘‘September 30, 1996’’; and

11 (2) in the second sentence, by striking ‘‘25,000’’

12 and inserting ‘‘30,000’’.

13 SEC. 217. ASSESSMENT COLLECTION DATES FOR OF14 FICE OF FEDERAL HOUSING ENTERPRISE OVERSIGHT.—

15 Section 1316(b) of the Housing and Community Develop16 ment Act of 1992 (12 U.S.C. 4516(b)) is amended by strik17 ing paragraph (2) and inserting the following new para18 graph:

19 ‘‘(2) TIMING OF PAYMENT.—The annual assess20 ment shall be payable semiannually for each fiscal

21 year, on October 1st and April 1st.’’.

22 SEC. 218. During fiscal year 1996, notwithstanding

23 any other provision of law, the number of individuals em24 ployed by the Department of Housing and Urban Develop-
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1 ment in other than ‘‘career appointee’’ positions in the Sen2 ior Executive Service shall not exceed 20.

3 SEC. 219. Of the $93,400,000 earmarked in Public

4 Law 101–144 (103 Stat 850), as amended by Public Law

5 101–302 (104 Stat 237), for special projects and purposes,

6 any amounts remaining of the $500,000 made available to

7 Bethlehem House in Highland, California, for site planning

8 and land acquisition shall instead be made available to the

9 County of San Bernardino in California to assist with the

10 expansion of the Los Padrinos Gang Intervention Program

11 and the Unity Home Domestic Violence Shelter.

12 SEC. 220. PERMISSIBLE ADJUSTMENT TO MODERNIZA13 TION FORMULA.—Section 14(k) of the United States Hous14 ing Act of 1937 is amended—

15 (1) in paragraph (2)(B)—

16 (A) by striking ‘‘The Secretary’’ and insert17 ing ‘‘Except as otherwise provided in this sub18 paragraph, the Secretary’’; and

19 (B) by inserting after the first sentence the

20 following: ‘‘The Secretary may adjust the

21 amount allocated under this subparagraph as

22 necessary to provide additional weight for back23 log needs.’’;

24 (2) in paragraph (2)(C), by striking ‘‘other half’’

25 and inserting ‘‘remainder’’; and
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1 (3) in paragraph (8)—

2 (A) by striking ‘‘half’’ the first time it ap3 pears and inserting ‘‘half, or such other amount

4 as the Secretary determines to be necessary pur5 suant to paragraph (2)(B),’’; and

6 (B) by striking ‘‘half’’ the second time it

7 appears, and inserting ‘‘the remainder’’.

8 SEC. 221. (a) Section 1011 of Title X—Residential

9 Lead-Based Paint Hazard Reduction Act of 1992 is amend10 ed as follows: Strike ‘‘priority housing’’ wherever it appears

11 in said section and insert ‘‘housing’’.

12 (b) Section 1011(a) shall be amended as follows: At

13 the end of the subsection after the period, insert ‘‘Grants

14 shall only be made under this section to provide assistance

15 for housing which meets the following criteria—

16 ‘‘(1) for grants made to assist rental housing, at

17 least 50 percent of the units must be occupied by or

18 made available to families with incomes at or below

19 50 percent of the area median income level and the

20 remaining units shall be occupied or made available

21 to families with incomes at or below 80 percent of the

22 area median income level, and in all cases the land23 lord shall give priority in renting units assisted

24 under this section, for not less than 3 years following
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1 the completion of lead abatement activities, to fami2 lies with a child under the age of six years—

3 ‘‘(A) except that buildings with five or more

4 units may have 20 percent of the units occupied

5 by families with incomes above 80 percent of

6 area median income level;

7 ‘‘(2) for grants made to assist housing owned by

8 owner-occupants, all units assisted with grants under

9 this section shall be the principal residence of families

10 with incomes at or below 80 percent of the area me11 dian income level, and not less than 90 percent of the

12 units assisted with grants under this section shall be

13 occupied by a child under age of six years or shall

14 be units where a child under the age of six years

15 spends a significant amount of time visiting; and

16 ‘‘(3) notwithstanding paragraphs (1) and (2),

17 Round II grantees who receive assistance under this

18 section may use such assistance for priority hous19 ing.’’.

20 SEC. 222. EXTENSION PERIOD FOR SHARING UTILITY

21 COST SAVINGS WITH PHAS.—Section 9(a)(3)(B)(i) is

22 amended by striking ‘‘for a period not to exceed 6 years’’.

23 SEC. 223. The first sentence of section

24 221(g)(4)(C)(viii) of the National Housing Act is amended
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1 by striking ‘‘September 30, 1995’’ and inserting in lieu

2 thereof ‘‘September 30, 1996’’.

3 Ω59æSEC. 224. None of the funds provided in this Act

4 may be used during fiscal year 1996 to investigate or pros5 ecute under the Fair Housing Act (42 U.S.C. 3601, et seq.)

6 any otherwise lawful activity engaged in by one or more

7 persons, including the filing or maintaining of non-frivo8 lous legal action, that is engaged in solely for the purposes

9 of achieving or preventing action by a Government official,

10 entity, or court of competent jurisdiction.

11 Ω60æSEC. 225. None of the funds provided in this Act

12 may be used to take any enforcement action with respect

13 to a complaint of discrimination under the Fair Housing

14 Act (42 U.S.C. 3601, et seq.) on the basis of familial status

15 and which involves an occupancy standard established by

16 the housing provider except to the extent that it is found

17 that there has been discrimination in contravention of the

18 standards provided in the March 20, 1991 Memorandum

19 from the General Counsel of the Department of Housing and

20 Urban Development to all Regional Counsel or until such

21 time that HUD issues a final rule in accordance with sec22 tion 553 of title 5, United States Code.

23 Ω61æSEC. 226. CDBG Eligible Activities.

24 Section 105(a) of the Housing and Community Devel25 opment Act of 1974 (42 U.S.C. 5305(a)) is amended—
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1 (1) in paragraph (4)—

2 (A) by inserting ‘‘reconstruction,’’ after ‘‘re3 moval,’’; and

4 (B) by striking ‘‘acquisition for rehabilita5 tion, and rehabilitation’’ and inserting ‘‘acquisi6 tion for reconstruction or rehabilitation, and re7 construction or rehabilitation’’;

8 (2) in paragraph (13), by striking ‘‘and’’ at the

9 end;

10 (3) by striking paragraph (19);

11 (4) in paragraph (24), by striking ‘‘and’’ at the

12 end;

13 (5) in paragraph (25), by striking the period at

14 the end and inserting ‘‘; and’’;

15 (6) by redesignating paragraphs (20) through

16 (25) as paragraphs (19) through (24), respectively;

17 and

18 (7) by redesignating paragraph (21) (as added

19 by section 1012(f)(3) of the Housing and Community

20 Development Act of 1992) as paragraph (25).

21 Ω62æSEC. 227. REPORT ON IMPACT OF COMMUNITY

22 DEVELOPMENT FUNDS ON PLAN RELOCATIONS AND JOB

23 DISLOCATION.

24 Not later than October 1, 1996, the Secretary of the

25 Department of Housing and Urban Development shall sub-
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1 mit to the appropriate Committees of the Congress a report

2 on—

3 (1) the extent to which funds provided under sec4 tion 106 (Community Development Block Grants),

5 section 107 (Special Purpose Grants), and Section

6 108(q) (Economic Development Grants) of the Hous7 ing and Community Development Act of 1974, have

8 been directly used to facilitate the closing of an indus9 trial or commercial plant or the substantial reduction

10 of operations of a plant and result in the relocation

11 or expansion of a plant from one State to another;

12 (2) the extent to which the availability of such

13 funds has been a substantial factor in the decision to

14 relocate a plant from one State to another;

15 (3) an analysis of the extent to which provisions

16 in other laws prohibiting the use of Federal funds to

17 facilitate the closing of an industrial or commercial

18 plant or the substantial reduction in the operations of

19 such plant and the relocation or expansion of a plant

20 have been effective; and

21 (4) recommendations as to how Federal pro22 grams can be designed to prevent the use of Federal

23 funds to directly facilitate the transfer of jobs from

24 one State to another.
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1 TITLE III

2 INDEPENDENT AGENCIES

3 AMERICAN BATTLE MONUMENTS COMMISSION

4 SALARIES AND EXPENSES

5 For necessary expenses, not otherwise provided for,

6 of the American Battle Monuments Commission, including

7 the acquisition of land or interest in land in foreign coun8 tries; purchases and repair of uniforms for caretakers of

9 national cemeteries and monuments outside of the United

10 States and its territories and possessions; rent of office

11 and garage space in foreign countries; purchase (one for

12 replacement only) and hire of passenger motor vehicles;

13 and insurance of official motor vehicles in foreign coun14 tries, when required by law of such countries;

15 $20,265,000, to remain available until expended: Pro16 vided, That where station allowance has been authorized

17 by the Department of the Army for officers of the Army

18 serving the Army at certain foreign stations, the same al19 lowance shall be authorized for officers of the Armed

20 Forces assigned to the Commission while serving at the

21 same foreign stations, and this appropriation is hereby

22 made available for the payment of such allowance: Pro23 vided further, That when traveling on business of the Com24 mission, officers of the Armed Forces serving as members

25 or as Secretary of the Commission may be reimbursed for
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1 expenses as provided for civilian members of the Commis2 sion: Provided further, That the Commission shall reim3 burse other Government agencies, including the Armed

4 Forces, for salary, pay, and allowances of personnel as5 signed to it.

6 CONSUMER PRODUCT SAFETY COMMISSION

7 SALARIES AND EXPENSES

8 For necessary expenses of the Consumer Product

9 Safety Commission, including hire of passenger motor ve10 hicles, services as authorized by 5 U.S.C. 3109, but at

11 rates for individuals not to exceed the per diem rate equiv12 alent to the rate for GS–18, purchase of nominal awards

13 to recognize non-Federal officials’ contributions to Com14 mission activities, and not to exceed $500 for official re15 ception and representation expenses, $40,000,000.

16 CORPORATION FOR NATIONAL AND COMMUNITY SERVICE

17 NATIONAL AND COMMUNITY SERVICE PROGRAMS

18 OPERATING EXPENSES

19 Ω63æOf the funds appropriated under this heading

20 in Public Law 103–327, the Corporation for National and

21 Community Service shall use such amounts of such funds

22 as may be necessary to carry out the orderly termination

23 of (1) the programs, activities, and initiatives under the

24 National and Community Service Act of 1990 (Public Law
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1 103–82); (2) the Corporation; and (3) the Corporation’s

2 Office of Inspector General.

3 For necessary expenses for the Corporation for Na4 tional and Community Service in carrying out the orderly

5 terminations of programs, activities, and initiatives under

6 the National and Community Service Act of 1990, as

7 amended (Public Law 103–82), $6,000,000: Provided, That

8 such amount shall be utilized to resolve all responsibilities

9 and obligations in connection with said Corporation and

10 the Corporation’s Office of Inspector General.

11 COURT OF VETERANS APPEALS

12 SALARIES AND EXPENSES

13 For necessary expenses for the operation of the Unit14 ed States Court of Veterans Appeals as authorized by 38

15 U.S.C. sections 7251–7292, $9,000,000, of which not to

16 exceed $678,000, to remain available until September 30,

17 1997, shall be available for the purpose of providing finan18 cial assistance as described, and in accordance with the

19 process and reporting procedures set forth, under this

20 head in Public Law 102–229.

21 DEPARTMENT OF DEFENSE—CIVIL

22 CEMETERIAL EXPENSES, ARMY

23 SALARIES AND EXPENSES

24 For necessary expenses, as authorized by law, for

25 maintenance, operation, and improvement of Arlington
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1 National Cemetery and Soldiers’ and Airmen’s Home Na2 tional Cemetery, and not to exceed $1,000 for official re3 ception and representation expenses; Ω64æ$11,296,000

4 $11,946,000, to remain available until expended.

5 ENVIRONMENTAL PROTECTION AGENCY

6 Ω65æRESEARCH AND DEVELOPMENT

7 For research and development activities, including

8 procurement of laboratory equipment and supplies; other

9 operating expenses in support of research and develop10 ment; and construction, alteration, repair, rehabilitation

11 and renovation of facilities, not to exceed $75,000 per

12 project; $384,052,000, to remain available until Septem13 ber 30, 1997.

14 Ω65æSCIENCE AND TECHNOLOGY

15 For science and technology, including research and de16 velopment activities; necessary expenses for personnel and

17 related costs and travel expenses, including uniforms, or al18 lowances therefore, as authorized by 5 U.S.C. 5901–5902;

19 services as authorized by 5 U.S.C. 3109, but at rates for

20 individuals not to exceed the per diem rate equivalent to

21 the rate for GS–18; procurement of laboratory equipment

22 and supplies; other operating expenses in support of re23 search and development; construction, alteration, repair, re24 habilitation and renovation of facilities, not to exceed
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1 $75,000 per project; $500,000,000, which shall remain

2 available until September 30, 1997.

3 Ω66æENVIRONMENTAL PROGRAMS AND COMPLIANCE

4 For environmental programs and compliance activi5 ties, including hire of passenger motor vehicles; hire,

6 maintenance, and operation of aircraft; purchases of re7 prints; library memberships in societies or associations

8 which issue publications to members only or at a price to

9 members lower than to subscribers who are not members;

10 construction, alteration, repair, rehabilitation, and renova11 tion of facilities, not to exceed $75,000 per project; and

12 not to exceed $6,000 for official reception and representa13 tion expenses; and for necessary expenses, not otherwise

14 provided for, for personnel and related costs and for travel

15 expenses, including uniforms, or allowances therefor, as

16 authorized by 5 U.S.C. 5901–5902; and for services as

17 authorized by 5 U.S.C. 3109, but at rates for individuals

18 not to exceed the per diem rate equivalent to the rate for

19 GS–18; $1,881,614,000, to remain available until ex20 pended: Provided, That none of the funds appropriated

21 under this heading shall be available to the National Oce22 anic and Atmospheric Administration pursuant to section

23 118(h)(3) of the Federal Water Pollution Control Act, as

24 amended: Provided further, That from funds appropriated

25 under this heading, the Administrator may make grants
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1 to federally recognized Indian governments for the devel2 opment of multimedia environmental programs: Provided

3 further, That for this fiscal year and thereafter, any indus4 trial discharger to the Kalamazoo Water Reclamation

5 Plant is exempt from categorical pretreatment standards

6 under section 307(b) of the Federal Water Pollution Con7 trol Act, as amended, if the following conditions are met:

8 (1) the Kalamazoo Water Reclamation Plant applies to the

9 State of Michigan for an exemption for its industry and

10 (2) the State or the Administrator, as applicable, approves

11 such exemption request based upon a determination that

12 there exists an operative financial contract between the

13 City of Kalamazoo and the industrial user and an ap14 proved local pretreatment program, including a joint mon15 itoring program and local controls to prevent against in16 terference and pass through: Provided further, That none

17 of the funds appropriated under this heading shall be obli18 gated or expended to implement or enforce section

19 118(c)(2)(C) of the Federal Water Pollution Control Act,

20 as amended: Provided further, That none of the funds ap21 propriated under this heading may be made available for

22 the implementation or enforcement of the stormwater per23 mitting program under section 402(p) of the Federal

24 Water Pollution Control Act, as amended: Provided fur25 ther, That none of the funds appropriated under this head-
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1 ing shall be made available for the enforcement of permit

2 limits or compliance schedules for combined sewer over3 flows or sanitary sewer overflows under section 402 of the

4 Federal Water Pollution Control Act, as amended: Pro5 vided further, That none of the funds appropriated under

6 this heading may be used to implement or enforce section

7 404 of the Federal Water Pollution Control Act, as

8 amended: Provided further, That none of the funds appro9 priated under this heading may be made available for the

10 development and implementation of new or revised efflu11 ent limitation guidelines and standards, pretreatment

12 standards, or new source performance standards under

13 the Federal Water Pollution Control Act, as amended:

14 Provided further, That the limitations on the use of funds

15 set forth in the previous five provisos shall have no force

16 and effect upon enactment of legislation which further

17 amends the named sections of the Federal Water Pollution

18 Control Act, as amended, in each of the previous four pro19 visos: Provided further, That none of the funds appro20 priated under this heading may be used by the Environ21 mental Protection Agency to impose or enforce any re22 quirement that a State implement trip reduction measures

23 to reduce vehicular emissions. Section 304 of the Clean

24 Air Act, as amended, shall not apply with respect to any

25 such requirement: Provided further, That none of the
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1 funds appropriated under this heading may be used to as2 sign less than full credit for automobile emissions inspec3 tions programs required under section 182 (c), (d), or (e)

4 of the Clean Air Act, as amended, on the basis of network

5 design equipment unless the Administrator determines,

6 based on data collected from at least two full cycles of

7 the program, that less than full credit is appropriate: Pro8 vided further, That beginning in fiscal year 1996 and each

9 fiscal year thereafter, and notwithstanding any other pro10 vision of law, the Administrator is authorized to make

11 grants annually from funds appropriated under this head12 ing, subject to such terms and conditions as the Adminis13 trator shall establish, to any State or federally recognized

14 Indian tribe for multimedia or single media pollution pre15 vention, control and abatement and related environmental

16 activities at the request of the Governor or other appro17 priate State official or the tribe: Provided further, That

18 none of the funds appropriated under this heading may

19 be used to develop, propose, promulgate, issue, enforce,

20 or to set or enforce compliance deadlines or issuance

21 schedules for maximum achievable control technology

22 standards pursuant to section 112(d) of the Clean Air Act,

23 as amended, for the category proposed to be regulated at

24 Vol. 59, Federal Register, No. 135, page 36130, dated

25 July 15, 1994, and for purposes of this provision, section
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1 304 of the Clean Air Act shall not apply: Provided further,

2 That none of the funds appropriated under this heading

3 shall be obligated or expended to take any action to extend

4 the risk management plan requirements under section

5 112(r) of the Clean Air Act, as amended, to the domestic

6 oil and gas exploration and production and natural gas

7 processing industry: Provided further, That none of the

8 funds appropriated under this heading may be used by the

9 Administrator or the Administrator’s designee for signing

10 and publishing a national primary drinking water regula11 tion for radon and other radionuclei: Provided further,

12 That none of the funds appropriated under this heading

13 may be used by the Administrator or the Administrator’s

14 designee for signing and publishing any proposed national

15 primary drinking water regulation for arsenic: Provided

16 further, That none of the funds appropriated under this

17 heading may be used to issue or enforce any requirement

18 not otherwise authorized under existing law or regulation

19 with respect to combustion of hazardous waste prior to

20 promulgation of final regulations pursuant to a rule21 making proceeding under the Administrative Procedure

22 Act or to impose or enforce any requirement or condition

23 of a permit, including the use of an indirect risk assess24 ment, or to deny a permit pursuant to section 3005(c)(3)

25 of the Resource Conservation and Recovery Act, as
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1 amended, unless the Environmental Protection Agency fol2 lows the procedures governing the use of authority under

3 such section which it has set forth at 56 Fed. Reg. 7145,

4 note 8, February 21, 1991: Provided further, That none

5 of the funds appropriated under this heading may be used

6 to issue or enforce any regulatory standard for maximum

7 achievable control technology (MACT) for hazardous

8 waste combustion under any statute other than the Clean

9 Air Act, as amended, issue any such standard without first

10 determining that in calculating the MACT floor emission

11 levels for existing sources under section 112(d)(3) of the

12 Clean Air Act, as amended, one-half of the currently oper13 ating facilities in the group of sources that make up the

14 floor pool for that category or subcategory actually achieve

15 the MACT floor levels for all of the hazardous air pollut16 ants to be regulated: Provided further, That none of the

17 funds appropriated under this heading may be used to

18 promulgate, implement, or enforce sections 502(d)(2),

19 502(d)(3), or 502(i)(4) of the Clean Air Act, as amended,

20 against a State which is involved in litigation regarding

21 provisions of title V of the Clean Air Act, as amended:

22 Provided further, That none of the funds appropriated

23 under this heading may be obligated or expended to re24 quire facilities to submit any data pursuant to section

25 313(a) of the Emergency Planning and Community Right-
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1 to-Know Act or section 8 of the Toxic Substances Control

2 Act, as amended, that is not specifically enumerated in

3 said sections, including mass balance, materials account4 ing, or other chemical use data: Provided further, That

5 none of the funds appropriated under this heading may

6 be used to revoke, or require the issuance of, a food addi7 tive regulation under section 409 of the Federal Food,

8 Drug and Cosmetic Act for a pesticide in processed food

9 where there is a tolerance established under section 408

10 of said Act for the pesticide on the raw commodity from

11 which the processed food was made, and may not be used

12 to revoke, or deny the issuance of, a section 408 tolerance

13 for a pesticide on a raw agricultural commodity solely on

14 the basis that a food additive regulation cannot be issued

15 or maintained under section 409 of said Act for the pes16 ticide in a processed form of the commodity: Provided fur17 ther, That none of the funds appropriated under this head18 ing may be used to exclusively regulate whole agricultural

19 plants subject to regulation by another federal agency:

20 Provided further, That none of the funds appropriated

21 under this heading may be used to obtain a voluntary envi22 ronmental audit report or to assess an administrative, civil

23 or criminal negligence penalty, in any matter subject to

24 a state law providing a privilege for voluntary environ-
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1 mental audit reports or protections or immunities for the

2 voluntary disclosure of environmental concerns.

3 PROGRAM ADMINISTRATION AND MANAGEMENT

4 For program administration and management activi5 ties, including necessary expenses for personnel and related

6 costs and travel expenses, including uniforms, or allowances

7 therefore, as authorized by 5 U.S.C. 5901–5902; services as

8 authorized by 5 U.S.C. 3109, but at rates for individuals

9 not to exceed the per diem rate equivalent to the rate for

10 GS–18; hire of passenger motor vehicles; hire, maintenance,

11 and operation of aircraft; purchase of reprints; library

12 memberships in societies or associations which issue publi13 cations to members only or at a price to members lower

14 than to subscribers who are not members; construction, al15 teration, repair, rehabilitation, and renovation of facilities,

16 not to exceed $75,000 per project; and not to exceed $6,000

17 for official reception and representation expenses;

18 $1,670,000,000, which shall remain available until Septem19 ber 30, 1997.

20 OFFICE OF INSPECTOR GENERAL

21 Ω67æ(INCLUDING TRANSFER OF FUNDS)

22 For necessary expenses of the Office of Inspector

23 General in carrying out the provisions of the Inspector

24 General Act of 1978, as amended, and for construction,

25 alteration, repair, rehabilitation, and renovation of facili-
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1 ties, not to exceed $75,000 per project, Ω68æ$28,542,000

2 $27,700,000.

3 BUILDINGS AND FACILITIES

4 For construction, repair, improvement, extension, al5 teration, and purchase of fixed equipment or facilities of,

6 or use by, the Environmental Protection Agency,

7 Ω69æ$28,820,000 $60,000,000, to remain available until

8 expended.

9 HAZARDOUS SUBSTANCE SUPERFUND

10 (INCLUDING TRANSFER OF FUNDS)

11 For necessary expenses to carry out the Comprehen12 sive Environmental Response, Compensation and Liability

13 Act of 1980 (CERCLA), as amended, including sections

14 111 (c)(3), (c)(5), (c)(6), and (e)(4) (42 U.S.C. 9611),

15 and for construction, alteration, repair, rehabilitation, and

16 renovation of facilities, not to exceed $75,000 per project;

17 not to exceed $1,003,400,000 to remain available until ex18 pended, Ω70æto be derived from general revenues consist19 ing of $753,400,000 as authorized by section 517(a) of the

20 Superfund Amendments and Reauthorization Act of 1986

21 (SARA), as amended by Public Law 101–508, and

22 $250,000,000 as a payment from general revenues to the

23 Hazardous Substance Superfund as authorized by section

24 517(b) of SARA, as amended by Public Law 101–508: Pro25 vided, That funds appropriated under this heading may

26 be allocated to other Federal agencies in accordance with
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1 section 111(a) of CERCLA: Provided further, That

2 Ω71æ$5,000,000 $11,700,000 of the funds appropriated

3 under this heading shall be transferred to the Office of

4 Inspector General appropriation to remain available until

5 September 30, 1996: Provided further, That notwithstand6 ing section 111(m) of CERCLA or any other provision of

7 law, not to exceed Ω72æ$62,000,000 $55,000,000 of the

8 funds appropriated under this heading shall be available

9 to the Agency for Toxic Substances and Disease Registry

10 to carry out activities described in sections 104(i),

11 111(c)(4), and 111(c)(14) of CERCLA and section 118(f)

12 of the Superfund Amendments and Reauthorization Act

13 of 1986: Provided further, That none of the funds appro14 priated under this heading shall be available for the Agen15 cy for Toxic Substances and Disease Registry to issue in

16 excess of 40 toxicological profiles pursuant to section

17 104(i) of CERCLA during fiscal year 1996Ω73æ:–Pro18 vided further, That no part of any appropriation made

19 under this heading shall remain available for obligation

20 beyond December 31, 1995, unless the Comprehensive En21 vironmental Response Compensation, and Liability Act of

22 1980 has been reauthorizedΩ74æ: Provided further, That

23 none of the funds made available under this heading may

24 be used by the Environmental Protection Agency to propose

25 for listing or to list any additional facilities on the Na-
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1 tional Priorities List established by section 105 of the Com2 prehensive Environmental Response, Compensation and Li3 ability Act (CERCLA), as amended (42 U.S.C. 9605), un4 less the Administrator receives a written request to propose

5 for listing or to list a facility from the Governor of the State

6 in which the facility is located, or appropriate tribal leader,

7 or unless legislation to reauthorize CERCLA is en8 actedΩ75æ: Provided further, That the Administrator shall

9 continue funding the Brownfields Economic Redevelopment

10 Initiative from available funds at a level necessary to com11 plete the award of 50 cumulative Brownfields Pilots

12 planned for award by the end of fiscal year 1996 and carry

13 out other elements of the Brownfields Action Agenda in

14 order to facilitate economic redevelopment at Brownfields

15 sites.

16 LEAKING UNDERGROUND STORAGE TANK TRUST FUND

17 (INCLUDING TRANSFER OF FUNDS)

18 For necessary expenses to carry out leaking under19 ground storage tank cleanup activities authorized by sec20 tion 205 of the Superfund Amendments and Reauthoriza21 tion Act of 1986, and for construction, alteration, repair,

22 rehabilitation, and renovation of facilities, not to exceed

23 $75,000 per project, $45,827,000, to remain available

24 until expended: Provided, That no more than

25 Ω76æ$5,285,000 $8,000,000 shall be available for adminis26 trative expenses: Provided further, That Ω77æ$426,000
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1 $600,000 shall be transferred to the Office of Inspector

2 General appropriation to remain available until September

3 30, 1996.

4 OIL SPILL RESPONSE

5 (INCLUDING TRANSFER OF FUNDS)

6 For expenses necessary to carry out the Environ7 mental Protection Agency’s responsibilities under the Oil

8 Pollution Act of 1990, Ω78æ$20,000,000 $15,000,000, to

9 be derived from the Oil Spill Liability trust fund, and to

10 remain available until expended: Provided, That not more

11 than Ω79æ$8,420,000 $8,000,000 of these funds shall be

12 available for administrative expenses.

13 Ω80æWATER INFRASTRUCTURE/STATE REVOLVING FUNDS

14 For necessary expenses for capitalization grants for

15 State Revolving Funds to support wastewater infrastruc16 ture financing, and to carry out the purposes of the Fed17 eral Water Pollution Control Act, as amended, the Water

18 Quality Act of 1987, and section 1443(a) of the Public

19 Health Service Act, $1,500,175,000, to remain available

20 until expended, of which $1,000,000,000 shall be for cap21 italization grants for Clean Water State Revolving Funds

22 under title VI of the Federal Water Pollution Control Act,

23 as amended; $100,000,000 for architectural, engineering,

24 design, construction, and related activities in connection

25 with the construction of high priority wastewater facilities

26 in the area of the United States-Mexico Border, after con-
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1 sultation with the appropriate border commissions;

2 $50,000,000 for grants to the State of Texas, which shall

3 be matched by an equal amount of State funds from State

4 sources, for the purpose of improving wastewater treat5 ment for colonias; $15,000,000 for grants to the State of

6 Alaska, subject to an appropriate cost share as determined

7 by the Administrator, to address wastewater infrastruc8 ture needs of rural and Alaska Native Villages;

9 $22,500,000 for making grants under section 104(b)(3)

10 of the Federal Water Pollution Control Act, as amended;

11 $100,000,000 for making grants under section 319 of the

12 Federal Water Pollution Control Act, as amended;

13 $75,000,000 for making grants under section 1443(a) of

14 the Public Health Service Act; and, notwithstanding any

15 other provision of law, $137,675,000 for making grants

16 for the construction of wastewater treatment facilities and

17 the development of groundwater in accordance with the

18 terms and conditions set forth in the House Report accom19 panying this Act: Provided, That of the funds made avail20 able under this heading in Public Law 103–327 and in

21 Public Law 103–124 for capitalization grants for State

22 Revolving Funds to support water infrastructure financ23 ing, $225,000,000 shall be made available for capitaliza24 tion grants for State Revolving Funds under title VI of

25 the Federal Water Pollution Control Act, as amended:
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1 Provided further, That of the funds made available under

2 this heading for capitalization grants for State Revolving

3 Funds under title VI of the Federal Water Pollution Con4 trol Act, as amended, $50,000,000 shall be for wastewater

5 treatment in impoverished communities pursuant to sec6 tion 102(d) of H.R. 961 as approved by the United States

7 House of Representatives on May 16, 1995: Provided fur8 ther, That except for grants made under section 1443(a)

9 of the Public Health Service Act, appropriations for pro10 grams and projects pursuant to the Federal Water Pollu11 tion Control Act made available under this heading shall

12 be available only upon enactment of legislation reauthoriz13 ing such Act, and appropriations for programs and

14 projects pursuant to other Acts made available under this

15 heading shall be available only upon enactment of legisla16 tion specifically authorizing such appropriations.

17 PROGRAM AND INFRASTRUCTURE ASSISTANCE

18 For environmental programs and infrastructure as19 sistance, including capitalization grants for state revolving

20 funds and performance partnership grants, $2,340,000,000,

21 to remain available until expended, of which

22 $1,500,000,000 shall be for making capitalization grants for

23 State revolving funds to support water infrastructure fi24 nancing; $100,000,000 for architectural, engineering, de25 sign, construction and related activities in connection with

26 the construction of high priority water and wastewater fa-
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1 cilities in the area of the United States-Mexico Border, after

2 consultation with the appropriate border commission;

3 $50,000,000 for grants to the State of Texas, which shall

4 be matched by an equal amount of State funds from State

5 resources, for the purpose of improving wastewater treat6 ment for colonias; and $15,000,000 for grants to the State

7 of Alaska, subject to an appropriate cost share as deter8 mined by the Administrator, to address wastewater infra9 structure needs of Alaska Native villages: Provided, That

10 beginning in fiscal year 1996 and each fiscal year there11 after, and notwithstanding any other provision of law, the

12 Administrator is authorized to make grants annually from

13 funds appropriated under this heading, subject to such

14 terms and conditions as the Administrator shall establish,

15 to any State or federally recognized Indian tribe for multi16 media or single media pollution prevention, control and

17 abatement and related environmental activities at the re18 quest of the Governor or other appropriate State official or

19 the tribe: Provided further, That from funds appropriated

20 under this heading, the Administrator may make grants to

21 federally recognized Indian governments for the develop22 ment of multimedia environmental programs: Provided fur23 ther, That of the $1,500,000,000 for capitalization grants

24 for State revolving funds to support water infrastructure

25 financing, $500,000,000 shall be for drinking water State
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1 revolving funds, but if no drinking water State revolving

2 fund legislation is enacted by April 30, 1996, these funds

3 shall immediately be available for making capitalization

4 grants under title VI of the Federal Water Pollution Control

5 Act, as amended: Provided further, That of the funds made

6 available under this heading in Public Law 103–327 and

7 in Public Law 103–124 for capitalization grants for State

8 revolving funds to support water infrastructure financing,

9 $225,000,000 shall be made available for capitalization

10 grants for State revolving funds under title VI of the Fed11 eral Water Pollution Control Act, as amended, if no drink12 ing water State revolving fund legislation is enacted by

13 April 30, 1996: Provided further, That of the funds appro14 priated in the Construction Grants and Water Infrastruc15 ture/State Revolving Funds accounts since the appropria16 tion for the fiscal year ending September 30, 1992, and

17 hereafter, for making grants for wastewater treatment works

18 construction projects, portions may be provided by the re19 cipients to States for managing construction grant activi20 ties, on condition that the States agree to reimburse the re21 cipients from State funding sources.

22 Ω81æADMINISTRATIVE PROVISIONS

23 SEC. 301. MORATORIUM ON CERTAIN EMISSIONS TESTING

24 REQUIREMENTS.

25 (a) MORATORIUM.—
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1 (1) IN GENERAL.—The Administrator of the En2 vironmental Protection Agency (referred to in this

3 subsection as the ‘‘Administrator’’) shall not require

4 adoption or implementation by a State of a test-only

5 or I/M240 enhanced vehicle inspection and mainte6 nance program as a means of compliance with section

7 182 of the Clean Air Act (42 U.S.C. 7511a), but the

8 Administrator may approve such a program if a

9 State chooses to adopt the program as a means of

10 compliance.

11 (2) REPEAL.—Paragraph (1) is repealed effective

12 as of the date that is 1 year after the date of enact13 ment of this Act.

14 (b) PLAN APPROVAL.—

15 (1) IN GENERAL.—The Administrator of the En16 vironmental Protection Agency (referred to in this

17 subsection as the ‘‘Administrator’’) shall not dis18 approve a State implementation plan revision under

19 section 182 of the Clean Air Act (42 U.S.C. 7511a)

20 on the basis of a regulation providing for a 50-per21 cent discount for alternative test-and-repair inspec22 tion and maintenance programs.

23 (2) CREDIT.—If a State provides data for a pro24 posed inspection and maintenance system for which

25 credits are appropriate under section 182 of the Clean
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1 Air Act (42 U.S.C. 7511a), the Administrator shall

2 allow the full amount of credit for the system that is

3 appropriate without regard to any regulation that

4 implements that section by requiring centralized

5 emissions testing.

6 (3) DEADLINE.—The Administrator shall com7 plete and present a technical assessment of data for

8 a proposed inspection and maintenance system sub9 mitted by a State not later than 45 days after the

10 date of submission.

11 Ω82æSEC. 302. None of the funds made available in

12 this Act may be used by the Environmental Protection

13 Agency to impose or enforce any requirement that a State

14 implement trip reduction measures to reduce vehicular

15 emissions. Section 304 of the Clean Air Act (42 U.S.C.

16 7604) shall not apply with respect to any such requirement

17 during the period beginning on the date of the enactment

18 of this Act and ending September 30, 1996.

19 Ω83æSEC. 303. None of the funds provided in this Act

20 may be used within the Environmental Protection Agency

21 for any final action by the Administrator or her delegate

22 for signing and publishing for promulgation a rule concern23 ing any new standard for arsenic (for its carcinogenic ef24 fects), sulfates, radon, ground water disinfection, or the con-
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1 taminants in phase VI B in drinking water, unless the Safe

2 Drinking Water Act of 1986 has been reauthorized.

3 Ω84æSEC. 304. None of the funds provided in this Act

4 may be used during fiscal year 1996 to sign, promulgate,

5 implement or enforce the requirement proposed as ‘‘Regula6 tion of Fuels and Fuel Additives: Individual Foreign Refin7 ery Baseline Requirements for Reformulated Gasoline’’ at

8 volume 59 of the Federal Register at pages 22800 through

9 22814.

10 Ω85æSEC. 305. None of the funds appropriated to the

11 Environmental Protection Agency for fiscal year 1996 may

12 be used to implement section 404(c) of the Federal Water

13 Pollution Control Act, as amended. No pending action by

14 the Environmental Protection Agency to implement section

15 404(c) with respect to an individual permit shall remain

16 in effect after the date of enactment of this Act.

17 Ω86æSEC. 306. Notwithstanding any other provision

18 of law, for this fiscal year and hereafter, an industrial dis19 charger that is a pharmaceutical manufacturing facility

20 and discharged to the Kalamazoo Water Reclamation Plant

21 (an advanced wastewater treatment plant with activated

22 carbon) prior to the date of enactment of this Act may be

23 exempted from categorical pretreatment standards under

24 section 307(b) of the Federal Water Pollution Control Act,

25 as amended, if the following conditions are met: (1) the
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1 owner or operator of the Kalamazoo Water Reclamation

2 Plant applies to the State of Michigan for an exemption

3 for such industrial discharger, (2) the State or Adminis4 trator, as applicable, approves such exemption request based

5 upon a determination that the Kalamazoo Water Reclama6 tion Plant will provide treatment and pollution removal

7 consistent with or better than treatment and pollution re8 moval requirements set forth by the Environmental Protec9 tion Agency, the State determines that the total removal of

10 each pollutant released into the environment will not be

11 lesser than the total removal of such pollutants that would

12 occur in the absence of the exemption, and (3) compliance

13 with paragraph (2) is addressed by the provisions and con14 ditions of a permit issued to the Kalamazoo Water Rec15 lamation Plant under section 402 of such Act, and there

16 exists an operative financial contract between the City of

17 Kalamazoo and the industrial user and an approved local

18 pretreatment program, including a joint monitoring pro19 gram and local controls to prevent against interference and

20 pass through.

21 Ω87æSEC. 307. No funds appropriated by this Act may

22 be used during fiscal year 1996 to enforce the requirements

23 of section 211(m)(2) of the Clean Air Act that require fuel

24 refiners, marketers, or persons who sell or dispense fuel to

25 ultimate consumers in any carbon monoxide nonattainment
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1 area in Alaska to use methyl tertiary butyl ether (MTBE)

2 to meet the oxygen requirements of that section.

3 Ω88æSEC. 308. None of the funds appropriated under

4 this Act may be used to implement the requirements of sec5 tion 186(b)(2), section 187(b) or section 211(m) of the Clean

6 Air Act (42 U.S.C. 7512(b)(2), 7512a(b), or 7545(m)) with

7 respect to any moderate nonattainment area in which the

8 average daily winter temperature is below 0 degrees Fahr9 enheit. The preceding sentence shall not be interpreted to

10 preclude assistance from the Environmental Protection

11 Agency to the State of Alaska to make progress toward meet12 ing the carbon monoxide standard in such areas and to re13 solve remaining issues regarding the use of oxygenated fuels

14 in such areas.

15 Ω89æSEC. 309. ENERGY EFFICIENCY AND ENERGY

16 SUPPLY PROGRAMS.

17 (a) PRIORITY FOR SMALL BUSINESSES.—During fis18 cal year 1996 the Administrator of the Environmental Pro19 tection Agency shall give priority in providing assistance

20 in its Energy Efficiency and Energy Supply programs to

21 organizations that are recognized as small business concerns

22 under section 3(a) of the Small Business Act (15 U.S.C.

23 632(a)).

24 (b) STUDY.—The Administrator shall perform a study

25 to determine the feasibility of establishing fees to recover
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1 all reasonable costs incurred by EPA for assistance rendered

2 businesses in its Energy Efficiency and Energy Supply

3 program. The study shall include, among other things, an

4 evaluation of making the Energy Efficiency and Energy

5 Supply Program self-sustaining, the value of the assistance

6 rendered to businesses, providing exemptions for small busi7 nesses, and making the fees payable directly to a fund that

8 would be available for use by EPA as needed for this pro9 gram. The Administrator shall report to Congress by March

10 15, 1996 on the results of this study and EPA’s plan for

11 implementation.

12 (c) FUNDING.—For fiscal year 1996, up to

13 $100,000,000 of the funds appropriated to the Environ14 mental Protection Agency may be used by the Adminis15 trator to support global participation in the Montreal Pro16 tocol facilitation fund and for the climate change action

17 plan programs including the green programs.

18 Ω90æSEC. 310. The Administrator of the Environ19 mental Protection Agency shall not, under authority of sec20 tion 6 of the Toxic Substances Control Act (15 U.S.C.

21 2605), take final action on the proposed rule dated Feb22 ruary 28, 1994 (59 Fed. Reg. 11122 (March 9, 1994)) to

23 prohibit or otherwise restrict the manufacturing, process24 ing, distributing, or use of any fishing sinkers or lures con25 taining lead, zinc, or brass unless the Administrator finds
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1 that the risk to waterfowl cannot be addressed through alter2 native means in which case, the rule making may proceed

3 180 days after Congress is notified of the finding.

4 Ω91æSEC. 11. Not later than 90 days after the date

5 of enactment of this Act, the Administrator of the Environ6 mental Protection Agency (EPA) shall enter into an ar7 rangement with the National Academy of Sciences to inves8 tigate and report on the scientific bases for the public rec9 ommendations of the EPA with respect to indoor radon and

10 other naturally occurring radioactive materials (NORM).

11 The National Academy shall examine EPA’s guidelines in

12 light of the recommendations of the National Council on

13 Radiation Protection and Measurements, and other peer14 reviewed research by the National Cancer Institute, the Cen15 ters for Disease Control, and others, on radon and NORM.

16 The National Academy shall summarize the principal areas

17 of agreement and disagreement among the above, and shall

18 evaluate the scientific and technical basis for any dif19 ferences that exist. Not later than 18 months after the date

20 of enactment of this Act, the Administrator shall submit

21 to Congress the report of the National Academy and a state22 ment of the Administrator’s views on the need to revise

23 guidelines for radon and NORM in response to the evalua24 tion of the National Academy. Such statement shall explain
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1 and differentiate the technical and policy bases for such

2 views.

3 Ω92æSEC. 312. EPA Research and Development Ac4 tivities and Staffing.

5 (a) STAR PROGRAM.—The Administrator of the Envi6 ronmental Protection Agency may not use any funds made

7 available under this Act to implement the Science to

8 Achieve Results (STAR) program unless—

9 (1) the use of the funds would not reduce any

10 funding available to the laboratories of the Agency for

11 staffing, cooperative agreements, grants, or support

12 contracts; or

13 (2) the Appropriations committees of the Senate

14 and House of Representatives grant prior approval.

15 Transfers of funds to support STAR activities shall be

16 considered a reprogramming of funds. Further, said

17 approval shall be contingent upon submission of a re18 port to the Committees as specified in section (c)(2)

19 below.

20 (b) CONTRACTOR CONVERSION.—The Administrator of

21 the Environmental Protection Agency may not use any

22 funds to—

23 (1) hire employees and create any new staff posi24 tions under the contractor conversion program in the

25 Office of Research and Development.
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1 (c) REPORT.—Not later than January 1, 1996, the Ad2 ministrator shall submit to the Appropriations Committees

3 of the Senate and House of Representatives a report

4 which—

5 (1) provides a staffing plan for the Office of Re6 search and Development indicating the use of Federal

7 and contract employees;

8 (2) identifies the amount of funds to be repro9 grammed to STAR activities; and

10 (3) provides a listing of any resource reductions

11 below fiscal year 1995 funding levels, by specific lab12 oratory, from Federal staffing, cooperative agree13 ments, grants, or support contracts as a result of

14 funding for the STAR program.

15 EXECUTIVE OFFICE OF THE PRESIDENT

16 OFFICE OF SCIENCE AND TECHNOLOGY POLICY

17 For necessary expenses of the Office of Science and

18 Technology Policy, in carrying out the purposes of the Na19 tional Science and Technology Policy, Organization, and

20 Priorities Act of 1976 (42 U.S.C. 6601 and 6671), hire

21 of passenger motor vehicles, services as authorized by 5

22 U.S.C. 3109, not to exceed $2,500 for official reception

23 and representation expenses, and rental of conference

24 rooms in the District of Columbia, $4,981,000: Provided,

25 That the Office of Science and Technology Policy shall
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1 reimburse other agencies for not less than one-half of the

2 personnel compensation costs of individuals detailed to it.

3 COUNCIL ON ENVIRONMENTAL QUALITY AND OFFICE OF

4 ENVIRONMENTAL QUALITY

5 Ω93æTo carry out the orderly termination of the pro6 grams and activities authorized by For necessary expenses

7 to continue functions assigned to the Council on Environ8 mental Quality and Office of Environmental Quality pur9 suant to the National Environmental Policy Act of 1969,

10 the Environmental Improvement Act of 1970 and Reorga11 nization Plan No. 1 of 1977, $1,000,000.

12 FEDERAL EMERGENCY MANAGEMENT AGENCY

13 Ω94æDISASTER RELIEF

14 For necessary expenses in carrying out the functions

15 of the Robert T. Stafford Disaster Relief and Emergency

16 Assistance Act (42 U.S.C. 5121 et seq.), $235,500,000,

17 to remain available until expended.

18 DISASTER ASSISTANCE DIRECT LOAN PROGRAM ACCOUNT

19 For the cost of direct loans, $2,155,000, as author20 ized by section 319 of the Robert T. Stafford Disaster Re21 lief and Emergency Assistance Act (42 U.S.C. 5121 et

22 seq.): Provided, That such costs, including the cost of

23 modifying such loans, shall be as defined in section 502

24 of the Congressional Budget Act of 1974, as amended:

25 Provided further, That these funds are available to sub-
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1 sidize gross obligations for the principal amount of direct

2 loans not to exceed $25,000,000.

3 In addition, for administrative expenses to carry out

4 the direct loan program, $95,000.

5 SALARIES AND EXPENSES

6 For necessary expenses, not otherwise provided for,

7 including hire and purchase of motor vehicles (31 U.S.C.

8 1343); uniforms, or allowances therefor, as authorized by

9 5 U.S.C. 5901–5902; services as authorized by 5 U.S.C.

10 3109, but at rates for individuals not to exceed the per

11 diem rate equivalent to the rate for GS–18; expenses of

12 attendance of cooperating officials and individuals at

13 meetings concerned with the work of emergency prepared14 ness; transportation in connection with the continuity of

15 Government programs to the same extent and in the same

16 manner as permitted the Secretary of a Military Depart17 ment under 10 U.S.C. 2632; and not to exceed $2,500

18 for official reception and representation expenses;

19 Ω95æ$162,000,000 $168,900,000.

20 OFFICE OF THE INSPECTOR GENERAL

21 For necessary expenses of the Office of the Inspector

22 General in carrying out the provisions of the Inspector

23 General Act of 1978, as amended, Ω96æ$4,400,000

24 $4,673,000.
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1 EMERGENCY MANAGEMENT PLANNING AND ASSISTANCE

2 For necessary expenses, not otherwise provided for,

3 to carry out activities under the National Flood Insurance

4 Act of 1968, as amended, and the Flood Disaster Protec5 tion Act of 1973, as amended (42 U.S.C. 4001 et seq.),

6 the Robert T. Stafford Disaster Relief and Emergency As7 sistance Act (42 U.S.C. 5121 et seq.), the Earthquake

8 Hazards Reduction Act of 1977, as amended (42 U.S.C.

9 7701 et seq.), the Federal Fire Prevention and Control

10 Act of 1974, as amended (15 U.S.C. 2201 et seq.),

11 Ω97æthe Federal Civil Defense Act of 1950, as amended

12 (50 U.S.C. App. 2251 et seq.), the Defense Production

13 Act of 1950, as amended (50 U.S.C. App. 2061 et seq.),

14 sections 107 and 303 of the National Security Act of

15 1947, as amended (50 U.S.C. 404–405), and Reorganiza16 tion Plan No. 3 of 1978, $203,044,000.

17 EMERGENCY FOOD AND SHELTER PROGRAM

18 There is hereby appropriated Ω98æ$100,000,000

19 $114,173,000 to the Federal Emergency Management

20 Agency to carry out an emergency food and shelter pro21 gram pursuant to title III of Public Law 100–77, as

22 amended: Provided, That total administrative costs shall

23 not exceed three and one-half per centum of the total ap24 propriation.
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1 NATIONAL FLOOD INSURANCE FUND

2 For activities under the National Flood Insurance

3 Act of 1968, the Flood Disaster Protection Act of 1973,

4 and the National Flood Insurance Reform Act of 1994,

5 not to exceed $20,562,000 for salaries and expenses asso6 ciated with flood mitigation and flood insurance oper7 ations, and not to exceed $70,464,000 for flood mitigation,

8 including up to $12,000,000 for expenses under section

9 1366 of the National Flood Insurance Act of 1968, as

10 amended, which amount shall be available until September

11 30, 1997. In fiscal year 1996, no funds in excess of (1)

12 $47,000,000 for operating expenses, (2) $292,526,000 for

13 agents’ commissions and taxes, and (3) $3,500,000 for in14 terest on Treasury borrowings shall be available from the

15 National Flood Insurance Fund without prior notice to the

16 Committees on Appropriations Ω99æ:–Provided, That none

17 of the funds appropriated in this Act for the Federal

18 Emergency Management Agency (FEMA) shall be avail19 able for any further work on effective Flood Insurance

20 Rate Maps for the City of Stockton and San Joaquin

21 County, California based on FEMA’s restudy of flood haz22 ards on South Paddy Creek, Middle Paddy Creek, Paddy

23 Creek, Bear Creek, Mosher Slough, Calaveras River, Pot24 ter A Slough, Potter B Slough, Mormon Slough, and the

25 Diversion Channel.
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1 ADMINISTRATIVE PROVISION

2 The Director of the Federal Emergency Management

3 Agency shall promulgate through rulemaking a methodol4 ogy for assessment and collection of fees to be assessed

5 and collected beginning in fiscal year 1996 applicable to

6 persons subject to the Federal Emergency Management

7 Agency’s radiological emergency preparedness regulations.

8 The aggregate charges assessed pursuant to this section

9 during fiscal year 1996 shall approximate, but not be less

10 than, 100 per centum of the amounts anticipated by the

11 Federal Emergency Management Agency to be obligated

12 for its radiological emergency preparedness program for

13 such fiscal year. The methodology for assessment and col14 lection of fees shall be fair and equitable, and shall reflect

15 the full amount of costs of providing radiological emer16 gency planning, preparedness, response and associated

17 services. Such fees will be assessed in a manner that re18 flects the use of agency resources for classes of regulated

19 persons and the administrative costs of collecting such

20 fees. Fees received pursuant to this section shall be depos21 ited in the general fund of the Treasury as offsetting re22 ceipts. Assessment and collection of such fees are only au23 thorized during fiscal year 1996.
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1 GENERAL SERVICES ADMINISTRATION

2 CONSUMER INFORMATION CENTER

3 For necessary expenses of the Consumer Information

4 Center, including services authorized by 5 U.S.C. 3109,

5 $2,061,000, to be deposited into the Consumer Informa6 tion Center Fund: Provided, That the appropriations, rev7 enues and collections deposited into the fund shall be

8 available for necessary expenses of Consumer Information

9 Center activities in the aggregate amount of $7,500,000.

10 Administrative expenses of the Consumer Information

11 Center in fiscal year 1996 shall not exceed

12 Ω100æ$2,502,000 $2,602,000. Appropriations, revenues,

13 and collections accruing to this fund during fiscal year

14 1996 in excess of $7,500,000 shall remain in the fund and

15 shall not be available for expenditure except as authorized

16 in appropriations Acts.

17 Ω101æDEPARTMENT OF HEALTH AND HUMAN SERVICES

18 OFFICE OF CONSUMER AFFAIRS

19 For necessary expenses of the Office of Consumer Af20 fairs, including services authorized by 5 U.S.C. 3109,

21 $1,811,000: Provided, That notwithstanding any other

22 provision of law, that Office may accept and deposit to

23 this account, during fiscal year 1996, gifts for the purpose

24 of defraying its costs of printing, publishing, and distrib25 uting consumer information and educational materials;
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1 may expend up to $1,110,000 of those gifts for those pur2 poses, in addition to amounts otherwise appropriated; and

3 the balance shall remain available for expenditure for such

4 purposes to the extent authorized in subsequent appro5 priations Acts: Provided further, That none of the funds

6 provided under this heading may be made available for

7 any other activities within the Department of Health and

8 Human Services.

9 NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

10 HUMAN SPACE FLIGHT

11 For necessary expenses, not otherwise provided for,

12 in the conduct and support of human space flight research

13 and development activities, including research; develop14 ment; operations; services; maintenance; construction of

15 facilities including repair, rehabilitation, and modification

16 of real and personal property, and acquisition or con17 demnation of real property, as authorized by law; space

18 flight, spacecraft control and communications activities in19 cluding operations, production, and services; and pur20 chase, lease, charter, maintenance, and operation of mis21 sion and administrative aircraft; Ω102æ$5,449,600,000

22 $5,337,600,000, to remain available until September 30,

23 1997 Ω103æ:—Provided, That of the funds made available

24 under this heading, $390,000,000 of funds provided for

25 Space Station shall not become available for obligation
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1 until August 1, 1996 and shall remain available for obliga2 tion until September 30, 1997.

3 SCIENCE, AERONAUTICS AND TECHNOLOGY

4 For necessary expenses, not otherwise provided for,

5 for the conduct and support of science, aeronautics, and

6 technology research and development activities, including

7 research; development; operations; services; maintenance;

8 construction of facilities including repair, rehabilitation

9 and modification of real and personal property, and acqui10 sition or condemnation of real property, as authorized by

11 law; space flight, spacecraft control and communications

12 activities including operations, production, and services;

13 and purchase, lease, charter, maintenance, and operation

14 of mission and administrative aircraft;

15 Ω104æ$5,588,000,000 $5,960,700,000, to remain available

16 until September 30, 1997.

17 MISSION SUPPORT

18 For necessary expenses, not otherwise provided for,

19 in carrying out mission support for human space flight

20 programs and science, aeronautical, and technology pro21 grams, including research operations and support; space

22 communications activities including operations, produc23 tion, and services; maintenance; construction of facilities

24 including repair, rehabilitation, and modification of facili25 ties, minor construction of new facilities and additions to

26 existing facilities, facility planning and design, environ-
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1 mental compliance and restoration, and acquisition or con2 demnation of real property, as authorized by law; program

3 management; personnel and related costs, including uni4 forms or allowances therefor, as authorized by law (5

5 U.S.C. 5901–5902); travel expenses; purchase, lease,

6 charter, maintenance, and operation of mission and ad7 ministrative aircraft; not to exceed $35,000 for official re8 ception and representation expenses; and purchase (not to

9 exceed thirty-three for replacement only) and hire of pas10 senger motor vehicles; Ω105æ$2,618,200,000

11 $2,484,200,000, to remain available until September 30,

12 1997.

13 OFFICE OF INSPECTOR GENERAL

14 For necessary expenses of the Office of the Inspector

15 General in carrying out the provisions of the Inspector

16 General Act of 1978, as amended, $16,000,000.

17 ADMINISTRATIVE PROVISIONS

18 (INCLUDING TRANSFER OF FUNDS)

19 Notwithstanding the limitation on the availability of

20 funds appropriated for ‘‘Human space flight’’, ‘‘Science,

21 aeronautics and technology’’, or ‘‘Mission support’’ by this

22 appropriations Act, when any activity has been initiated

23 by the incurrence of obligations for construction of facili24 ties as authorized by law, the amount available for such

25 activity shall remain available until expended. This provi26 sion does not apply to the amounts appropriated in ‘‘Mis-
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1 sion support’’ pursuant to the authorization for repair, re2 habilitation and modification of facilities, minor construc3 tion of new facilities and additions to existing facilities,

4 and facility planning and design.

5 Notwithstanding the limitation on the availability of

6 funds appropriated for ‘‘Human space flight’’, ‘‘Science,

7 aeronautics and technology’’, or ‘‘Mission support’’ by this

8 appropriations Act, the amounts appropriated for con9 struction of facilities shall remain available until Septem10 ber 30, 1998.

11 Notwithstanding the limitation on the availability of

12 funds appropriated for ‘‘Mission support’’ and ‘‘Office of

13 Inspector General’’, amounts made available by this Act

14 for personnel and related costs and travel expenses of the

15 National Aeronautics and Space Administration shall re16 main available until September 30, 1996 and may be used

17 to enter into contracts for training, investigations, cost as18 sociated with personnel relocation, and for other services,

19 to be provided during the next fiscal year.

20 Ω106æNo amount appropriated pursuant to this or

21 any other Act may be used for the lease or construction

22 of a new contractor funded facility for exclusive use in

23 support of a contract or contracts with the National Aero24 nautics and Space Administration under which the Admin25 istration would be required to substantially amortize
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1 through payment or reimbursement such contractor in

2 vestment, unless an appropirations Act specifies the lease

3 or contract pursuant to which such facilities are to be con4 structed or leased or such facility is otherwise identified

5 in such Act. The Administrator may authorize such facil6 ity lease or construction, if he determines, in consultation

7 with the Committees on Appropriations, that deferral of

8 such action until the enactment of the next appropriations

9 Act would be inconsistent with the interest of the Nation

10 in aeronautical and space activities.

11 The unexpired balances of prior appropriations to

12 NASA for activities for which funds are provided under

13 this Act may be transferred to the new account established

14 for the appropriation that provides funds for such activity

15 under this Act. Balances so transferred may be merged

16 with funds in the newly established account and thereafter

17 may be accounted for as one fund to be available for the

18 same purposes and under the same terms and conditions.

19 Notwithstanding any other provision of law or regula20 tion, the National Aeronautics and Space Administration

21 shall convey, without reimbursement, to the State of Mis22 sissippi, all rights, title and interest of the United States

23 in the property known as the Yellow Creek Facility and

24 consisting of approximately 1,200 acres near the city of

25 Iuka, Mississippi, including all improvements thereon and
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1 also including any personal property owned by NASA that

2 is currently located on-site and which the State of Mis3 sissippi requires to facilitate the transfer: Provided, That

4 appropriated funds shall be used to effect this conveyance:

5 Provided further, That $10,000,000 in appropriated funds

6 otherwise available to the National Aeronautics and Space

7 Administration shall be transferred to the State of Mis8 sissippi to be used in the transition of the facility Ω107æ:

9 Provided further, That each Federal agency with prior con10 tact to the site shall remain responsible for any and all

11 environmental remediation made necessary as a result of

12 its activities on the site: Provided further, That in consider13 ation of this conveyance, the National Aeronautics and

14 Space Administration may require such other terms and

15 conditions as the Administrator deems appropriate to pro16 tect the interests of the United States: Provided further,

17 That the conveyance of the site and the transfer of the

18 funds to the State of Mississippi shall occur not later than

19 thirty days from the date of enactment of this Act.

20 Ω108æThe Administrator of the National Aeronauties

21 and Space Administration shall conduct a study of the

22 closing or re-structuring of Space Flight Centers and Re23 search Centers. The study shall include an analysis of

24 functions currently being performed at each Center, the

25 cost of performing each function at its current location
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1 and at logical alternative Centers, the schedule for

2 transitioning functions to alternative Centers, and the

3 overall cost savings which will be derived from the closing

4 or re-structuring of each Center. The findings of the

5 study, including a detailed schedule for completion of the

6 re-structuring, shall be submitted to the Congress no later

7 than March 31, 1996. Closure or re-structuring of these

8 Centers shall be completed no later than October 1, 1998.

9 Ω109æOf the funds made available by this Act under

10 the heading ‘‘Human Space Flight’’, $390,000,000 of funds

11 provided for Space Station shall not become available for

12 obligation until August 1, 1996 and shall remain available

13 for obligation until September 30, 1997.

14 NATIONAL CREDIT UNION ADMINISTRATION

15 CENTRAL LIQUIDITY FACILITY

16 During fiscal year 1996, gross obligations of the

17 Central Liquidity Facility for the principal amount of new

18 direct loans to member credit unions as authorized by the

19 National Credit Union Central Liquidity Facility Act (12

20 U.S.C. 1795) shall not exceed $600,000,000: Provided,

21 That administrative expenses of the Central Liquidity Fa22 cility in fiscal year 1996 shall not exceed $560,000.
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1 NATIONAL SCIENCE FOUNDATION

2 RESEARCH AND RELATED ACTIVITIES

3 For necessary expenses in carrying out the purposes

4 of the National Science Foundation Act of 1950, as

5 amended (42 U.S.C. 1861–1875), and the Act to establish

6 a National Medal of Science (42 U.S.C. 1880–1881); serv7 ices as authorized by 5 U.S.C. 3109; maintenance and op8 eration of aircraft and purchase of flight services for re9 search support; acquisition of aircraft;

10 Ω110æ$2,254,000,000 $2,294,000,000, of which not to ex11 ceed $235,000,000 shall remain available until expended

12 for Polar research and operations support, and for reim13 bursement to other Federal agencies for operational and

14 science support and logistical and other related activities

15 for the United States Antarctic program; the balance to

16 remain available until September 30, 1997: Provided,

17 That receipts for scientific support services and materials

18 furnished by the National Research Centers and other Na19 tional Science Foundation supported research facilities

20 may be credited to this appropriation: Provided further,

21 That to the extent that the amount appropriated is less

22 than the total amount authorized to be appropriated for

23 included program activities, all amounts, including floors

24 and ceilings, specified in the authorizing Act for those pro-
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1 gram activities or their subactivities shall be reduced pro2 portionally.

3 MAJOR RESEARCH EQUIPMENT

4 For necessary expenses in carrying out major con5 struction projects, and related expenses, pursuant to the

6 purposes of the National Science Foundation Act of 1950,

7 as amended (42 U.S.C. 1861–1875), $70,000,000, to re8 main available until expended.

9 ACADEMIC RESEARCH INFRASTRUCTURE

10 For necessary expenses in carrying out an academic

11 research infrastructure program pursuant to the purposes

12 of the National Science Foundation Act of 1950, as

13 amended (42 U.S.C. 1861–1875), including services as

14 authorized by 5 U.S.C. 3109 and rental of conference

15 rooms in the District of Columbia, $100,000,000, to re16 main available until September 30, 1997.

17 EDUCATION AND HUMAN RESOURCES

18 For necessary expenses in carrying out science and

19 engineering education and human resources programs and

20 activities pursuant to the purposes of the National Science

21 Foundation Act of 1950, as amended (42 U.S.C. 1861–

22 1875), including services as authorized by 5 U.S.C. 3109

23 and rental of conference rooms in the District of Colum24 bia, $599,000,000, to remain available until September

25 30, 1997: Provided, That to the extent that the amount

26 of this appropriation is less than the total amount author-
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1 ized to be appropriated for included program activities, all

2 amounts, including floors and ceilings, specified in the au3 thorizing Act for those program activities or their

4 subactivities shall be reduced proportionally.

5 SALARIES AND EXPENSES

6 For necessary salaries and expenses in carrying out

7 the purposes of the National Science Foundation Act of

8 1950, as amended (42 U.S.C. 1861–1875); services au9 thorized by 5 U.S.C. 3109; hire of passenger motor vehi10 cles; not to exceed $9,000 for official reception and rep11 resentation expenses; uniforms or allowances therefor, as

12 authorized by law (5 U.S.C. 5901–5902); rental of con13 ference rooms in the District of Columbia; reimbursement

14 of the General Services Administration for security guard

15 services; $127,310,000: Provided, That contracts may be

16 entered into under salaries and expenses in fiscal year

17 1996 for maintenance and operation of facilities, and for

18 other services, to be provided during the next fiscal year.

19 OFFICE OF INSPECTOR GENERAL

20 For necessary expenses of the Office of Inspector

21 General in carrying out the provisions of the Inspector

22 General Act of 1978, as amended, $4,490,000, to remain

23 available until September 30, 1997.
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1 NATIONAL SCIENCE FOUNDATION HEADQUARTERS

2 RELOCATION

3 For necessary support of the relocation of the Na4 tional Science Foundation, $5,200,000: Provided, That

5 these funds shall be used to reimburse the General Serv6 ices Administration for services and related acquisitions

7 in support of relocating the National Science Foundation.

8 NEIGHBORHOOD REINVESTMENT CORPORATION

9 PAYMENT TO THE NEIGHBORHOOD REINVESTMENT

10 CORPORATION

11 For payment to the Neighborhood Reinvestment Cor12 poration for use in neighborhood reinvestment activities,

13 as authorized by the Neighborhood Reinvestment Corpora14 tion Act (42 U.S.C. 8101–8107), $38,667,000.

15 SELECTIVE SERVICE SYSTEM

16 SALARIES AND EXPENSES

17 For necessary expenses of the Selective Service Sys18 tem, including expenses of attendance at meetings and of

19 training for uniformed personnel assigned to the Selective

20 Service System, as authorized by law (5 U.S.C. 4101–

21 4118) for civilian employees; and not to exceed $1,000 for

22 official reception and representation expenses;

23 $22,930,000: Provided, That during the current fiscal

24 year, the President may exempt this appropriation from

25 the provisions of 31 U.S.C. 1341, whenever he deems such
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1 action to be necessary in the interest of national defense:

2 Provided further, That none of the funds appropriated by

3 the Act may be expended for or in connection with the

4 induction of any person into the Armed Forces of the

5 United States.

6 Ω111æDEPARTMENT OF JUSTICE

7 FAIR HOUSING AND EQUAL OPPORTUNITY

8 FAIR HOUSING ACTIVITIES

9 For contracts, grants, and other assistance, not other10 wise provided for, as authorized by title VIII of the Civil

11 Rights Act of 1968, as amended by the Fair Housing

12 Amendments Act of 1988, and for contracts with qualified

13 fair housing enforcement organizations, as authorized by

14 section 561 of the Housing and Community Development

15 Act of 1987, as amended by the Housing and Community

16 Development Act of 1992, $30,000,000, to remain available

17 until September 30, 1997.

18 All functions, activities and responsibilities of the Sec19 retary of Housing and Urban Development relating to title

20 VIII of the Civil Rights Act of 1968, as amended by the

21 Fair Housing Amendments Act of 1988, and the Fair Hous22 ing Act, including any rights guaranteed under the Fair

23 Housing Act (including any functions relating to the Fair

24 Housing Initiatives program under section 561 of the Hous25 ing and Community Development Act of 1987), are hereby
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1 transferred to the Attorney General of the United States ef2 fective April 1, 1997: Provided, That none of the aforemen3 tioned authority or responsibility for enforcement of the

4 Fair Housing Act shall be transferred to the Attorney Gen5 eral until adequate personnel and resources allocated to

6 such activity at the Department of Housing and Urban De7 velopment are transferred to the Department of Justice.

8 Ω112æDEPARTMENT OF THE TREASURY

9 OFFICE OF FEDERAL HOUSING ENTERPRISE OVERSIGHT

10 For carrying out the Federal Housing Enterprise Fi11 nancial Safety and Soundness Act of 1992, $14,895,000, to

12 remain available until expended, for the Federal Housing

13 Enterprise Oversight Fund: Provided, That such funds shall

14 be collected as authorized by sections 1316(a) and (b) of

15 such Act, and deposited in the Fund under section 1316(f)

16 of such Act: Provided further, That notwithstanding any

17 other provision of law, the Secretary of the Treasury shall

18 have all powers and rights of the Director and the Fund

19 shall be within the Department of the Treasury.

20 TITLE IV

21 CORPORATIONS

22 Corporations and agencies of the Department of

23 Housing and Urban Development which are subject to the

24 Government Corporation Control Act, as amended, are

25 hereby authorized to make such expenditures, within the
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1 limits of funds and borrowing authority available to each

2 such corporation or agency and in accord with law, and

3 to make such contracts and commitments without regard

4 to fiscal year limitations as provided by section 104 of the

5 Act as may be necessary in carrying out the programs set

6 forth in the budget for 1996 for such corporation or agen7 cy except as hereinafter provided: Provided, That collec8 tions of these corporations and agencies may be used for

9 new loan or mortgage purchase commitments only to the

10 extent expressly provided for in this Act (unless such loans

11 are in support of other forms of assistance provided for

12 in this or prior appropriations Acts), except that this pro13 viso shall not apply to the mortgage insurance or guaranty

14 operations of these corporations, or where loans or mort15 gage purchases are necessary to protect the financial in16 terest of the United States Government.

17 RESOLUTION TRUST CORPORATION

18 OFFICE OF INSPECTOR GENERAL

19 For necessary expenses of the Office of Inspector

20 General in carrying out the provisions of the Inspector

21 General Act of 1978, as amended, $11,400,000.

22 TITLE V

23 GENERAL PROVISIONS

24 Ω113æSECTION SEC. 501. Where appropriations in ti25 tles I, II, and III of this Act are expendable for travel
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1 expenses and no specific limitation has been placed there2 on, the expenditures for such travel expenses may not ex3 ceed the amounts set forth therefor in the budget esti4 mates submitted for the appropriations: Provided, That

5 this section shall not apply to travel performed by uncom6 pensated officials of local boards and appeal boards of the

7 Selective Service System; to travel performed directly in

8 connection with care and treatment of medical bene9 ficiaries of the Department of Veterans Affairs; to travel

10 performed in connection with major disasters or emer11 gencies declared or determined by the President under the

12 provisions of the Robert T. Stafford Disaster Relief and

13 Emergency Assistance Act; to travel performed by the Of14 fices of Inspector General in connection with audits and

15 investigations; or to payments to interagency motor pools

16 where separately set forth in the budget schedules: Pro17 vided further, That if appropriations in titles I, II, and

18 III exceed the amounts set forth in budget estimates ini19 tially submitted for such appropriations, the expenditures

20 for travel may correspondingly exceed the amounts there21 for set forth in the estimates in the same proportion.

22 SEC. 502. Appropriations and funds available for the

23 administrative expenses of the Department of Housing

24 and Urban Development and the Selective Service System

25 shall be available in the current fiscal year for purchase
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1 of uniforms, or allowances therefor, as authorized by law

2 (5 U.S.C. 5901–5902); hire of passenger motor vehicles;

3 and services as authorized by 5 U.S.C. 3109.

4 SEC. 503. Funds of the Department of Housing and

5 Urban Development subject to the Government Corpora6 tion Control Act or section 402 of the Housing Act of

7 1950 shall be available, without regard to the limitations

8 on administrative expenses, for legal services on a contract

9 or fee basis, and for utilizing and making payment for

10 services and facilities of Federal National Mortgage Asso11 ciation, Government National Mortgage Association, Fed12 eral Home Loan Mortgage Corporation, Federal Financ13 ing Bank, Resolution Trust Corporation, Federal Reserve

14 banks or any member thereof, Federal Home Loan banks,

15 and any insured bank within the meaning of the Federal

16 Deposit Insurance Corporation Act, as amended (12

17 U.S.C. 1811–1831).

18 SEC. 504. No part of any appropriation contained in

19 this Act shall remain available for obligation beyond the

20 current fiscal year unless expressly so provided herein.

21 SEC. 505. No funds appropriated by this Act may be

22 expended—

23 (1) pursuant to a certification of an officer or

24 employee of the United States unless—
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1 (A) such certification is accompanied by,

2 or is part of, a voucher or abstract which de3 scribes the payee or payees and the items or

4 services for which such expenditure is being

5 made, or

6 (B) the expenditure of funds pursuant to

7 such certification, and without such a voucher

8 or abstract, is specifically authorized by law;

9 and

10 (2) unless such expenditure is subject to audit

11 by the General Accounting Office or is specifically

12 exempt by law from such audit.

13 SEC. 506. None of the funds provided in this Act to

14 any department or agency may be expended for the trans15 portation of any officer or employee of such department

16 or agency between his domicile and his place of employ17 ment, with the exception of any officer or employee au18 thorized such transportation under title 31, United States

19 Code, section 1344.

20 SEC. 507. None of the funds provided in this Act may

21 be used for payment, through grants or contracts, to re22 cipients that do not share in the cost of conducting re23 search resulting from proposals not specifically solicited

24 by the Government: Provided, That the extent of cost

25 sharing by the recipient shall reflect the mutuality of in-
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1 terest of the grantee or contractor and the Government

2 in the research.

3 SEC. 508. None of the funds provided in this Act may

4 be used, directly or through grants, to pay or to provide

5 reimbursement for payment of the salary of a consultant

6 (whether retained by the Federal Government or a grant7 ee) at more than the daily equivalent of the rate paid for

8 Level IV of the Executive Schedule, unless specifically au9 thorized by law.

10 SEC. 509. None of the funds in this Act shall be used

11 to pay the expenses of, or otherwise compensate, non-Fed12 eral parties intervening in regulatory or adjudicatory pro13 ceedings. Nothing herein affects the authority of the

14 Consumer Product Safety Commission pursuant to section

15 7 of the Consumer Product Safety Act (15 U.S.C. 2056

16 et seq.).

17 SEC. 510. Except as otherwise provided under exist18 ing law or under an existing Executive order issued pursu19 ant to an existing law, the obligation or expenditure of

20 any appropriation under this Act for contracts for any

21 consulting service shall be limited to contracts which are

22 (1) a matter of public record and available for public in23 spection, and (2) thereafter included in a publicly available

24 list of all contracts entered into within twenty-four months

25 prior to the date on which the list is made available to
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1 the public and of all contracts on which performance has

2 not been completed by such date. The list required by the

3 preceding sentence shall be updated quarterly and shall

4 include a narrative description of the work to be per5 formed under each such contract.

6 SEC. 511. Except as otherwise provided by law, no

7 part of any appropriation contained in this Act shall be

8 obligated or expended by any executive agency, as referred

9 to in the Office of Federal Procurement Policy Act (41

10 U.S.C. 401 et seq.) for a contract for services unless such

11 executive agency (1) has awarded and entered into such

12 contract in full compliance with such Act and the regula13 tions promulgated thereunder, and (2) requires any report

14 prepared pursuant to such contract, including plans, eval15 uations, studies, analyses and manuals, and any report

16 prepared by the agency which is substantially derived from

17 or substantially includes any report prepared pursuant to

18 such contract, to contain information concerning (A) the

19 contract pursuant to which the report was prepared, and

20 (B) the contractor who prepared the report pursuant to

21 such contract.

22 SEC. 512. Except as otherwise provided in section

23 506, none of the funds provided in this Act to any depart24 ment or agency shall be obligated or expended to provide
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1 a personal cook, chauffeur, or other personal servants to

2 any officer or employee of such department or agency.

3 SEC. 513. None of the funds provided in this Act to

4 any department or agency shall be obligated or expended

5 to procure passenger automobiles as defined in 15 U.S.C.

6 2001 with an EPA estimated miles per gallon average of

7 less than 22 miles per gallon.

8 SEC. 514. Such sums as may be necessary for fiscal

9 year 1996 pay raises for programs funded by this Act shall

10 be absorbed within the levels appropriated in this Act.

11 SEC. 515. None of the funds appropriated in title I

12 of this Act shall be used to enter into any new lease of

13 real property if the estimated annual rental is more than

14 $300,000 unless the Secretary submits, in writing, a re15 port to the Committees on Appropriations of the Congress

16 and a period of 30 days has expired following the date

17 on which the report is received by the Committees on Ap18 propriations.

19 SEC. 516. (a) PURCHASE OF AMERICAN-MADE

20 EQUIPMENT AND PRODUCTS.—It is the sense of the Con21 gress that, to the greatest extent practicable, all equip22 ment and products purchased with funds made available

23 in this Act should be American-made.

24 (b) NOTICE REQUIREMENT.—In providing financial

25 assistance to, or entering into any contract with, any en-
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1 tity using funds made available in this Act, the head of

2 each Federal agency, to the greatest extent practicable,

3 shall provide to such entity a notice describing the state4 ment made in subsection (a) by the Congress.

5 SEC. 517. None of the funds appropriated in this Act

6 may be used to implement any cap on reimbursements to

7 grantees for indirect costs, except as published in Office

8 of Management and Budget Circular A–21.

9 SEC. 518. None of the funds made available in this

10 Act may be used for any program, project, or activity,

11 when it is made known to the Federal entity or official

12 to which the funds are made available that the program,

13 project, or activity is not in compliance with any Federal

14 law relating to risk assessment, the protection of private

15 property rights, or unfunded mandates.

16 Ω114æSEC. 519. (a) CONTRACTOR CONVERSION.—

17 The Administrator of the Environmental Protection Agen18 cy shall cease any further hiring in the Agency’s Office

19 of Research and Development.

20 (b) REPORT.—Not later than January 1, 1996, the

21 head of the Office of Research and Development of the

22 Environmental Protection Agency shall submit to the Con23 gress a report on all staffing plans including the use of

24 Federal and contract employees.
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1 Ω115æSEC. 520. Such funds as may be necessary to

2 carry out the orderly termination of the Office of Consumer

3 Affairs shall be made available from funds appropriated to

4 the Department of Health and Human Services for fiscal

5 year 1996.

6 Ω116æSEC. 521. Energy Savings at Federal Facilities.

7 (a) REDUCTION IN FACILITIES ENERGY COSTS.—

8 (1) IN GENERAL.—The head of each agency for

9 which funds are made available under this Act

10 shall—

11 (A) take all actions necessary to achieve

12 during fiscal year 1996 a 5 percent reduction,

13 from fiscal year 1995 levels, in the energy costs

14 of the facilities used by the agency; or

15 (B) enter into a sufficient number of energy

16 savings performance contracts with private sec17 tor energy service companies under title VIII of

18 the National Energy Conservation Policy Act (42

19 U.S.C. 8287 et seq.) to achieve during fiscal year

20 1996 at least a 5 percent reduction, from fiscal

21 year 1995 levels, in the energy use of the facili22 ties used by the agency.

23 (2) GOAL.—The activities described in para24 graph (1) should be a key component of agency pro25 grams that will by the year 2000 result in a 20 per-
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1 cent reduction, from fiscal year 1985 levels, in the en2 ergy use of the facilities used by the agency, as re3 quired by section 543 of the National Energy Con4 servation Policy Act (42 U.S.C. 8253).

5 (b) USE OF COST SAVINGS.—An amount equal to the

6 amount of cost savings realized by an agency under sub7 section (a) shall remain available for obligation through the

8 end of fiscal year 2000, without further authorization or

9 appropriation, as follows:

10 (1) CONSERVATION MEASURES.—Fifty percent of

11 the amount shall remain available for the implemen12 tation of additional energy conservation measures

13 and for water conservation measures at such facilities

14 used by the agency as are designated by the head of

15 the agency.

16 (2) OTHER PURPOSES.—Fifty percent of the

17 amount shall remain available for use by the agency

18 for such purposes as are designated by the head of the

19 agency, consistent with applicable law.

20 (c) REPORTS.—

21 (1) BY AGENCY HEADS.—The head of each agen22 cy for which funds are made available under this Act

23 shall include in each report of the agency to the Sec24 retary of Energy under section 548(a) of the National

25 Energy Conservation Policy Act (42 U.S.C. 8258(a))
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1 a description of the results of the activities carried out

2 under subsection (a) and recommendations concerning

3 how to further reduce energy costs and energy con4 sumption in the future.

5 (2) BY SECRETARY OF ENERGY.—The reports re6 quired under paragraph (1) shall be included in the

7 annual reports required to be submitted to Congress

8 by the Secretary of Energy under section 548(b) of the

9 Act (42 U.S.C. 8258(b)).

10 (3) CONTENTS.—With respect to the period since

11 the date of the preceding report, a report under para12 graph (1) or (2) shall—

13 (A) specify the total energy costs of the fa14 cilities used by the agency;

15 (B) identify the reductions achieved;

16 (C) specify the actions that resulted in the

17 reductions;

18 (D) with respect to the procurement proce19 dures of the agency, specify what actions have

20 been taken to—

21 (i) implement the procurement au22 thorities provided by subsections (a) and (c)

23 of section 546 of the National Energy Con24 servation Policy Act (42 U.S.C. 8256); and
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1 (ii) incorporate directly, or by ref2 erence, the requirements of the regulations

3 issued by the Secretary of Energy under

4 title VIII of the Act (42 U.S.C. 8287 et

5 seq.); and

6 (E) specify—

7 (i) the actions taken by the agency to

8 achieve the goal specified in subsection

9 (a)(2);

10 (ii) the procurement procedures and

11 methods used by the agency under section

12 546(a)(2) of the Act (42 U.S.C. 8256(a)(2));

13 and

14 (iii) the number of energy savings per15 formance contracts entered into by the agen16 cy under title VIII of the Act (42 U.S.C.

17 8287 et seq.).
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1 This Act may be cited as the ‘‘Departments of Veter2 ans Affairs and Housing and Urban Development, and

3 Independent Agencies Appropriations Act, 1996’’.

Passed the House of Representatives July 31, 1995.

Attest: ROBIN H. CARLE,

Clerk.

Passed the Senate September 27 (legislative day,

September 25), 1995.

Attest: KELLY D. JOHNSTON,

Secretary.

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