II

Calendar No. 185

104TH CONGRESS

1ST SESSION H. R. 2099

[Report No. 104–140]

IN THE SENATE OF THE UNITED STATES

AUGUST 1 (legislative day, JULY 10), 1995

Received; read twice and referred to the Committee on Appropriations

SEPTEMBER 13 (legislative day, SEPTEMBER 5), 1995

Reported by Mr. BOND, with amendments

[Omit the part struck through and insert the part printed in italic]

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,
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1 boards, commissions, corporations, and offices for the fis2 cal year ending September 30, 1996, and for other pur3 poses, namely:

4 TITLE I

5 DEPARTMENT OF VETERANS AFFAIRS

6 VETERANS BENEFITS ADMINISTRATION

7 COMPENSATION AND PENSIONS

8 (INCLUDING TRANSFER OF FUNDS)

9 For the payment of compensation benefits to or on

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

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

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

13 chapters 15, 51, 53, 55, and 61; 92 Stat. 2508); and bur14 ial benefits, emergency and other officers’ retirement pay,

15 adjusted-service credits and certificates, payment of pre16 miums due on commercial life insurance policies guaran17 teed under the provisions of Article IV of the Soldiers’

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

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

20 1312, 1977, and 2106, chapters 23, 51, 53, 55, and 61;

21 50 U.S.C. App. 540–548; 43 Stat. 122, 123; 45 Stat. 735;

22 76 Stat. 1198); $17,649,972,000, to remain available

23 until expended: Provided, That not to exceed $25,180,000

24 $27,431,000 of the amount appropriated shall be reim25 bursed to ‘‘General operating expenses’’ and ‘‘Medical

26 care’’ for necessary expenses in implementing those provi-
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1 sions authorized in the Omnibus Budget Reconciliation

2 Act of 1990, and in the Veterans’ Benefits Act of 1992

3 (38 U.S.C. chapters 51, 53, and 55), the funding source

4 for which is specifically provided as the ‘‘Compensation

5 and pensions’’ appropriation: Provided further, That such

6 sums as may be earned on an actual qualifying patient

7 basis, shall be reimbursed to ‘‘Medical facilities revolving

8 fund’’ to augment the funding of individual medical facili9 ties for nursing home care provided to pensioners as au10 thorized by the Veterans’ Benefits Act of 1992 (38 U.S.C.

11 chapter 55): Provided further, That $12,000,000 pre12 viously transferred from ‘‘Compensation and pensions’’ to

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

14 this heading.

15 READJUSTMENT BENEFITS

16 For the payment of readjustment and rehabilitation

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

18 (38 U.S.C. chapters 21, 30, 31, 34, 35, 36, 39, 51, 53,

19 55, and 61), $1,345,300,000, to remain available until ex20 pended: Provided, That funds shall be available to pay any

21 court order, court award or any compromise settlement

22 arising from litigation involving the vocational training

23 program authorized by section 18 of Public Law 98–77,

24 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); $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 1997: Provided further, That notwithstanding any other

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

18 medical services under section 1710 of title 38 may be treat19 ed 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, $251,743,000

25 $257,000,000, plus reimbursements.
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1 HEALTH 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; $821,487,000

18 $880,000,000: 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 $183,455,000 $35,785,000, to remain available until ex10 pended: 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, $152,934,000 $190,000,000, to re-
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1 main available until expended, along with unobligated bal2 ances of previous ‘‘Construction, minor projects’’ appro3 priations which are hereby made available for any project

4 where the estimated cost is less than $3,000,000: Pro5 vided, 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 SEC. 109. Notwithstanding any other provision of law,

2 the Secretary of Veterans Affairs is authorized to transfer,

3 without compensation or reimbursement, the jurisdiction

4 and control of a parcel of land consisting of approximately

5 6.3 acres, located on the south edge of the Department of

6 Veterans Affairs Medical and Regional Office Center, Wich7 ita, Kansas, including buildings Nos. 8 and 30 and other

8 improvements thereon, to the Secretary of Transportation

9 for the purpose of expanding and modernizing United

10 States Highway 54: Provided, That if necessary, the exact

11 acreage and legal description of the real property trans12 ferred shall be determined by a survey satisfactory to the

13 Secretary of Veterans Affairs and the Secretary of Trans14 portation shall bear the cost of such survey: Provided fur15 ther, That the Secretary of Transportation shall be respon16 sible for all costs associated with the transferred land and

17 improvements thereon, and compliance with all existing

18 statutes and regulations: Provided further, That the Sec19 retary of Veterans Affairs and the Secretary of Transpor20 tation may require such additional terms and conditions

21 as each Secretary considers appropriate to effectuate this

22 transfer of land.

23 SEC. 110. Funds available to the Department of Veter24 ans Affairs Revolving Supply Fund shall be available until

25 September 30, 1997, for expenses necessary to establish a
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1 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 TITLE II

6 DEPARTMENT OF HOUSING AND URBAN

7 DEVELOPMENT

8 HOUSING PROGRAMS

9 ANNUAL CONTRIBUTIONS FOR ASSISTED HOUSING

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, $10,182,359,000, to remain

13 available until expended: Provided, That none of the funds

14 made available under the head ‘‘Annual contributions for

15 assisted housing’’ in this Act or any prior Act shall be

16 expended if such expenditure would cause total fiscal year

17 1996 expenditures to exceed $19,939,311,000: Provided

18 further, That the Secretary shall report to the Committees

19 on Appropriations every 90 days on the implementation

20 of the spending limitation in the preceding proviso: Pro21 vided further, That of the total amount provided under

22 this head, $100,000,000 shall be for the development or

23 acquisition cost of public housing for Indian families, in24 cluding amounts for housing under the mutual help home25 ownership opportunity program under section 202 of the
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1 Act (42 U.S.C. 1437bb): Provided further, That of the

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

3 shall be for modernization of existing public housing

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

5 1437l): Provided further, That during fiscal year 1996, the

6 Secretary may direct any public housing agency that re7 ceives any part of the foregoing amount, to use such

8 amount, or any other amount that has been made avail9 able in this or any other prior Act for public housing under

10 this head or for the HOPE VI/Urban Revitalization Dem11 onstration Program, and that has not been obligated by

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

13 of any public housing project owned by the agency: Pro14 vided further, That of the amounts earmarked under this

15 head for modernization of existing public housing projects,

16 $15,000,000 shall be used for the Tenant Opportunity

17 Program: Provided further, That of the total amount pro18 vided under this head, $862,125,000 shall be available for

19 non-incremental rental assistance under the section 8

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

21 (42 U.S.C. 1437f(o)): Provided further, That notwith22 standing any other provision of law, voucher assistance

23 provided under the preceding proviso may be used in con24 nection with legislation enacted after the effective date of

25 this Act that authorizes assistance for such purpose, as
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1 determined by the Secretary: Provided further, That of the

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

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

4 the amount earmarked under the preceding proviso shall

5 be for capital advances, including amendments to capital

6 advance contracts, for housing for the elderly, as author7 ized by section 202 of the Housing Act of 1959, as amend8 ed, and for project rental assistance, and amendments to

9 contracts for project rental assistance, for supportive

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

11 Housing Act of 1959, as amended; capital advances, in12 cluding amendments to capital advance contracts, and

13 project rental assistance, including amendments to con14 tracts for project rental assistance, for supportive housing

15 for persons with disabilities, as authorized by section 811

16 of the Cranston-Gonzalez National Affordable Housing

17 Act; and housing opportunities for persons with AIDS

18 under title VIII, subtitle D of the Cranston-Gonzalez Na19 tional Affordable Housing Act: Provided further, That of

20 the funds earmarked in this appropriations Act for special

21 needs housing, the Secretary may waive any provision of

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

23 of the National Affordable Housing Act (including the

24 provisions governing the terms and conditions of project

25 rental assistance) that the Secretary determines is not
25

HR 2099 RS

1 necessary to achieve the objectives of these programs, or

2 that otherwise impedes the ability to develop, operate or

3 administer projects assisted under these programs, and

4 may make provision for alternative conditions or terms

5 where appropriate: Provided further, That the Secretary

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

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

8 for assistance for State or local units of government, ten9 ant and nonprofit organizations to purchase projects

10 where owners have indicated an intention to prepay mort11 gages and for assistance to be used as an incentive to pre12 vent prepayment or for vouchers to aid eligible tenants ad13 versely affected by mortgage prepayment, as authorized

14 under preservation legislation enacted subsequent to this

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

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

17 paint hazard reduction program as authorized under sec18 tion 1053 of the Residential Lead-Based Paint Hazard

19 Reduction Act of 1992: Provided further, That of the total

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

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

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

23 1437u): Provided further, That of the total amount pro24 vided under this head, $4,641,589,000 shall be for assist25 ance under the United States Housing Act of 1937 (42
26

HR 2099 RS

1 U.S.C. 1437) for use in connection with expiring or termi2 nating section 8 subsidy contracts: Provided further, That

3 such amounts shall be merged with funds referenced in

4 section 204 of this title: Provided further, That the Sec5 retary of Housing and Urban Development may reserve

6 amounts available for the renewal of assistance under sec7 tion 8 of the United States Housing Act of 1937 and may

8 use such amounts, upon the termination or expiration of

9 a contract for assistance under section 8 of the United

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

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

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

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

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

15 number of units covered by the terminated or expired con16 tract, which assistance shall be in accordance with terms

17 and conditions prescribed by the Secretary: Provided fur18 ther, That notwithstanding any other provision of law, as19 sistance reserved under the preceding proviso may be used

20 in connection with any provision of Federal law enacted

21 after the enactment of this Act that authorizes the use

22 of rental assistance amounts in connection with such ter23 minated or expired contracts: Provided further, That of the

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

25 shall be for amendments to section 8 contracts other than
27

HR 2099 RS

1 contracts for projects developed under section 202 of the

2 Housing Act of 1959, as amended.

3 For assistance under the United States Housing Act

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

5 not otherwise provided for, $5,594,358,000, to remain avail6 able until expended: Provided, That of the total amount

7 provided under this head, $200,000,000 shall be for the de8 velopment or acquisition cost of public housing for Indian

9 families, including amounts for housing under the mutual

10 help homeownership opportunity program under section

11 202 of the Act (42 U.S.C. 1437bb): Provided further, That

12 of the total amount provided under this head,

13 $2,510,000,000 shall be for modernization of existing public

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

15 U.S.C. 1437l), including up to $30,000,000 for the inspec16 tion of public housing units, contract expertise, and train17 ing and technical assistance, directly or indirectly, under

18 grants, contracts, or cooperative agreements, to assist in the

19 oversight and management of public and Indian housing

20 (whether or not the housing is being modernized with assist21 ance under this proviso) or tenant-based assistance, includ22 ing, but not limited to, an annual resident survey, data

23 collection and analysis training and technical assistance by

24 or to officials and employees of the Department and of pub25 lic housing agencies and to residents in connection with the
28

HR 2099 RS

1 public and Indian housing program and support of a pub2 lic housing institution to provide such training, technical

3 assistance, and education, and training and technical as4 sistance to assist public housing agencies in avoiding des5 ignation as troubled agencies and in qualifying for removal

6 of such designation: Provided further, That of the total

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

8 new incremental rental subsidy contracts under the section

9 8 existing housing certificate program and the housing

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

11 amounts shall be used only for units necessary to provide

12 housing assistance for residents to be relocated from existing

13 federally subsidized or assisted housing, for replacement

14 housing for units demolished or disposed of (including units

15 to be disposed of pursuant to a homeownership program

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

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

18 related to litigation settlements or court orders, for the con19 version of section 23 projects to assistance under section 8,

20 and for public housing agencies to implement allocation

21 plans approved by the Secretary for designated housing,

22 and for funds to carry out the family unification program:

23 Provided further, That of the total amount provided under

24 this head, $500,000,000 shall be for amendments to section

25 8 contracts other than contracts for projects developed under
29

HR 2099 RS

1 section 202 of the Housing Act of 1959, as amended;

2 $261,000,000 shall be for section 8 assistance and rehabili3 tation grants for property disposition; and $624,000,000

4 shall be for assistance for State or local units of government

5 (including public housing authorities), tenant and non6 profit organizations to purchase projects where owners have

7 indicated an intention to prepay mortgages and for assist8 ance to be used as an incentive to prevent prepayment or

9 for vouchers (not to exceed $74,000,000) to aid eligible ten10 ants adversely affected by mortgage prepayment, as author11 ized in the Emergency Low-Income Housing Preservation

12 Act of 1987, as amended: Provided further, That of the fore13 going amount, up to $20,000,000 shall be available for pres14 ervation technical assistance grants pursuant to section 253

15 of the Housing and Community Development Act of 1987,

16 as amended, and that the Secretary may designate funding

17 to carry out plan of actions approved prior to October 1,

18 1995, to permit purchases of projects by non-profit organi19 zations or tenant organizations, which are awaiting fund20 ing, and which, to the Secretary’s satisfaction, will be un21 able to be closed without immediate obligation of funding

22 heretofore applied for and approved: Provided further, That

23 with respect to the $624,000,000 appropriated in the pre24 ceding proviso, if the Secretary determines that the demand

25 for funding may exceed amounts available for such funding,
30

HR 2099 RS

1 the Secretary (1) may determine priorities for distributing

2 available funds, including the discretion to give priority

3 funding to tenants displaced due to mortgage prepayment

4 and to projects that have not yet been funded but to which

5 funding has been committed; and (2) may impose a tem6 porary moratorium on applications by potential recipients

7 of such funding: Provided further, That during fiscal year

8 1996, the Secretary of Housing and Urban Development

9 may manage and dispose of multifamily properties owned

10 by the Secretary and multifamily mortgages held by the

11 Secretary as of October 1, 1995 without regard to any other

12 proviso of law: Provided further, That 50 per centum of

13 the amounts of budget authority, or in lieu thereof 50 per

14 centum of the cash amounts associated with such budget au15 thority, that are recaptured from projects described in sec16 tion 1012(a) of the Stewart B. McKinney Homeless Assist17 ance Amendments Act of 1988 (Public Law 100–628, 102

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

19 shall be remitted to the Treasury, and such amounts of

20 budget authority or cash recaptured and not rescinded or

21 remitted to the Treasury shall be used by State housing fi22 nance agencies or local governments or local housing agen23 cies with projects approved by the Secretary of Housing and

24 Urban Development for which settlement occurred after

25 January 1, 1992, in accordance with such section: Provided
31

HR 2099 RS

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

2 $171,000,000 shall be for housing opportunities for persons

3 with AIDS under title VIII, subtitle D of the Cranston-Gon4 zalez National Affordable Housing Act; and $75,000,000

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

6 as authorized under sections 1011 and 1053 of the Residen7 tial Lead-Based Hazard Reduction Act of 1992.

8 Of the total amount provided under this head,

9 $780,190,000 shall be for capital advances, including

10 amendments to capital advance contracts, for housing for

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

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

13 amendments to contracts for project rental assistance, for

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

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

16 capital advances, including amendments to capital advance

17 contracts, for supportive housing for persons with disabil18 ities, as authorized by section 811 of the Cranston-Gonzalez

19 National Affordable Housing Act; and for project rental as20 sistance, and amendments to contracts for project rental as21 sistance, for supportive housing for persons with disabilities

22 as authorized by section 811 of the Cranston-Gonzalez Na23 tional Affordable Housing Act: Provided, That the Sec24 retary may waive any provision of section 202 of the Hous25 ing Act of 1959 and section 811 of the National Affordable
32

HR 2099 RS

1 Housing Act (including the provisions governing the terms

2 and conditions of project rental assistance) that the Sec3 retary determines is not necessary to achieve the objectives

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

5 develop, operate or administer projects assisted under these

6 programs, and may make provision for alternative condi7 tions or terms where appropriate.

8 PUBLIC HOUSING DEMOLITION, SITE REVITALIZATION, AND

9 REPLACEMENT HOUSING GRANTS

10 For grants to public housing agencies for the purpose

11 of enabling the demolition of obsolete public housing projects

12 or portions thereof, the revitalization (where appropriate)

13 of sites (including remaining public housing units) on

14 which such projects are located, replacement housing which

15 will avoid or lessen concentrations of very low-income fami16 lies, and tenant-based assistance in accordance with section

17 8 of the United States Housing Act of 1937 for the purpose

18 of providing replacement housing and assisting tenants to

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

20 available until expended: Provided, That the Secretary shall

21 award such funds to public housing agencies by a competi22 tion which includes among other relevant criteria the local

23 and national impact of the proposed demolition and revi24 talization activities and the extent to which the public hous25 ing agency could undertake such activities without the addi26 tional assistance to be provided hereunder: Provided fur-
33

HR 2099 RS

1 ther, That eligible expenditures hereunder shall be those ex2 penditures eligible under section 8 and section 14 of the

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

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

5 conditions and requirements as the Secretary deems appro6 priate to effectuate the purpose of this paragraph: Provided

7 further, That the Secretary may require an agency selected

8 to receive funding to make arrangements satisfactory to the

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

10 out this program where the Secretary determined that such

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

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

13 receive funding does not proceed expeditiously as deter14 mined by the Secretary, the Secretary shall withdraw any

15 unobligated balances of funding made available pursuant

16 to this paragraph and distribute such funds to one or more

17 other eligible agencies: Provided further, That of the fore18 going $500,000,000, the Secretary may use up to .67 per

19 centum for technical assistance, to be provided directly or

20 indirectly by grants, contracts or cooperative agreements,

21 including training and cost of necessary travel for partici22 pants in such training, by or to officials and employees of

23 the Department and of public housing agencies and resi24 dents: Provided further, That any replacement housing pro25 vided with assistance under this head shall be subject to
34

HR 2099 RS

1 section 18(f) of the United States Housing Act of 1937, as

2 amended by section 201(b)(2) of this Act.

3 ASSISTANCE FOR THE RENEWAL OF EXPIRING SECTION 8

4 SUBSIDY CONTRACTS

5 (INCLUDING TRANSFER OF FUNDS)

6 For assistance under the United States Housing Act

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

8 use in connection with expiring section 8 subsidy contracts,

9 $4,350,862,000, to remain available until expended: Pro10 vided, That to the extent the amount in this appropriation

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

12 Secretary may transfer to and merge with this appropria13 tion such amounts from the ‘‘Annual contributions for as14 sisted housing’’ appropriation as the Secretary shall deter15 mine, and amounts earmarked in the foregoing account

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

17 Provided further, That the Secretary may maintain consoli18 dated accounting data for funds disbursed at the public

19 housing agency or Indian housing authority or project level

20 for subsidy assistance regardless of the source of the dis21 bursement so as to minimize the administrative burden of

22 multiple accounts: Provided further, That the Secretary

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

24 to renewals of housing vouchers during fiscal year 1996.
35

HR 2099 RS

1 FLEXIBLE SUBSIDY FUND

2 (INCLUDING TRANSFER OF FUNDS)

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

4 National Housing Act, as amended, all uncommitted bal5 ances of excess rental charges as of September 30, 1995,

6 and any collections during fiscal year 1996 shall be trans7 ferred, as authorized under such section, to the fund au8 thorized under section 201 (j) of the Housing and Com9 munity Development Amendments of 1978, as amended.

10 RENTAL HOUSING ASSISTANCE

11 (RESCISSION)

12 The limitation otherwise applicable to the maximum

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

14 contracts entered into under section 236 of the National

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

16 1996 by not more than $2,000,000 in uncommitted bal17 ances of authorizations provided for this purpose in appro18 priations Acts: Provided, That up to $163,000,000 of re19 captured section 236 budget authority resulting from the

20 prepayment of mortgages subsidized under section 236 of

21 the National Housing Act (12 U.S.C. 1715z–1) shall be

22 rescinded in fiscal year 1996.

23 PAYMENTS FOR OPERATION OF LOW-INCOME HOUSING

24 PROJECTS

25 For payments to public housing agencies and Indian

26 housing authorities for operating subsidies for low-income
36

HR 2099 RS

1 housing projects as authorized by section 9 of the United

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

3 1437g), $2,500,000,000 $2,800,000,000.

4 DRUG ELIMINATION GRANTS FOR LOW-INCOME HOUSING

5 For grants to public and Indian housing agencies for

6 use in eliminating crime in public housing projects author7 ized by 42 U.S.C. 11901–11908, and for drug information

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

9 11925, $290,000,000, to remain available until expended,

10 of which $10,000,000 shall be for grants, technical assist11 ance, contracts and other assistance training, program as12 sessment, and execution for or on behalf of public housing

13 agencies and resident organizations (including the cost of

14 necessary travel for participants in such training): Pro15 vided, That after setting aside amounts in 42 U.S.C.

16 11909(b) for grants for federally assisted low-income hous17 ing, the Secretary, notwithstanding 42 U.S.C. 11904, may

18 provide grants through a formula taking into account the

19 needs of public housing agencies for anti-crime funding,

20 and the amount of funding public housing agencies have

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

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

23 that has not received funding during that period: Provided

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

25 42 U.S.C. 11905(2), shall also include other types of crime

26 as determined by the Secretary.
37

HR 2099 RS

1 HOME INVESTMENT PARTNERSHIPS PROGRAM

2 For the HOME investment partnerships program, as

3 authorized under title II of the Cranston-Gonzalez Na4 tional Affordable Housing Act (Public Law 101–625), as

5 amended, $1,400,000,000, to remain available until ex6 pended.

7 HOUSING COUNSELING ASSISTANCE

8 For contracts, grants, and other assistance, other

9 than loans, not otherwise provided for, for providing coun10 seling and advice to tenants and homeowners—both cur11 rent and prospective—with respect to property mainte12 nance, financial management, and such other matters as

13 may be appropriate to assist them in improving their hous14 ing conditions and meeting the responsibilities of tenancy

15 or homeownership, including provisions for training and

16 for support of voluntary agencies and services as author17 ized by section 106 of the Housing and Urban Develop18 ment Act of 1968, as amended, $12,000,000, notwith19 standing section 106(c)(9) and section 106(d)(13), of such

20 Act.

21 INDIAN HOUSING LOAN GUARANTEE FUND PROGRAM

22 ACCOUNT

23 For the cost of guaranteed loans, $3,000,000, as au24 thorized by section 184 of the Housing and Community

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

26 That such costs, including the costs of modifying such
38

HR 2099 RS

1 loans, shall be as defined in section 502 of the Congres2 sional Budget Act of 1974, as amended: Provided further,

3 That these funds are available to subsidize total loan prin4 cipal, any part of which is to be guaranteed, not to exceed

5 $36,900,000.

6 HOMELESS ASSISTANCE

7 HOMELESS ASSISTANCE GRANTS

8 For grants awarded or allocated by the Secretary of

9 Housing and Urban Development, through a competition

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

11 services for homeless individuals and families to be deliv12 ered by entities eligible to receive assistance under, and to

13 fund eligible activities described in, the emergency shelter

14 grants program (as authorized under subtitle B of title

15 IV of the Stewart B. McKinney Homeless Assistance Act

16 (Public Law 100–77), as amended); the supportive hous17 ing program (as authorized under subtitle C of title IV

18 of such Act); the section 8 moderate rehabilitation single

19 room occupancy program (as authorized under the United

20 States Housing Act of 1937, as amended) to assist home21 less individuals pursuant to section 441 of the Stewart B.

22 McKinney Homeless Assistance Act; and the shelter plus

23 care program (as authorized under subtitle F of title IV

24 of such Act); and the innovative homeless initiatives dem25 onstration program (as described in sections 2(a)–2(f) of
39

HR 2099 RS

1 the HUD Demonstration Act of 1993 (Public Law 103–

2 120)), $676,000,000 $760,000,000, to remain available

3 until expended. To the extent the Secretary determines to

4 use a formula under this heading, the Secretary shall use

5 the existing formula as provided under the Emergency Shel6 ter Grants program under section 413 of the Stewart B.

7 McKinney Homeless Assistance Act and promulgate any

8 rules under the rulemaking procedures under section 553

9 of title 5, United States Code. The Secretary shall report,

10 within one year of the date of enactment, on ways to merge

11 the homeless assistance programs under the Stewart B.

12 McKinney Homeless Assistance Act with the HOME pro13 gram under title II of the Cranston-Gonzalez National Af14 fordable Housing Act.

15 COMMUNITY PLANNING AND DEVELOPMENT

16 COMMUNITY DEVELOPMENT GRANTS

17 (INCLUDING TRANSFER OF FUNDS)

18 For grants to States and units of general local gov19 ernment and for related expenses, not otherwise provided

20 for, necessary for carrying out a community development

21 grants program as authorized by title I of the Housing

22 and Community Development Act of 1974, as amended

23 (42 U.S.C. 5301), $4,600,000,000, to remain available

24 until September 30, 1998: Provided, That $46,000,000

25 $60,000,000 shall be available for grants to Indian tribes

26 pursuant to section 106(a)(1) of the Housing and Commu-
40

HR 2099 RS

1 nity Development Act of 1974, as amended (42 U.S.C.

2 5301), $2,000,000 shall be available as a grant to the Hous3 ing Assistance Council, $1,000,000 shall be available as a

4 grant to the National American Indian Housing Council,

5 and $19,500,000 $27,000,000 shall be available for ‘‘spe6 cial purpose grants’’ pursuant to section 107 of such Act:

7 Provided further, That not to exceed 20 per centum of any

8 grant made with funds appropriated herein (other than

9 a grant using funds under section 107(b)(3) of such Act

10 shall be expended for ‘‘Planning and Management Devel11 opment’’ and ‘‘Administration’’ as defined in regulations

12 promulgated by the Department of Housing and Urban

13 Development: Provided further, That section 105(a)(25) of

14 such Act, as added by section 907(b)(1) of the Cranston15 Gonzalez National Affordable Housing Act, shall continue

16 to be effective after September 30, 1995, notwithstanding

17 section 907(b)(2) of such Act.

18 Of the amount provided under this heading, the Sec19 retary of Housing and Urban Development may use up to

20 $80,000,000 for grants to public and Indian housing agen21 cies for a supportive services program to assist residents

22 of public and assisted housing and former residents of such

23 housing receiving tenant-based assistance under section 8

24 of such Act (42 U.S.C. 1437f) become self-sufficient: Pro25 vided, That the program shall provide supportive services
41

HR 2099 RS

1 to the elderly and the disabled and to families with children

2 where the head of household would benefit from the receipt

3 of supportive services and is working, seeking work, or is

4 preparing for work by participating in job training or edu5 cational programs: Provided, That the supportive services

6 shall include coordinated educational, training, and other

7 supportive services, including academic skills training, job

8 search assistance, assistance related to retaining employ9 ment, vocational and entrepreneurship development and

10 support programs, transportation, and child care: Provided

11 further, That the Secretary shall require applicants to dem12 onstrate firm commitments of funding or services from other

13 sources: Provided further, That the Secretary shall select

14 public and Indian housing agencies to receive assistance

15 under this head on a competitive basis, taking into account

16 the quality of the proposed program (including any innova17 tive approaches), the extent of the proposed coordination of

18 supportive services, the extent of commitments of funding

19 or services from other sources, the extent to which the pro20 posed program includes reasonably achievable, quantifiable

21 goals for measuring performance under the program over

22 a three-year program, the extent of success an agency has

23 had in carrying out other comparable initiatives, and other

24 appropriate criteria established by the Secretary: Provided

25 further, That of the amount made available under this
42

HR 2099 RS

1 paragraph, $12,000,000 shall be available for contracts,

2 grants, and other assistance, other than loans, not otherwise

3 provided for, for providing counseling and advice to tenants

4 and homeowners both current and prospective, with respect

5 to property maintenance, financial management, and such

6 other matters as may be appropriate to assist them in im7 proving their housing conditions and meeting the respon8 sibilities of tenancy or homeownership, including provisions

9 for training and for support of voluntary agencies and serv10 ices as authorized by section 106 of the Housing and Urban

11 Development Act of 1968, as amended, notwithstanding sec12 tion 106(c)(9) and section 106(d)(13) of such Act. Of the

13 amount provided under this heading, notwithstanding any

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

15 youthbuild program activities authorized by subtitle D of

16 title IV of the Cranston-Gonzalez National Affordable Hous17 ing Act, as amended, and shall be an eligible activity with

18 respect to any funds made available under this heading.

19 Of the amount provided under this heading, notwithstand20 ing any other provision of law, $80,000,000 shall be avail21 able for Economic Development Initiative grants as author22 ized by section 232 of the Multifamily Housing Property

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

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

25 Reform Act.
43

HR 2099 RS

1 For the cost of guaranteed loans, $10,500,000

2 $15,750,000, as authorized by section 108 of the Housing

3 and Community Development Act of 1974: Provided, That

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

5 shall be as defined in section 502 of the Congressional

6 Budget Act of 1974, as amended: Provided further, That

7 these funds are available to subsidize total loan principal,

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

9 $1,000,000,000 $1,500,000,000. In addition, for adminis10 trative expenses to carry out the guaranteed loan program,

11 $225,000 $675,000 which shall be transferred to and

12 merged with the appropriation for departmental salaries

13 and expenses.

14 POLICY DEVELOPMENT AND RESEARCH

15 RESEARCH AND TECHNOLOGY

16 For contracts, grants, and necessary expenses of pro17 grams of research and studies relating to housing and

18 urban problems, not otherwise provided for, as authorized

19 by title V of the Housing and Urban Development Act

20 of 1970, as amended (12 U.S.C. 1701z–1 et seq.), includ21 ing carrying out the functions of the Secretary under sec22 tion 1(a)(1)(i) of Reorganization Plan No. 2 of 1968,

23 $34,000,000, to remain available until September 30,

24 1997.
44

HR 2099 RS

1 FAIR 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, $951,988,000 $980,777,000, of which

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

17 various funds of the Federal Housing Administration, and

18 $8,824,000 $9,101,000 shall be provided from funds of the

19 Government National Mortgage Association, and

20 $225,000 $675,000 shall be provided from the Community

21 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, $47,388,000
45

HR 2099 RS

1 $48,251,000, of which $10,961,000 $11,283,000 shall be

2 transferred from the various funds of the Federal Housing

3 Administration.

4 OFFICE OF FEDERAL HOUSING ENTERPRISE OVERSIGHT

5 SALARIES AND EXPENSES

6 (INCLUDING TRANSFER OF FUNDS)

7 For carrying out the Federal Housing Enterprise Fi8 nancial Safety and Soundness Act of 1992, $14,895,000,

9 to remain available until expended, from the Federal

10 Housing Enterprise Oversight Fund: Provided, That such

11 amounts shall be collected by the Director as authorized

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

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

14 FEDERAL HOUSING ADMINISTRATION

15 FHA—MUTUAL MORTGAGE INSURANCE PROGRAM

16 ACCOUNT

17 (INCLUDING TRANSFERS OF FUNDS)

18 During fiscal year 1996, commitments to guarantee

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

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

21 principal of $110,000,000,000: Provided, That during fis22 cal year 1996, the Secretary shall sell assigned mortgage

23 notes having an unpaid principal balance of up to

24 $4,000,000,000, which notes were orginally insured under

25 section 203(b) of the National Housing Act: Provided fur26 ther, That an amount equal to any negative subsidies re-
46

HR 2099 RS

1 sulting from the sale of such assigned mortgage notes during

2 fiscal year 1996 may be added to and merged with funds

3 otherwise provided relating to the disposition of properties

4 or notes under this heading, as may be allocated by the Sec5 retary of Housing and Urban Development.

6 During fiscal year 1996, obligations to make direct

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

8 National Housing Act, as amended, shall not exceed

9 $200,000,000: Provided, That the foregoing amount shall

10 be for loans to nonprofit and governmental entities in con11 nection with sales of single family real properties owned

12 by the Secretary and formerly insured under section 203

13 of such Act.

14 For administrative expenses necessary to carry out

15 the guaranteed and direct loan program, $308,846,000

16 $341,595,000, to be derived from the FHA-mutual mort17 gage insurance guaranteed loans receipt account, of which

18 not to exceed $308,290,000 $334,483,000 shall be trans19 ferred to the appropriation for departmental salaries and

20 expenses; and of which not to exceed $6,790,000

21 $7,112,000 shall be transferred to the appropriation for

22 the Office of Inspector General.
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1 FHA—GENERAL AND SPECIAL RISK PROGRAM ACCOUNT

2 (INCLUDING TRANSFERS OF FUNDS)

3 Total For the cost of guaranteed loans, as authorized

4 by sections 238 and 519 of the National Housing Act (12

5 U.S.C. 1715z–3 and 1735c), including the cost of modifying

6 such loans, $100,000,000, to remain available until ex7 pended: Provided, That such costs shall be as defined in

8 section 502 of the Congressional Budget Act of 1974: Pro9 vided further, That these funds are available to subsidize

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

11 shall not of not to exceed $15,000,000,000

12 $17,400,000,000: Provided, Provided further, That during

13 fiscal year 1996, the Secretary shall sell assigned notes hav14 ing an unpaid principal balance of up to $4,000,000,000,

15 which notes were originally obligations of the funds estab16 lished under sections 238 and 519 of the National Housing

17 Act: Provided further, That an amount equal to any nega18 tive subsidies resulting from the sale of such assigned notes

19 during fiscal year 1996 may be added to and merged with

20 funds otherwise provided relating to the disposition of prop21 erties or notes under this heading, including the credit sub22 sidies associated with the sale of such properties or notes

23 with loan guarantees and amounts otherwise available for

24 credit subsidies under this heading, as may be allocated by

25 the Secretary of Housing and Urban Development: Pro-
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1 vided further, That any amounts made available in any

2 prior appropriation Act for the cost (as such term is de3 fined in section 502 of the Congressional Budget Act of

4 1974) of guaranteed loans that are obligations of the

5 funds established under section 238 or 519 of the National

6 Housing Act that have not been made available for obliga7 tion obligated or that are deobligated shall be available to

8 the Secretary of Housing and Urban Development in con9 nection with the making of such guarantees and shall re10 main available until expended, notwithstanding the expira11 tion of any period of availability otherwise applicable to

12 such amounts:–Provided further, That any amounts of

13 negative subsidy resulting in fiscal year 1996 from the

14 sales of assigned mortgage notes or insurance actions that

15 exceed the amounts of negative subsidy determined to be

16 generated during such fiscal year, based on the assump17 tions specified in the President’s Budget for such fiscal

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

19 any note sales or insurance actions, without regard to

20 whether the source of the negative subsidy amount is a

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

22 paragraph shall not apply to such amounts so used in con23 nection with insurance actions: Provided further, That dur24 ing fiscal year 1996, the Secretary shall sell assigned

25 mortgage notes having an unpaid principal balance of up
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1 to $2,600,000,000, which notes were originally obligations

2 of the funds established under sections 238 and 519 of

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

4 amount appropriated herein, an amount equal to the lesser

5 of $52,000,000 or the excess of net proceeds above the

6 value of holding the loans to maturity, such value estab7 lished using assumptions specified in the President’s fiscal

8 year 1996 Budget adjusted for interest rates at the time

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

10 been completed.

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

12 authorized by sections 238 and 519 of the National Hous13 ing Act (12 U.S.C. 1715z–3 and 1735c), $69,620,000,

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

15 such loans, shall be as defined in section 502 of the Con16 gressional Budget Act of 1974.

17 Gross obligations for the principal amount of direct

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

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

20 $120,000,000; of which not to exceed $100,000,000 shall

21 be for bridge financing in connection with the sale of mul22 tifamily real properties owned by the Secretary and for23 merly insured under such Act; and of which not to exceed

24 $20,000,000 shall be for loans to nonprofit and govern25 mental entities in connection with the sale of single-family
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1 real properties owned by the Secretary and formerly in2 sured under such Act.

3 In addition, for administrative expenses necessary to

4 carry out the guaranteed and direct loan programs,

5 $197,470,000 $202,470,000, of which $197,455,000

6 $198,299,000 shall be transferred to the appropriation for

7 departmental salaries and expenses; and of which

8 $4,171,000 shall be transferred to the appropriation for

9 the Office of Inspector General.

10 GOVERNMENT NATIONAL MORTGAGE ASSOCIATION

11 GUARANTEES OF MORTGAGE-BACKED SECURITIES LOAN

12 GUARANTEE PROGRAM ACCOUNT

13 (INCLUDES TRANSFER OF FUNDS)

14 During fiscal year 1996, new commitments to issue

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

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

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

18 For administrative expenses necessary to carry out

19 the guaranteed mortgage-backed securities program,

20 $8,824,000 $9,101,000, to be derived from the GNMA—

21 guarantees of mortgage-backed securities guaranteed loan

22 receipt account, of which not to exceed $8,824,000

23 $9,101,000 shall be transferred to the appropriation for

24 departmental salaries and expenses.
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1 ADMINISTRATIVE PROVISIONS

2 (INCLUDING TRENSFER OF FUNDS)

3 SEC. 201. PUBLIC HOUSING. (a) CEILING RENTS.—

4 Notwithstanding section 3(a) of the United States Hous5 ing Act of 1937, as amended, public housing agencies shall

6 provide that the amount of rent paid by a family occupy7 ing a dwelling unit in public housing during fiscal year

8 1996 does not exceed the maximum monthly rental

9 amount, which shall be established for the dwelling unit

10 by the public housing agency that owns or administers the

11 unit and may not exceed an amount determined by the

12 agency based upon—

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

14 size in public housing developments owned and oper15 ated by such agency, of any monthly amount of debt

16 service and operating expenses attributable to such

17 units;

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

19 (3) the local market rent for comparable units

20 of similar size.

21 (b) DEMOLITION AND DISPOSITION.—

22 (1) INAPPLICABILITY OF REPLACEMENT

23 RULE.—With respect to any application under sec24 tion 18 of the United States Housing Act of 1937,

25 as amended, for the demolition or disposition of pub26 lic housing, including an application submitted under
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1 paragraph (3), that is approved during fiscal year

2 1996, the provisions of subsection (b)(3) of such sec3 tion shall not apply with respect to—

4 (A) the approval of such application; or

5 (B) the demolition or disposition of any

6 public housing pursuant to such application.

7 (2) CONFORMING PROVISION.—The requirement

8 under section 18(d) of such Act that a public hous9 ing agency satisfy the conditions specified in section

10 18(b)(3) of such Act as a condition of taking action

11 to demolish or dispose of public housing shall not

12 apply with respect to any application under such sec13 tion 18 approved during such fiscal year.

14 (3) AUTHORITY TO RESUBMIT APPLICATIONS.—

15 Any public housing agency that, before fiscal year

16 1996, submitted to the Secretary an application

17 under section 18 of such Act for demolition or dis18 position of public housing may (regardless of wheth19 er such application has been approved) at any time

20 during fiscal year 1996 submit an application sub21 ject to the provisions of this subsection that covers

22 some or all of the property covered by such previous

23 application and, to the extent the same property is

24 covered by both applications, the Secretary shall
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1 treat the latter application as replacing the previous

2 application.

3 (c) APPLICABILITY.—In accordance with section

4 201(b)(2) of the United States Housing Act of 1937, as

5 amended, the provisions of this section shall apply to pub6 lic housing developed or oterated pursuant to a contract

7 between the Secretary of Housing and Urban Develop8 ment and an Indian housing authority.

9 SEC. 202. RENTAL ASSISTANCE UNDER SECTION 8

10 OF UNITED STATES HOUSING ACT OF 1937. (a) IN11 CREASE OF FAMILY RENTAL PAYMENT.—Notwithstand12 ing sections 3(a) and 8(o)(2) of the United States Housing

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

14 (1) public housing agencies shall increase to 32

15 percent the percentage of the family’s monthly ad16 justed income used in determining—

17 (A) the amount of monthly rent required

18 to be paid by each family who is assisted under

19 the certificate or moderate rehabilitation pro20 gram under section 8 of such Act; and

21 (B) the amount of the monthly assistance

22 payment for each family who is assisted under

23 the voucher program under section 8 of such

24 Act; and
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1 (2) owners of housing assisted under other pro2 grams for rental assistance under section 8 of such

3 Act shall increase to 32 percent the percentage of a

4 family’s adjusted monthly income used in determin5 ing the rent required to be paid by each family as6 sisted under any such program.

7 (b) MINIMUM RENTS.—Notwithstanding subsection

8 (a) of this section or sections 3(a) and 8(o)(2) of the Unit9 ed States Housing Act of 1937, as amended, effective for

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

11 (1) public housing agencies shall require each

12 family who is assisted under the certificate or mod13 erate rehabilitation program under section 8 of such

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

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

16 (2) public housing agencies shall reduce the

17 monthly assistance payment on behalf of each family

18 who is assisted under the voucher program under

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

20 monthly rent an amount that is not less than the

21 sum of $50 for the unit; and

22 (3) owners of housing assisted under other pro23 grams for rental assistance under section 8 of such

24 Act shall require each family who is assisted under
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1 such program to pay for monthly rent an amount

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

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

4 establish fair market rentals for purposes of section

5 8(c)(1) of the United States Housing Act of 1937, as

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

7 shall be based on the 40th percentile rent of rental dis8 tributions of standard quality rental housing units. In es9 tablishing such fair market rentals, the Secretary shall

10 consider only the rents for dwelling units occupied by re11 cent movers and may not consider the rents for public

12 housing dwelling units or newly constructed rental dwell13 ing units.

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

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

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

17 (1) in the third sentence by inserting ‘‘and fis18 cal year 1996’’ after ‘‘1995’’; and

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

20 year 1996’’ after ‘‘1995’’.

21 (e) ADMINISTRATIVE FEES.—Notwithstanding the

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

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

24 the portions of the fees for costs incurred by public hous25 ing agencies in administering the certificate, voucher, and
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1 moderate rehabilitation programs under section 8 shall not

2 exceed 7.0 percent of the fair market rental estaflished

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

4 area of the public housing agency.

5 (f) DELAY OF ISSUANCE AND REISSUANCE OF

6 VOUCHERS AND CERTIFICATES.—Notwithstanding any

7 other provision of law, a public housing agency administer8 ing certificate or voucher assistance provided under sub9 section (b) or (o) of section 8 of the United States Hous10 ing Act of 1937, as amended, shall delay—

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

12 of any such tenant-based assistance representing in13 cremental assistance allocated in fiscal year 1996;

14 and

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

16 such assistance (or the certificate or voucher rep17 resenting assistance amounts) made available by the

18 termination during fiscal year 1996 of such assist19 ance on behalf of any family for any reason, but not

20 later than October 1, 1996.

21 SEC. 203. PREFERENCES FOR HOUSING ASSIST22 ANCE. (a) PUBLIC HOUSING.—

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

24 dwelling units in public housing that are available

25 for occupancy shall be made available—
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1 (A) without regard to the requirements re2 garding preferences set forth in section

3 6(c)(4)(A) of the United States Housing Act of

4 1937, as amended; and

5 (B) subject to a system of preferences that

6 the public housing agency for the public hous7 ing may establish, which shall be based upon

8 local housing needs and priorities, as deter9 mined by the agency.

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

11 not apply to projects or portions of projects des12 ignated for occupancy pursuant to section 7(a) of

13 the United States Housing Act of 1937, as amend14 ed, for which the Secretary has determined that ap15 plication of such paragraph would result in excessive

16 delays in meeting the housing need of such families.

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

18 States Housing Act of 1937, as amended, the provi19 sions of this subsection shall apply to public housing

20 developed or operated pursuant to a contract be21 tween the Secretary of Housing and Urban Develop22 ment and an Indian housing authority.

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

24 1996, the selection of families for assistance under section
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1 8 of the United States Housing Act of 1937, as amend2 ed—

3 (1) shall not be subject to the requirements re4 garding preferences set forth in sections 8(d)(1)(A)

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

6 1937, as amended; and

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

8 that may be established by the public housing agen9 cy administering such assistance, which shall be

10 based upon local housing needs and priorities, as de11 termined by the agency.

12 (c) CONFORMING PROVISIONS.—Each reference in

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

14 16(c), and 24(e)(2) of the United States Housing Act of

15 1937, as amended, sections 212(a)(3), 217(c)(2)(B),

16 225(d)(3), 455(a)(2)(D)(iii), 522(f)(6)(B), and

17 522(j)(2)(A) of the Cranston-Gonzalez National Afford18 able Housing Act, section 226(b)(6)(B) of the Low-In19 come Housing Preservation and Resident Homeownership

20 Act of 1990, section r03(g)(2) of the Housing and Com21 munity Development Amendments of 1978, and section

22 655 of the Housing and Community Development Act of

23 1992, to the preferences under section 6(c)(4)(A),

24 8(d)(1)(A), or 8(o)(3)(B) of the United States Housing

25 Act of 1937, as amended, shall be considered, during fiscal
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1 year 1996, to refer to the applicable preferences estab2 lished (if any) under the subsections (a)(1)(B) and (b)(2).

3 (d) NEW CONSTRUCTION/SUBSTANTIAL REHABILITA4 TION HOUSING.—During fiscal year 1996, dwelling units

5 in housing constructed or substantially rehabilitated pur6 suant to assistance provided under section 8(b)(2) of the

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

8 section existed before October 1, 1983) and projects fi9 nanced under section 202 of the Housing Act of 1959 (as

10 such section existed before the enactment of the Cranston11 Gonzalez National Affordable Housing Act) shall be made

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

13 of the Cranston-Gonzalez National Affordable Housing

14 Act and no other provision of law relating to Federal ten15 ant selection preferences shall apply to such housing.

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

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

18 Act of 1965 shall not be effective.

19 SEC. 204. MERGER LANGUAGE FOR ASSISTANCE FOR

20 THE RENEWAL OF EXPIRING SECTION 8 OF SUBSIDY

21 CONTRACTS AND ANNUAL CONTRIBUTIONS FOR ASSISTED

22 HOUSING.—All remaining obligated and unobligated bal23 ances in the Renewal of Expiring Section 8 Subsidy Con24 tracts account on September 30, 1995, shall immediately

25 thereafter be transferred to and merged with the obligated
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1 and unobligated balances, respectively, of the Annual Con2 tributions for Assisted Housing account.

3 SEC. 205. EXTENSION OF HOME EQUITY CONVER4 SION MORTGAGE PROGRAM.—Section 255(g) of the Na5 tional Housing Act (12 U.S.C. 1715z–20(g)) is amend6 ed—

7 (1) in the first sentence, by striking ‘‘Septem8 ber 30, 1995’’ and inserting ‘‘September 30, 1996’’;

9 and

10 (2) in the second sentence, by striking

11 ‘‘25,000’’ and inserting ‘‘30,000’’.

12 SEC. 206. DEBT FORGIVENESS.—(a) The Secretary

13 of Housing and Urban Development shall cancel the in14 debtedness of the Hubbard Hospital Authority of Hub15 bard, Texas, relating to the public facilities loan for

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

17 the Housing Amendments of 1955. Such hospital author18 ity is relieved of all liability to the Government for the

19 outstanding principal balance on such loan, for the

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

21 and charges payable in connection with such loan.

22 (b) The Secretary of Housing and Urban Develop23 ment shall cancel the indebtedness of the Groveton Texas

24 Hospital Authority relating to the public facilities loan for

25 Project Number TEX–41–PFL0162, issued under title II
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1 of the Housing Amendments of 1955. Such hospital au2 thority is relieved of all liability to the Government for

3 the outstanding principal balance on such loan, for the

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

5 and charges payable in connection with such loan.

6 SEC. 207. DELAYING OUTLAYS FOR PUBLIC HOUS7 ING DEVELOPMENT.—During fiscal year 1996, a public

8 housing agency or Indian housing authority may slow the

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

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

11 rate at which such agency or authority takes actions re12 sulting in outlays of amounts appropriated under the head

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

14 or any prior appropriation Act, and the Secretary may

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

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

17 SEC. 208. ASSESSMENT COLLECTION DATES FOR

18 OFFICE OF FEDERAL HOUSING ENTERPRISE OVER19 SIGHT.—Section 1316(b) of the Housing and Community

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

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

22 paragraph:

23 ‘‘(2) TIMING OF PAYMENT.—The annual assess24 ment shall be payable semiannually for each fiscal

25 year, on October 1st and April 1st.’’.
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1 SEC. 209. SPENDING LIMITATIONS.—(a) None of the

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

3 1996 to sign, promulgate, implement, or enforce any re4 quirement or regulation relating to the application of the

5 Fair Housing Act (42 U.S.C. 3601, et seq.) to the busi6 ness of property insurance, or for any activity pertaining

7 to property insurance.

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

9 be expended by the Department for the purpose of finaliz10 ing the Department’s proposed rule dated July 21, 1994

11 regarding amendments to Regulation X, the Real Estate

12 Settlement Procedures Regulation, or for the purpose of

13 developing or issuing any interpretive rule with respect to

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

15 proposed rule.

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

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

18 seven Assistant Secretaries at the Department of Housing

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

20 the Department of Housing and Urban Development Act.

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

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

23 94 schedule C and non-career senior executive service em24 ployees at the Department of Housing and Urban Devel25 opment.
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1 (e) None of the funds made available in this Act may

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

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

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

5 local government (or any entity or agency thereof) because

6 of the enactment, enforcement, or effectiveness of any

7 State or local law or regulation requiring the spoken or

8 written use of the English language or declaring English

9 as the official language.

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

11 shall be used for publicity or propaganda purposes not au12 thorized by the Congress.

13 SEC. 210. CLARIFICATIONS.—For purposes of Fed14 eral law, the Paul Mirabile Center in San Diego, Califor15 nia, including areas within such Center that are devoted

16 to the delivery of supportive services, has been determined

17 to satisfy the ‘‘continuum of care’’ requirements of the De18 partment of Housing and Urban Development, and shall

19 be treated as:

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

21 contain sleeping accommodations and kitchen and

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

23 is used exclusively to facilitate the transition of

24 homeless individuals (within the meaning of section

25 103 of the Stewart B. McKinney Homeless Assist-
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1 ance Act (42 U.W.C. 11302)) to independent living

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

3 with each cubicle constituting a separate bedroom

4 and residential unit, (iv) are used on other than a

5 transient basis, and (v) shall be originally placed in

6 service on August 1, 1995; and

7 (b) property that is entirely residential rental

8 property, namely, a project for residential rental

9 property.

10 SEC. 211. EXTENSION OF MULTIFAMILY HOUSING

11 FINANCE PROGRAMS.—(a) Section 542(b)(5) of the Hous12 ing and Community Development Act of 1992 (12 U.S.C.

13 1707 note) is amended by striking ‘‘on not more than

14 15,000 units over fiscal years 1993 and 1994’’ and insert15 ing ‘‘on not more than 7,500 units during fiscal year

16 1996’’.

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

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

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

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

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

22 SEC. 212. DOCUMENTATION OF MULTIFAMILY

23 REFINANCINGS.—Notwithstanding the 16th paragraph

24 under the item relating to ‘‘ADMINISTRATIVE PROVI25 SIONS’’ in title II of the Departments of Veterans Affairs
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1 and Housing and Urban Development, and Independent

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

3 108 Stat. 2316), the amendments to section 223(a)(7) of

4 the National Housing Act made by the 15th paragraph

5 of such Act shall be effective during fiscal years 1996 and

6 thereafter.

7 SEC. 201. EXTEND ADMINISTRATIVE PROVISIONS FROM

8 THE RESCISSION ACT.

9 (a) PUBLIC AND INDIAN HOUSING MODERNIZATION.—

10 (1) EXPANSION OF USE OF MODERNIZATION

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

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

13 ‘‘(q)(1) In addition to the purposes enumerated in sec14 tions 14(a), 14(b), and 5(a), a public housing agency may

15 use modernization assistance provided under section 14,

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

17 any eligible activity authorized by either of those sections

18 or by applicable Appropriations Acts, including the demoli19 tion, rehabilitation, revitalization, and replacement of ex20 isting units and projects and, for up to 10 percent of its

21 allocation of such funds in any fiscal year, for any operat22 ing subsidy purpose authorized in section 9. Units and

23 projects assisted hereunder shall be for low-income families

24 and shall be eligible for operating subsidies subject to the

25 availability of appropriated funds.
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1 ‘‘(2) A public housing agency may provide assistance

2 to developments that include units for other than low-in3 come families, hereinafter called ‘‘mixed income develop4 ments’’, in the form of a grant, loan, or other form of invest5 ment which may be made to: (A) the public housing agency

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

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

8 housing agency or its affiliate is a general partner, manag9 ing member, or otherwise significantly directs the activities

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

11 housing agency the option to purchase the development

12 within 20 years after initial occupancy in accordance with

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

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

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

16 master contract or by individual lease, for occupancy by

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

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

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

20 such development that the financial assistance provided by

21 the public housing agency bears to the total equity invest22 ment in the development, or (ii) not be less than the number

23 of units that could have been developed under the conven24 tional public housing program with the assistance involved,

25 or (iii) as may otherwise be approved by the Secretary.
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1 ‘‘(3) A mixed income development may elect to have

2 all units subject only to the applicable local real estate

3 taxes, notwithstanding that the low-income units assisted

4 by public housing funds would otherwise be subject to sec5 tion 6(d) of the Housing Act of 1937.’’.

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

7 of the Emergency Supplemental Appropriations for

8 Additional Disaster Assistance, for Antiterrorism Ini9 tiatives, for Assistance in the Recovery from the Trag10 edy that Occurred at Oklahoma City, and Rescissions

11 Act, 1995 (109 Stat. 235), is amended to read as fol12 lows:

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

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

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

16 provided from funds made available for fiscal year 1996

17 or any preceding fiscal year.’’.

18 (3) APPLICABILITY.—In accordance with section

19 201(b)(2) of the United States Housing Act of 1937,

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

21 public housing developed or operated pursuant to a

22 contract between the Secretary of Housing and Urban

23 Development and an Indian housing authority.’’.

24 (b) ONE-FOR-ONE REPLACEMENT OF PUBLIC AND IN25 DIAN HOUSING.—
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1 (1) PERMANENT AUTHORITY.—Section 1002 of

2 Public Law 104–19 is amended to read as follows:

3 ‘‘(d) Subsections (a), (b), and (c) shall be effective for

4 applications for the demolition, disposition, or conversion

5 to homeownership of public housing approved by the Sec6 retary, and other consolidation and relocation activities of

7 public housing agencies undertaken on, before, or after Sep8 tember 30, 1995 and before September 30, 1996.’’.

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

10 Act of 1937 is amended by adding at the end the fol11 lowing new sentence: ‘‘No one may rely on the preced12 ing sentence as the basis for reconsidering a final

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

14 a court.’’.

15 (3) APPLICABILITY.—In accordance with section

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

17 the amendments made by this section and by sections

18 1002 (a), (b), and (c) of Public Law 104–19 shall

19 apply to public housing developed or operated pursu20 ant to a contract between the Secretary of Housing

21 and Urban Development and an Indian housing au22 thority.
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1 SEC. 202. PUBLIC HOUSING RENTS AND INCOME

2 TARGETING.

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

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

5 end the following new sentence: ‘‘Notwithstanding the pre6 vious sentence, the Secretary shall permit a public housing

7 agency to charge a family residing in public housing up

8 to $25 as rent.’’.

9 (b) ESTABLISHMENT OF CEILING RENTS.—Section

10 3(a)(2) of the United States Housing Act of 1937 is amend11 ed to read as follows:

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

13 housing agency may—

14 ‘‘(A) adopt ceiling rents that reflect the rea15 sonable market value of the housing, but that are

16 not less than the monthly costs—

17 ‘‘(i) to operate the housing of the agen18 cy; and

19 ‘‘(ii) to make a deposit to a replace20 ment reserve (in the sole discretion of the

21 public housing agency); and

22 ‘‘(B) allow families to pay ceiling rents re23 ferred to in subparagraph (A), unless, with re24 spect to any family, the ceiling rent established

25 under this paragraph would exceed the amount
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1 payable as rent by that family under paragraph

2 (1).’’.

3 (c) DEFINITION OF ADJUSTED INCOME.—Section

4 3(b)(5) of the United States Housing Act of 1937 is amend5 ed—

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

7 ‘‘and’’;

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

9 the period and inserting ‘‘; and ’’; and

10 (3) by inserting after subparagraph (G) the fol11 lowing:

12 ‘‘(H) for public housing, and other adjust13 ments to earned income established by the public

14 housing agency.

15 If a public housing agency adopts other adjustments

16 to income pursuant to subparagraph (H), the Sec17 retary (i) shall not take into account any reduction

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

19 dwelling rental income resulting from those adjust20 ments when calculating the contributions under sec21 tion 9 for the public housing agency for the operation

22 of the public housing.’’.

23 (d) REPEAL OF FEDERAL PREFERENCES.—

24 (1) PUBLIC HOUSING.—
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1 (A) IN GENERAL.—Section 6(c)(4)(A) of the

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

3 1437d(c)(4)(A)) is amended to read as follows:

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

5 and an opportunity for public comment, of writ6 ten system of preferences for admission to public

7 housing, if any, that is not inconsistent with the

8 comprehensive housing affordability strategy

9 under title I of the Cranston-Gonzalez National

10 Affordable Housing Act;’’.

11 (B) APPLICABILITY.—In accordance with

12 section 201(b)(2) of the United States Housing

13 Act of 1937, section 6(c)(4)(A) of the United

14 States Housing Act of 1937, as amended by

15 paragraph (1), shall apply to public housing de16 veloped or operated pursuant to a contract be17 tween the Secretary and an Indian housing au18 thority.

19 (2) SECTION 8 EXISTING AND MODERATE REHA20 BILITATION.—Section 8(d)(1)(A) of the United States

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

22 amended to read as follows:

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

24 function of the owner, subject to the provisions of

25 the annual contributions contract between the
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1 Secretary and the agency, except that for the cer2 tificate and moderate rehabilitation programs

3 only, for the purpose of selecting families to be

4 assisted, the public housing agency may estab5 lish, after public notice and an opportunity for

6 public comment, written system of preferences for

7 selection that are not inconsistent with the com8 prehensive housing affordability strategy under

9 title I of the Cranston-Gonzalez National Afford10 able Housing Act;’’.

11 (3) SECTION 8 VOUCHER PROGRAM.—Section

12 8(o)(3)(B) of the United States Housing Act of 1937

13 (42 U.S.C. 1437f(o)(3)(B)) is amended to read as fol14 lows:

15 ‘‘(B) For the purpose of selecting families to

16 be assisted under this subsection, the public hous17 ing agency may establish, after public notice and

18 an opportunity for public comment, written sys19 tem of preferences for selection that are not in20 consistent with the comprehensive housing af21 fordability strategy under title I of the Cranston22 Gonzalez National Affordable Housing Act.’’.

23 (4) SECTION 8 NEW CONSTRUCTION AND SUB24 STANTIAL REHABILITATION.—
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1 (A) REPEAL.—Section 545(c) of the Cran2 ston-Gonzalez National Affordable Housing Act

3 (42 U.S.C. 1437f note) is amended to read as fol4 lows:

5 ‘‘(c) [Reserved.]’’.

6 (B) PROHIBITION.—Notwithstanding any

7 other provision of law, no Federal tenant selec8 tion preferences shall apply with respect to—

9 (i) housing constructed or substantially

10 rehabilitated pursuant to assistance pro11 vided under section 8(b)(2) of the United

12 States Housing Act of 1937 (as such section

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

14 or

15 (ii) projects financed under section 202

16 of the Housing Act of 1959 (as such section

17 existed on the day before the date of enact18 ment of the Cranston-Gonzalez National Af19 fordable Housing Act).

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

21 Housing and Urban Development Act of 1965 (12

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

23 ‘‘(k) [Reserved.]’’.

24 (6) CONFORMING AMENDMENTS.—
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1 (A) UNITED STATES HOUSING ACT OF

2 1937.—The United States Housing Act of 1937

3 (42 U.S.C. 1437 et seq.) is amended—

4 (i) in section 6(o), by striking ‘‘pref5 erence rules specified in’’ and inserting

6 ‘‘written selection criteria established pursu7 ant to’’;

8 (ii) in section 7(a)(2), by striking ‘‘ac9 cording to the preferences for occupancy

10 under’’ and inserting ‘‘in accordance with

11 the written selection criteria established

12 pursuant to’’;

13 (iii) in section 7(a)(3), by striking

14 ‘‘who qualify for preferences for occupancy

15 under’’ and inserting ‘‘who meet the written

16 selection criteria established pursuant to’’;

17 (iv) in section 8(d)(2)(A), by striking

18 the last sentence;

19 (v) in section 8(d)(2)(H), by striking

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

21 an’’ and inserting ‘‘An’’;

22 (vi) in section 16(c), in the second sen23 tence, by striking ‘‘the system of preferences

24 established by the agency pursuant to sec25 tion 6(c)(4)(A)(ii)’’ and inserting ‘‘the writ-
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1 ten selection criteria established by the pub2 lic housing agency pursuant to section

3 6(c)(4)(A)’’; and

4 (vii) in section 24(e)—

5 (I) by striking ‘‘(e) EXCEPTIONS.’’

6 and all that follows through ‘‘The Sec7 retary may’’ and inserting the follow8 ing:

9 ‘‘(e) EXCEPTION TO GENERAL PROGRAM REQUIRE10 MENTS.—The Secretary may’’; and

11 (II) by striking paragraph (2).

12 (B) CRANSTON-GONZALEZ NATIONAL AF13 FORDABLE HOUSING ACT.—The Cranston-Gon14 zalez National Affordable Housing Act (42

15 U.S.C. 12704 et seq.) is amended—

16 (i) in section 455(a)(2)(D)(iii), by

17 striking ‘‘would qualify for a preference

18 under’’ and inserting ‘‘meet the written se19 lection criteria established pursuant to’’;

20 (ii) in section 522(f)(6)(B), by striking

21 ‘‘any preferences for such assistance under

22 section 8(d)(1)(A)(i)’’ and inserting ‘‘the

23 written selection criteria established pursu24 ant to section 8(d)(1)(A)’’; and
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1 (C) LOW-INCOME HOUSING PRESERVATION

2 AND RESIDENT HOMEOWNERSHIP ACT OF 1990.—

3 The second sentence of section 226(b)(6)(B) of the

4 Low-Income Housing Preservation and Resident

5 Homeownership Act of 1990 (12 U.S.C.

6 4116(b)(6)(B)) is amended by striking ‘‘require7 ment for giving preferences to certain categories

8 of eligible families under’’ and inserting ‘‘written

9 selection criteria established pursuant to’’.

10 (D) HOUSING AND COMMUNITY DEVELOP11 MENT ACT OF 1992.—Section 655 of the Housing

12 and Community Development Act of 1992 (42

13 U.S.C. 13615) is amended by striking ‘‘pref14 erences for occupancy’’ and all that follows

15 through the period at the end and inserting ‘‘se16 lection criteria established by the owner to elder17 ly families according to such written selection

18 criteria, and to near-elderly families according

19 to such written selection criteria, respectively.’’.

20 (E) REFERENCES IN OTHER LAW.—Any ref21 erence in any Federal law other than any provi22 sion of any law amended by paragraphs (1)

23 through (5) of this subsection to the preferences

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

25 8(d)(1)(A)(i), or 8(o)(3)(B) of the United States
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1 Housing Act of 1937 (as such sections existed on

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

3 shall be considered to refer to the written selec4 tion criteria established pursuant to section

5 6(c)(4)(A), 8(d)(1)(A), or 8(o)(3)(B), respec6 tively, of the United States Housing Act of 1937,

7 as amended by this section.

8 (e) APPLICABILITY.—In accordance with section

9 201(b)(2) of the United States Housing Act of 1937, the

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

11 this section shall also apply to public housing developed or

12 operated pursuant to a contract between the Secretary of

13 Housing and Urban Development and an Indian housing

14 authority.

15 SEC. 203. CONVERSION OF CERTAIN PUBLIC HOUSING TO

16 VOUCHERS.

17 (a) IDENTIFICATION OF UNITS.—

18 (1) Each public housing agency shall identify

19 any public housing developments—

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

21 (B) that total more than—

22 (i) 600 dwelling units; or

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

24 buildings or substantially vacant buildings,

25 300 dwelling units;
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1 (C) that have a vacancy rate of at least 10

2 percent for dwelling units not in funded on3 schedule modernization programs;

4 (D) identified as distressed housing that the

5 public housing agency cannot assure the long6 term viability as public housing through revital7 ization, density reduction, or achievement of a

8 broader range of household income; and

9 (E) for which the estimated cost of contin10 ued operation and modernization of the develop11 ments as public housing exceeds the cost of pro12 viding tenant-based assistance under section 8 of

13 the United States Housing Act of 1937 for all

14 families in occupancy, based on appropriate in15 dicators of cost (such as the percentage of total

16 development cost required for modernization).

17 (b) IMPLEMENTATION AND ENFORCEMENT.—

18 (1) STANDARDS FOR IMPLEMENTATION.—The

19 Secretary shall establish standards to permit imple20 mentation of this section in fiscal year 1996.

21 (2) CONSULTATION.—Each public housing agen22 cy shall consult with the applicable public housing

23 tenants and the unit of general local government in

24 identifying any public housing developments under

25 subsection (a).
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1 (3) FAILURE OF PHAS TO COMPLY WITH SUB2 SECTION (a).—Where the Secretary determines that—

3 (A) a public housing agency has failed

4 under subsection (a) to identify public housing

5 developments for removal from the inventory of

6 the agency in a timely manner;

7 (B) a public housing agency has failed to

8 identify one or more public housing develop9 ments which the Secretary determines should

10 have been identified under subsection (a); or

11 (C) one or more of the developments identi12 fied by the public housing agency pursuant to

13 subsection (a) should not, in the determination of

14 the Secretary, have been identified under that

15 subsection;

16 the Secretary may designate the developments to be

17 removed from the inventory of the public housing

18 agency pursuant to this section.

19 (c) REMOVAL OF UNITS FROM THE INVENTORIES OF

20 PUBLIC HOUSING AGENCIES.—

21 (1) Each public housing agency shall develop

22 and carry out a plan in conjunction with the Sec23 retary for the removal of public housing units identi24 fied under subsection (a) or subsection (b)(3), over a

25 period of up to five years, from the inventory of the
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1 public housing agency and the annual contributions

2 contract. The plan shall be approved by the relevant

3 local official as consistent with the Comprehensive

4 Housing Affordability Strategy under title I of the

5 Housing and Community Development Act of 1992,

6 including a description of any disposition and demo7 lition plan for the public housing units.

8 (2) The Secretary may extend the deadline in

9 paragraph (1) for up to an additional five years

10 where the Secretary makes a determination that the

11 deadline is impracticable.

12 (3) The Secretary shall take appropriate actions

13 to ensure removal of developments identified under

14 subsection (a) from the inventory of a public housing

15 agency, if the public housing agency fails to ade16 quately develop a plan under paragraph (1), or fails

17 to adequately implement such plan in accordance

18 with the terms of the plan.

19 (4) To the extent approved in appropriations,

20 the Secretary may establish requirements and provide

21 funding under the Urban Revitalization Demonstra22 tion program for demolition and disposition of public

23 housing under this section.

24 (5) Notwithstanding any other provision of law,

25 if a development is removed from the inventory of a
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1 public housing agency and the annual contributions

2 contract pursuant to paragraph (1), the Secretary

3 may authorize or direct the transfer of—

4 (A) in the case of an agency receiving as5 sistance under the comprehensive improvement

6 assistance program, any amounts obligated by

7 the Secretary for the modernization of such de8 velopment pursuant to section 14 of the United

9 States Housing Act of 1937;

10 (B) in the case of an agency receiving pub11 lic and Indian housing modernization assistance

12 by formula pursuant to section 14 of the United

13 States Housing Act of 1937, any amounts pro14 vided to the agency which are attributable pur15 suant to the formula for allocating such assist16 ance to the development removed from the inven17 tory of that agency; and

18 (C) in the case of an agency receiving as19 sistance for the major reconstruction of obsolete

20 projects, any amounts obligated by the Secretary

21 for the major reconstruction of the development

22 pursuant to section 5 of such Act,

23 to the tenant-based assistance program of such

24 agency.

25 (d) CONVERSION TO TENANT-BASED ASSISTANCE.—
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1 (1) The Secretary shall make authority available

2 to a public housing agency to provide tenant-based

3 assistance pursuant to section 8 to families residing

4 in any development that is removed from the inven5 tory of the public housing agency and the annual con6 tributions contract pursuant to subsection (b).

7 (2) Each conversion plan under subsection (c)

8 shall—

9 (A) require the agency to notify families re10 siding in the development, consistent with any

11 guidelines issued by the Secretary governing such

12 notifications, that the development shall be re13 moved from the inventory of the public housing

14 agency and the families shall receive tenant15 based or project-based assistance, and to provide

16 any necessary counseling for families; and

17 (B) ensure that all tenants affected by a de18 termination under this section that a develop19 ment shall be removed from the inventory of a

20 public housing agency shall be offered tenant21 based or project-based assistance and shall be re22 located, as necessary, to other decent, safe, sani23 tary, and affordable housing which is, to the

24 maximum extent practicable, housing of their

25 choice.
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1 (e) IN GENERAL.—

2 (1) The Secretary may require a public housing

3 agency to provide such information as the Secretary

4 considers necessary for the administration of this sec5 tion.

6 (2) As used in this section, the term ‘‘develop7 ment’’ shall refer to a project or projects, or to por8 tions of a project or projects, as appropriate.

9 (3) Section 18 of the United States Housing Act

10 of 1937 shall not apply to the demolition of develop11 ments removed from the inventory of the public hous12 ing agency under this section.

13 SEC. 204. STREAMLINING SECTION 8 TENANT-BASED AS14 SISTANCE.

15 (a) ‘‘TAKE-ONE, TAKE-ALL’’.—Section 8(t) of the

16 United States Housing Act of 1937 is hereby repealed.

17 (b) EXEMPTION FROM NOTICE REQUIREMENTS FOR

18 THE CERTIFICATE AND VOUCHER PROGRAMS.—Section

19 8(c) of such Act is amended—

20 (1) in paragraph (8), by inserting after ‘‘sec21 tion’’ the following: ‘‘(other than a contract for assist22 ance under the certificate or voucher program)’’; and

23 (2) in the first sentence of paragraph (9), by

24 striking ‘‘(but not less than 90 days in the case of

25 housing certificates or vouchers under subsection (b)
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1 or (o))’’ and inserting ’’, other than a contract under

2 the certificate or voucher program’’.

3 (c) ENDLESS LEASE.—Section 8(d)(1)(B) of such Act

4 is amended—

5 (1) in clause (ii), by inserting ‘‘during the term

6 of the lease,’’ after ‘‘(ii)’’; and

7 (2) in clause (iii), by striking ‘‘provide that’’

8 and inserting ‘‘during the term of the lease,’’.

9 SEC. 205. (a) FAIR MARKET RENTALS.—The Sec10 retary shall establish fair market rentals for purposes of sec11 tion 8(c)(1) of the United States Housing Act of 1937, as

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

13 shall be based on the 40th percentile rent of rental distribu14 tions of standard quality rental housing units. In establish15 ing such fair market rentals, the Secretary shall consider

16 only the rents for dwelling units occupied by recent movers

17 and may not consider the rents for public housing dwelling

18 units or newly constructed rental dwelling units.

19 (b) ANNUAL ADJUSTMENTS.—Section 8(c)(2)(A) of the

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

21 1437f(c)(2)(A)) is further amended—

22 (1) in the third sentence by inserting ‘‘and fiscal

23 year 1996’’ after ‘‘1995’’;
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1 (2) in the fourth sentence, strike ‘‘For’’ and in2 sert: ‘‘Except for assistance under the certificate pro3 gram, for’’;

4 (3) after the fourth sentence, insert:

5 ‘‘In the case of assistance under the certificate pro6 gram, 0.01 shall be subtracted from the amount of the

7 annual adjustment factor (except that the factor shall

8 not be reduced to less than 1.0), and the adjusted rent

9 shall not exceed the rent for a comparable unassisted

10 unit of similar quality, type, and age in the same

11 market area.’’; and

12 (4) in the last sentence, by

13 (A) striking ‘‘sentence’’ and inserting ‘‘two

14 sentences’’ and

15 (B) inserting ‘‘and fiscal year 1996’’ after

16 ‘‘1995’’.

17 (c) ADMINISTRATIVE FEES.—Notwithstanding the sec18 ond sentence of section 8(q)(1) of the United States Housing

19 Act of 1937, as amended, for fiscal year 1996, the portions

20 of the fees for costs incurred by public housing agencies in

21 administering the certificate, voucher, and moderate reha22 bilitation programs under section 8 shall not exceed 7.0 per23 cent of the fair market rental established for a 2-bedroom

24 existing rental dwelling unit in the market area of the pub25 lic housing agency.
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1 (d) DELAY OF ISSUANCE AND REISSUANCE OF VOUCH2 ERS AND CERTIFICATES.—Notwithstanding any other pro3 vision of law, a public housing agency administering cer4 tificate or voucher assistance provided under subsection (b)

5 or (o) of section 8 of the United States Housing Act of 1937,

6 as amended, shall delay for 6 months, the use of any

7 amounts of such assistance (or the certificate or voucher

8 representing assistance amounts) made available by the ter9 mination during fiscal year 1996 of such assistance on be10 half of any family for any reason, but not later than Octo11 ber 1, 1996; with the exception of any certificates assigned

12 or committed to project based assistance as permitted other13 wise by the Act, accomplished prior to the effective date of

14 this Act.

15 SEC. 206. PUBLIC HOUSING/SECTION 8 MOVING TO WORK

16 DEMONSTRATION.

17 (a) PURPOSE.—The purpose of this demonstration is

18 to give public housing agencies and the Secretary of Hous19 ing and Urban Development the flexibility to design and

20 test various approaches for providing and administering

21 housing assistance that: reduce cost and achieve greater cost

22 effectiveness in Federal expenditures; give incentives to fam23 ilies with children where the head of household is working,

24 seeking work, or is preparing for work by participating in

25 job training, educational programs, or programs that assist
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1 people to obtain employment and become economically self2 sufficient; and increase housing choices for lower-income

3 families.

4 (b) PROGRAM AUTHORITY.—The Secretary of Housing

5 and Urban Development shall conduct a demonstration pro6 gram under this section beginning in fiscal year 1996 under

7 which up to 30 public housing agencies (including Indian

8 housing authorities) administering the public or Indian

9 housing program and the section 8 housing assistance pay10 ments program may be selected by the Secretary to partici11 pate. The Secretary shall provide training and technical as12 sistance during the demonstration and conduct detailed

13 evaluations of such agencies in an effort to identify

14 replicable program models promoting the purpose of the

15 demonstration. Under the demonstration, notwithstanding

16 any provision of the United States Housing Act of 1937

17 except as provided in subsection (d), an agency may com18 bine operating assistance provided under section 9 of the

19 United States Housing Act of 1937, modernization assist20 ance provided under section 14 of such Act, and assistance

21 provided under section 8 of such Act for the certificate and

22 voucher programs, to provide housing assistance for low23 income families, as defined in section 3(b)(2) of the United

24 States Housing Act of 1937, and services to facilitate the
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1 transition to work on such terms and conditions as the

2 agency may propose and the Secretary may approve.

3 (c) APPLICATION.—An application to participate in

4 the demonstration—

5 (1) shall request authority to combine assistance

6 under sections 8, 9, and 14 of the United States

7 Housing Act of 1937;

8 (2) shall be submitted only after the public hous9 ing agency provides for citizen participation through

10 a public hearing and, if appropriate, other means;

11 (3) shall include a plan developed by the agency

12 that takes into account comments from the public

13 hearing and any other public comments on the pro14 posed program, and comments from current and pro15 spective residents who would be affected, and that in16 cludes criteria for—

17 (A) selecting families to be assisted, which

18 shall require that at least 75 percent of the fami19 lies selected to participate in the demonstration

20 shall be very low-income families, as defined in

21 section 3(b)(2) of the United States Housing Act

22 of 1937, and at least 50 percent of the families

23 selected shall have incomes that do not exceed 30

24 percent of the median family income for the

25 area, as determined by the Secretary with ad-
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1 justments for smaller and larger families, except

2 that the Secretary may establish income ceilings

3 higher or lower than 30 percent of the median

4 for the area on the basis of the Secretary’s find5 ings that such variations are necessary because

6 of unusually high or low family income;

7 (B) setting reasonable rents payable by fam8 ilies, which shall be designed to encourage em9 ployment and self-sufficiency by participating

10 families, consistent with the purpose of this dem11 onstration, such as by excluding some or all of

12 a family’s earned income for purposes of deter13 mining rent;

14 (C) continuing to assist substantially the

15 same total number of eligible low-income families

16 as would have been served had the amounts not

17 been combined;

18 (D) maintaining a comparable mix of fami19 lies (by family size) as would have been provided

20 had the amounts not been used under the dem21 onstration;

22 (E) assuring that housing assisted under

23 the demonstration program meets housing qual24 ity standards established or approved by the Sec25 retary; and
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1 (F) other program design features required

2 by the Secretary.

3 (4) may request assistance for training and tech4 nical assistance to assist with design of the dem5 onstration and to agree to cooperate with detailed

6 evaluation.

7 (d) SELECTION.—In selecting among applications, the

8 Secretary shall take into account the potential of each agen9 cy to plan and carry out a program under the demonstra10 tion, the relative performance by an agency under the pub11 lic housing management assessment program under section

12 6(j) of the United States Housing Act of 1937, and other

13 appropriate factors as determined by the Secretary.

14 (e) APPLICABILITY OF 1937 ACT PROVISIONS.—

15 (1) Section 18 of the United States Housing Act

16 of 1937 shall continue to apply to public housing not17 withstanding any use of the housing under this dem18 onstration.

19 (2) Section 12 of such Act shall apply to housing

20 assisted under the demonstration, other than housing

21 occupied by families receiving tenant-based assist22 ance.

23 (f) EFFECT ON SECTION 8, OPERATING SUBSIDIES,

24 AND COMPREHENSIVE GRANT PROGRAM ALLOCATIONS.—

25 The amount of assistance received under section 8, section
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1 9, or pursuant to section 14 by a public housing agency

2 participating in the demonstration under this part shall

3 not be affected by its participation.

4 (g) RECORDS, REPORTS, AND AUDITS.—

5 (1) KEEPING OF RECORDS.—Each agency shall

6 keep such records as the Secretary may prescribe as

7 reasonably necessary to disclose the amounts and the

8 disposition of amounts under this demonstration, to

9 ensure compliance with the requirements of this sec10 tion, and to measure performance.

11 (2) REPORTS.—Each agency shall submit to the

12 Secretary a report, or series of reports, in a form and

13 at a time specified by the Secretary. Each report

14 shall—

15 (A) document the use of funds made avail16 able under this section;

17 (B) provide such data as the Secretary may

18 request to assist the Secretary in assessing the

19 demonstration; and

20 (C) describe and analyze the effect of as21 sisted activities in addressing the objectives of

22 this part.

23 (3) ACCESS TO DOCUMENTS BY THE SEC24 RETARY.—The Secretary shall have access for the pur25 pose of audit and examination to any books, docu-
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1 ments, papers, and records that are pertinent to as2 sistance in connection with, and the requirements of,

3 this section.

4 (4) ACCESS TO DOCUMENTS BY THE COMPTROL5 LER GENERAL.—The Comptroller General of the Unit6 ed States, or any of the duly authorizedrepresentatives

7 of the Comptroller General, shall have access for the

8 purpose of audit and examination to any books, docu9 ments, papers, and records that are pertinent to as10 sistance in connection with, and the requirements of,

11 this section.

12 (h) EVALUATION AND REPORT.—

13 (1) CONSULTATION WITH PHA AND FAMILY REP14 RESENTATIVES.—In making assessments throughout

15 the demonstration, the Secretary shall consult with

16 representatives of public housing agencies and resi17 dents.

18 (2) REPORT TO CONGRESS.—Not later than 180

19 days after the end of the third year of the demonstra20 tion, the Secretary shall submit to the Congress a

21 final report evaluating the programs carried out

22 under the demonstration. The report shall also in23 clude findings and recommendations for any appro24 priate legislative action.
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1 (i) FUNDING FOR TECHNICAL ASSISTANCE AND EVAL2 UATION.—From amounts appropriated for assistance under

3 section 14 of the United States Housing Act of 1937 for

4 fiscal years 1996, 1997, and 1998, the Secretary may use

5 up to a total of $5,000,000—

6 (1) to provide, directly or by contract, training

7 and technical assistance—

8 (A) to public housing agencies that express

9 an interest to apply for training and technical

10 assistance pursuant to subsection (c)(4), to assist

11 them in designing programs to be proposed for

12 the demonstration; and

13 (B) to up to 10 agencies selected to receive

14 training and technical assistance pursuant to

15 subsection (c)(4), to assist them in implementing

16 the approved program; and

17 (2) to conduct detailed evaluations of the activi18 ties of the public housing agencies under paragraph

19 (1)(B), directly or by contract.

20 SEC. 207. REPEAL OF PROVISIONS REGARDING INCOME DIS21 REGARDS.

22 (a) MAXIMUM ANNUAL LIMITATION ON RENT IN23 CREASES RESULTING FROM EMPLOYMENT.—Section 957 of

24 the Cranston-Gonzalez National Affordable Housing Act is
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1 hereby repealed, retroactive to November 28, 1990, and shall

2 be of no effect.

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

4 Housing and Community Development Act of 1992 is here5 by repealed, retroactive to October 28, 1992, and shall be

6 of no effect.

7 SEC. 208. EXTENSION OF MULTIFAMILY HOUSING FINANCE

8 PROGRAMS.

9 (a) The first sentence of section 542(b)(5) of the Hous10 ing and Community Development Act of 1992 (12 U.S.C.

11 1707 note) is amended by striking ‘‘on not more than

12 15,000 units over fiscal years 1993 and 1994’’ and inserting

13 ‘‘on not more than 7,500 units during fiscal year 1996’’.

14 (b) The first sentence of section 542(c)(4) of the Hous15 ing and Community Development Act of 1992 (12 U.S.C.

16 1707 note) is amended by striking ‘‘on not to exceed 30,000

17 units over fiscal years 1993, 1994, and 1995’’ and inserting

18 ‘‘on not more than 10,000 units during fiscal year 1996’’.

19 SEC. 209. FORECLOSURE OF HUD-HELD MORTGAGES

20 THROUGH THIRD PARTIES.

21 During fiscal year 1996, the Secretary of Housing and

22 Urban Development may delegate to one or more entities

23 the authority to carry out some or all of the functions and

24 responsibilities of the Secretary in connection with the fore-
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1 closure of mortgages held by the Secretary under the Na2 tional Housing Act.

3 SEC. 210. RESTRUCTURING OF THE HUD MULTIFAMILY

4 MORTGAGE PORTFOLIO THROUGH STATE

5 HOUSING FINANCE AGENCIES.

6 During fiscal year 1996, the Secretary of Housing and

7 Urban Development may sell or otherwise transfer multi8 family mortgages held by the Secretary under the National

9 Housing Act to a State housing finance agency without re10 gard to the unit limitations in section 542(b)(5) or

11 542(c)(4) of the Housing and Community Development Act

12 of 1992.

13 SEC. 211. TRANSFER OF SECTION 8 AUTHORITY.

14 (a) Section 8 of the United States Housing Act of 1937

15 is amended by adding the following new subsection at the

16 end:

17 ‘‘(bb) TRANSFER OF BUDGET AUTHORITY.—If a

18 project-based assistance contract under this section is termi19 nated or is not renewed, or if the contract expires, the Sec20 retary shall, in order to provide continued assistance to eli21 gible families, including eligible families receiving the bene22 fit of the project-based assistance at the time of the termi23 nation, transfer any budget authority remaining in the con24 tract to another contract. The transfer shall be under such

25 terms as the Secretary may prescribe.’’.
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1 SEC. 212. DOCUMENTATION OF MULTIFAMILY

2 REFINANCINGS.

3 Notwithstanding the 16th paragraph under the item

4 relating to ‘‘ADMINISTRATIVE PROVISIONS’’ in title II of the

5 Departments of Veterans Affairs and Housing and Urban

6 Development, and Independent Agencies Appropriations

7 Act, 1995 (Public Law 103–327; 108 Stat. 2316), the

8 amendments to section 223(a)(7) of the National Housing

9 Act made by the 15th paragraph of such Act shall be effec10 tive during fiscal years 1996 and thereafter.

11 SEC. 213. DEMONSTRATION AUTHORITY.

12 (a) On and after October 1, 1995, the Secretary of

13 Housing and Urban Development shall carry out a dem14 onstration program with respect to multifamily projects

15 whose mortgages are insured under the National Housing

16 Act and that are assisted under section 8 of the United

17 States Housing Act of 1937 and whose present section 8

18 rents are, in the aggregate, in excess of 110 percent of the

19 fair market rent of the locality in which the project is lo20 cated, including projects whose section 8 contracts expire

21 on or after October 1, 1996. These programs shall be de22 signed to test the feasibility and desirability of the goal of

23 ensuring, to the maximum extent practicable, that the debt

24 service and operating expenses, including adequate reserves,

25 attributable to such multifamily projects whose mortgages

26 are insured under the National Housing Act and that are
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1 assisted under section 8 of the United States Housing Act

2 of 1937 and whose present section 8 contract rents are in

3 excess of the fair market rent of the locality in which the

4 project is located can be supported with and without mort5 gage insurance under the National Housing Act and with

6 and without above-market rents and utilizing project based

7 assistance or, with the consent of the property owner and

8 the residents, tenant based assistance, while taking into ac9 count the need for assistance of low and very low income

10 families in such projects. In carrying out this demonstra11 tion, the Secretary may use arrangements with third par12 ties, under which the Secretary may provide for the as13 sumption by the third parties (by delegation, contract, or

14 otherwise) of some or all of the functions, obligations, and

15 benefits of the Secretary.

16 (1) GOALS.—The Secretary of Housing and

17 Urban Development shall carry out the demonstration

18 programs under this section in a manner that—

19 (A) will protect the financial interests of the

20 Federal Government;

21 (B) will result in significant discretionary

22 cost savings through debt restructuring and sub23 sidy reduction; and

24 (C) will, in the least costly fashion, address

25 the goals of—
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1 (i) maintaining existing housing stock

2 in a decent, safe, and sanitary condition;

3 (ii) minimizing the involuntary dis4 placement of tenants;

5 (iii) restructuring the mortgages of

6 such projects in a manner that is consistent

7 with local housing market conditions;

8 (iv) supporting fair housing strategies;

9 (v) minimizing any adverse income

10 tax impact on property owners; and

11 (vi) minimizing any adverse impact

12 on residential neighborhoods.

13 In determining the manner in which a mortgage is

14 to be restructured or the subsidy reduced, the Sec15 retary may balance competing goals relating to indi16 vidual projects in a manner that will further the pur17 poses of this section.

18 (2) DEMONSTRATION APPROACHES.—In carrying

19 out the demonstration programs, the Secretary may

20 use one or more of the following approaches:

21 (A) Joint venture arrangements with third

22 parties, under which the Secretary may provide

23 for the assumption by the third parties (by dele24 gation, contract, or otherwise) of some or all of
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1 the functions, obligations, and benefits of the Sec2 retary.

3 (B) Subsidization of the debt service of the

4 project to a level that can be paid by an owner

5 receiving an unsubsidized market rent.

6 (C) Renewal of existing project-based assist7 ance contracts where the Secretary shall approve

8 proposed initial rent levels that do not exceed the

9 greater of 120 percent of fair market rents or

10 comparable market rents for the relevant metro11 politan market area or at rent levels under a

12 budget-based approach.

13 (D) Nonrenewal of expiring existing project14 based assistance contracts and providing tenant15 based assistance to previously assisted house16 holds.

17 (b) For purposes of carrying out demonstration pro18 grams under subsection (a)—

19 (1) the Secretary may manage and dispose of

20 multifamily properties owned by the Secretary as of

21 October 1, 1995 and multifamily mortgages held by

22 the Secretary as of October 1, 1995 for properties as23 sisted under section 8 with rents above 110 percent of

24 fair market rents without regard to any other provi25 sion of law; and
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1 (2) the Secretary may delegate to one or more

2 entities the authority to carry out some or all of the

3 functions and responsibilities of the Secretary in con4 nection with the foreclosure of mortgages held by the

5 Secretary under the National Housing Act.

6 (c) For purposes of carrying out demonstration pro7 grams under subsection (a), subject to such third party con8 sents (if any) as are necessary including but not limited

9 to (i) consent by the Government National Mortgage Asso10 ciation where it owns a mortgage insured by the Secretary;

11 (ii) consent by an issuer under the mortgage-backed securi12 ties program of the Association, subject to the responsibil13 ities of the issuer to its security holders and the Association

14 under such program; and (iii) parties to any contractual

15 agreement which the Secretary proposes to modify or dis16 continue, the Secretary or one or more third parties des17 ignated by the Secretary may take the following actions:

18 (1) Notwithstanding any other provision of law,

19 the Secretary or third party may remove, relinquish,

20 extinguish, modify, or agree to the removal of any

21 mortgage, regulatory agreement, project-based assist22 ance contract, use agreement, or restriction that had

23 been imposed or required by the Secretary, including

24 restrictions on distributions of income which the Sec25 retary or third party determines would interfere with
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1 the ability of the project to operate without above

2 market rents. The Secretary or third party may re3 quire an owner of a property assisted under the sec4 tion 8 new construction/substantial rehabilitation

5 program to apply any accumulated residual receipts

6 toward effecting the purposes of this section.

7 (2) Notwithstanding any other provision of law,

8 the Secretary of Housing and Urban Development

9 may enter into contracts to purchase reinsurance, or

10 enter into participations or otherwise transfer eco11 nomic interest in contracts of insurance or in the pre12 miums paid, or due to be paid, on such insurance to

13 third parties, on such terms and conditions as the

14 Secretary may determine.

15 (3) The Secretary may offer project-based assist16 ance with rents at or below fair market rents for the

17 locality in which the project is located and may nego18 tiate such other terms as are acceptable to the Sec19 retary and the project owner.

20 (4) If, after reducing rents as provided in sub21 section (3) hereof, the project would be unable to pay

22 full operating costs (including normal operating ex23 penses, reasonable reserves, full debt service, and rea24 sonable allowances for vacancy losses and debt service

25 coverage/owner return), the Secretary may offer to
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1 pay all or a portion of the project’s debt service, and

2 shall restrict the portion of debt service, if any, to be

3 paid by the project to the amount consistent with

4 payment of such full operating costs. The Secretary

5 may offer to make such payments monthly from the

6 appropriate Insurance Fund, for the full remaining

7 term of the insured mortgage.

8 (5) Notwithstanding any other provision of law,

9 the Secretary may forgive and cancel any FHA-in10 sured mortgage debt that a demonstration program

11 property cannot carry at market rents while bearing

12 full operating costs.

13 (6) For demonstration program properties that

14 cannot carry full operating costs (excluding debt serv15 ice) at market rents, the Secretary shall approve

16 project-based rents sufficient to carry such full operat17 ing costs and shall offer to pay the full debt service

18 in the manner provided in section 216(c)(4) hereof.

19 (d) SELECTION.—The Secretary shall select multifam20 ily projects whose mortgages are insured that are from dif21 ferent geographic areas of the nation, from States and local22 ities of varying sizes, of different occupancy profiles by in23 come, race, and age, of different financial and physical con24 ditions, and other factors as determined by the Secretary.
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1 (e) COMMUNITY AND TENANT INPUT.—In carrying out

2 this section, the Secretary shall develop procedures to obtain

3 appropriate and timely input from officials of the unit of

4 general local government affected, the community in which

5 the project is situated, and the tenant of the project.

6 (f) LIMITATION ON DEMONSTRATION AUTHORITY.—

7 The Secretary may carry out demonstration programs

8 under this section with respect to mortgages not to exceed

9 30,000 units over fiscal years 1996 and 1997: Provided,

10 That not less than fifty percent of the units participating

11 in the demonstration shall be in projects that are assisted

12 under section 8 new construction/substantial rehabilitation

13 contracts which expire after September 30, 1997. The dem14 onstration authorized under this section shall not be ex15 panded until the reports required under subsection (g) are

16 submitted to the Congress.

17 (g) REPORT TO CONGRESS.—The Secretary shall sub18 mit to the Congress every three months after the date of

19 enactment of this Act a report describing and assessing the

20 programs carried out under the demonstrations. The Sec21 retary shall also submit a final report to the Congress not

22 later than six months after the end of the demonstrations.

23 The final report shall include findings and recommenda24 tions for any legislative action appropriate to establish a

25 permanent program based on the findings under the dem-
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1 onstrations. The final report shall also include a description

2 of the status of each multifamily housing project selected

3 for the demonstrations under this section. The final report

4 shall include—

5 (1) the size of the projects;

6 (2) the geographic locations of the projects, by

7 State and region;

8 (3) the physical and financial condition of the

9 projects;

10 (4) the occupancy profile of the projects, includ11 ing the income, family size, race, and ethnic origin

12 of current tenants, and the rents paid by such ten13 ants;

14 (5) a description of actions undertaken pursuant

15 to this section, including a description of the effective16 ness of such actions and any impediments to the

17 transfer or sale of multifamily housing projects;

18 (6) a description of the extent to which the dem19 onstrations under this section have displaced tenants

20 of multifamily housings projects;

21 (7) a description of any of the functions per22 formed in connection with this section that are trans23 ferred or contracted out to public or private entities

24 or to States;
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1 (8) a description of the impact to which the dem2 onstrations under this section have affected the local3 ities and communities where the selected multifamily

4 housing projects are located; and

5 (9) a description of the extent to which the dem6 onstrations under this section have affected the owners

7 of multifamily housing projects.

8 (g) EFFECTIVE DATE.—The provisions of this section

9 shall become effective on October 1, 1996.

10 SEC. 214. CONTRACT RENEWAL.—With respect to con11 tracts for project based rental assistance under section 8 of

12 the United States Housing Act of 1937 which contracts ex13 pire during fiscal year 1996, the Secretary shall take the

14 following actions to renew such contracts:

15 (a) CONTRACT TERM.—All renewal contracts

16 under this section shall have terms of one year.

17 (b) TENANT-BASED ASSISTANCE OPTIONAL.—Not18 withstanding section 8(v) of the United States Hous19 ing Act of 1937, the Secretary may, with the consent

20 of the owner, agree to provide tenant-based rental as21 sistance under section 8(b) or 8(o) of the United

22 States Housing Act of 1937 in lieu of providing

23 project-based rental assistance under this section. The

24 Secretary may offer incentives to project owners to

25 accept tenant-based assistance.
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1 (c) DEMONSTRATION PROGRAM.—If such expir2 ing contracts are eligible for the demonstration pro3 gram under section 213 hereof, such contracts shall be

4 addressed under the terms of section 213.

5 (d) LOAN MANAGEMENT SET-ASIDE.—The Sec6 retary shall offer to renew all Loan Management Set7 Aside contracts expiring during fiscal year 1996 that

8 are not subject to the demonstration program under

9 section 213 hereof, on existing conditions and for the

10 term provided in subsection (a) hereof.

11 (e) EXPIRING CONTRACTS FOR FHA-INSURED

12 PROJECTS.—For multifamily projects whose mort13 gages are insured under the National Housing Act,

14 that are assisted under (§ 8 NC/SR), and that are not

15 subject to the demonstration program under section

16 213 hereof, the Secretary shall make two offers to

17 renew such expiring contracts:

18 (1) Renewal of the current contract, with

19 rents equal to the fair market rent of the locality

20 in which the project is located.

21 (2) Under the Loan Management Set-Aside

22 Program.

23 (f) OTHER EXPIRING CONTRACTS.—The Sec24 retary shall offer to renew all remaining expiring

25 project-based contracts, with rents equal to the fair
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1 market rent of the locality in which the project is lo2 cated.

3 (g) EFFECTIVE DATE.—The provisions of this section

4 shall become effective on October 1, 1996.

5 PRESERVATION REFORM

6 SEC. 217. 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 subparagraphs (a)(2) (D),

9 (E) and (F) and renumbering the remaining

10 subsections.

11 (2) Amend subparagraph (a)(2)(G) to read

12 as 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 striking

20 out in the first sentence ‘‘low-income’’ and in21 serting in lieu thereof ‘‘very low-income’’.

22 (2) Strike out the last sentence of subsection

23 (b), and inserting in lieu thereof ‘‘The Secretary

24 shall pay the relocation expenses of each such

25 low-income family—
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1 ‘‘(i) that does not receive section 8 assist2 ance pursuant to subsection (a);

3 ‘‘(ii) that is displaced within 180 days after

4 such prepayment; and

5 ‘‘(iii) whose rent and utility cost imme6 diately prior to displacement exceeded 30 percent

7 of adjusted income. Provided, however, that such

8 relocation payment shall not exceed $1,500 per

9 family.’’.

10 (3) Strike out subsections (c), (d) and (e).

11 (l) Strike out section 224.

12 (m) Section 225(c) is amended by—

13 (1) striking out in the first sentence all that

14 follows ‘‘shall’’ and inserting in lieu thereof

15 ‘‘provide the incentives, and, in addition, shall

16 pay the owner of the eligible housing a return

17 equal to 8 percent of the preservation equity

18 from the date that the Secretary should have

19 complied with such time limitation’’; and

20 (2) striking out, in the last sentence thereof,

21 ‘‘district’’.

22 (n) Section 226(b)(2) is amended by inserting

23 ‘‘mutual housing association’’ between ‘‘limited equity

24 cooperative ownership)’’ and ‘‘and fee simple owner25 ship.’’
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1 (o) Section 229 is amended as follows:

2 (1) Subsection (1)(B) is amended to read as

3 follows:

4 ‘‘(B) that, under regulation or contract in

5 effect before February 5, 1988, would have be6 come eligible for prepayment without prior ap7 proval of the Secretary:

8 ‘‘(i) on or before December 31, 1996, and

9 the owner of such housing filed a notice of intent

10 on or before February 28, 1995 under title VI of

11 the Low Income Housing Preservation and Resi12 dent Homeownership Act of 1990 or under title

13 II of the Emergency Low Income Housing Pres14 ervation Act of 1987; or

15 ‘‘(ii) after December 31, 1996, and the

16 owner of such housing files a notice of intent

17 under this title on or before March 1, 1996.’’.

18 (2) Subsection (8) is amended by deleting

19 in subparagraph (A) the words ‘‘determining the

20 authorized return under section 219(b)(6)(ii)’’

21 and subparagraph (B) by deleting ‘‘and 221’’

22 and deleting the words ‘‘acquisition loans under

23 the provisions of section 241(f)(3) of the National

24 Housing Act and inserting in lieu thereof, ‘‘ac-
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1 quisition grant under the provisions of section

2 220(d)(2)’’.

3 (3) Subsection (11) is amended by inserting

4 after ‘‘association’’: ‘‘(including such an organi5 zation or its affiliate that is a general partner

6 in a limited partnership)’’.

7 (4) Insert a new definition (12) as follows:

8 ‘‘(12) The term ‘Community Based Non-Profit

9 Organization’ is defined as set forth in 24 C.F.R.

10 248.101, except that a private nonprofit organization

11 shall be deemed to include an organization or its af12 filiate that is a general partner in a limited partner13 ship.’’.

14 (5) Insert a new definition (13) as follows:

15 ‘‘(13) Mutual Housing Association. A private en16 tity organized under State law that has been deter17 mined to be a tax-exempt entity under section 501c

18 of the Internal Revenue Code of 1986 (including such

19 an entity or its affiliate that is a general partner in

20 a limited partnership), and that owns, manages, and

21 continuously develops affordable housing by providing

22 long-term housing for low and moderate income indi23 viduals and families. The residents of mutual housing

24 participate in the ongoing management of the hous25 ing, and through the purchase of membership interests
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1 in the associations have the right to continue residing

2 in the housing as long as they own memberships in

3 the associations.’’.

4 (6) Subsection (1) is amended by inserting

5 new subparagraph (C) after subparagraph (B):

6 ‘‘(C) that has been determined to have pres7 ervation equity equivalent to the lesser of $5,000/

8 unit or $500,000 per project or the equivalent of

9 8 times the most recently published fair market

10 rent for the area in which the project is located

11 and the appropriate unit size for all of the units

12 in the eligible project.’’.

13 (p) Subsection 231(a) is amended by inserting

14 before the period the following: ‘‘; and (C) any resi15 dent council, community-based non-profit organiza16 tion, mutual housing association, or their affiliate

17 that acts as a general partner in a limited partner18 ship and agrees to maintain low-income affordability

19 restrictions for the remaining useful life of the hous20 ing as determined under section 222(c).’’.

21 (q) Subsection 232(a)(2) is amended to read as

22 follows:

23 ‘‘(2) restricts or inhibits an owner of such hous24 ing from receiving any benefit provided under this

25 Act;’’.
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1 (r) Inserting after section 235, the following new

2 section:

3 ‘‘SEC. 236. IMPLEMENTING PROVISIONS FOR CAPITAL

4 LOANS AND GRANTS.

5 ‘‘(a) SELF-IMPLEMENTATION.—The Secretary shall

6 implement the incentives of capital loans or grants pursu7 ant to section 219(b)(8) or 220(d)(2) upon the enactment

8 of an appropriations Act for fiscal year 1996 providing

9 funds for this purpose without issuing regulations and the

10 processing of an eligible project and any approvals rendered

11 by the Secretary under title VI of the Low Income Housing

12 Preservation and Resident Homeownership Act of 1990 or

13 title II of the Emergency Low Income Housing Preservation

14 Act of 1987 shall be effective under this title and the Sec15 retary shall not repeat any such processing.

16 ‘‘(b) PAYMENT OF EQUITY LOAN.—The Secretary shall

17 fund the loan pursuant to section 219(b)(6) within 180 days

18 after the approval of the plan of action, but shall pay an

19 8 percent return on preservation equity from 60 days after

20 approval of the plan of action. The Secretary may provide

21 funding for the capital loan provided under section

22 219(b)(8) equally over a five-year period, except that the

23 rehabilitation portion of the loan shall be funded in the first

24 installment. The Secretary shall pay the owner of the eligi25 ble housing interest on the unpaid portion of the loan at
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1 the applicable federal rate at the time that the plan of ac2 tion is approved. If the Secretary fails to make the second

3 or subsequent installment payments on said loan within 60

4 days of its due date, the owner may prepay the mortgage

5 pursuant to section 211 and retain the amount of any in6 stallment previously paid.

7 ‘‘(c) PAYMENT OF GRANT OR LOAN.—The Secretary

8 shall provide full funding for the capital grant or loan as

9 provided under section 220(d)(3) within 180 days of ap10 proval of the plan of action. If the Secretary fails to make

11 such payment, the owner may prepay the existing mortgage

12 pursuant to section 224.

13 ‘‘(d) ELIHPA ELIGIBILITY.—An owner of eligible

14 housing who is processing an application under title II of

15 the Emergency Low Income Housing Preservation Act of

16 1987 on the effective date of this title may apply for the

17 incentives provided in this title or exercise its right of pre18 payment pursuant to section 211.’’.

19 (s) EFFECTIVE DATE.—The provisions of this section

20 shall become effective on October 1, 1996.

21 SEC. 216. EXTENSION OF HOME EQUITY CONVERSION

22 MORTGAGE PROGRAM.—Section 255(g) of the National

23 Housing Act (12 U.S.C. 1715z–20(g)) is amended—

24 (1) in the first sentence, by striking ‘‘September

25 30, 1995’’ and inserting ‘‘September 30, 1996’’; and
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1 (2) in the second sentence, by striking ‘‘25,000’’

2 and inserting ‘‘30,000’’.

3 SEC. 217. ASSESSMENT COLLECTION DATES FOR OF4 FICE OF FEDERAL HOUSING ENTERPRISE OVERSIGHT.—

5 Section 1316(b) of the Housing and Community Develop6 ment Act of 1992 (12 U.S.C. 4516(b)) is amended by strik7 ing paragraph (2) and inserting the following new para8 graph:

9 ‘‘(2) TIMING OF PAYMENT.—The annual assess10 ment shall be payable semiannually for each fiscal

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

12 SEC. 218. SPENDING LIMITATIONS.—None of the funds

13 provided in this Act may be used during fiscal year 1996

14 to sign, promulgate, implement, or enforce any requirement

15 or regulation relating to the application of the Fair Hous16 ing Act (42 U.S.C. 3601, et seq.) to the business of property

17 insurance.

18 SEC. 219. During fiscal year 1996, notwithstanding

19 any other provision of law, the number of individuals em20 ployed by the Department of Housing and Urban Develop21 ment in other than ‘‘career appointee’’ positions in the Sen22 ior Executive Service shall not exceed 20.

23 SEC. 220. Of the $93,400,000 earmarked in Public

24 Law 101–144 (103 Stat 850), as amended by Public Law

25 101–302 (104 Stat 237), for special projects and purposes,
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1 any amounts remaining of the $500,000 made available to

2 Bethlehem House in Highland, California, for site planning

3 and land acquisition shall instead be made available to the

4 County of San Bernardino in California to assist with the

5 expansion of the Los Padrinos Gang Intervention Program

6 and the Unity Home Domestic Violence Shelter.

7 SEC. 221. PERMISSIBLE ADJUSTMENT TO MODERNIZA8 TION FORMULA.—Section 14(k) of the United States Hous9 ing Act of 1937 is amended—

10 (1) in paragraph (2)(B)—

11 (A) by striking ‘‘The Secretary’’ and insert12 ing ‘‘Except as otherwise provided in this sub13 paragraph, the Secretary’’; and

14 (B) by inserting after the first sentence the

15 following: ‘‘The Secretary may adjust the

16 amount allocated under this subparagraph as

17 necessary to provide additional weight for back18 log needs.’’;

19 (2) in paragraph (2)(C), by striking ‘‘other half’’

20 and inserting ‘‘remainder’’; and

21 (3) in paragraph (8)—

22 (A) by striking ‘‘half’’ the first time it ap23 pears and inserting ‘‘half, or such other amount

24 as the Secretary determines to be necessary pur25 suant to paragraph (2)(B),’’; and
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1 (B) by striking ‘‘half’’ the second time it

2 appears, and inserting ‘‘the remainder’’.

3 SEC. 222. (a) Section 1011 of Title X—Residential

4 Lead-Based Paint Hazard Reduction Act of 1992 is amend5 ed as follows: Strike ‘‘priority housing’’ wherever it appears

6 in said section and insert ‘‘housing’’.

7 (b) Section 1011(a) shall be amended as follows: At

8 the end of the subsection after the period, insert ‘‘Grants

9 shall only be made under this section to provide assistance

10 for housing which meets the following criteria—

11 ‘‘(1) for grants made to assist rental housing, at

12 least 50 percent of the units must be occupied by or

13 made available to families with incomes at or below

14 50 percent of the area median income level and the

15 remaining units shall be occupied or made available

16 to families with incomes at or below 80 percent of the

17 area median income level, and in all cases the land18 lord shall give priority in renting units assisted

19 under this section, for not less than 3 years following

20 the completion of lead abatement activities, to fami21 lies with a child under the age of six years—

22 ‘‘(A) except that buildings with five or more

23 units may have 20 percent of the units occupied

24 by families with incomes above 80 percent of

25 area median income level;
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1 ‘‘(2) for grants made to assist housing owned by

2 owner-occupants, all units assisted with grants under

3 this section shall be the principal residence of families

4 with incomes at or below 80 percent of the area me5 dian income level, and not less than 90 percent of the

6 units assisted with grants under this section shall be

7 occupied by a child under age of six years or shall

8 be units where a child under the age of six years

9 spends a significant amount of time visiting; and

10 ‘‘(3) notwithstanding paragraphs (1) and (2),

11 Round II grantees who receive assistance under this

12 section may use such assistance for priority hous13 ing.’’.

14 SEC. 223. EXTENSION PERIOD FOR SHARING UTILITY

15 COST SAVINGS WITH PHAS.—Section 9(a)(3)(B)(i) is

16 amended by striking ‘‘for a period not to exceed 6 years’’.

17 SEC. 224. The first sentence of section

18 221(g)(4)(C)(viii) of the National Housing Act is amended

19 by striking ‘‘September 30, 1995’’ and inserting in lieu

20 thereof ‘‘September 30, 1996’’.
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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 Of the funds appropriated under this heading in Pub20 lic Law 103–327, the Corporation for National and Com21 munity Service shall use such amounts of such funds as

22 may be necessary to carry out the orderly termination of

23 (1) the programs, activities, and initiatives under the Na24 tional 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 COURT OF VETERANS APPEALS

4 SALARIES AND EXPENSES

5 For necessary expenses for the operation of the Unit6 ed States Court of Veterans Appeals as authorized by 38

7 U.S.C. sections 7251–7292, $9,000,000, of which not to

8 exceed $678,000, to remain available until September 30,

9 1997, shall be available for the purpose of providing finan10 cial assistance as described, and in accordance with the

11 process and reporting procedures set forth, under this

12 head in Public Law 102–229.

13 DEPARTMENT OF DEFENSE—CIVIL

14 CEMETERIAL EXPENSES, ARMY

15 SALARIES AND EXPENSES

16 For necessary expenses, as authorized by law, for

17 maintenance, operation, and improvement of Arlington

18 National Cemetery and Soldiers’ and Airmen’s Home Na19 tional Cemetery, and not to exceed $1,000 for official re20 ception and representation expenses; $11,296,000

21 $11,946,000, to remain available until expended.

22 ENVIRONMENTAL PROTECTION AGENCY

23 RESEARCH AND DEVELOPMENT

24 For research and development activities, including

25 procurement of laboratory equipment and supplies; other
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1 operating expenses in support of research and develop2 ment; and construction, alteration, repair, rehabilitation

3 and renovation of facilities, not to exceed $75,000 per

4 project; $384,052,000, to remain available until Septem5 ber 30, 1997.

6 SCIENCE AND TECHNOLOGY

7 For science and technology, including research and de8 velopment activities; necessary expenses for personnel and

9 related costs and travel expenses, including uniforms, or al10 lowances therefore, as authorized by 5 U.S.C. 5901–5902;

11 services as authorized by 5 U.S.C. 3109, but at rates for

12 individuals not to exceed the per diem rate equivalent to

13 the rate for GS–18; procurement of laboratory equipment

14 and supplies; other operating expenses in support of re15 search and development; construction, alteration, repair, re16 habilitation and renovation of facilities, not to exceed

17 $75,000 per project; $500,000,000, which shall remain

18 available until September 30, 1997.

19 ENVIRONMENTAL PROGRAMS AND COMPLIANCE

20 For environmental programs and compliance activi21 ties, including hire of passenger motor vehicles; hire,

22 maintenance, and operation of aircraft; purchases of re23 prints; library memberships in societies or associations

24 which issue publications to members only or at a price to

25 members lower than to subscribers who are not members;

26 construction, alteration, repair, rehabilitation, and renova-
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1 tion of facilities, not to exceed $75,000 per project; and

2 not to exceed $6,000 for official reception and representa3 tion expenses; and for necessary expenses, not otherwise

4 provided for, for personnel and related costs and for travel

5 expenses, including uniforms, or allowances therefor, as

6 authorized by 5 U.S.C. 5901–5902; and for services as

7 authorized by 5 U.S.C. 3109, but at rates for individuals

8 not to exceed the per diem rate equivalent to the rate for

9 GS–18; $1,881,614,000, to remain available until ex10 pended: Provided, That none of the funds appropriated

11 under this heading shall be available to the National Oce12 anic and Atmospheric Administration pursuant to section

13 118(h)(3) of the Federal Water Pollution Control Act, as

14 amended: Provided further, That from funds appropriated

15 under this heading, the Administrator may make grants

16 to federally recognized Indian governments for the devel17 opment of multimedia environmental programs: Provided

18 further, That for this fiscal year and thereafter, any indus19 trial discharger to the Kalamazoo Water Reclamation

20 Plant is exempt from categorical pretreatment standards

21 under section 307(b) of the Federal Water Pollution Con22 trol Act, as amended, if the following conditions are met:

23 (1) the Kalamazoo Water Reclamation Plant applies to the

24 State of Michigan for an exemption for its industry and

25 (2) the State or the Administrator, as applicable, approves
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1 such exemption request based upon a determination that

2 there exists an operative financial contract between the

3 City of Kalamazoo and the industrial user and an ap4 proved local pretreatment program, including a joint mon5 itoring program and local controls to prevent against in6 terference and pass through: Provided further, That none

7 of the funds appropriated under this heading shall be obli8 gated or expended to implement or enforce section

9 118(c)(2)(C) of the Federal Water Pollution Control Act,

10 as amended: Provided further, That none of the funds ap11 propriated under this heading may be made available for

12 the implementation or enforcement of the stormwater per13 mitting program under section 402(p) of the Federal

14 Water Pollution Control Act, as amended: Provided fur15 ther, That none of the funds appropriated under this head16 ing shall be made available for the enforcement of permit

17 limits or compliance schedules for combined sewer over18 flows or sanitary sewer overflows under section 402 of the

19 Federal Water Pollution Control Act, as amended: Pro20 vided further, That none of the funds appropriated under

21 this heading may be used to implement or enforce section

22 404 of the Federal Water Pollution Control Act, as

23 amended: Provided further, That none of the funds appro24 priated under this heading may be made available for the

25 development and implementation of new or revised efflu-
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1 ent limitation guidelines and standards, pretreatment

2 standards, or new source performance standards under

3 the Federal Water Pollution Control Act, as amended:

4 Provided further, That the limitations on the use of funds

5 set forth in the previous five provisos shall have no force

6 and effect upon enactment of legislation which further

7 amends the named sections of the Federal Water Pollution

8 Control Act, as amended, in each of the previous four pro9 visos: Provided further, That none of the funds appro10 priated under this heading may be used by the Environ11 mental Protection Agency to impose or enforce any re12 quirement that a State implement trip reduction measures

13 to reduce vehicular emissions. Section 304 of the Clean

14 Air Act, as amended, shall not apply with respect to any

15 such requirement: Provided further, That none of the

16 funds appropriated under this heading may be used to as17 sign less than full credit for automobile emissions inspec18 tions programs required under section 182 (c), (d), or (e)

19 of the Clean Air Act, as amended, on the basis of network

20 design equipment unless the Administrator determines,

21 based on data collected from at least two full cycles of

22 the program, that less than full credit is appropriate: Pro23 vided further, That beginning in fiscal year 1996 and each

24 fiscal year thereafter, and notwithstanding any other pro25 vision of law, the Administrator is authorized to make
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1 grants annually from funds appropriated under this head2 ing, subject to such terms and conditions as the Adminis3 trator shall establish, to any State or federally recognized

4 Indian tribe for multimedia or single media pollution pre5 vention, control and abatement and related environmental

6 activities at the request of the Governor or other appro7 priate State official or the tribe: Provided further, That

8 none of the funds appropriated under this heading may

9 be used to develop, propose, promulgate, issue, enforce,

10 or to set or enforce compliance deadlines or issuance

11 schedules for maximum achievable control technology

12 standards pursuant to section 112(d) of the Clean Air Act,

13 as amended, for the category proposed to be regulated at

14 Vol. 59, Federal Register, No. 135, page 36130, dated

15 July 15, 1994, and for purposes of this provision, section

16 304 of the Clean Air Act shall not apply: Provided further,

17 That none of the funds appropriated under this heading

18 shall be obligated or expended to take any action to extend

19 the risk management plan requirements under section

20 112(r) of the Clean Air Act, as amended, to the domestic

21 oil and gas exploration and production and natural gas

22 processing industry: Provided further, That none of the

23 funds appropriated under this heading may be used by the

24 Administrator or the Administrator’s designee for signing

25 and publishing a national primary drinking water regula-
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1 tion for radon and other radionuclei: Provided further,

2 That none of the funds appropriated under this heading

3 may be used by the Administrator or the Administrator’s

4 designee for signing and publishing any proposed national

5 primary drinking water regulation for arsenic: Provided

6 further, That none of the funds appropriated under this

7 heading may be used to issue or enforce any requirement

8 not otherwise authorized under existing law or regulation

9 with respect to combustion of hazardous waste prior to

10 promulgation of final regulations pursuant to a rule11 making proceeding under the Administrative Procedure

12 Act or to impose or enforce any requirement or condition

13 of a permit, including the use of an indirect risk assess14 ment, or to deny a permit pursuant to section 3005(c)(3)

15 of the Resource Conservation and Recovery Act, as

16 amended, unless the Environmental Protection Agency fol17 lows the procedures governing the use of authority under

18 such section which it has set forth at 56 Fed. Reg. 7145,

19 note 8, February 21, 1991: Provided further, That none

20 of the funds appropriated under this heading may be used

21 to issue or enforce any regulatory standard for maximum

22 achievable control technology (MACT) for hazardous

23 waste combustion under any statute other than the Clean

24 Air Act, as amended, issue any such standard without first

25 determining that in calculating the MACT floor emission
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1 levels for existing sources under section 112(d)(3) of the

2 Clean Air Act, as amended, one-half of the currently oper3 ating facilities in the group of sources that make up the

4 floor pool for that category or subcategory actually achieve

5 the MACT floor levels for all of the hazardous air pollut6 ants to be regulated: Provided further, That none of the

7 funds appropriated under this heading may be used to

8 promulgate, implement, or enforce sections 502(d)(2),

9 502(d)(3), or 502(i)(4) of the Clean Air Act, as amended,

10 against a State which is involved in litigation regarding

11 provisions of title V of the Clean Air Act, as amended:

12 Provided further, That none of the funds appropriated

13 under this heading may be obligated or expended to re14 quire facilities to submit any data pursuant to section

15 313(a) of the Emergency Planning and Community Right16 to-Know Act or section 8 of the Toxic Substances Control

17 Act, as amended, that is not specifically enumerated in

18 said sections, including mass balance, materials account19 ing, or other chemical use data: Provided further, That

20 none of the funds appropriated under this heading may

21 be used to revoke, or require the issuance of, a food addi22 tive regulation under section 409 of the Federal Food,

23 Drug and Cosmetic Act for a pesticide in processed food

24 where there is a tolerance established under section 408

25 of said Act for the pesticide on the raw commodity from
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1 which the processed food was made, and may not be used

2 to revoke, or deny the issuance of, a section 408 tolerance

3 for a pesticide on a raw agricultural commodity solely on

4 the basis that a food additive regulation cannot be issued

5 or maintained under section 409 of said Act for the pes6 ticide in a processed form of the commodity: Provided fur7 ther, That none of the funds appropriated under this head8 ing may be used to exclusively regulate whole agricultural

9 plants subject to regulation by another federal agency:

10 Provided further, That none of the funds appropriated

11 under this heading may be used to obtain a voluntary envi12 ronmental audit report or to assess an administrative, civil

13 or criminal negligence penalty, in any matter subject to

14 a state law providing a privilege for voluntary environ15 mental audit reports or protections or immunities for the

16 voluntary disclosure of environmental concerns.

17 PROGRAM ADMINISTRATION AND MANAGEMENT

18 For program administration and management activi19 ties, including necessary expenses for personnel and related

20 costs and travel expenses, including uniforms, or allowances

21 therefore, as authorized by 5 U.S.C. 5901–5902; services as

22 authorized by 5 U.S.C. 3109, but at rates for individuals

23 not to exceed the per diem rate equivalent to the rate for

24 GS–18; hire of passenger motor vehicles; hire, maintenance,

25 and operation of aircraft; purchase of reprints; library

26 memberships in societies or associations which issue publi-
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1 cations to members only or at a price to members lower

2 than to subscribers who are not members; construction, al3 teration, repair, rehabilitation, and renovation of facilities,

4 not to exceed $75,000 per project; and not to exceed $6,000

5 for official reception and representation expenses;

6 $1,670,000,000, which shall remain available until Septem7 ber 30, 1997.

8 OFFICE OF INSPECTOR GENERAL

9 (INCLUDING TRANSFER OF FUNDS)

10 For necessary expenses of the Office of Inspector

11 General in carrying out the provisions of the Inspector

12 General Act of 1978, as amended, and for construction,

13 alteration, repair, rehabilitation, and renovation of facili14 ties, not to exceed $75,000 per project, $28,542,000

15 $27,700,000.

16 BUILDINGS AND FACILITIES

17 For construction, repair, improvement, extension, al18 teration, and purchase of fixed equipment or facilities of,

19 or use by, the Environmental Protection Agency,

20 $28,820,000 $60,000,000, to remain available until ex21 pended.

22 HAZARDOUS SUBSTANCE SUPERFUND

23 (INCLUDING TRANSFER OF FUNDS)

24 For necessary expenses to carry out the Comprehen25 sive Environmental Response, Compensation and Liability

26 Act of 1980 (CERCLA), as amended, including sections
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1 111 (c)(3), (c)(5), (c)(6), and (e)(4) (42 U.S.C. 9611),

2 and for construction, alteration, repair, rehabilitation, and

3 renovation of facilities, not to exceed $75,000 per project;

4 not to exceed $1,003,400,000 to remain available until ex5 pended, to be derived from general revenues consisting of

6 $753,400,000 as authorized by section 517(a) of the

7 Superfund Amendments and Reauthorization Act of 1986

8 (SARA), as amended by Public Law 101–508, and

9 $250,000,000 as a payment from general revenues to the

10 Hazardous Substance Superfund as authorized by section

11 517(b) of SARA, as amended by Public Law 101–508: Pro12 vided, That funds appropriated under this heading may

13 be allocated to other Federal agencies in accordance with

14 section 111(a) of CERCLA: Provided further, That

15 $5,000,000 $11,700,000 of the funds appropriated under

16 this heading shall be transferred to the Office of Inspector

17 General appropriation to remain available until September

18 30, 1996: Provided further, That notwithstanding section

19 111(m) of CERCLA or any other provision of law, not

20 to exceed $62,000,000 $55,000,000 of the funds appro21 priated under this heading shall be available to the Agency

22 for Toxic Substances and Disease Registry to carry out

23 activities described in sections 104(i), 111(c)(4), and

24 111(c)(14) of CERCLA and section 118(f) of the

25 Superfund Amendments and Reauthorization Act of 1986:
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1 Provided further, That none of the funds appropriated

2 under this heading shall be available for the Agency for

3 Toxic Substances and Disease Registry to issue in excess

4 of 40 toxicological profiles pursuant to section 104(i) of

5 CERCLA during fiscal year 1996: Provided further, That

6 no part of any appropriation made under this heading

7 shall remain available for obligation beyond December 31,

8 1995, unless the Comprehensive Environmental Response

9 Compensation, and Liability Act of 1980 has been reau10 thorized: Provided further, That none of the funds made

11 available under this heading may be used by the Environ12 mental Protection Agency to propose for listing or to list

13 any additional facilities on the National Priorities List es14 tablished by section 105 of the Comprehensive Environ15 mental Response, Compensation and Liability Act

16 (CERCLA), as amended (42 U.S.C. 9605), unless the Ad17 ministrator receives a written request to propose for listing

18 or to list a facility from the Governor of the State in which

19 the facility is located, or appropriate tribal leader, or unless

20 legislation to reauthorize CERCLA is enacted.

21 LEAKING UNDERGROUND STORAGE TANK TRUST FUND

22 (INCLUDING TRANSFER OF FUNDS)

23 For necessary expenses to carry out leaking under24 ground storage tank cleanup activities authorized by sec25 tion 205 of the Superfund Amendments and Reauthoriza26 tion Act of 1986, and for construction, alteration, repair,
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1 rehabilitation, and renovation of facilities, not to exceed

2 $75,000 per project, $45,827,000, to remain available

3 until expended: Provided, That no more than $5,285,000

4 $8,000,000 shall be available for administrative expenses:

5 Provided further, That $426,000 $600,000 shall be trans6 ferred to the Office of Inspector General appropriation to

7 remain available until September 30, 1996.

8 OIL SPILL RESPONSE

9 (INCLUDING TRANSFER OF FUNDS)

10 For expenses necessary to carry out the Environ11 mental Protection Agency’s responsibilities under the Oil

12 Pollution Act of 1990, $20,000,000 $15,000,000, to be de13 rived from the Oil Spill Liability trust fund, and to remain

14 available until expended: Provided, That not more than

15 $8,420,000 $8,000,000 of these funds shall be available for

16 administrative expenses.

17 WATER INFRASTRUCTURE/STATE REVOLVING FUNDS

18 For necessary expenses for capitalization grants for

19 State Revolving Funds to support wastewater infrastruc20 ture financing, and to carry out the purposes of the Fed21 eral Water Pollution Control Act, as amended, the Water

22 Quality Act of 1987, and section 1443(a) of the Public

23 Health Service Act, $1,500,175,000, to remain available

24 until expended, of which $1,000,000,000 shall be for cap25 italization grants for Clean Water State Revolving Funds

26 under title VI of the Federal Water Pollution Control Act,
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1 as amended; $100,000,000 for architectural, engineering,

2 design, construction, and related activities in connection

3 with the construction of high priority wastewater facilities

4 in the area of the United States-Mexico Border, after con5 sultation with the appropriate border commissions;

6 $50,000,000 for grants to the State of Texas, which shall

7 be matched by an equal amount of State funds from State

8 sources, for the purpose of improving wastewater treat9 ment for colonias; $15,000,000 for grants to the State of

10 Alaska, subject to an appropriate cost share as determined

11 by the Administrator, to address wastewater infrastruc12 ture needs of rural and Alaska Native Villages;

13 $22,500,000 for making grants under section 104(b)(3)

14 of the Federal Water Pollution Control Act, as amended;

15 $100,000,000 for making grants under section 319 of the

16 Federal Water Pollution Control Act, as amended;

17 $75,000,000 for making grants under section 1443(a) of

18 the Public Health Service Act; and, notwithstanding any

19 other provision of law, $137,675,000 for making grants

20 for the construction of wastewater treatment facilities and

21 the development of groundwater in accordance with the

22 terms and conditions set forth in the House Report accom23 panying this Act: Provided, That of the funds made avail24 able under this heading in Public Law 103–327 and in

25 Public Law 103–124 for capitalization grants for State
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1 Revolving Funds to support water infrastructure financ2 ing, $225,000,000 shall be made available for capitaliza3 tion grants for State Revolving Funds under title VI of

4 the Federal Water Pollution Control Act, as amended:

5 Provided further, That of the funds made available under

6 this heading for capitalization grants for State Revolving

7 Funds under title VI of the Federal Water Pollution Con8 trol Act, as amended, $50,000,000 shall be for wastewater

9 treatment in impoverished communities pursuant to sec10 tion 102(d) of H.R. 961 as approved by the United States

11 House of Representatives on May 16, 1995: Provided fur12 ther, That except for grants made under section 1443(a)

13 of the Public Health Service Act, appropriations for pro14 grams and projects pursuant to the Federal Water Pollu15 tion Control Act made available under this heading shall

16 be available only upon enactment of legislation reauthoriz17 ing such Act, and appropriations for programs and

18 projects pursuant to other Acts made available under this

19 heading shall be available only upon enactment of legisla20 tion specifically authorizing such appropriations.

21 PROGRAM AND INFRASTRUCTURE ASSISTANCE

22 For environmental programs and infrastructure as23 sistance, including capitalization grants for state revolving

24 funds and performance partnership grants, $2,340,000,000,

25 to remain available until expended, of which

26 $1,500,000,000 shall be for making capitalization grants for
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1 State revolving funds to support water infrastructure fi2 nancing; $100,000,000 for architectural, engineering, de3 sign, construction and related activities in connection with

4 the construction of high priority water and wastewater fa5 cilities in the area of the United States-Mexico Border, after

6 consultation with the appropriate border commission;

7 $50,000,000 for grants to the State of Texas, which shall

8 be matched by an equal amount of State funds from State

9 resources, for the purpose of improving wastewater treat10 ment for colonias; and $15,000,000 for grants to the State

11 of Alaska, subject to an appropriate cost share as deter12 mined by the Administrator, to address wastewater infra13 structure needs of Alaska Native villages: Provided, That

14 beginning in fiscal year 1996 and each fiscal year there15 after, and notwithstanding any other provision of law, the

16 Administrator is authorized to make grants annually from

17 funds appropriated under this heading, subject to such

18 terms and conditions as the Administrator shall establish,

19 to any State or federally recognized Indian tribe for multi20 media or single media pollution prevention, control and

21 abatement and related environmental activities at the re22 quest of the Governor or other appropriate State official or

23 the tribe: Provided further, That from funds appropriated

24 under this heading, the Administrator may make grants to

25 federally recognized Indian governments for the develop-
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1 ment of multimedia environmental programs: Provided fur2 ther, That of the $1,500,000,000 for capitalization grants

3 for State revolving funds to support water infrastructure

4 financing, $500,000,000 shall be for drinking water State

5 revolving funds, but if no drinking water State revolving

6 fund legislation is enacted by December 31, 1995, these

7 funds shall immediately be available for making capitaliza8 tion grants under title VI of the Federal Water Pollution

9 Control Act, as amended: Provided further, That of the

10 funds made available under this heading in Public Law

11 103–327 and in Public Law 103–124 for capitalization

12 grants for State revolving funds to support water infra13 structure financing, $225,000,000 shall be made available

14 for capitalization grants for State revolving funds under

15 title VI of the Federal Water Pollution Control Act, as

16 amended, if no drinking water State revolving fund legisla17 tion is enacted by December 31, 1995.

18 ADMINISTRATIVE PROVISIONS

19 SEC. 301. MORATORIUM ON CERTAIN EMISSIONS TESTING

20 REQUIREMENTS.

21 (a) MORATORIUM.—

22 (1) IN GENERAL.—The Administrator of the En23 vironmental Protection Agency (referred to in this

24 subsection as the ‘‘Administrator’’) shall not require

25 adoption or implementation by a State of a test-only

26 or I/M240 enhanced vehicle inspection and mainte-
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1 nance program as a means of compliance with section

2 182 of the Clean Air Act (42 U.S.C. 7511a), but the

3 Administrator may approve such a program if a

4 State chooses to adopt the program as a means of

5 compliance.

6 (2) REPEAL.—Paragraph (1) is repealed effective

7 as of the date that is 1 year after the date of enact8 ment of this Act.

9 (b) PLAN APPROVAL.—

10 (1) IN GENERAL.—The Administrator of the En11 vironmental Protection Agency (referred to in this

12 subsection as the ‘‘Administrator’’) shall not dis13 approve a State implementation plan revision under

14 section 182 of the Clean Air Act (42 U.S.C. 7511a)

15 on the basis of a regulation providing for a 50-per16 cent discount for alternative test-and-repair inspec17 tion and maintenance programs.

18 (2) CREDIT.—If a State provides data for a pro19 posed inspection and maintenance system for which

20 credits are appropriate under section 182 of the Clean

21 Air Act (42 U.S.C. 7511a), the Administrator shall

22 allow the full amount of credit for the system that is

23 appropriate without regard to any regulation that

24 implements that section by requiring centralized

25 emissions testing.
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1 (3) DEADLINE.—The Administrator shall com2 plete and present a technical assessment of data for

3 a proposed inspection and maintenance system sub4 mitted by a State not later than 45 days after the

5 date of submission.

6 SEC. 302. None of the funds made available in this

7 Act may be used by the Environmental Protection Agency

8 to impose or enforce any requirement that a State imple9 ment trip reduction measures to reduce vehicular emissions.

10 Section 304 of the Clean Air Act (42 U.S.C. 7604) shall

11 not apply with respect to any such requirement during the

12 period beginning on the date of the enactment of this Act

13 and ending September 30, 1996.

14 SEC. 303. None of the funds provided in this Act may

15 be used within the Environmental Protection Agency for

16 any final action by the Administrator or her delegate for

17 signing and publishing for promulgation a rule concerning

18 any new standard for arsenic, sulfates, radon, ground water

19 disinfection, or the contaminants in phase IV B in drinking

20 water, unless the Safe Drinking Water Act of 1986 has been

21 reauthorized.

22 SEC. 304. None of the funds provided in this Act may

23 be used during fiscal year 1996 to sign, promulgate, imple24 ment or enforce the requirement proposed as ‘‘Regulation

25 of Fuels and Fuel Additives: Individual Foreign Refinery
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1 Baseline Requirements for Reformulated Gasoline’’ at vol2 ume 59 of the Federal Register at pages 22800 through

3 22814.

4 SEC. 305. None of the funds appropriated to the Envi5 ronmental Protection Agency for fiscal year 1996 may be

6 used to implement section 404(c) of the Federal Water Pol7 lution Control Act, as amended. No pending action by the

8 Environmental Protection Agency to implement section

9 404(c) with respect to an individual permit shall remain

10 in effect after the date of enactment of this Act.

11 SEC. 306. Notwithstanding any other provision of law,

12 for this fiscal year and hereafter, an industrial discharger

13 to the Kalamazoo Water Reclamation Plant, an advanced

14 wastewater treatment plant with activated carbon, may be

15 exempted from categorical pretreatment standards under

16 section 307(b) of the Federal Water Pollution Control Act,

17 as amended, if the following conditions are met: (1) the

18 Kalamazoo Water Reclamation Plant applies to the State

19 of Michigan for an exemption for such industrial discharger

20 and (2) the State or the Administrator, as applicable, ap21 proves such exemption request based upon a determination

22 that the Kalamazoo Water Reclamation Plant will provide

23 treatment consistent with or better than treatment require24 ments set forth by the EPA, and there exists an operative

25 financial contract between the City of Kalamazoo and the
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1 industrial user and an approved local pretreatment pro2 gram, including a joint monitoring program and local con3 trols to prevent against interference and pass through.

4 SEC. 307. No funds appropriated by this Act may be

5 used during fiscal year 1996 to enforce the requirements

6 of section 211(m)(2) of the Clean Air Act that require fuel

7 refiners, marketers, or persons who sell or dispense fuel to

8 ultimate consumers in any carbon monoxide nonattainment

9 area in Alaska to use methyl tertiary butyl ether (MTBE)

10 to meet the oxygen requirements of that section.

11 EXECUTIVE OFFICE OF THE PRESIDENT

12 OFFICE OF SCIENCE AND TECHNOLOGY POLICY

13 For necessary expenses of the Office of Science and

14 Technology Policy, in carrying out the purposes of the Na15 tional Science and Technology Policy, Organization, and

16 Priorities Act of 1976 (42 U.S.C. 6601 and 6671), hire

17 of passenger motor vehicles, services as authorized by 5

18 U.S.C. 3109, not to exceed $2,500 for official reception

19 and representation expenses, and rental of conference

20 rooms in the District of Columbia, $4,981,000: Provided,

21 That the Office of Science and Technology Policy shall

22 reimburse other agencies for not less than one-half of the

23 personnel compensation costs of individuals detailed to it.
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1 COUNCIL ON ENVIRONMENTAL QUALITY AND OFFICE OF

2 ENVIRONMENTAL QUALITY

3 To carry out the orderly termination of the programs

4 and activities authorized by For necessary expenses to con5 tinue functions assigned to the Council on Environmental

6 Quality and Office of Environmental Quality pursuant to

7 the National Environmental Policy Act of 1969, the Envi8 ronmental Improvement Act of 1970 and Reorganization

9 Plan No. 1 of 1977, $1,000,000.

10 FEDERAL EMERGENCY MANAGEMENT AGENCY

11 DISASTER RELIEF

12 For necessary expenses in carrying out the functions

13 of the Robert T. Stafford Disaster Relief and Emergency

14 Assistance Act (42 U.S.C. 5121 et seq.), $235,500,000,

15 to remain available until expended.

16 DISASTER ASSISTANCE DIRECT LOAN PROGRAM ACCOUNT

17 For the cost of direct loans, $2,155,000, as author18 ized by section 319 of the Robert T. Stafford Disaster Re19 lief and Emergency Assistance Act (42 U.S.C. 5121 et

20 seq.): Provided, That such costs, including the cost of

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

22 of the Congressional Budget Act of 1974, as amended:

23 Provided further, That these funds are available to sub24 sidize gross obligations for the principal amount of direct

25 loans not to exceed $25,000,000.
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1 In addition, for administrative expenses to carry out

2 the direct loan program, $95,000.

3 SALARIES AND EXPENSES

4 For necessary expenses, not otherwise provided for,

5 including hire and purchase of motor vehicles (31 U.S.C.

6 1343); uniforms, or allowances therefor, as authorized by

7 5 U.S.C. 5901–5902; services as authorized by 5 U.S.C.

8 3109, but at rates for individuals not to exceed the per

9 diem rate equivalent to the rate for GS–18; expenses of

10 attendance of cooperating officials and individuals at

11 meetings concerned with the work of emergency prepared12 ness; transportation in connection with the continuity of

13 Government programs to the same extent and in the same

14 manner as permitted the Secretary of a Military Depart15 ment under 10 U.S.C. 2632; and not to exceed $2,500

16 for official reception and representation expenses;

17 $162,000,000 $166,000,000.

18 OFFICE OF THE INSPECTOR GENERAL

19 For necessary expenses of the Office of the Inspector

20 General in carrying out the provisions of the Inspector

21 General Act of 1978, as amended, $4,400,000.

22 EMERGENCY MANAGEMENT PLANNING AND ASSISTANCE

23 For necessary expenses, not otherwise provided for,

24 to carry out activities under the National Flood Insurance

25 Act of 1968, as amended, and the Flood Disaster Protec26 tion Act of 1973, as amended (42 U.S.C. 4001 et seq.),
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1 the Robert T. Stafford Disaster Relief and Emergency As2 sistance Act (42 U.S.C. 5121 et seq.), the Earthquake

3 Hazards Reduction Act of 1977, as amended (42 U.S.C.

4 7701 et seq.), the Federal Fire Prevention and Control

5 Act of 1974, as amended (15 U.S.C. 2201 et seq.), the

6 Federal Civil Defense Act of 1950, as amended (50 U.S.C.

7 App. 2251 et seq.), the Defense Production Act of 1950,

8 as amended (50 U.S.C. App. 2061 et seq.), sections 107

9 and 303 of the National Security Act of 1947, as amended

10 (50 U.S.C. 404–405), and Reorganization Plan No. 3 of

11 1978, $203,044,000.

12 EMERGENCY FOOD AND SHELTER PROGRAM

13 There is hereby appropriated $100,000,000 to the

14 Federal Emergency Management Agency to carry out an

15 emergency food and shelter program pursuant to title III

16 of Public Law 100–77, as amended: Provided, That total

17 administrative costs shall not exceed three and one-half

18 per centum of the total appropriation.

19 NATIONAL FLOOD INSURANCE FUND

20 For activities under the National Flood Insurance

21 Act of 1968, the Flood Disaster Protection Act of 1973,

22 and the National Flood Insurance Reform Act of 1994,

23 not to exceed $20,562,000 for salaries and expenses asso24 ciated with flood mitigation and flood insurance oper25 ations, and not to exceed $70,464,000 for flood mitigation,

26 including up to $12,000,000 for expenses under section
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1 1366 of the National Flood Insurance Act of 1968, as

2 amended, which amount shall be available until September

3 30, 1997. In fiscal year 1996, no funds in excess of (1)

4 $47,000,000 for operating expenses, (2) $292,526,000 for

5 agents’ commissions and taxes, and (3) $3,500,000 for in6 terest on Treasury borrowings shall be available from the

7 National Flood Insurance Fund without prior notice to the

8 Committees on Appropriations:–Provided, That none of

9 the funds appropriated in this Act for the Federal Emer10 gency Management Agency (FEMA) shall be available for

11 any further work on effective Flood Insurance Rate Maps

12 for the City of Stockton and San Joaquin County, Califor13 nia based on FEMA’s restudy of flood hazards on South

14 Paddy Creek, Middle Paddy Creek, Paddy Creek, Bear

15 Creek, Mosher Slough, Calaveras River, Potter A Slough,

16 Potter B Slough, Mormon Slough, and the Diversion

17 Channel.

18 ADMINISTRATIVE PROVISION

19 The Director of the Federal Emergency Management

20 Agency shall promulgate through rulemaking a methodol21 ogy for assessment and collection of fees to be assessed

22 and collected beginning in fiscal year 1996 applicable to

23 persons subject to the Federal Emergency Management

24 Agency’s radiological emergency preparedness regulations.

25 The aggregate charges assessed pursuant to this section

26 during fiscal year 1996 shall approximate, but not be less
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1 than, 100 per centum of the amounts anticipated by the

2 Federal Emergency Management Agency to be obligated

3 for its radiological emergency preparedness program for

4 such fiscal year. The methodology for assessment and col5 lection of fees shall be fair and equitable, and shall reflect

6 the full amount of costs of providing radiological emer7 gency planning, preparedness, response and associated

8 services. Such fees will be assessed in a manner that re9 flects the use of agency resources for classes of regulated

10 persons and the administrative costs of collecting such

11 fees. Fees received pursuant to this section shall be depos12 ited in the general fund of the Treasury as offsetting re13 ceipts. Assessment and collection of such fees are only au14 thorized during fiscal year 1996.

15 GENERAL SERVICES ADMINISTRATION

16 CONSUMER INFORMATION CENTER

17 For necessary expenses of the Consumer Information

18 Center, including services authorized by 5 U.S.C. 3109,

19 $2,061,000, to be deposited into the Consumer Informa20 tion Center Fund: Provided, That the appropriations, rev21 enues and collections deposited into the fund shall be

22 available for necessary expenses of Consumer Information

23 Center activities in the aggregate amount of $7,500,000.

24 Administrative expenses of the Consumer Information

25 Center in fiscal year 1996 shall not exceed $2,502,000
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1 $2,602,000. Appropriations, revenues, and collections ac2 cruing to this fund during fiscal year 1996 in excess of

3 $7,500,000 shall remain in the fund and shall not be avail4 able for expenditure except as authorized in appropria5 tions Acts.

6 DEPARTMENT OF HEALTH AND HUMAN SERVICES

7 OFFICE OF CONSUMER AFFAIRS

8 For necessary expenses of the Office of Consumer Af9 fairs, including services authorized by 5 U.S.C. 3109,

10 $1,811,000: Provided, That notwithstanding any other

11 provision of law, that Office may accept and deposit to

12 this account, during fiscal year 1996, gifts for the purpose

13 of defraying its costs of printing, publishing, and distrib14 uting consumer information and educational materials;

15 may expend up to $1,110,000 of those gifts for those pur16 poses, in addition to amounts otherwise appropriated; and

17 the balance shall remain available for expenditure for such

18 purposes to the extent authorized in subsequent appro19 priations Acts: Provided further, That none of the funds

20 provided under this heading may be made available for

21 any other activities within the Department of Health and

22 Human Services.
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1 NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

2 HUMAN SPACE FLIGHT

3 For necessary expenses, not otherwise provided for,

4 in the conduct and support of human space flight research

5 and development activities, including research; develop6 ment; operations; services; maintenance; construction of

7 facilities including repair, rehabilitation, and modification

8 of real and personal property, and acquisition or con9 demnation of real property, as authorized by law; space

10 flight, spacecraft control and communications activities in11 cluding operations, production, and services; and pur12 chase, lease, charter, maintenance, and operation of mis13 sion and administrative aircraft; $5,449,600,000

14 $5,337,600,000, to remain available until September 30,

15 1997:—Provided, That of the funds made available under

16 this heading, $390,000,000 of funds provided for Space

17 Station shall not become available for obligation until Au18 gust 1, 1996 and shall remain available for obligation until

19 September 30, 1997.

20 SCIENCE, AERONAUTICS AND TECHNOLOGY

21 For necessary expenses, not otherwise provided for,

22 for the conduct and support of science, aeronautics, and

23 technology research and development activities, including

24 research; development; operations; services; maintenance;

25 construction of facilities including repair, rehabilitation

26 and modification of real and personal property, and acqui-
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1 sition or condemnation of real property, as authorized by

2 law; space flight, spacecraft control and communications

3 activities including operations, production, and services;

4 and purchase, lease, charter, maintenance, and operation

5 of mission and administrative aircraft; $5,588,000,000

6 $5,960,700,000, to remain available until September 30,

7 1997.

8 MISSION SUPPORT

9 For necessary expenses, not otherwise provided for,

10 in carrying out mission support for human space flight

11 programs and science, aeronautical, and technology pro12 grams, including research operations and support; space

13 communications activities including operations, produc14 tion, and services; maintenance; construction of facilities

15 including repair, rehabilitation, and modification of facili16 ties, minor construction of new facilities and additions to

17 existing facilities, facility planning and design, environ18 mental compliance and restoration, and acquisition or con19 demnation of real property, as authorized by law; program

20 management; personnel and related costs, including uni21 forms or allowances therefor, as authorized by law (5

22 U.S.C. 5901–5902); travel expenses; purchase, lease,

23 charter, maintenance, and operation of mission and ad24 ministrative aircraft; not to exceed $35,000 for official re25 ception and representation expenses; and purchase (not to

26 exceed thirty-three for replacement only) and hire of pas-
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1 senger motor vehicles; $2,618,200,000 $2,484,200,000, to

2 remain available until September 30, 1997.

3 OFFICE OF INSPECTOR GENERAL

4 For necessary expenses of the Office of the Inspector

5 General in carrying out the provisions of the Inspector

6 General Act of 1978, as amended, $16,000,000.

7 ADMINISTRATIVE PROVISIONS

8 (INCLUDING TRANSFER OF FUNDS)

9 Notwithstanding the limitation on the availability of

10 funds appropriated for ‘‘Human space flight’’, ‘‘Science,

11 aeronautics and technology’’, or ‘‘Mission support’’ by this

12 appropriations Act, when any activity has been initiated

13 by the incurrence of obligations for construction of facili14 ties as authorized by law, the amount available for such

15 activity shall remain available until expended. This provi16 sion does not apply to the amounts appropriated in ‘‘Mis17 sion support’’ pursuant to the authorization for repair, re18 habilitation and modification of facilities, minor construc19 tion of new facilities and additions to existing facilities,

20 and facility planning and design.

21 Notwithstanding the limitation on the availability of

22 funds appropriated for ‘‘Human space flight’’, ‘‘Science,

23 aeronautics and technology’’, or ‘‘Mission support’’ by this

24 appropriations Act, the amounts appropriated for con25 struction of facilities shall remain available until Septem26 ber 30, 1998.
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1 Notwithstanding the limitation on the availability of

2 funds appropriated for ‘‘Mission support’’ and ‘‘Office of

3 Inspector General’’, amounts made available by this Act

4 for personnel and related costs and travel expenses of the

5 National Aeronautics and Space Administration shall re6 main available until September 30, 1996 and may be used

7 to enter into contracts for training, investigations, cost as8 sociated with personnel relocation, and for other services,

9 to be provided during the next fiscal year.

10 No amount appropriated pursuant to this or any

11 other Act may be used for the lease or construction of

12 a new contractor funded facility for exclusive use in sup13 port of a contract or contracts with the National Aero14 nautics and Space Administration under which the Admin15 istration would be required to substantially amortize

16 through payment or reimbursement such contractor in

17 vestment, unless an appropirations Act specifies the lease

18 or contract pursuant to which such facilities are to be con19 structed or leased or such facility is otherwise identified

20 in such Act. The Administrator may authorize such facil21 ity lease or construction, if he determines, in consultation

22 with the Committees on Appropriations, that deferral of

23 such action until the enactment of the next appropriations

24 Act would be inconsistent with the interest of the Nation

25 in aeronautical and space activities.
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1 The unexpired balances of prior appropriations to

2 NASA for activities for which funds are provided under

3 this Act may be transferred to the new account established

4 for the appropriation that provides funds for such activity

5 under this Act. Balances so transferred may be merged

6 with funds in the newly established account and thereafter

7 may be accounted for as one fund to be available for the

8 same purposes and under the same terms and conditions.

9 Notwithstanding any other provision of law or regula10 tion, the National Aeronautics and Space Administration

11 shall convey, without reimbursement, to the State of Mis12 sissippi, all rights, title and interest of the United States

13 in the property known as the Yellow Creek Facility and

14 consisting of approximately 1,200 acres near the city of

15 Iuka, Mississippi, including all improvements thereon and

16 also including any personal property owned by NASA that

17 is currently located on-site and which the State of Mis18 sissippi requires to facilitate the transfer: Provided, That

19 appropriated funds shall be used to effect this conveyance:

20 Provided further, That $10,000,000 in appropriated funds

21 otherwise available to the National Aeronautics and Space

22 Administration shall be transferred to the State of Mis23 sissippi to be used in the transition of the facility: Pro24 vided further, That each Federal agency with prior contact

25 to the site shall remain responsible for any and all environ-
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1 mental remediation made necessary as a result of its activi2 ties on the site: Provided further, That in consideration of

3 this conveyance, the National Aeronautics and Space Ad4 ministration may require such other terms and conditions

5 as the Administrator deems appropriate to protect the in6 terests of the United States: Provided further, That the

7 conveyance of the site and the transfer of the funds to

8 the State of Mississippi shall occur not later than thirty

9 days from the date of enactment of this Act.

10 The Administrator of the National Aeronauties and

11 Space Administration shall conduct a study of the closing

12 or re-structuring of Space Flight Centers and Research

13 Centers. The study shall include an analysis of functions

14 currently being performed at each Center, the cost of per15 forming each function at its current location and at logical

16 alternative Centers, the schedule for transitioning func17 tions to alternative Centers, and the overall cost savings

18 which will be derived from the closing or re-structuring

19 of each Center. The findings of the study, including a de20 tailed schedule for completion of the re-structuring, shall

21 be submitted to the Congress no later than March 31,

22 1996. Closure or re-structuring of these Centers shall be

23 completed no later than October 1, 1998.

24 Of the funds made available by this Act under the

25 heading ‘‘Human Space Flight’’, $390,000,000 of funds
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1 provided for Space Station shall not become available for

2 obligation until August 1, 1996 and shall remain available

3 for obligation until September 30, 1997.

4 NATIONAL CREDIT UNION ADMINISTRATION

5 CENTRAL LIQUIDITY FACILITY

6 During fiscal year 1996, gross obligations of the

7 Central Liquidity Facility for the principal amount of new

8 direct loans to member credit unions as authorized by the

9 National Credit Union Central Liquidity Facility Act (12

10 U.S.C. 1795) shall not exceed $600,000,000: Provided,

11 That administrative expenses of the Central Liquidity Fa12 cility in fiscal year 1996 shall not exceed $560,000.

13 NATIONAL SCIENCE FOUNDATION

14 RESEARCH AND RELATED ACTIVITIES

15 For necessary expenses in carrying out the purposes

16 of the National Science Foundation Act of 1950, as

17 amended (42 U.S.C. 1861–1875), and the Act to establish

18 a National Medal of Science (42 U.S.C. 1880–1881); serv19 ices as authorized by 5 U.S.C. 3109; maintenance and op20 eration of aircraft and purchase of flight services for re21 search support; acquisition of aircraft; $2,294,000,000, of

22 which not to exceed $235,000,000 shall remain available

23 until expended for Polar research and operations support,

24 and for reimbursement to other Federal agencies for oper25 ational and science support and logistical and other relat-
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1 ed activities for the United States Antarctic program; the

2 balance to remain available until September 30, 1997:

3 Provided, That receipts for scientific support services and

4 materials furnished by the National Research Centers and

5 other National Science Foundation supported research fa6 cilities may be credited to this appropriation: Provided fur7 ther, That to the extent that the amount appropriated is

8 less than the total amount authorized to be appropriated

9 for included program activities, all amounts, including

10 floors and ceilings, specified in the authorizing Act for

11 those program activities or their subactivities shall be re12 duced proportionally.

13 MAJOR RESEARCH EQUIPMENT

14 For necessary expenses in carrying out major con15 struction projects, and related expenses, pursuant to the

16 purposes of the National Science Foundation Act of 1950,

17 as amended (42 U.S.C. 1861–1875), $70,000,000, to re18 main available until expended.

19 ACADEMIC RESEARCH INFRASTRUCTURE

20 For necessary expenses in carrying out an academic

21 research infrastructure program pursuant to the purposes

22 of the National Science Foundation Act of 1950, as

23 amended (42 U.S.C. 1861–1875), including services as

24 authorized by 5 U.S.C. 3109 and rental of conference

25 rooms in the District of Columbia, $100,000,000, to re26 main available until September 30, 1997.
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1 EDUCATION AND HUMAN RESOURCES

2 For necessary expenses in carrying out science and

3 engineering education and human resources programs and

4 activities pursuant to the purposes of the National Science

5 Foundation Act of 1950, as amended (42 U.S.C. 1861–

6 1875), including services as authorized by 5 U.S.C. 3109

7 and rental of conference rooms in the District of Colum8 bia, $599,000,000, to remain available until September

9 30, 1997: Provided, That to the extent that the amount

10 of this appropriation is less than the total amount author11 ized to be appropriated for included program activities, all

12 amounts, including floors and ceilings, specified in the au13 thorizing Act for those program activities or their

14 subactivities shall be reduced proportionally.

15 SALARIES AND EXPENSES

16 For necessary salaries and expenses in carrying out

17 the purposes of the National Science Foundation Act of

18 1950, as amended (42 U.S.C. 1861–1875); services au19 thorized by 5 U.S.C. 3109; hire of passenger motor vehi20 cles; not to exceed $9,000 for official reception and rep21 resentation expenses; uniforms or allowances therefor, as

22 authorized by law (5 U.S.C. 5901–5902); rental of con23 ference rooms in the District of Columbia; reimbursement

24 of the General Services Administration for security guard

25 services; $127,310,000: Provided, That contracts may be

26 entered into under salaries and expenses in fiscal year
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1 1996 for maintenance and operation of facilities, and for

2 other services, to be provided during the next fiscal year.

3 OFFICE OF INSPECTOR GENERAL

4 For necessary expenses of the Office of Inspector

5 General in carrying out the provisions of the Inspector

6 General Act of 1978, as amended, $4,490,000, to remain

7 available until September 30, 1997.

8 NATIONAL SCIENCE FOUNDATION HEADQUARTERS

9 RELOCATION

10 For necessary support of the relocation of the Na11 tional Science Foundation, $5,200,000: Provided, That

12 these funds shall be used to reimburse the General Serv13 ices Administration for services and related acquisitions

14 in support of relocating the National Science Foundation.

15 NEIGHBORHOOD REINVESTMENT CORPORATION

16 PAYMENT TO THE NEIGHBORHOOD REINVESTMENT

17 CORPORATION

18 For payment to the Neighborhood Reinvestment Cor19 poration for use in neighborhood reinvestment activities,

20 as authorized by the Neighborhood Reinvestment Corpora21 tion Act (42 U.S.C. 8101–8107), $38,667,000.

22 SELECTIVE SERVICE SYSTEM

23 SALARIES AND EXPENSES

24 For necessary expenses of the Selective Service Sys25 tem, including expenses of attendance at meetings and of

26 training for uniformed personnel assigned to the Selective
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1 Service System, as authorized by law (5 U.S.C. 4101–

2 4118) for civilian employees; and not to exceed $1,000 for

3 official reception and representation expenses;

4 $22,930,000: Provided, That during the current fiscal

5 year, the President may exempt this appropriation from

6 the provisions of 31 U.S.C. 1341, whenever he deems such

7 action to be necessary in the interest of national defense:

8 Provided further, That none of the funds appropriated by

9 the Act may be expended for or in connection with the

10 induction of any person into the Armed Forces of the

11 United States.

12 DEPARTMENT OF JUSTICE

13 FAIR HOUSING AND EQUAL OPPORTUNITY

14 FAIR HOUSING ACTIVITIES

15 For contracts, grants, and other assistance, not other16 wise provided for, as authorized by title VIII of the Civil

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

18 Amendments Act of 1988, and for contracts with qualified

19 fair housing enforcement organizations, as authorized by

20 section 561 of the Housing and Community Development

21 Act of 1987, as amended by the Housing and Community

22 Development Act of 1992, $30,000,000, to remain available

23 until September 30, 1997.

24 All functions, activities and responsibilities of the Sec25 retary of Housing and Urban Development relating to title
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1 VIII of the Civil Rights Act of 1968, as amended by the

2 Fair Housing Amendments Act of 1988, and the Fair Hous3 ing Act, including any rights guaranteed under the Fair

4 Housing Act (including any functions relating to the Fair

5 Housing Initiatives program under section 561 of the Hous6 ing and Community Development Act of 1987), are hereby

7 transferred to the Attorney General of the United States.

8 DEPARTMENT 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 SECTION 501. Where appropriations in titles I, II,

25 and III of this Act are expendable for travel expenses and
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1 no specific limitation has been placed thereon, the expendi2 tures for such travel expenses may not exceed the amounts

3 set forth therefor in the budget estimates submitted for

4 the appropriations: Provided, That this section shall not

5 apply to travel performed by uncompensated officials of

6 local boards and appeal boards of the Selective Service

7 System; to travel performed directly in connection with

8 care and treatment of medical beneficiaries of the Depart9 ment of Veterans Affairs; to travel performed in connec10 tion with major disasters or emergencies declared or deter11 mined by the President under the provisions of the Robert

12 T. Stafford Disaster Relief and Emergency Assistance

13 Act; to travel performed by the Offices of Inspector Gen14 eral in connection with audits and investigations; or to

15 payments to interagency motor pools where separately set

16 forth in the budget schedules: Provided further, That if

17 appropriations in titles I, II, and III exceed the amounts

18 set forth in budget estimates initially submitted for such

19 appropriations, the expenditures for travel may cor20 respondingly exceed the amounts therefor set forth in the

21 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 SEC. 519. (a) CONTRACTOR CONVERSION.—The Ad17 ministrator of the Environmental Protection Agency shall

18 cease any further hiring in the Agency’s Office of Re19 search 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 SEC. 520. Such funds as may be necessary to carry

2 out the orderly termination of the Office of Consumer Af3 fairs shall be made available from funds appropriated to

4 the Department of Health and Human Services for fiscal

5 year 1996.

6 This Act may be cited as the ‘‘Departments of Veter7 ans Affairs and Housing and Urban Development, and

8 Independent Agencies Appropriations Act, 1996’’.

Passed the House of Representatives July 31, 1995.

Attest: ROBIN H. CARLE,

Clerk.

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Calendar No. 185

104TH CONGRESS

1ST SESSION H. R. 2099

[Report No. 104–140]

AN ACT

Making appropriations for the Departments of Vetand for other purposes. for the fiscal year ending September 30, 1996, boards, commissions, corporations, and offices ment, and for sundry independent agencies, erans Affairs and Housing and Urban DevelopAUGUST 1 (legislative day, JULY 10), 1995

Received; read twice and referred to the Committee on

Appropriations

SEPTEMBER 13 (legislative day, SEPTEMBER 5), 1995

Reported with amendments