In the Senate of the United States,

September 27 (legislative day, September 25), 1995.

Resolved, That the bill from the House of Representatives (H.R. 2099) entitled ‘‘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’’, do pass

with the following

AMENDMENTS:

1 Ω1æPage 2, line 20, strike out ø$25,180,000¿ and insert:

2 $27,431,000

3 Ω2æPage 3, line 15, strike out ø$1,345,300,000¿ and in4 sert: $1,352,180,000

5 Ω3æPage 3, strike out line 20 and insert: as amended: Pro6 vided further, That of the amounts appropriated for read7 justment benefits, $6,880,000 shall be available for funding

8 the Service Members Occupational Conversion and Train-
2

HR 2099 EAS

1 ing program as authorized by sections 4481–4497 of Public

2 Law 102–484, as amended.

3 Ω4æPage 8, line 2, strike out ø$16,777,474,000¿ and in4 sert: $16,450,000,000

5 Ω5æPage 8, line 8, after ‘‘1997’’ insert: : Provided further,

6 That notwithstanding any other provision of law, any vet7 eran eligible for hospital care or medical services under sec8 tion 1710 of title 38 may be treated in the most efficient

9 manner

10 Ω6æPage 8, line 13, strike out ø$251,743,000¿ and insert:

11 $257,000,000

12 Ω7æPage 8, strike out lines 15 through 19

13 Ω8æPage 10, line 5, strike out ø$821,487,000¿ and insert:

14 $872,000,000

15 Ω9æPage 11, line 22, strike out ø$183,455,000¿ and in16 sert: $35,785,000

17 Ω10æPage 13, line 13, strike out ø$152,934,000¿ and in18 sert: $190,000,000

19 Ω11æPage 20, after line 15 insert:

20 SEC. 109. Notwithstanding any other provision of law,

21 the Secretary of Veterans Affairs is authorized to transfer,

22 without compensation or reimbursement, the jurisdiction
3

HR 2099 EAS

1 and control of a parcel of land consisting of approximately

2 6.3 acres, located on the south edge of the Department of

3 Veterans Affairs Medical and Regional Office Center, Wich4 ita, Kansas, including buildings Nos. 8 and 30 and other

5 improvements thereon, to the Secretary of Transportation

6 for the purpose of expanding and modernizing United

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

8 acreage and legal description of the real property trans9 ferred shall be determined by a survey satisfactory to the

10 Secretary of Veterans Affairs and the Secretary of Trans11 portation shall bear the cost of such survey: Provided fur12 ther, That the Secretary of Transportation shall be respon13 sible for all costs associated with the transferred land and

14 improvements thereon, and compliance with all existing

15 statutes and regulations: Provided further, That the Sec16 retary of Veterans Affairs and the Secretary of Transpor17 tation may require such additional terms and conditions

18 as each Secretary considers appropriate to effectuate this

19 transfer of land.

20 Ω12æPage 20, after line 15 insert:

21 SEC. 110. Funds available to the Department of Veter22 ans Affairs Revolving Supply Fund shall be available until

23 September 30, 1997, for expenses necessary to establish a

24 Department wide program to develop and implement a

25 Federal acquisition computer network required by section
4

HR 2099 EAS

1 9001 of the Federal Acquisition Streamlining Act of 1994

2 (Public Law 103–355).

3 Ω13æPage 20, after line 15 insert:

4 SEC. 111. The Department of Veterans Affairs shall

5 provide hospital care and medical services to eligible veter6 ans in the State of Hawaii at levels commensurate with

7 levels of care provided in the forty-eight contiguous States.

8 The Secretary shall utilize the contract authority prescribed

9 in section 1703 of title 38, United States Code, to treat eli10 gible veterans residing in the State of Hawaii wherever ap11 propriate.

12 Ω14æPage 20, after line 15 insert:

13 SEC. 112. PLAN FOR ALLOCATION OF HEALTH CARE

14 RESOURCES BY DEPARTMENT OF VETERANS AFFAIRS.

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

16 develop a plan for the allocation of health care resources

17 (including personnel and funds) of the Department of Veter18 ans Affairs among the health care facilities of the Depart19 ment so as to ensure that veterans having similar economic

20 status, eligibility priority and, or, similar medical condi21 tions who are eligible for medical care in such facilities have

22 similar access to such care in such facilities regardless of

23 the region of the United States in which such veterans re24 side.
5

HR 2099 EAS

1 (2) The Plan shall reflect, to the maximum extent pos2 sible, the Veterans Integrated Service Network, as well as

3 the Resource Planning and Management System developed

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

7 procedures to identify reasons for variations in operating

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

10 and provision of quality health care.

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

13 of Veterans Affairs.

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

15 shall set forth—

16 (1) milestones for achieving the goal referred to

17 in that subsection; and

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

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

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

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

23 this Act.

24 (d) PLAN IMPLEMENTATION.—The Secretary shall im25 plement the plan developed under subsection (a) within 60
6

HR 2099 EAS

1 days of submitting such plan to Congress under subsection

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

4 be implemented along with an explanation of why such

5 plan will not be implemented.

6 Ω15æPage 20, after line 15 insert:

7 SEC. 113. During fiscal year 1996, not to exceed

8 $5,700,000 may be transferred from ‘‘Medical care’’ to

9 ‘‘Medical administration and miscellaneous operating ex10 penses’’. No transfer may occur until 20 days after the Sec11 retary of Veterans Affairs provides written notice to the

12 House and Senate Committees on Appropriations.

13 Ω16æPage 20, strike out all after line 20, over to and in14 cluding line 13 on page 25 and insert:

15 For assistance under the United States Housing Act

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

17 not otherwise provided for, $5,594,358,000, to remain avail18 able until expended: Provided, That of the total amount

19 provided under this head, $200,000,000 shall be for the de20 velopment or acquisition cost of public housing for Indian

21 families, including amounts for housing under the mutual

22 help homeownership opportunity program under section

23 202 of the Act (42 U.S.C. 1437bb): Provided further, That

24 of the total amount provided under this head,

25 $2,510,000,000 shall be for modernization of existing public
7

HR 2099 EAS

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

2 U.S.C. 1437l), including up to $30,000,000 for the inspec3 tion of public housing units, contract expertise, and train4 ing and technical assistance, directly or indirectly, under

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

6 oversight and management of public and Indian housing

7 (whether or not the housing is being modernized with assist8 ance under this proviso) or tenant-based assistance, includ9 ing, but not limited to, an annual resident survey, data

10 collection and analysis, training and technical assistance

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

12 public housing agencies and to residents in connection with

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

14 housing institution to provide such training, technical as15 sistance, and education, and training and technical assist16 ance to assist public housing agencies in avoiding designa17 tion as troubled agencies and in qualifying for removal of

18 such designation: Provided further, That of the total

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

20 new incremental rental subsidy contracts under the section

21 8 existing housing certificate program and the housing

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

23 amounts shall be used only for units necessary to provide

24 housing assistance for residents to be relocated from existing

25 federally subsidized or assisted housing, for replacement
8

HR 2099 EAS

1 housing for units demolished or disposed of (including units

2 to be disposed of pursuant to a homeownership program

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

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

5 related to litigation settlements, for the conversion of section

6 23 projects to assistance under section 8, for public housing

7 agencies to implement allocation plans approved by the Sec8 retary for designated housing, and for funds to carry out

9 the family unification program: Provided further, That of

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

11 shall be for amendments to section 8 contracts other than

12 contracts for projects developed under section 202 of the

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

14 for section 8 assistance and rehabilitation grants for prop15 erty disposition; and $624,000,000 shall be for assistance

16 for State or local units of government (including public

17 housing authorities), tenant and nonprofit organizations to

18 purchase projects where owners have indicated an intention

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

20 incentive to prevent prepayment or for vouchers (not to ex21 ceed $74,000,000) to aid eligible tenants adversely affected

22 by mortgage prepayment, as authorized in the Emergency

23 Low-Income Housing Preservation Act of 1987, as amend24 ed: Provided further, That of the foregoing $624,000,000,

25 up to $20,000,000 shall be available for preservation tech-
9

HR 2099 EAS

1 nical assistance grants pursuant to section 253 of the Hous2 ing and Community Development Act of 1987, as amended,

3 and that the Secretary may designate funding to carry out

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

5 purchases of projects by non-profit organizations or tenant

6 organizations, which are awaiting funding, and which, to

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

8 immediate obligation of funding heretofore applied for and

9 approved: Provided further, That with respect to the fore10 going $624,000,000, if the Secretary determines that the de11 mand for funding may exceed amounts available for such

12 funding, the Secretary (1) may determine priorities for dis13 tributing available funds, including giving priority funding

14 to tenants displaced due to mortgage prepayment and to

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

16 has been committed; and (2) may impose a temporary mor17 atorium on applications by potential recipients of such

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

19 the Secretary of Housing and Urban Development may

20 manage and dispose of multifamily properties owned by the

21 Secretary and multifamily mortgages held by the Secretary

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

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

24 amounts of budget authority, or in lieu thereof 50 per cen25 tum of the cash amounts associated with such budget au-
10

HR 2099 EAS

1 thority, that are recaptured from projects described in sec2 tion 1012(a) of the Stewart B. McKinney Homeless Assist3 ance Amendments Act of 1988 (Public Law 100–628, 102

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

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

6 budget authority or cash recaptured and not rescinded or

7 remitted to the Treasury shall be used by State housing fi8 nance agencies or local governments or local housing agen9 cies with projects approved by the Secretary of Housing and

10 Urban Development for which settlement occurred after

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

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

13 $171,000,000 shall be for housing opportunities for persons

14 with AIDS under title VIII, subtitle D of the Cranston-Gon15 zalez National Affordable Housing Act; and $75,000,000

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

17 as authorized under sections 1011 and 1053 of the Residen18 tial Lead-Based Hazard Reduction Act of 1992.

19 Of the total amount provided under this head,

20 $780,190,000 shall be for capital advances, including

21 amendments to capital advance contracts, for housing for

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

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

24 amendments to contracts for project rental assistance, for

25 supportive housing for the elderly under section 202(c)(2)
11

HR 2099 EAS

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

2 capital advances, including amendments to capital advance

3 contracts, for supportive housing for persons with disabil4 ities, as authorized by section 811 of the Cranston-Gonzalez

5 National Affordable Housing Act; and for project rental as6 sistance, and amendments to contracts for project rental as7 sistance, for supportive housing for persons with disabilities

8 as authorized by section 811 of the Cranston-Gonzalez Na9 tional Affordable Housing Act: Provided, That the Sec10 retary may waive any provision of section 202 of the Hous11 ing Act of 1959 and section 811 of the National Affordable

12 Housing Act (including the provisions governing the terms

13 and conditions of project rental assistance) that the Sec14 retary determines is not necessary to achieve the objectives

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

16 develop, operate or administer projects assisted under these

17 programs, and may make provision for alternative condi18 tions or terms where appropriate.

19 PUBLIC HOUSING DEMOLITION, SITE REVITALIZATION, AND

20 REPLACEMENT HOUSING GRANTS

21 For grants to public housing agencies for the purposes

22 of enabling the demolition of obsolete public housing projects

23 or portions thereof, the revitalization (where appropriate)

24 of sites (including remaining public housing units) on

25 which such projects are located, replacement housing which

26 will avoid or lessen concentrations of very low-income fami-
12

HR 2099 EAS

1 lies, and tenant-based assistance in accordance with section

2 8 of the United States Housing Act of 1937 for the purpose

3 of providing replacement housing and assisting tenants to

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

5 available until expended: Provided, That the Secretary shall

6 award such funds to public housing agencies by a competi7 tion which includes among other relevant criteria the local

8 and national impact of the proposed demolition and revi9 talization activities and the extent to which the public hous10 ing agency could undertake such activities without the addi11 tional assistance to be provided hereunder: Provided fur12 ther, That eligible expenditures hereunder shall be those ex13 penditures eligible under section 8 and section 14 of the

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

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

16 conditions and requirements as the Secretary deems appro17 priate to effectuate the purposes of this paragraph: Provided

18 further, That the Secretary may require an agency selected

19 to receive funding to make arrangements satisfactory to the

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

21 out this program where the Secretary determines that such

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

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

24 receive funding does not proceed expeditiously as deter25 mined by the Secretary, the Secretary shall withdraw any
13

HR 2099 EAS

1 funding made available pursuant to this paragraph and

2 that has not been obligated by the agency and distribute

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

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

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

6 be provided directly or indirectly by grants, contracts or

7 cooperative agreements, including training and cost of nec8 essary travel for participants in such training, by or to

9 officials and employees of the Department and of public

10 housing agencies and to residents: Provided further, That

11 any replacement housing provided with assistance under

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

13 States Housing Act of 1937, as amended by section

14 201(b)(2) of this Act.

15 ASSISTANCE FOR THE RENEWAL OF EXPIRING SECTION 8

16 SUBSIDY CONTRACTS

17 (INCLUDING TRANSFER OF FUNDS)

18 For assistance under the United States Housing Act

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

20 use in connection with expiring section 8 subsidy contracts,

21 $4,350,862,000, to remain available until expended: Pro22 vided, That to the extent the amount in this appropriation

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

24 Secretary may transfer to and merge with this appropria25 tion such amounts from the ‘‘Annual contributions for as26 sisted housing’’ appropriation as the Secretary shall deter-
14

HR 2099 EAS

1 mine, and amounts earmarked in the foregoing account

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

3 Provided further, That the Secretary may maintain consoli4 dated accounting data for funds disbursed at the public

5 housing agency or Indian housing authority or project level

6 for subsidy assistance regardless of the source of the dis7 bursement so as to minimize the administrative burden of

8 multiple accounts: Provided further, That the Secretary

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

10 to renewals of housing vouchers during fiscal year 1996.

11 Ω17æPage 26, line 16, strike out ø$2,500,000,000¿ and

12 insert: $2,800,000,000

13 Ω18æPage 26, after line 16 insert:

14 DRUG ELIMINATION GRANTS FOR LOW-INCOME HOUSING

15 For grants to public and Indian housing agencies for

16 use in eliminating crime in public housing projects author17 ized by 42 U.S.C. 11901–11908, and for drug information

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

19 11925, $290,000,000, to remain available until expended,

20 of which $10,000,000 shall be for grants, technical assist21 ance, contracts and other assistance training, program as22 sessment, and execution for or on behalf of public housing

23 agencies and resident organizations (including the cost of

24 necessary travel for participants in such training): Pro25 vided, That after setting aside amounts in 42 U.S.C.
15

HR 2099 EAS

1 11909(b) for grants for federally assisted low-income hous2 ing, the Secretary, notwithstanding 42 U.S.C. 11904, may

3 provide grants through a formula taking into account the

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

5 and the amount of funding public housing agencies have

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

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

8 that has not received funding during that period: Provided

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

10 42 U.S.C. 11905(2), shall also include other types of crime

11 as determined by the Secretary.

12 Ω19æPage 26, strike out all after line 22, over to and in13 cluding line 10 on page 27

14 Ω20æPage 27, line 24, after ‘‘For’’ insert: grants awarded

15 or allocated by the Secretary of Housing and Urban Devel16 opment, through a competition or by formula, for the pur17 pose of providing housing and services for homeless individ18 uals and families to be delivered by entities eligible to re19 ceive assistance under, and to fund eligible activities de20 scribed in,

21 Ω21æPage 28, line 7, after ‘‘Act;’’ insert: and

22 Ω22æPage 28, line 8, strike out all after ‘‘Act)’’ down to

23 and including ‘‘103–120)),’’ in line 11
16

HR 2099 EAS

1 Ω23æPage 28, line 11, strike out ø$676,000,000¿ and in2 sert: $760,000,000

3 Ω24æPage 28, line 12, after ‘‘expended.’’ insert: To the

4 extent the Secretary determines to use a formula under this

5 heading, the Secretary shall use the existing formula as pro6 vided under the Emergency Shelter Grants program under

7 section 413 of the Stewart B. McKinney Homeless Assist8 ance Act and promulgate any rules under the rulemaking

9 procedures under section 553 of title 5, United States Code.

10 The Secretary shall report, within one year of the date of

11 enactment, on ways to merge the homeless assistance pro12 grams under the Stewart B. McKinney Homeless Assistance

13 Act with the HOME program under title II of the Cranston14 Gonzalez National Affordable Housing Act.

15 Ω25æPage 28, line 22, strike out ø$46,000,000¿ and in16 sert: $60,000,000

17 Ω26æPage 28, line 25, after ‘‘5301),’’ insert: $2,000,000

18 shall be available as a grant to the Housing Assistance

19 Council, $1,000,000 shall be available as a grant to the Na20 tional American Indian Housing Council,

21 Ω27æPage 28, line 26, strike out ø$19,500,000¿ and in22 sert: $27,000,000
17

HR 2099 EAS

1 Ω28æPage 29, line 3, strike out all after ‘‘than’’ down to

2 and including ‘‘Act’’ in line 4 and insert: a grant made

3 available under the preceding proviso to the Housing Assist4 ance Council or the National American Indian Housing

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

6 the Housing and Community Development Act of 1974)

7 Ω29æPage 29, line 8, after ‘‘ment’’ insert: : Provided fur8 ther, That section 105(a)(25) of such Act, as added by sec9 tion 907(b)(1) of the Cranston-Gonzalez National Affordable

10 Housing Act, shall continue to be effective after September

11 30, 1995, notwithstanding section 907(b)(2) of such Act

12 Ω30æPage 29, line 8, after ‘‘ment’’ insert: : Provided fur13 ther, That section 916 of the Cranston-Gonzalez National

14 Affordable Housing Act shall apply with respect to fiscal

15 year 1996, notwithstanding section 916(f) of that Act

16 Ω31æPage 29, after line 8, insert:

17 Of the amount provided under this heading, the Sec18 retary of Housing and Urban Development may use up to

19 $80,000,000 for grants to public housing agencies (includ20 ing Indian housing authorities), nonprofit corporations,

21 and other appropriate entities for a supportive services pro22 gram to assist residents of public and assisted housing,

23 former residents of such housing receiving tenant-based as24 sistance under section 8 of such Act (42 U.S.C. 1437f), and
18

HR 2099 EAS

1 other low-income families and individuals become self-suffi2 cient: Provided, That the program shall provide supportive

3 services to the elderly and the disabled and to families with

4 children where the head of household would benefit from the

5 receipt of supportive services and is working, seeking work,

6 or is preparing for work by participating in job training

7 or educational programs: Provided further, That the sup8 portive services shall include congregate services for the el9 derly and disabled, service coordinators, and coordinated

10 educational, training, and other supportive services, includ11 ing academic skills training, job search assistance, assist12 ance related to retaining employment, vocational and entre13 preneurship development and support programs, transpor14 tation, and child care: Provided further, That the Secretary

15 shall require applicants to demonstrate firm commitments

16 of funding or services from other sources: Provided further,

17 That the Secretary shall select public and Indian housing

18 agencies to receive assistance under this head on a competi19 tive basis, taking into account the quality of the proposed

20 program (including any innovative approaches), the extent

21 of the proposed coordination of supportive services, the ex22 tent of commitments of funding or services from other

23 sources, the extent to which the proposed program includes

24 reasonably achievable, quantifiable goals for measuring per25 formance under the program over a three-year program, the
19

HR 2099 EAS

1 extent of success an agency has had in carrying out other

2 comparable initiatives, and other appropriate criteria es3 tablished by the Secretary: Provided further, That of the

4 amount made available under this paragraph, $12,000,000

5 shall be available for contracts, grants, and other assistance,

6 other than loans, not otherwise provided for, for providing

7 counseling and advice to tenants and homeowners both cur8 rent and prospective, with respect to property maintenance,

9 financial management, and such other matters as may be

10 appropriate to assist them in improving their housing con11 ditions and meeting the responsibilities of tenancy or home12 ownership, including provisions for training and for sup13 port of voluntary agencies and services as authorized by sec14 tion 106 of the Housing and Urban Development Act of

15 1968, as amended, notwithstanding section 106(c)(9) and

16 section 106(d)(13) of such Act. Of the amount provided

17 under this heading, notwithstanding any other provision of

18 law, $40,000,000 shall be available for youthbuild program

19 activities authorized by subtitle D of title IV of the Cran20 ston-Gonzalez National Affordable Housing Act, as amend21 ed, and shall be an eligible activity with respect to any

22 funds made available under this heading. Of the amount

23 provided under this heading, notwithstanding any other

24 provision of law, $80,000,000 shall be available for Eco25 nomic Development Initiative grants as authorized by sec-
20

HR 2099 EAS

1 tion 232 of the Multifamily Housing Property Disposition

2 Reform Act of 1994, Public Law 103–233, on a competitive

3 basis as required by section 102 of the HUD Reform Act.

4 Ω32æPage 29, line 9, strike out ø$10,500,000¿ and insert:

5 $15,750,000

6 Ω33æPage 29, line 16, strike out ø$1,000,000,000¿ and

7 insert: $1,500,000,000

8 Ω34æPage 29, line 18, strike out ø$225,000¿ and insert:

9 $675,000

10 Ω35æPage 29, after line 20 insert:

11 The amount made available for fiscal year 1995 for

12 a special purpose grant for the renovation of the central

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

14 the central terminal and for other public facilities in Buf15 falo, New York.

16 Ω36æPage 30, strike out lines 7 through 13

17 Ω37æPage 30, line 21, strike out ø$951,988,000¿ and in18 sert: $980,777,000

19 Ω38æPage 30, line 21, strike out ø$505,745,000¿ and in20 sert: $532,782,000

21 Ω39æPage 30, line 23, strike out ø$8,824,000¿ and insert:

22 $9,101,000
21

HR 2099 EAS

1 Ω40æPage 30, line 25, strike out ø$225,000¿ and insert:

2 $675,000

3 Ω41æPage 31, line 5, strike out ø$47,388,000¿ and insert:

4 $48,251,000

5 Ω42æPage 31, line 6, strike out ø$10,961,000¿ and insert:

6 $11,283,000

7 Ω43æPage 31, strike out lines 8 through 17

8 Ω44æPage 31, line 25, after ‘‘$110,000,000,000’’ insert:

9 : Provided, That during fiscal year 1996, the Secretary

10 shall sell assigned mortgage notes having an unpaid prin11 cipal balance of up to $4,000,000,000, which notes were

12 originally insured under section 203(b) of the National

13 Housing Act: Provided further, That the Secretary may use

14 any negative subsidy amounts from the sale of such as15 signed mortgage notes during fiscal year 1996 for the dis16 position of properties or notes under this heading

17 Ω45æPage 32, line 10, strike out ø$308,846,000¿ and in18 sert: $341,595,000

19 Ω46æPage 32, line 13, strike out ø$308,290,000¿ and in20 sert: $334,483,000

21 Ω47æPage 32, line 15, strike out ø$6,790,000¿ and insert:

22 $7,112,000
22

HR 2099 EAS

1 Ω48æPage 32, line 19, strike out øTotal¿ and insert:

2 For the cost of guaranteed loans, as authorized by sec3 tions 238 and 519 of the National Housing Act (12 U.S.C.

4 1715z–3 and 1735c), including the cost of modifying such

5 loans, $100,000,000, to remain available until expended:

6 Provided, That such costs shall be as defined in section 502

7 of the Congressional Budget Act of 1974: Provided further,

8 That these funds are available to subsidize total

9 Ω49æPage 32, line 20, strike out øshall not¿ and insert:

10 of not to

11 Ω50æPage 32, line 20, strike out ø$15,000,000,000¿ and

12 insert: $17,400,000,000

13 Ω51æPage 32, line 20, strike out øProvided,¿ and insert:

14 Provided further, That during fiscal year 1996, the Sec15 retary shall sell assigned notes having an unpaid principal

16 balance of up to $4,000,000,000, which notes were origi17 nally obligations of the funds established under sections 238

18 and 519 of the National Housing Act: Provided further,

19 That the Secretary may use any negative subsidy amounts

20 from the sale of such assigned mortgage notes during fiscal

21 year 1996, in addition to amounts otherwise provided, for

22 the disposition of properties or notes under this heading (in23 cluding the credit subsidy for the guarantee of loans or the

24 reduction of positive credit subsidy amounts that would oth-
23

HR 2099 EAS

1 erwise be required for the sale of such properties or notes),

2 and for any other purpose under this heading: Provided fur3 ther,

4 Ω52æPage 33, line 1, strike out ømade available for obli5 gation¿ and insert: obligated

6 Ω53æPage 33, line 6, strike out all after ‘‘amounts’’ over

7 to and including ‘‘1974’’ in line 10 on page 34

8 Ω54æPage 34, line 24, strike out ø$197,470,000¿ and in9 sert: $202,470,000

10 Ω55æPage 34, line 24, strike out ø$197,455,000¿ and in11 sert: $198,299,000

12 Ω56æPage 35, line 13, strike out ø$8,824,000¿ and insert:

13 $9,101,000

14 Ω57æPage 35, line 15, strike out ø$8,824,000¿ and insert:

15 $9,101,000

16 Ω58æPage 35, strike out all after line 19 over to and in17 cluding line 2 on page 50 and insert:

18 SEC. 201. EXTEND ADMINISTRATIVE PROVISIONS FROM

19 THE RESCISSION ACT.

20 (a) PUBLIC AND INDIAN HOUSING MODERNIZATION.—
24

HR 2099 EAS

1 (1) EXPANSION OF USE OF MODERNIZATION

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

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

4 ‘‘(q)(1) In addition to the purposes enumerated in sec5 tions 14(a), 14(b), and 5(a), a public housing agency may

6 use modernization assistance provided under section 14,

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

8 any eligible activity authorized by either of those sections

9 or by applicable Appropriations Acts, including the demoli10 tion, rehabilitation, revitalization, and replacement of ex11 isting units and projects and, for up to 10 percent of its

12 allocation of such funds in any fiscal year, for any operat13 ing subsidy purpose authorized in section 9. Units and

14 projects assisted hereunder shall be for low-income families

15 and shall be eligible for operating subsidies subject to the

16 availability of appropriated funds.

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

18 to developments that include units for other than low-in19 come families, hereinafter called ‘‘mixed income develop20 ments’’, in the form of a grant, loan, or other form of invest21 ment which may be made to: (A) the public housing agency

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

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

24 housing agency or its affiliate is a general partner, manag25 ing member, or otherwise significantly directs the activities
25

HR 2099 EAS

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

2 housing agency the option to purchase the development

3 within 20 years after initial occupancy in accordance with

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

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

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

7 master contract or by individual lease, for occupancy by

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

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

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

11 such development that the financial assistance provided by

12 the public housing agency bears to the total equity invest13 ment in the development, or (ii) not be less than the number

14 of units that could have been developed under the conven15 tional public housing program with the assistance involved,

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

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

18 all units subject only to the applicable local real estate

19 taxes, notwithstanding that the low-income units assisted

20 by public housing funds would otherwise be subject to sec21 tion 6(d) of the Housing Act of 1937.’’.

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

23 of the Emergency Supplemental Appropriations for

24 Additional Disaster Assistance, for Antiterrorism Ini25 tiatives, for Assistance in the Recovery from the Trag-
26

HR 2099 EAS

1 edy that Occurred at Oklahoma City, and Rescissions

2 Act, 1995 (109 Stat. 235), is amended to read as fol3 lows:

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

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

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

7 provided from funds made available for fiscal year 1996

8 or any preceding fiscal year.’’.

9 (3) APPLICABILITY.—In accordance with section

10 201(b)(2) of the United States Housing Act of 1937,

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

12 public housing developed or operated pursuant to a

13 contract between the Secretary of Housing and Urban

14 Development and an Indian housing authority.’’.

15 (b) ONE-FOR-ONE REPLACEMENT OF PUBLIC AND IN16 DIAN HOUSING.—

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

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

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

20 applications for the demolition, disposition, or conversion

21 to homeownership of public housing approved by the Sec22 retary, and other consolidation and relocation activities of

23 public housing agencies undertaken on, before, or after Sep24 tember 30, 1995 and before September 30, 1996.’’.
27

HR 2099 EAS

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

2 Act of 1937 is amended by adding at the end the fol3 lowing new sentence: ‘‘No one may rely on the preced4 ing sentence as the basis for reconsidering a final

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

6 a court.’’.

7 (3) APPLICABILITY.—In accordance with section

8 201(b)(2) of the United States Housing Act of 1937,

9 the amendments made by this section and by sections

10 1002 (a), (b), and (c) of Public Law 104–19 shall

11 apply to public housing developed or operated pursu12 ant to a contract between the Secretary of Housing

13 and Urban Development and an Indian housing au14 thority.

15 SEC. 202. PUBLIC HOUSING RENTS AND INCOME

16 TARGETING.

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

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

19 end the following new sentence: ‘‘Where the rent determined

20 under the previous sentence is less than $25, the Secretary

21 shall permit a public housing agency to charge a family

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

23 (b) ESTABLISHMENT OF CEILING RENTS.—Section

24 3(a)(2) of the United States Housing Act of 1937 is amend25 ed to read as follows:
28

HR 2099 EAS

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

2 housing agency may—

3 ‘‘(A) adopt ceiling rents that reflect the rea4 sonable market value of the housing, but that are

5 not less than the monthly costs—

6 ‘‘(i) to operate the housing of the agen7 cy; and

8 ‘‘(ii) to make a deposit to a replace9 ment reserve (in the sole discretion of the

10 public housing agency); and

11 ‘‘(B) allow families to pay ceiling rents re12 ferred to in subparagraph (A), unless, with re13 spect to any family, the ceiling rent established

14 under this paragraph would exceed the amount

15 payable as rent by that family under paragraph

16 (1).’’.

17 (c) DEFINITION OF ADJUSTED INCOME.—Section

18 3(b)(5) of the United States Housing Act of 1937 is amend19 ed—

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

21 ‘‘and’’;

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

23 the period and inserting ‘‘; and ’’; and

24 (3) by inserting after subparagraph (G) the fol25 lowing:
29

HR 2099 EAS

1 ‘‘(H) for public housing, any other adjust2 ments to earned income established by the public

3 housing agency.

4 If a public housing agency adopts other adjustments

5 to income pursuant to subparagraph (H), the Sec6 retary (i) shall not take into account any reduction

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

8 dwelling rental income resulting from those adjust9 ments when calculating the contributions under sec10 tion 9 for the public housing agency for the operation

11 of the public housing.’’.

12 (d) REPEAL OF FEDERAL PREFERENCES.—

13 (1) PUBLIC HOUSING.—

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

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

16 is amended to read as follows:

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

18 and an opportunity for public comment, of writ19 ten system of preferences for admission to public

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

21 comprehensive housing affordability strategy

22 under title I of the Cranston-Gonzalez National

23 Affordable Housing Act;’’.

24 (2) SECTION 8 EXISTING AND MODERATE REHA25 BILITATION.—Section 8(d)(1)(A) of the United States
30

HR 2099 EAS

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

2 amended to read as follows:

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

4 function of the owner, subject to the provisions of

5 the annual contributions contract between the

6 Secretary and the agency, except that for the cer7 tificate and moderate rehabilitation programs

8 only, for the purpose of selecting families to be

9 assisted, the public housing agency may estab10 lish, after public notice and an opportunity for

11 public comment, a written system of preferences

12 for selection that is not inconsistent with the

13 comprehensive housing affordability strategy

14 under title I of the Cranston-Gonzalez National

15 Affordable Housing Act;’’.

16 (3) SECTION 8 VOUCHER PROGRAM.—Section

17 8(o)(3)(B) of the United States Housing Act of 1937

18 (42 U.S.C. 1437f(o)(3)(B)) is amended to read as fol19 lows:

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

21 be assisted under this subsection, the public hous22 ing agency may establish, after public notice and

23 an opportunity for public comment, a written

24 system of preferences for selection that is not in25 consistent with the comprehensive housing af-
31

HR 2099 EAS

1 fordability strategy under title I of the Cranston2 Gonzalez National Affordable Housing Act.’’.

3 (4) SECTION 8 NEW CONSTRUCTION AND SUB4 STANTIAL REHABILITATION.—

5 (A) REPEAL.—Section 545(c) of the Cran6 ston-Gonzalez National Affordable Housing Act

7 (42 U.S.C. 1437f note) is amended to read as fol8 lows:

9 ‘‘(c) [Reserved.]’’.

10 (B) PROHIBITION.—Notwithstanding any

11 other provision of law, no Federal tenant selec12 tion preferences shall apply with respect to—

13 (i) housing constructed or substantially

14 rehabilitated pursuant to assistance pro15 vided under section 8(b)(2) of the United

16 States Housing Act of 1937 (as such section

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

18 or

19 (ii) projects financed under section 202

20 of the Housing Act of 1959 (as such section

21 existed on the day before the date of enact22 ment of the Cranston-Gonzalez National Af23 fordable Housing Act).
32

HR 2099 EAS

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

2 Housing and Urban Development Act of 1965 (12

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

4 ‘‘(k) [Reserved.]’’.

5 (6) CONFORMING AMENDMENTS.—

6 (A) UNITED STATES HOUSING ACT OF

7 1937.—The United States Housing Act of 1937

8 (42 U.S.C. 1437 et seq.) is amended—

9 (i) in section 6(o), by striking ‘‘pref10 erence rules specified in’’ and inserting

11 ‘‘written system of prefenences for selection

12 established pursuant to’’;

13 (ii) in section 7(a)(2), by striking ‘‘ac14 cording to the preferences for occupancy

15 under’’ and inserting ‘‘in accordance with

16 the written system of preferences for selec17 tion established pursuant to’’;

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

19 the last sentence;

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

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

22 an’’ and inserting ‘‘An’’;

23 (v) in section 16(c), in the second sen24 tence, by striking ‘‘the system of preferences

25 established by the agency pursuant to sec-
33

HR 2099 EAS

1 tion 6(c)(4)(A)(ii)’’ and inserting ‘‘the writ2 ten system of preferences for selection estab3 lished by the public housing agency pursu4 ant to section 6(c)(4)(A)’’; and

5 (vi) in section 24(e)—

6 (I) by striking ‘‘(e) EXCEPTIONS.’’

7 and all that follows through ‘‘The Sec8 retary may’’ and inserting the follow9 ing:

10 ‘‘(e) EXCEPTION TO GENERAL PROGRAM REQUIRE11 MENTS.—The Secretary may’’; and

12 (II) by striking paragraph (2).

13 (B) CRANSTON-GONZALEZ NATIONAL AF14 FORDABLE HOUSING ACT.—Section 522(f)(b)(B)

15 of the Cranston-Gonzalez National Affordable

16 Housing Act (42 U.S.C. 12704 et seq.) is amend17 ed by striking ‘‘any preferences for such assist18 ance under section 8(d)(1)(A)(i)’’ and inserting

19 ‘‘written system of preferences for selection estab20 lished pursuant to section 8(d)(1)(A)’’.

21 (C) HOUSING AND COMMUNITY DEVELOP22 MENT ACT OF 1992.—Section 655 of the Housing

23 and Community Development Act of 1992 (42

24 U.S.C. 13615) is amended by striking ‘‘the pref-
34

HR 2099 EAS

1 erences’’ and all that follows through the period

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

3 (D) REFERENCES IN OTHER LAW.—Any ref4 erence in any Federal law other than any provi5 sion of any law amended by paragraphs (1)

6 through (5) of this subsection to the preferences

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

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

9 Housing Act of 1937 (as such sections existed on

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

11 shall be considered to refer to the written system

12 of preferences for selection established pursuant

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

14 respectively, of the United States Housing Act of

15 1937, as amended by this section.

16 (e) APPLICABILITY.—In accordance with section

17 201(b)(2) of the United States Housing Act of 1937, the

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

19 this section shall also apply to public housing developed or

20 operated pursuant to a contract between the Secretary of

21 Housing and Urban Development and an Indian housing

22 authority.

23 SEC. 203. CONVERSION OF CERTAIN PUBLIC HOUSING TO

24 VOUCHERS.

25 (a) IDENTIFICATION OF UNITS.—
35

HR 2099 EAS

1 (1) Each public housing agency shall identify

2 any public housing developments—

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

4 (B) that total more than—

5 (i) 600 dwelling units; or

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

7 buildings or substantially vacant buildings,

8 300 dwelling units;

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

10 percent for dwelling units not in funded on11 schedule modernization programs;

12 (D) identified as distressed housing that the

13 public housing agency cannot assure the long14 term viability as public housing through revital15 ization, density reduction, or achievement of a

16 broader range of household income; and

17 (E) for which the estimated cost of contin18 ued operation and modernization of the develop19 ments as public housing exceeds the cost of pro20 viding tenant-based assistance under section 8 of

21 the United States Housing Act of 1937 for all

22 families in occupancy, based on appropriate in23 dicators of cost (such as the percentage of total

24 development cost required for modernization).

25 (b) IMPLEMENTATION AND ENFORCEMENT.—
36

HR 2099 EAS

1 (1) STANDARDS FOR IMPLEMENTATION.—The

2 Secretary shall establish standards to permit imple3 mentation of this section in fiscal year 1996.

4 (2) CONSULTATION.—Each public housing agen5 cy shall consult with the applicable public housing

6 tenants and the unit of general local government in

7 identifying any public housing developments under

8 subsection (a).

9 (3) FAILURE OF PHAS TO COMPLY WITH SUB10 SECTION (a).—Where the Secretary determines that—

11 (A) a public housing agency has failed

12 under subsection (a) to identify public housing

13 developments for removal from the inventory of

14 the agency in a timely manner;

15 (B) a public housing agency has failed to

16 identify one or more public housing develop17 ments which the Secretary determines should

18 have been identified under subsection (a); or

19 (C) one or more of the developments identi20 fied by the public housing agency pursuant to

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

22 the Secretary, have been identified under that

23 subsection;
37

HR 2099 EAS

1 the Secretary may designate the developments to be

2 removed from the inventory of the public housing

3 agency pursuant to this section.

4 (c) REMOVAL OF UNITS FROM THE INVENTORIES OF

5 PUBLIC HOUSING AGENCIES.—

6 (1) Each public housing agency shall develop

7 and carry out a plan in conjunction with the Sec8 retary for the removal of public housing units identi9 fied under subsection (a) or subsection (b)(3), over a

10 period of up to five years, from the inventory of the

11 public housing agency and the annual contributions

12 contract. The plan shall be approved by the relevant

13 local official as consistent with the Comprehensive

14 Housing Affordability Strategy under title I of the

15 Housing and Community Development Act of 1992,

16 including a description of any disposition and demo17 lition plan for the public housing units.

18 (2) The Secretary may extend the deadline in

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

20 where the Secretary makes a determination that the

21 deadline is impracticable.

22 (3) The Secretary shall take appropriate actions

23 to ensure removal of developments identified under

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

25 agency, if the public housing agency fails to ade-
38

HR 2099 EAS

1 quately develop a plan under paragraph (1), or fails

2 to adequately implement such plan in accordance

3 with the terms of the plan.

4 (4) To the extent approved in appropriations,

5 the Secretary may establish requirements and provide

6 funding under the Urban Revitalization Demonstra7 tion program for demolition and disposition of public

8 housing under this section.

9 (5) Notwithstanding any other provision of law,

10 if a development is removed from the inventory of a

11 public housing agency and the annual contributions

12 contract pursuant to paragraph (1), the Secretary

13 may authorize or direct the transfer of—

14 (A) in the case of an agency receiving as15 sistance under the comprehensive improvement

16 assistance program, any amounts obligated by

17 the Secretary for the modernization of such de18 velopment pursuant to section 14 of the United

19 States Housing Act of 1937;

20 (B) in the case of an agency receiving pub21 lic and Indian housing modernization assistance

22 by formula pursuant to section 14 of the United

23 States Housing Act of 1937, any amounts pro24 vided to the agency which are attributable pur25 suant to the formula for allocating such assist-
39

HR 2099 EAS

1 ance to the development removed from the inven2 tory of that agency; and

3 (C) in the case of an agency receiving as4 sistance for the major reconstruction of obsolete

5 projects, any amounts obligated by the Secretary

6 for the major reconstruction of the development

7 pursuant to section 5 of such Act,

8 to the tenant-based assistance program of such

9 agency.

10 (d) CONVERSION TO TENANT-BASED ASSISTANCE.—

11 (1) The Secretary shall make authority available

12 to a public housing agency to provide tenant-based

13 assistance pursuant to section 8 to families residing

14 in any development that is removed from the inven15 tory of the public housing agency and the annual con16 tributions contract pursuant to subsection (b).

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

18 shall—

19 (A) require the agency to notify families re20 siding in the development, consistent with any

21 guidelines issued by the Secretary governing such

22 notifications, that the development shall be re23 moved from the inventory of the public housing

24 agency and the families shall receive tenant-
40

HR 2099 EAS

1 based or project-based assistance, and to provide

2 any necessary counseling for families; and

3 (B) ensure that all tenants affected by a de4 termination under this section that a develop5 ment shall be removed from the inventory of a

6 public housing agency shall be offered tenant7 based or project-based assistance and shall be re8 located, as necessary, to other decent, safe, sani9 tary, and affordable housing which is, to the

10 maximum extent practicable, housing of their

11 choice.

12 (e) IN GENERAL.—

13 (1) The Secretary may require a public housing

14 agency to provide such information as the Secretary

15 considers necessary for the administration of this sec16 tion.

17 (2) As used in this section, the term ‘‘develop18 ment’’ shall refer to a project or projects, or to por19 tions of a project or projects, as appropriate.

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

21 of 1937 shall not apply to the demolition of develop22 ments removed from the inventory of the public hous23 ing agency under this section.
41

HR 2099 EAS

1 SEC. 204. STREAMLINING SECTION 8 TENANT-BASED AS2 SISTANCE.

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

4 United States Housing Act of 1937 is hereby repealed.

5 (b) EXEMPTION FROM NOTICE REQUIREMENTS FOR

6 THE CERTIFICATE AND VOUCHER PROGRAMS.—Section

7 8(c) of such Act is amended—

8 (1) in paragraph (8), by inserting after ‘‘sec9 tion’’ the following: ‘‘(other than a contract for assist10 ance under the certificate or voucher program)’’; and

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

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

13 housing certificates or vouchers under subsection (b)

14 or (o))’’ and inserting ’’, other than a contract under

15 the certificate or voucher program’’.

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

17 is amended—

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

19 of the lease,’’ after ‘‘(ii)’’; and

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

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

22 SEC. 205. (a) FAIR MARKET RENTALS.—The Sec23 retary shall establish fair market rentals for purposes of sec24 tion 8(c)(1) of the United States Housing Act of 1937, as

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

26 shall be based on the 40th percentile rent of rental distribu-
42

HR 2099 EAS

1 tions of standard quality rental housing units. In establish2 ing such fair market rentals, the Secretary shall consider

3 only the rents for dwelling units occupied by recent movers

4 and may not consider the rents for public housing dwelling

5 units or newly constructed rental dwelling units.

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

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

8 1437f(c)(2)(A)) is further amended—

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

10 year 1996’’ after ‘‘1995’’;

11 (2) in the fourth sentence, strike ‘‘For’’ and in12 sert: ‘‘Except for assistance under the certificate pro13 gram, for’’;

14 (3) after the fourth sentence, insert:

15 ‘‘In the case of assistance under the certificate pro16 gram, 0.01 shall be subtracted from the amount of the

17 annual adjustment factor (except that the factor shall

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

19 shall not exceed the rent for a comparable unassisted

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

21 market area.’’; and

22 (4) in the last sentence, by

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

24 sentences’’ and
43

HR 2099 EAS

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

2 ‘‘1995’’.

3 (c) ADMINISTRATIVE FEES.—Notwithstanding the sec4 ond sentence of section 8(q)(1) of the United States Housing

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

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

7 administering the certificate, voucher, and moderate reha8 bilitation programs under section 8 shall not exceed 7.0 per9 cent of the fair market rental established for a 2-bedroom

10 existing rental dwelling unit in the market area of the pub11 lic housing agency.

12 (d) DELAY REISSUANCE OF VOUCHERS AND CERTIFI13 CATES.—Notwithstanding any other provision of law, a

14 public housing agency administering certificate or voucher

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

16 8 of the United States Housing Act of 1937, as amended,

17 shall delay for 6 months, the use of any amounts of such

18 assistance (or the certificate or voucher representing assist19 ance amounts) made available by the termination during

20 fiscal year 1996 of such assistance on behalf of any family

21 for any reason, but not later than October 1, 1996; with

22 the exception of any certificates assigned or committed to

23 project based assistance as permitted otherwise by the Act,

24 accomplished prior to the effective date of this Act.
44

HR 2099 EAS

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

2 DEMONSTRATION.

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

4 to give public housing agencies and the Secretary of Hous5 ing and Urban Development the flexibility to design and

6 test various approaches for providing and administering

7 housing assistance that: reduce cost and achieve greater cost

8 effectiveness in Federal expenditures; give incentives to fam9 ilies with children where the head of household is working,

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

11 job training, educational programs, or programs that assist

12 people to obtain employment and become economically self13 sufficient; and increase housing choices for lower-income

14 families.

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

16 and Urban Development shall conduct a demonstration pro17 gram under this section beginning in fiscal year 1996 under

18 which up to 30 public housing agencies (including Indian

19 housing authorities) administering the public or Indian

20 housing program and the section 8 housing assistance pay21 ments program may be selected by the Secretary to partici22 pate. The Secretary shall provide training and technical as23 sistance during the demonstration and conduct detailed

24 evaluations of up to 15 such agencies in an effort to identify

25 replicable program models promoting the purpose of the

26 demonstration. Under the demonstration, notwithstanding
45

HR 2099 EAS

1 any provision of the United States Housing Act of 1937

2 except as provided in subsection (e), an agency may com3 bine operating assistance provided under section 9 of the

4 United States Housing Act of 1937, modernization assist5 ance provided under section 14 of such Act, and assistance

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

7 voucher programs, to provide housing assistance for low8 income families, as defined in section 3(b)(2) of the United

9 States Housing Act of 1937, and services to facilitate the

10 transition to work on such terms and conditions as the

11 agency may propose and the Secretary may approve.

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

13 the demonstration—

14 (1) shall request authority to combine assistance

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

16 Housing Act of 1937;

17 (2) shall be submitted only after the public hous18 ing agency provides for citizen participation through

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

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

21 that takes into account comments from the public

22 hearing and any other public comments on the pro23 posed program, and comments from current and pro24 spective residents who would be affected, and that in25 cludes criteria for—
46

HR 2099 EAS

1 (A) selecting families to be assisted, which

2 shall require that at least 75 percent of the fami3 lies selected to participate in the demonstration

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

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

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

7 selected shall have incomes that do not exceed 30

8 percent of the median family income for the

9 area, as determined by the Secretary with ad10 justments for smaller and larger families, except

11 that the Secretary may establish income ceilings

12 higher or lower than 30 percent of the median

13 for the area on the basis of the Secretary’s find14 ings that such variations are necessary because

15 of unusually high or low family income;

16 (B) setting reasonable rents payable by fam17 ilies, which shall be designed to encourage em18 ployment and self-sufficiency by participating

19 families, consistent with the purpose of this dem20 onstration, such as by excluding some or all of

21 a family’s earned income for purposes of deter22 mining rent;

23 (C) continuing to assist substantially the

24 same total number of eligible low-income families
47

HR 2099 EAS

1 as would have been served had the amounts not

2 been combined;

3 (D) maintaining a comparable mix of fami4 lies (by family size) as would have been provided

5 had the amounts not been used under the dem6 onstration;

7 (E) assuring that housing assisted under

8 the demonstration program meets housing qual9 ity standards established or approved by the Sec10 retary; and

11 (F) other program design features required

12 by the Secretary; and

13 (4) may request assistance for training and tech14 nical assistance to assist with design of the dem15 onstration and to participate in a detailed evalua16 tion.

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

18 Secretary shall take into account the potential of each agen19 cy to plan and carry out a program under the demonstra20 tion, the relative performance by an agency under the pub21 lic housing management assessment program under section

22 6(j) of the United States Housing Act of 1937, and other

23 appropriate factors as determined by the Secretary.

24 (e) APPLICABILITY OF 1937 ACT PROVISIONS.—
48

HR 2099 EAS

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

2 of 1937 shall continue to apply to public housing not3 withstanding any use of the housing under this dem4 onstration.

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

6 assisted under the demonstration, other than housing

7 occupied by families receiving tenant-based assist8 ance.

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

10 AND COMPREHENSIVE GRANT PROGRAM ALLOCATIONS.—

11 The amount of assistance received under section 8, section

12 9, or pursuant to section 14 by a public housing agency

13 participating in the demonstration under this part shall

14 not be affected by its participation.

15 (g) RECORDS, REPORTS, AND AUDITS.—

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

17 keep such records as the Secretary may prescribe as

18 reasonably necessary to disclose the amounts and the

19 disposition of amounts under this demonstration, to

20 ensure compliance with the requirements of this sec21 tion, and to measure performance.

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

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

24 at a time specified by the Secretary. Each report

25 shall—
49

HR 2099 EAS

1 (A) document the use of funds made avail2 able under this section;

3 (B) provide such data as the Secretary may

4 request to assist the Secretary in assessing the

5 demonstration; and

6 (C) describe and analyze the effect of as7 sisted activities in addressing the objectives of

8 this part.

9 (3) ACCESS TO DOCUMENTS BY THE SEC10 RETARY.—The Secretary shall have access for the pur11 pose of audit and examination to any books, docu12 ments, papers, and records that are pertinent to as13 sistance in connection with, and the requirements of,

14 this section.

15 (4) ACCESS TO DOCUMENTS BY THE COMPTROL16 LER GENERAL.—The Comptroller General of the Unit17 ed States, or any of the duly authorized representa18 tives of the Comptroller General, shall have access for

19 the purpose of audit and examination to any books,

20 documents, papers, and records that are pertinent to

21 assistance in connection with, and the requirements

22 of, this section.

23 (h) EVALUATION AND REPORT.—

24 (1) CONSULTATION WITH PHA AND FAMILY REP25 RESENTATIVES.—In making assessments throughout
50

HR 2099 EAS

1 the demonstration, the Secretary shall consult with

2 representatives of public housing agencies and resi3 dents.

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

5 days after the end of the third year of the demonstra6 tion, the Secretary shall submit to the Congress a re7 port evaluating the programs carried out under the

8 demonstration. The report shall also include findings

9 and recommendations for any appropriate legislative

10 action.

11 (i) FUNDING FOR TECHNICAL ASSISTANCE AND EVAL12 UATION.—From amounts appropriated for assistance under

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

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

15 up to a total of $5,000,000—

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

17 and technical assistance—

18 (A) to public housing agencies that express

19 an interest to apply for training and technical

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

21 them in designing programs to be proposed for

22 the demonstration; and

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

24 training and technical assistance pursuant to
51

HR 2099 EAS

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

2 the approved program; and

3 (2) to conduct detailed evaluations of the activi4 ties of the public housing agencies under paragraph

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

6 SEC. 207. REPEAL OF PROVISIONS REGARDING INCOME DIS7 REGARDS.

8 (a) MAXIMUM ANNUAL LIMITATION ON RENT IN9 CREASES RESULTING FROM EMPLOYMENT.—Section 957 of

10 the Cranston-Gonzalez National Affordable Housing Act is

11 hereby repealed, retroactive to November 28, 1990, and shall

12 be of no effect.

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

14 Housing and Community Development Act of 1992 is here15 by repealed, retroactive to October 28, 1992, and shall be

16 of no effect.

17 SEC. 208. EXTENSION OF MULTIFAMILY HOUSING FINANCE

18 PROGRAMS.

19 (a) The first sentence of section 542(b)(5) of the Hous20 ing and Community Development Act of 1992 (12 U.S.C.

21 1707 note) is amended by striking ‘‘on not more than

22 15,000 units over fiscal years 1993 and 1994’’ and inserting

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

24 (b) The first sentence of section 542(c)(4) of the Hous25 ing and Community Development Act of 1992 (12 U.S.C.
52

HR 2099 EAS

1 1707 note) is amended by striking ‘‘on not to exceed 30,000

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

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

4 SEC. 209. FORECLOSURE OF HUD-HELD MORTGAGES

5 THROUGH THIRD PARTIES.

6 During fiscal year 1996, the Secretary of Housing and

7 Urban Development may delegate to one or more entities

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

9 responsibilities of the Secretary in connection with the fore10 closure of mortgages held by the Secretary under the Na11 tional Housing Act.

12 SEC. 210. RESTRUCTURING OF THE HUD MULTIFAMILY

13 MORTGAGE PORTFOLIO THROUGH STATE

14 HOUSING FINANCE AGENCIES.

15 During fiscal year 1996, the Secretary of Housing and

16 Urban Development may sell or otherwise transfer multi17 family mortgages held by the Secretary under the National

18 Housing Act to a State housing finance agency in connec19 tion with a program authorized under section 542 (b) or

20 (c) of the Housing and Community Development Act of

21 1992 without regard to the unit limitations in section

22 542(b)(5) or 542(c)(4) of such Act.
53

HR 2099 EAS

1 SEC. 211. TRANSFER OF SECTION 8 AUTHORITY.

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

3 is amended by adding the following new subsection at the

4 end:

5 ‘‘(bb) TRANSFER OF BUDGET AUTHORITY.—If an as6 sistance contract under this section, other than a contract

7 for tenant-based assistance, is terminated or is not renewed,

8 or if the contract expires, the Secretary shall, in order to

9 provide continued assistance to eligible families, including

10 eligible families receiving the benefit of the project-based as11 sistance at the time of the termination, transfer any budget

12 authority remaining in the contract to another contract.

13 The transfer shall be under such terms as the Secretary may

14 prescribe.’’.

15 SEC. 212. DOCUMENTATION OF MULTIFAMILY

16 REFINANCINGS.

17 Notwithstanding the 16th paragraph under the item

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

19 Departments of Veterans Affairs and Housing and Urban

20 Development, and Independent Agencies Appropriations

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

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

23 Act made by the 15th paragraph of such Act shall be effec24 tive during fiscal year 1996 and thereafter.
54

HR 2099 EAS

1 SEC. 213. DEMONSTRATION AUTHORITY.

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

3 Housing and Urban Development shall carry out a dem4 onstration program with respect to multifamily projects

5 whose mortgages are insured under the National Housing

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

7 States Housing Act of 1937 and whose present section 8

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

9 fair market rent of the locality in which the project is lo10 cated, including projects whose section 8 contracts expire

11 on or after October 1, 1996. These programs shall be de12 signed to test the feasibility and desirability of the goal of

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

14 service and operating expenses, including adequate reserves,

15 attributable to such multifamily projects whose mortgages

16 are insured under the National Housing Act and that are

17 assisted under section 8 of the United States Housing Act

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

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

20 project is located can be supported with and without mort21 gage insurance under the National Housing Act and with

22 and without above-market rents and utilizing project based

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

24 the residents, tenant based assistance, while taking into ac25 count the need for assistance of low and very low income

26 families in such projects. In carrying out this demonstra-
55

HR 2099 EAS

1 tion, the Secretary may use arrangements with third par2 ties, under which the Secretary may provide for the as3 sumption by the third parties (by delegation, contract, or

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

5 benefits of the Secretary.

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

7 Urban Development shall carry out the demonstration

8 programs under this section in a manner that—

9 (A) will protect the financial interests of the

10 Federal Government;

11 (B) will result in significant discretionary

12 cost savings through debt restructuring and sub13 sidy reduction; and

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

15 the goals of—

16 (i) maintaining existing housing stock

17 in a decent, safe, and sanitary condition;

18 (ii) minimizing the involuntary dis19 placement of tenants;

20 (iii) restructuring the mortgages of

21 such projects in a manner that is consistent

22 with local housing market conditions;

23 (iv) supporting fair housing strategies;

24 (v) minimizing any adverse income

25 tax impact on property owners; and
56

HR 2099 EAS

1 (vi) minimizing any adverse impact

2 on residential neighborhoods.

3 In determining the manner in which a mortgage is

4 to be restructured or the subsidy reduced, the Sec5 retary may balance competing goals relating to indi6 vidual projects in a manner that will further the pur7 poses of this section.

8 (2) DEMONSTRATION APPROACHES.—In carrying

9 out the demonstration programs, the Secretary may

10 use one or more of the following approaches:

11 (A) Joint venture arrangements with third

12 parties, under which the Secretary may provide

13 for the assumption by the third parties (by dele14 gation, contract, or otherwise) of some or all of

15 the functions, obligations, and benefits of the Sec16 retary.

17 (B) Subsidization of the debt service of the

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

19 receiving an unsubsidized market rent.

20 (C) Renewal of existing project-based assist21 ance contracts where the Secretary shall approve

22 proposed initial rent levels that do not exceed the

23 greater of 120 percent of fair market rents or

24 comparable market rents for the relevant metro-
57

HR 2099 EAS

1 politan market area or at rent levels under a

2 budget-based approach.

3 (D) Nonrenewal of expiring existing project4 based assistance contracts and providing tenant5 based assistance to previously assisted house6 holds.

7 (b) For purposes of carrying out demonstration pro8 grams under subsection (a)—

9 (1) the Secretary may manage and dispose of

10 multifamily properties owned by the Secretary as of

11 October 1, 1995 and multifamily mortgages held by

12 the Secretary as of October 1, 1995 for properties as13 sisted under section 8 with rents above 110 percent of

14 fair market rents without regard to any other provi15 sion of law; and

16 (2) the Secretary may delegate to one or more

17 entities the authority to carry out some or all of the

18 functions and responsibilities of the Secretary in con19 nection with the foreclosure of mortgages held by the

20 Secretary under the National Housing Act.

21 (c) For purposes of carrying out demonstration pro22 grams under subsection (a), subject to such third party con23 sents (if any) as are necessary including but not limited

24 to (i) consent by the Government National Mortgage Asso25 ciation where it owns a mortgage insured by the Secretary;
58

HR 2099 EAS

1 (ii) consent by an issuer under the mortgage-backed securi2 ties program of the Association, subject to the responsibil3 ities of the issuer to its security holders and the Association

4 under such program; and (iii) parties to any contractual

5 agreement which the Secretary proposes to modify or dis6 continue, the Secretary or one or more third parties des7 ignated by the Secretary may take the following actions:

8 (1) Notwithstanding any other provision of law,

9 the Secretary or third party may remove, relinquish,

10 extinguish, modify, or agree to the removal of any

11 mortgage, regulatory agreement, project-based assist12 ance contract, use agreement, or restriction that had

13 been imposed or required by the Secretary, including

14 restrictions on distributions of income which the Sec15 retary or third party determines would interfere with

16 the ability of the project to operate without above

17 market rents. The Secretary or third party may re18 quire an owner of a property assisted under the sec19 tion 8 new construction/substantial rehabilitation

20 program to apply any accumulated residual receipts

21 toward effecting the purposes of this section.

22 (2) Notwithstanding any other provision of law,

23 the Secretary of Housing and Urban Development

24 may enter into contracts to purchase reinsurance, or

25 enter into participations or otherwise transfer eco-
59

HR 2099 EAS

1 nomic interest in contracts of insurance or in the pre2 miums paid, or due to be paid, on such insurance to

3 third parties, on such terms and conditions as the

4 Secretary may determine.

5 (3) The Secretary may offer project-based assist6 ance with rents at or below fair market rents for the

7 locality in which the project is located and may nego8 tiate such other terms as are acceptable to the Sec9 retary and the project owner.

10 (4) If, after reducing rents as provided in sub11 section (3) hereof, the project would be unable to pay

12 full operating costs (including normal operating ex13 penses, reasonable reserves, full debt service, and rea14 sonable allowances for vacancy losses and debt service

15 coverage/owner return), the Secretary may offer to

16 pay all or a portion of the project’s debt service, and

17 shall restrict the portion of debt service, if any, to be

18 paid by the project to the amount consistent with

19 payment of such full operating costs. The Secretary

20 may offer to make such payments monthly from the

21 appropriate Insurance Fund, for the full remaining

22 term of the insured mortgage.

23 (5) Notwithstanding any other provision of law,

24 the Secretary may forgive and cancel any FHA-in25 sured mortgage debt that a demonstration program
60

HR 2099 EAS

1 property cannot carry at market rents while bearing

2 full operating costs.

3 (6) For demonstration program properties that

4 cannot carry full operating costs (excluding debt serv5 ice) at market rents, the Secretary shall approve

6 project-based rents sufficient to carry such full operat7 ing costs and shall offer to pay the full debt service

8 in the manner provided in paragraph (4).

9 (d) SELECTION.—The Secretary shall select multifam10 ily projects whose mortgages are insured that are from dif11 ferent geographic areas of the nation, from States and local12 ities of varying sizes, of different occupancy profiles by in13 come, race, and age, of different financial and physical con14 ditions, and other factors as determined by the Secretary.

15 (e) COMMUNITY AND TENANT INPUT.—In carrying out

16 this section, the Secretary shall develop procedures to obtain

17 appropriate and timely input from officials of the unit of

18 general local government affected, the community in which

19 the project is situated, and the tenant of the project.

20 (f) LIMITATION ON DEMONSTRATION AUTHORITY.—

21 The Secretary may carry out demonstration programs

22 under this section with respect to mortgages not to exceed

23 30,000 units over fiscal years 1996 and 1997: Provided,

24 That not less than fifty percent of the units participating

25 in the demonstration shall be in projects that are assisted
61

HR 2099 EAS

1 under section 8 new construction/substantial rehabilitation

2 contracts which expire after September 30, 1997. The dem3 onstration authorized under this section shall not be ex4 panded until the reports required under subsection (g) are

5 submitted to the Congress.

6 (g) REPORT TO CONGRESS.—The Secretary shall sub7 mit to the Congress every three months after the date of

8 enactment of this Act a report describing and assessing the

9 programs carried out under the demonstrations. The Sec10 retary shall also submit a final report to the Congress not

11 later than six months after the end of the demonstrations.

12 The final report shall include findings and recommenda13 tions for any legislative action appropriate to establish a

14 permanent program based on the findings under the dem15 onstrations. The final report shall also include a description

16 of the status of each multifamily housing project selected

17 for the demonstrations under this section. The final report

18 shall include—

19 (1) the size of the projects;

20 (2) the geographic locations of the projects, by

21 State and region;

22 (3) the physical and financial condition of the

23 projects;

24 (4) the occupancy profile of the projects, includ25 ing the income, family size, race, and ethnic origin
62

HR 2099 EAS

1 of current tenants, and the rents paid by such ten2 ants;

3 (5) a description of actions undertaken pursuant

4 to this section, including a description of the effective5 ness of such actions and any impediments to the

6 transfer or sale of multifamily housing projects;

7 (6) a description of the extent to which the dem8 onstrations under this section have displaced tenants

9 of multifamily housings projects;

10 (7) a description of any of the functions per11 formed in connection with this section that are trans12 ferred or contracted out to public or private entities

13 or to States;

14 (8) a description of the impact to which the dem15 onstrations under this section have affected the local16 ities and communities where the selected multifamily

17 housing projects are located; and

18 (9) a description of the extent to which the dem19 onstrations under this section have affected the owners

20 of multifamily housing projects.

21 (g) EFFECTIVE DATE.—The provisions of this section

22 shall become effective on October 1, 1996.

23 SEC. 214. SECTION 8 CONTRACT RENEWAL.

24 (a) IN GENERAL.—Notwithstanding any other provi25 sion of law, the Secretary shall renew upon expiration each
63

HR 2099 EAS

1 contract for project-based assistance under section 8 of the

2 United States Housing Act of 1937 that expires during fis3 cal year 1996 in accordance with this subsection.

4 (b) CONTRACT TERM.—Each contract described in sub5 section (a) may be renewed for a term not to exceed 2 years.

6 ‘‘(c) RENTS AND OTHER CONTRACT TERMS.—Except

7 as provided in subsections (d) and (e), the Secretary shall

8 offer to renew each contract described in subsection (a) (in9 cluding any contract relating to a multifamily project

10 whose mortgage is insured or assisted under the new con11 struction and substantial rehabilitation program under sec12 tion 8 of the United States Housing Act of 1937)—

13 (1) at a rent equal to the budget-based rent for

14 the project;

15 (2) at the current rent, where the current rent

16 does not exceed 120 percent of the fair market rent for

17 the jurisdiction in which the project is located; or

18 (3) at the current rent, pending the implementa19 tion of guidelines for budget-based rents.

20 (d) LOAN MANAGEMENT SET-ASIDE CONTRACTS.—The

21 Secretary shall offer to renew each loan management set22 aside contract at a rent equal to the budget-based rent for

23 the unit, as determined by the Secretary, for a period not

24 to exceed 1 year.
64

HR 2099 EAS

1 (e) TENANT-BASED ASSISTANCE OPTION.—Notwith2 standing any other provision of law, the Secretary may,

3 with the consent of the owner of a project that is subject

4 to a contract described in subsection (a) and with notice

5 to and in consultation with the tenants, agree to provide

6 tenant-based rental assistance under section 8(b) or 8(o) in

7 lieu of renewing a contract to provide project-based rental

8 assistance under subsection (a). Subject to advance appro9 priations, the Secretary may offer an owner incentives to

10 convert to tenant-based rental assistance.

11 (f) DEMONSTRATION PROGRAM.—If a contract de12 scribed in subsection (a) is eligible for the demonstration

13 program under section 213, the Secretary may make the

14 contract subject to the requirements of section 213.

15 (g) DEFINITIONS.—

16 (1) BUDGET-BASED RENT.—For purposes of this

17 section, the term ‘‘budget-based rent’’, with respect to

18 a multifamily housing project, means the rent that is

19 established by the Secretary, based on the actual and

20 projected costs of operating the project, at a level that

21 will provide income sufficient, with respect to the

22 project, to support—

23 (A) the debt service of the project;

24 (B) the operating expenses of the project, in25 cluding—
65

HR 2099 EAS

1 (i) contributions to actual reserves;

2 (ii) the costs of maintenance and nec3 essary rehabilitation, as determined by the

4 Secretary;

5 (iii) other costs permitted under sec6 tion 8 of the United States Housing Act of

7 1937, as determined by the Secretary;

8 (C) an adequate allowance for potential and

9 reasonable operating losses due to vacancies and

10 failure to collect rents, as determined by the Sec11 retary;

12 (D) an allowance for a rate of return on eq13 uity to the owner not to exceed 6 percent;

14 (E) other expenses, as determined to be nec15 essary by the Secretary.

16 (2) BASIC RENTAL CHARGE FOR SECTION 236.—

17 A basic rental charge determined or approved by the

18 Secretary for a project receiving interest reduction

19 payments under section 236 of the National Housing

20 Act shall be deemed a budget-based rent within the

21 meaning of this section.

22 (3) SECRETARY.—The term ‘‘Secretary’’ refers to

23 the Secretary of Housing and Urban development.
66

HR 2099 EAS

1 PRESERVATION REFORM

2 SEC. 215. Subtitle B of the Low-Income Housing Pres3 ervation and Resident Homeownership Act of 1990, is

4 amended as follows:

5 (a) After section 201, insert the following new

6 section:

7 ‘‘SEC. 202. APPLICABILITY.

8 ‘‘This subtitle shall be applicable to all eligible low9 income housing which has not received funding for a plan

10 of action before October 1, 1995. Eligible projects which

11 have received funding before such effective date shall be gov12 erned by the Low Income Housing Preservation and Resi13 dent Homeownership Act of 1990 as was in effect before

14 such effective date.’’.

15 (b) Section 211 is amended to read as follows:

16 ‘‘SEC. 211. PERMISSIBLE PREPAYMENT OR INCENTIVES NOT

17 TO PREPAY.

18 ‘‘(a) PREPAYMENT AND TERMINATION.—An owner of

19 eligible low income housing may prepay, and a mortgagee

20 may accept prepayment, in accordance with the terms of

21 the mortgage note, and regulations in effect when said note

22 was signed.

23 ‘‘(b) PLAN OF ACTION.—An owner of eligible housing

24 who does not exercise the right to prepay the mortgage may

25 file a plan of action to receive incentives to extend low in-
67

HR 2099 EAS

1 come use pursuant to section 219(b) or incentives for trans2 fers to qualified purchasers pursuant to section 220.’’.

3 (c) Section 212(a) is amended by striking the

4 words ‘‘as in accordance with section 218’’.

5 (d) Striking out section 214.

6 (e) Section 215 is amended as follows:

7 (1) Subsection (a) is amended to read as

8 follows:

9 ‘‘(a) DETERMINATION OF RELATION TO FEDERAL

10 COST LIMITS.—For each eligible low-income housing

11 project appraised under section 213(a), the Secretary shall

12 make an initial determination as to whether the estimated

13 allowable equity loan pursuant to section 219(b)(8) or the

14 estimated allowable grant pursuant to section 220(d)(3)(A)

15 exceeds the amount equal to 60 times the most recently pub16 lished fair market rent for the area in which the project

17 is located and the appropriate unit size for all of the units

18 in the eligible housing. The initial determination shall be

19 used solely for the purpose of providing information to own20 ers pursuant to section 216. Actual incentives available to

21 an owner (or a qualified purchaser) shall be determined

22 pursuant to an approved plan of action; provided however,

23 that the Secretary may not approve incentives in an

24 amount exceeding the federal cost limits as defined in this
68

HR 2099 EAS

1 section, unless the Secretary determines that preservation

2 for the eligible low income housing project is appropriate.’’.

3 (2) Subsection (b) is amended to read as

4 follows:

5 ‘‘(b) HOUSING EXCEEDING FEDERAL COST LIMITS.—

6 If the estimated allowable equity loan or grant for an eligi7 ble low income housing project exceeds the federal cost limit,

8 the owner may:

9 ‘‘(1) file a plan of action under section 217 to

10 receive incentives under section 219;

11 ‘‘(2) file a second notice of intent under section

12 216(d) indicating an intention to transfer the housing

13 under section 220 and take actions pursuant to such

14 section;

15 ‘‘(3) file a second notice under section 216(d) in16 dicating an intention to transfer the housing under

17 section 220 so long as a qualified purchaser provides

18 non-preservation resources sufficient to accommodate

19 the difference between the incentives approved under

20 the applicable plan of action and the actual purchase

21 price; or

22 ‘‘(4) file a second notice of intent under section

23 216(d) indicating an intention to prepay the mort24 gage or voluntarily terminate the insurance.’’.

25 (f) Section 216 is amended as follows:
69

HR 2099 EAS

1 (1) Strike subsection (a).

2 (2) Subsection (b)(2) is amended to read as

3 follows: ‘‘A statement of the required repairs and

4 initial reserve deposits required by the Secretary,

5 based on a capital needs assessment of the prop6 erty.’’.

7 (3) Subsection (b)(4) is amended by striking

8 the phrase, ‘‘aggregate preservation rents’’ and

9 inserting in lieu thereof, ‘‘estimated allowable eq10 uity loan or grant, as applicable.’’.

11 (4) Subsection (d)(1) is amended by delet12 ing the second and third sentences thereof.

13 (g) Section 217 is amended as follows:

14 (1) Subsection (a)(1) is amended by—

15 (A) striking out ‘‘terminate the low-in16 come affordability restrictions through pre17 payment of the mortgage or voluntary ter18 mination under section 218, or to’’;

19 (B) striking out ‘‘or 221’’; and

20 (C) striking the matter following ‘‘sec21 tion 220(b)’’.

22 (2) Subsection (b) is amended by—

23 (A) striking out paragraph (1); and

24 (B) in paragraph (2) striking out ‘‘If

25 the plan of action proposes to extend the low
70

HR 2099 EAS

1 income affordability restrictions of the hous2 ing in accordance with section 219 or trans3 fer the housing to a qualified purchaser in

4 accordance with section 220, the plan’’ and

5 inserting in lieu thereof, ‘‘The plan of ac6 tion shall include—’’.

7 (f) Strike out section 218.

8 (g) Section 219 is amended as follows:

9 (1) Subsection (a) is amended by deleting

10 from ‘‘for each year’’ to the end of the subsection

11 and inserting in lieu thereof ‘‘the incentives pro12 vided in subsection (b) hereof.’’

13 (2) Subsection (b) is amended by—

14 (A) striking out subparagraphs 2 and

15 3, and renumbering the remaining sub16 sections;

17 (B) amending paragraph 3 by deleting

18 all that follows ‘‘improvements’’ and insert19 ing in lieu thereof, ‘‘as provided in para20 graph 8 hereof’’;

21 (C) amending paragraph 5 to read as

22 follows: ‘‘Access by the owner to a portion

23 of preservation equity in the housing as

24 provided in paragraph (6) hereof.’’;
71

HR 2099 EAS

1 (D) by adding a new paragraph (8) as

2 follows:

3 ‘‘(8) A non-interest-bearing direct loan by the

4 Secretary equal in amount to the cost of rehabilita5 tion approved in the plan of action plus 70 percent

6 of the preservation equity.

7 ‘‘(i) Repayment of the loan provided under

8 this paragraph shall commence when the first

9 mortgage loan on the eligible low income housing

10 is paid in full. The Secretary shall require the

11 owner to make payments thereafter in an

12 amount not greater than the amount that the

13 owner had been paying on said first mortgage

14 taking into account any interest reduction pay15 ments made pursuant to section 236 of the Na16 tional Housing Act.

17 (ii) The Secretary shall permit an owner re18 turn equal to 8 percent of 30 percent of the pres19 ervation equity and shall permit the inclusion

20 thereof in the budget for the eligible housing in21 stead of the return permitted on the original eq22 uity of the eligible housing.’’; and

23 (E) by adding a new subsection (b)(9)

24 as follows:
72

HR 2099 EAS

1 ‘‘(9) retention of rental income in excess of the

2 basic rental charge in projects assisted under section

3 236 of the National Housing Act, to be used for the

4 purposes of preserving the low/moderate income char5 acter of the eligible low income housing.’’.

6 (3) In final unnumbered paragraph, strike

7 out the words ‘‘but the owner shall pay to the

8 Secretary all rental charges in excess of the basic

9 rental charges’’.

10 (h) Section 220 is amended as follows:

11 (1) Subsection (a) is amended by deleting

12 the final sentence thereof.

13 (2) Subsection (b)(1) is amended by deleting

14 the first sentence thereof and inserting in lieu

15 thereof the following:

16 ‘‘(1) For the 6 month period beginning on the

17 date of receipt by the Secretary of a second notice of

18 intent under section 216(d) with respect to such hous19 ing, the owner may offer to sell and/or negotiate a

20 sale of the housing only with—

21 ‘‘(i) a resident council or mutual housing

22 association intending to purchase the project

23 under section 226, which has the support of ten24 ants representing at least 75 percent of the occu-
73

HR 2099 EAS

1 pied units in the project and at least 50 percent

2 of all of the units in the project.

3 ‘‘(ii) a resident council intending to pur4 chase the project and retain it as rental housing,

5 which has the support of the majority of the ten6 ant households; or

7 ‘‘(iii) a community based nonprofit housing

8 organization, which has the support of the ma9 jority of the tenant households.

10 ‘‘(2) If no bona fide offer to purchase the project

11 is made and accepted during or at the end of the 6-

12 month period specified in subparagraph (b)(1) of this

13 section, the owner may offer to sell the project during

14 the succeeding 6 months to any priority purchaser.’’.

15 (2) Subsections (d)(2) and (d)(3) are

16 amended to read as follows:

17 ‘‘(d)(2) AMOUNT.—Subject to the availability of

18 amounts approved in appropriations Acts, the Secretary

19 shall, for approvable plans of action, provide assistance suf20 ficient to enable qualified purchasers to—

21 ‘‘(A) acquire the eligible low-income housing

22 from the current owner for a purchase price not

23 greater than the preservation value of the housing.

24 Such purchase price does not include the residual re25 ceipts account which shall be released to the owner,
74

HR 2099 EAS

1 but shall include the replacement reserve account

2 which shall be transferred to the purchaser;

3 ‘‘(B) rehabilitate the housing;

4 ‘‘(C) meet project operating expenses and estab5 lish adequate reserves for the housing, and in the case

6 of a Priority Purchaser, meet project oversight costs;

7 ‘‘(D) receive a distribution equal to 8 percent

8 annual return on any actual cash investment (from

9 sources other than assistance provided under this

10 title) made to acquire or rehabilitate the project;

11 ‘‘(E) in the case of a priority purchaser, receive

12 a reimbursement of all reasonable transaction ex13 penses associated with the acquisition, loan closing,

14 and implementation of an approved plan of action;

15 and

16 ‘‘(F) in the case of an approved resident home17 ownership program, cover the costs of training for the

18 resident council, homeownership counseling and

19 training, the fees for the nonprofit entity or public

20 agency working with the resident council and costs re21 lated to relocation of tenants who elect to move.

22 ‘‘(d)(3) INCENTIVES.—

23 ‘‘(A) IN GENERAL.—For all qualified purchasers

24 of housing under this subjection, the Secretary may

25 provide assistance for an approved Plan of Action in
75

HR 2099 EAS

1 the form of 1 or more of the incentives authorized

2 under section 219(b), except in lieu of the incentives

3 under section 219(b)(7) and 219(b)(8), the Secretary

4 shall provide a grant equal in amount to 100 percent

5 of the transfer preservation equity determined for the

6 property plus the amount of rehabilitation costs re7 quired by the plan of action: Provided, That the grant

8 may include, if the qualified purchaser is a priority

9 purchaser, any expenses associated with the acquisi10 tion, loan closing and implementation of the plan of

11 action, subject to approval by the Secretary. Expenses

12 associated with implementation of the plan of action

13 may include capital reserves, operating reserves, and

14 escrows established to mitigate the burden of initial

15 rent increases on tenants. At the purchaser’s election,

16 the grant shall be provided in the form of a loan in

17 the same amount. If the purchaser makes such elec18 tion, the interest rate on the loan shall be no less than

19 the applicable Federal rate and repayment shall be

20 deferred until sale of the housing or refinancing or re21 payment of the federally-assisted mortgage, whichever

22 is earlier, or such later date as may be required to

23 maintain low-income affordability restrictions for the

24 remaining useful life of the housing.’’.

25 (i) Strike out section 221.
76

HR 2099 EAS

1 (j) Section 222 is amended as follows:

2 (1) Strike out subsections (a)(2) (D), (E)

3 and (F) and renumbering the remaining sub4 paragraphs.

5 (2) Amend subsection (a)(2)(G) to read as

6 follows:

7 ‘‘(G) future rent adjustments shall be gov8 erned by the provisions of the regulatory agree9 ment concerning rent adjustments now in effect

10 for the eligible low-income housing except that

11 priority purchasers shall receive project oversight

12 costs. The Secretary shall process requests for

13 rent adjustments during the pendency of the

14 processing under this title.’’.

15 (3) Subsection (d)(2)(A)(i) is amended to

16 read as follows:

17 ‘‘(i) declining to authorize the release

18 of any escrowed loan proceeds and requiring

19 that such amounts be used for repairs.’’.

20 (4) Subsection (d)(2)(C)(ii) is amended by

21 striking out ‘‘an equity take-out loan has been

22 made under section 241(f) of the National Hous23 ing Act’’ and inserting in lieu thereof, ‘‘a loan

24 has been insured under the National Housing
77

HR 2099 EAS

1 Act or made pursuant to section 219(b)(8) or

2 220(d)(3)’’.

3 (5) Strike out subsection (d)(2)(C)(iii).

4 (6) Insert a new subsection (e) as follows:

5 ‘‘(e) MIXED INCOME COMMUNITIES.—To the extent

6 that federal assistance is provided for economic feasibility,

7 units available to new tenants will be available and afford8 able to the same proportions of very-low income families

9 or persons, low income families or persons, and moderate

10 income families or persons (including families or persons

11 whose incomes are 95 percent or more of area median in12 come) as of the date of approval of the plan of action.’’.

13 (k) Section 223 is amended as follows:

14 (1) Subsection (a) is amended by—

15 (A) striking out in the first sentence

16 ‘‘low-income’’ and inserting in lieu thereof

17 ‘‘very low-income’’; and

18 (B) striking out ‘‘eligible low income

19 housing’’ and inserting in lieu thereof

20 ‘‘housing financed under the programs set

21 forth in section 229(1)(A) of this Act’’.

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—
78

HR 2099 EAS

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.’’
79

HR 2099 EAS

1 (o) Section 229 is amended as follows:

2 (1) Paragraph (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) Paragraph (8) is amended—

19 (A) by deleting in subparagraph (A)

20 the words ‘‘determining the authorized re21 turn under section 219(b)(6)(ii)’’

22 (B) by deleting in subparagraph (B)

23 ‘‘and 221’’; and

24 (C) by deleting in subparagraph (B)

25 the words ‘‘acquisition loans under the pro-
80

HR 2099 EAS

1 visions of section 241(f)(3) of the National

2 Housing Act’’ and inserting in lieu thereof,

3 ‘‘acquisition grant under the provisions of

4 section 220(d)(2)’’.

5 (3) Paragraph (11) is amended by inserting

6 after ‘‘association’’: ‘‘(including such an organi7 zation or its affiliate that is a general partner

8 in a limited partnership)’’.

9 (4) Insert a new definition (12) as follows:

10 ‘‘(12) The term ‘Community Based Non-Profit

11 Organization’ is defined as set forth in 24 C.F.R.

12 248.101, except that a private nonprofit organization

13 shall be deemed to include an organization or its af14 filiate that is a general partner in a limited partner15 ship.’’.

16 (5) Insert a new definition (13) as follows:

17 ‘‘(13) Mutual Housing Association. A private en18 tity organized under State law that has been deter19 mined to be a tax-exempt entity under section 501c

20 of the Internal Revenue Code of 1986 (including such

21 an entity or its affiliate that is a general partner in

22 a limited partnership), and that owns, manages, and

23 continuously develops affordable housing by providing

24 long-term housing for low and moderate income indi25 viduals and families. The residents of mutual housing
81

HR 2099 EAS

1 participate in the ongoing management of the hous2 ing, and through the purchase of membership interests

3 in the associations have the right to continue residing

4 in the housing as long as they own memberships in

5 the associations.’’.

6 (6) Paragraph (1) is amended by inserting

7 new subparagraph (C) after subparagraph (B):

8 ‘‘(C) that has been determined to have pres9 ervation equity equivalent to the lesser of $5,000/

10 unit or $500,000 per project or the equivalent of

11 8 times the most recently published fair market

12 rent for the area in which the project is located

13 and the appropriate unit size for all of the units

14 in the eligible project.’’.

15 (p) Section 231(a) is amended by inserting be16 fore the period the following: ‘‘; and (C) any resident

17 council, community-based non-profit organization,

18 mutual housing association, or their affiliate that acts

19 as a general partner in a limited partnership and

20 agrees to maintain low-income affordability restric21 tions for the remaining useful life of the housing as

22 determined under section 222(c).’’.

23 (q) Section 232(a)(2) is amended to read as fol24 lows:
82

HR 2099 EAS

1 ‘‘(2) restricts or inhibits an owner of such hous2 ing from receiving any benefit provided under this

3 Act;’’.

4 (r) Inserting after section 235, the following new

5 section:

6 ‘‘SEC. 236. IMPLEMENTING PROVISIONS FOR CAPITAL

7 LOANS AND GRANTS.

8 ‘‘(a) SELF-IMPLEMENTATION.—The Secretary shall

9 implement the incentives of capital loans or grants pursu10 ant to section 219(b)(8) or 220(d)(2) upon the enactment

11 of an appropriations Act for fiscal year 1996 providing

12 funds for this purpose without issuing regulations and the

13 processing of an eligible project and any approvals rendered

14 by the Secretary under title VI of the Low Income Housing

15 Preservation and Resident Homeownership Act of 1990 or

16 title II of the Emergency Low Income Housing Preservation

17 Act of 1987 shall be effective under this title and the Sec18 retary shall not repeat any such processing.

19 ‘‘(b) PAYMENT OF EQUITY LOAN.—The Secretary shall

20 fund the loan pursuant to section 219(b)(6) within 180 days

21 after the approval of the plan of action, but shall pay an

22 8 percent return on preservation equity from 60 days after

23 approval of the plan of action. The Secretary may provide

24 funding for the capital loan provided under section

25 219(b)(8) equally over a five-year period, except that the
83

HR 2099 EAS

1 rehabilitation portion of the loan shall be funded in the first

2 installment. The Secretary shall pay the owner of the eligi3 ble housing interest on the unpaid portion of the loan at

4 the applicable federal rate at the time that the plan of ac5 tion is approved. If the Secretary fails to make the second

6 or subsequent installment payments on said loan within 60

7 days of its due date, the owner may prepay the mortgage

8 pursuant to section 211 and retain the amount of any in9 stallment previously paid.

10 ‘‘(c) PAYMENT OF GRANT OR LOAN.—The Secretary

11 shall provide full funding for the capital grant or loan as

12 provided under section 220(d)(3) within 180 days of ap13 proval of the plan of action. If the Secretary fails to make

14 such payment, the owner may prepay the existing mortgage

15 pursuant to section 224.

16 ‘‘(d) ELIHPA ELIGIBILITY.—An owner of eligible

17 housing who is processing an application under title II of

18 the Emergency Low Income Housing Preservation Act of

19 1987 on the effective date of this title may apply for the

20 incentives provided in this title or exercise its right of pre21 payment pursuant to section 211.’’.

22 (s) EFFECTIVE DATE.—The provisions of this section

23 shall become effective on October 1, 1996.
84

HR 2099 EAS

1 SEC. 216. EXTENSION OF HOME EQUITY CONVERSION

2 MORTGAGE PROGRAM.—Section 255(g) of the National

3 Housing Act (12 U.S.C. 1715z–20(g)) is amended—

4 (1) in the first sentence, by striking ‘‘September

5 30, 1995’’ and inserting ‘‘September 30, 1996’’; and

6 (2) in the second sentence, by striking ‘‘25,000’’

7 and inserting ‘‘30,000’’.

8 SEC. 217. ASSESSMENT COLLECTION DATES FOR OF9 FICE OF FEDERAL HOUSING ENTERPRISE OVERSIGHT.—

10 Section 1316(b) of the Housing and Community Develop11 ment Act of 1992 (12 U.S.C. 4516(b)) is amended by strik12 ing paragraph (2) and inserting the following new para13 graph:

14 ‘‘(2) TIMING OF PAYMENT.—The annual assess15 ment shall be payable semiannually for each fiscal

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

17 SEC. 218. During fiscal year 1996, notwithstanding

18 any other provision of law, the number of individuals em19 ployed by the Department of Housing and Urban Develop20 ment in other than ‘‘career appointee’’ positions in the Sen21 ior Executive Service shall not exceed 20.

22 SEC. 219. Of the $93,400,000 earmarked in Public

23 Law 101–144 (103 Stat 850), as amended by Public Law

24 101–302 (104 Stat 237), for special projects and purposes,

25 any amounts remaining of the $500,000 made available to
85

HR 2099 EAS

1 Bethlehem House in Highland, California, for site planning

2 and land acquisition shall instead be made available to the

3 County of San Bernardino in California to assist with the

4 expansion of the Los Padrinos Gang Intervention Program

5 and the Unity Home Domestic Violence Shelter.

6 SEC. 220. PERMISSIBLE ADJUSTMENT TO MODERNIZA7 TION FORMULA.—Section 14(k) of the United States Hous8 ing Act of 1937 is amended—

9 (1) in paragraph (2)(B)—

10 (A) by striking ‘‘The Secretary’’ and insert11 ing ‘‘Except as otherwise provided in this sub12 paragraph, the Secretary’’; and

13 (B) by inserting after the first sentence the

14 following: ‘‘The Secretary may adjust the

15 amount allocated under this subparagraph as

16 necessary to provide additional weight for back17 log needs.’’;

18 (2) in paragraph (2)(C), by striking ‘‘other half’’

19 and inserting ‘‘remainder’’; and

20 (3) in paragraph (8)—

21 (A) by striking ‘‘half’’ the first time it ap22 pears and inserting ‘‘half, or such other amount

23 as the Secretary determines to be necessary pur24 suant to paragraph (2)(B),’’; and
86

HR 2099 EAS

1 (B) by striking ‘‘half’’ the second time it

2 appears, and inserting ‘‘the remainder’’.

3 SEC. 221. (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;
87

HR 2099 EAS

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. 222. 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. 223. 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’’.

21 Ω59æPage 50, after line 2 insert:

22 SEC. 224. None of the funds provided in this Act may

23 be used during fiscal year 1996 to investigate or prosecute

24 under the Fair Housing Act (42 U.S.C. 3601, et seq.) any

25 otherwise lawful activity engaged in by one or more per-
88

HR 2099 EAS

1 sons, including the filing or maintaining of non-frivolous

2 legal action, that is engaged in solely for the purposes of

3 achieving or preventing action by a Government official,

4 entity, or court of competent jurisdiction.

5 Ω60æPage 50, after line 2 insert:

6 SEC. 225. None of the funds provided in this Act may

7 be used to take any enforcement action with respect to a

8 complaint of discrimination under the Fair Housing Act

9 (42 U.S.C. 3601, et seq.) on the basis of familial status and

10 which involves an occupancy standard established by the

11 housing provider except to the extent that it is found that

12 there has been discrimination in contravention of the stand13 ards provided in the March 20, 1991 Memorandum from

14 the General Counsel of the Department of Housing and

15 Urban Development to all Regional Counsel or until such

16 time that HUD issues a final rule in accordance with sec17 tion 553 of title 5, United States Code.

18 Ω61æPage 50, after line 2 insert:

19 Sec. 226. CDBG Eligible Activities.

20 Section 105(a) of the Housing and Community Devel21 opment Act of 1974 (42 U.S.C. 5305(a)) is amended—

22 (1) in paragraph (4)—

23 (A) by inserting ‘‘reconstruction,’’ after ‘‘re24 moval,’’; and
89

HR 2099 EAS

1 (B) by striking ‘‘acquisition for rehabilita2 tion, and rehabilitation’’ and inserting ‘‘acquisi3 tion for reconstruction or rehabilitation, and re4 construction or rehabilitation’’;

5 (2) in paragraph (13), by striking ‘‘and’’ at the

6 end;

7 (3) by striking paragraph (19);

8 (4) in paragraph (24), by striking ‘‘and’’ at the

9 end;

10 (5) in paragraph (25), by striking the period at

11 the end and inserting ‘‘; and’’;

12 (6) by redesignating paragraphs (20) through

13 (25) as paragraphs (19) through (24), respectively;

14 and

15 (7) by redesignating paragraph (21) (as added

16 by section 1012(f)(3) of the Housing and Community

17 Development Act of 1992) as paragraph (25).

18 Ω62æPage 50, after line 2 insert:

19 SEC. 227. REPORT ON IMPACT OF COMMUNITY DEVEL20 OPMENT FUNDS ON PLAN RELOCATIONS AND JOB DISLOCA21 TION.

22 Not later than October 1, 1996, the Secretary of the

23 Department of Housing and Urban Development shall sub24 mit to the appropriate Committees of the Congress a report

25 on—
90

HR 2099 EAS

1 (1) the extent to which funds provided under sec2 tion 106 (Community Development Block Grants),

3 section 107 (Special Purpose Grants), and Section

4 108(q) (Economic Development Grants) of the Hous5 ing and Community Development Act of 1974, have

6 been directly used to facilitate the closing of an indus7 trial or commercial plant or the substantial reduction

8 of operations of a plant and result in the relocation

9 or expansion of a plant from one State to another;

10 (2) the extent to which the availability of such

11 funds has been a substantial factor in the decision to

12 relocate a plant from one State to another;

13 (3) an analysis of the extent to which provisions

14 in other laws prohibiting the use of Federal funds to

15 facilitate the closing of an industrial or commercial

16 plant or the substantial reduction in the operations of

17 such plant and the relocation or expansion of a plant

18 have been effective; and

19 (4) recommendations as to how Federal pro20 grams can be designed to prevent the use of Federal

21 funds to directly facilitate the transfer of jobs from

22 one State to another.

23 Ω63æPage 51, strike out all after line 20, over to and in24 cluding line 3 on page 52 and insert:
91

HR 2099 EAS

1 For necessary expenses for the Corporation for Na2 tional and Community Service in carrying out the orderly

3 terminations of programs, activities, and initiatives under

4 the National and Community Service Act of 1990, as

5 amended (Public Law 103–82), $6,000,000: Provided, That

6 such amount shall be utilized to resolve all responsibilities

7 and obligations in connection with said Corporation and

8 the Corporation’s Office of Inspector General.

9 Ω64æPage 52, line 21, strike out ø$11,296,000¿ and in10 sert: $11,946,000

11 Ω65æPage 53, strike out lines 2 through 9 and insert:

12 SCIENCE AND TECHNOLOGY

13 For science and technology, including research and de14 velopment activities; necessary expenses for personnel and

15 related costs and travel expenses, including uniforms, or al16 lowances therefore, as authorized by 5 U.S.C. 5901–5902;

17 services as authorized by 5 U.S.C. 3109, but at rates for

18 individuals not to exceed the per diem rate equivalent to

19 the rate for GS–18; procurement of laboratory equipment

20 and supplies; other operating expenses in support of re21 search and development; construction, alteration, repair, re22 habilitation and renovation of facilities, not to exceed

23 $75,000 per project; $500,000,000, which shall remain

24 available until September 30, 1997.
92

HR 2099 EAS

1 Ω66æPage 53, strike out all after line 9, over to and in2 cluding line 7 on page 60 and insert:

3 PROGRAM ADMINISTRATION AND MANAGEMENT

4 For program administration and management activi5 ties, including necessary expenses for personnel and related

6 costs and travel expenses, including uniforms, or allowances

7 therefore, as authorized by 5 U.S.C. 5901–5902; services as

8 authorized by 5 U.S.C. 3109, but at rates for individuals

9 not to exceed the per diem rate equivalent to the rate for

10 GS–18; hire of passenger motor vehicles; hire, maintenance,

11 and operation of aircraft; purchase of reprints; library

12 memberships in societies or associations which issue publi13 cations to members only or at a price to members lower

14 than to subscribers who are not members; construction, al15 teration, repair, rehabilitation, and renovation of facilities,

16 not to exceed $75,000 per project; and not to exceed $6,000

17 for official reception and representation expenses;

18 $1,670,000,000, which shall remain available until Septem19 ber 30, 1997.

20 Ω67æPage 60, after line 8 insert:

21 (INCLUDING TRANSFER OF FUNDS)

22 Ω68æPage 60, line 13, strike out ø$28,542,000¿ and in23 sert: $27,700,000
93

HR 2099 EAS

1 Ω69æPage 60, line 18, strike out ø$28,820,000¿ and in2 sert: $60,000,000

3 Ω70æPage 61, line 2, strike out øto be derived from gen4 eral revenues¿ and insert: consisting of $753,400,000 as

5 authorized by section 517(a) of the Superfund Amendments

6 and Reauthorization Act of 1986 (SARA), as amended by

7 Public Law 101–508, and $250,000,000 as a payment from

8 general revenues to the Hazardous Substance Superfund as

9 authorized by section 517(b) of SARA, as amended by Pub10 lic Law 101–508

11 Ω71æPage 61, line 6, strike out ø$5,000,000¿ and insert:

12 $11,700,000

13 Ω72æPage 61, line 11, strike out ø$62,000,000¿ and in14 sert: $55,000,000

15 Ω73æPage 61, line 21, strike out all after ‘‘1996’’ down

16 to and including ‘‘reauthorized’’ in line 25

17 Ω74æPage 61, line 25, after ‘‘reauthorized’’ insert: : Pro18 vided further, That none of the funds made available under

19 this heading may be used by the Environmental Protection

20 Agency to propose for listing or to list any additional facili21 ties on the National Priorities List established by section

22 105 of the Comprehensive Environmental Response, Com23 pensation and Liability Act (CERCLA), as amended (42
94

HR 2099 EAS

1 U.S.C. 9605), unless the Administrator receives a written

2 request to propose for listing or to list a facility from the

3 Governor of the State in which the facility is located, or

4 appropriate tribal leader, or unless legislation to reauthor5 ize CERCLA is enacted

6 Ω75æPage 61, line 25, after ‘‘reauthorized’’ insert: : Pro7 vided further, That the Administrator shall continue fund8 ing the Brownfields Economic Redevelopment Initiative

9 from available funds at a level necessary to complete the

10 award of 50 cumulative Brownfields Pilots planned for

11 award by the end of fiscal year 1996 and carry out other

12 elements of the Brownfields Action Agenda in order to fa13 cilitate economic redevelopment at Brownfields sites

14 Ω76æPage 62, line 9, strike out ø$5,285,000¿ and insert:

15 $8,000,000

16 Ω77æPage 62, line 11, strike out ø$426,000¿ and insert:

17 $600,000

18 Ω78æPage 62, line 18, strike out ø$20,000,000¿ and in19 sert: $15,000,000

20 Ω79æPage 62, line 20, strike out ø$8,420,000¿ and insert:

21 $8,000,000

22 Ω80æPage 62, strike out all after line 22, over to and in23 cluding line 2 on page 65 and insert:
95

HR 2099 EAS

1 PROGRAM AND INFRASTRUCTURE ASSISTANCE

2 For environmental programs and infrastructure as3 sistance, including capitalization grants for state revolving

4 funds and performance partnership grants, $2,340,000,000,

5 to remain available until expended, of which

6 $1,500,000,000 shall be for making capitalization grants for

7 State revolving funds to support water infrastructure fi8 nancing; $100,000,000 for architectural, engineering, de9 sign, construction and related activities in connection with

10 the construction of high priority water and wastewater fa11 cilities in the area of the United States-Mexico Border, after

12 consultation with the appropriate border commission;

13 $50,000,000 for grants to the State of Texas, which shall

14 be matched by an equal amount of State funds from State

15 resources, for the purpose of improving wastewater treat16 ment for colonias; and $15,000,000 for grants to the State

17 of Alaska, subject to an appropriate cost share as deter18 mined by the Administrator, to address wastewater infra19 structure needs of Alaska Native villages: Provided, That

20 beginning in fiscal year 1996 and each fiscal year there21 after, and notwithstanding any other provision of law, the

22 Administrator is authorized to make grants annually from

23 funds appropriated under this heading, subject to such

24 terms and conditions as the Administrator shall establish,

25 to any State or federally recognized Indian tribe for multi-
96

HR 2099 EAS

1 media or single media pollution prevention, control and

2 abatement and related environmental activities at the re3 quest of the Governor or other appropriate State official or

4 the tribe: Provided further, That from funds appropriated

5 under this heading, the Administrator may make grants to

6 federally recognized Indian governments for the develop7 ment of multimedia environmental programs: Provided fur8 ther, That of the $1,500,000,000 for capitalization grants

9 for State revolving funds to support water infrastructure

10 financing, $500,000,000 shall be for drinking water State

11 revolving funds, but if no drinking water State revolving

12 fund legislation is enacted by April 30, 1996, these funds

13 shall immediately be available for making capitalization

14 grants under title VI of the Federal Water Pollution Control

15 Act, as amended: Provided further, That of the funds made

16 available under this heading in Public Law 103–327 and

17 in Public Law 103–124 for capitalization grants for State

18 revolving funds to support water infrastructure financing,

19 $225,000,000 shall be made available for capitalization

20 grants for State revolving funds under title VI of the Fed21 eral Water Pollution Control Act, as amended, if no drink22 ing water State revolving fund legislation is enacted by

23 April 30, 1996: Provided further, That of the funds appro24 priated in the Construction Grants and Water Infrastruc25 ture/State Revolving Funds accounts since the appropria-
97

HR 2099 EAS

1 tion for the fiscal year ending September 30, 1992, and

2 hereafter, for making grants for wastewater treatment works

3 construction projects, portions may be provided by the re4 cipients to States for managing construction grant activi5 ties, on condition that the States agree to reimburse the re6 cipients from State funding sources.

7 Ω81æPage 65, after line 2 insert:

8 ADMINISTRATIVE PROVISIONS

9 SEC. 301. MORATORIUM ON CERTAIN EMISSIONS TESTING

10 REQUIREMENTS.

11 (a) MORATORIUM.—

12 (1) IN GENERAL.—The Administrator of the En13 vironmental Protection Agency (referred to in this

14 subsection as the ‘‘Administrator’’) shall not require

15 adoption or implementation by a State of a test-only

16 or I/M240 enhanced vehicle inspection and mainte17 nance program as a means of compliance with section

18 182 of the Clean Air Act (42 U.S.C. 7511a), but the

19 Administrator may approve such a program if a

20 State chooses to adopt the program as a means of

21 compliance.

22 (2) REPEAL.—Paragraph (1) is repealed effective

23 as of the date that is 1 year after the date of enact24 ment of this Act.

25 (b) PLAN APPROVAL.—
98

HR 2099 EAS

1 (1) IN GENERAL.—The Administrator of the En2 vironmental Protection Agency (referred to in this

3 subsection as the ‘‘Administrator’’) shall not dis4 approve a State implementation plan revision under

5 section 182 of the Clean Air Act (42 U.S.C. 7511a)

6 on the basis of a regulation providing for a 50-per7 cent discount for alternative test-and-repair inspec8 tion and maintenance programs.

9 (2) CREDIT.—If a State provides data for a pro10 posed inspection and maintenance system for which

11 credits are appropriate under section 182 of the Clean

12 Air Act (42 U.S.C. 7511a), the Administrator shall

13 allow the full amount of credit for the system that is

14 appropriate without regard to any regulation that

15 implements that section by requiring centralized

16 emissions testing.

17 (3) DEADLINE.—The Administrator shall com18 plete and present a technical assessment of data for

19 a proposed inspection and maintenance system sub20 mitted by a State not later than 45 days after the

21 date of submission.

22 Ω82æPage 65, after line 2 insert:

23 SEC. 302. None of the funds made available in this

24 Act may be used by the Environmental Protection Agency

25 to impose or enforce any requirement that a State imple-
99

HR 2099 EAS

1 ment trip reduction measures to reduce vehicular emissions.

2 Section 304 of the Clean Air Act (42 U.S.C. 7604) shall

3 not apply with respect to any such requirement during the

4 period beginning on the date of the enactment of this Act

5 and ending September 30, 1996.

6 Ω83æPage 65, after line 2 insert:

7 SEC. 303. None of the funds provided in this Act may

8 be used within the Environmental Protection Agency for

9 any final action by the Administrator or her delegate for

10 signing and publishing for promulgation a rule concerning

11 any new standard for arsenic (for its carcinogenic effects),

12 sulfates, radon, ground water disinfection, or the contami13 nants in phase VI B in drinking water, unless the Safe

14 Drinking Water Act of 1986 has been reauthorized.

15 Ω84æPage 65, after line 2 insert:

16 SEC. 304. None of the funds provided in this Act may

17 be used during fiscal year 1996 to sign, promulgate, imple18 ment or enforce the requirement proposed as ‘‘Regulation

19 of Fuels and Fuel Additives: Individual Foreign Refinery

20 Baseline Requirements for Reformulated Gasoline’’ at vol21 ume 59 of the Federal Register at pages 22800 through

22 22814.

23 Ω85æPage 65, after line 2 insert:
100

HR 2099 EAS

1 SEC. 305. None of the funds appropriated to the Envi2 ronmental Protection Agency for fiscal year 1996 may be

3 used to implement section 404(c) of the Federal Water Pol4 lution Control Act, as amended. No pending action by the

5 Environmental Protection Agency to implement section

6 404(c) with respect to an individual permit shall remain

7 in effect after the date of enactment of this Act.

8 Ω86æPage 65, after line 2 insert:

9 SEC. 306. Notwithstanding any other provision of law,

10 for this fiscal year and hereafter, an industrial discharger

11 that is a pharmaceutical manufacturing facility and dis12 charged to the Kalamazoo Water Reclamation Plant (an

13 advanced wastewater treatment plant with activated car14 bon) prior to the date of enactment of this Act may be ex15 empted from categorical pretreatment standards under sec16 tion 307(b) of the Federal Water Pollution Control Act, as

17 amended, if the following conditions are met: (1) the owner

18 or operator of the Kalamazoo Water Reclamation Plant ap19 plies to the State of Michigan for an exemption for such

20 industrial discharger, (2) the State or Administrator, as

21 applicable, approves such exemption request based upon a

22 determination that the Kalamazoo Water Reclamation

23 Plant will provide treatment and pollution removal consist24 ent with or better than treatment and pollution removal

25 requirements set forth by the Environmental Protection
101

HR 2099 EAS

1 Agency, the State determines that the total removal of each

2 pollutant released into the environment will not be lesser

3 than the total removal of such pollutants that would occur

4 in the absence of the exemption, and (3) compliance with

5 paragraph (2) is addressed by the provisions and conditions

6 of a permit issued to the Kalamazoo Water Reclamation

7 Plant under section 402 of such Act, and there exists an

8 operative financial contract between the City of Kalamazoo

9 and the industrial user and an approved local pretreatment

10 program, including a joint monitoring program and local

11 controls to prevent against interference and pass through.

12 Ω87æPage 65, after line 2 insert:

13 SEC. 307. No funds appropriated by this Act may be

14 used during fiscal year 1996 to enforce the requirements

15 of section 211(m)(2) of the Clean Air Act that require fuel

16 refiners, marketers, or persons who sell or dispense fuel to

17 ultimate consumers in any carbon monoxide nonattainment

18 area in Alaska to use methyl tertiary butyl ether (MTBE)

19 to meet the oxygen requirements of that section.

20 Ω88æPage 65, after line 2 insert:

21 SEC. 308. None of the funds appropriated under this

22 Act may be used to implement the requirements of section

23 186(b)(2), section 187(b) or section 211(m) of the Clean Air

24 Act (42 U.S.C. 7512(b)(2), 7512a(b), or 7545(m)) with re25 spect to any moderate nonattainment area in which the av-
102

HR 2099 EAS

1 erage daily winter temperature is below 0 degrees Fahr2 enheit. The preceding sentence shall not be interpreted to

3 preclude assistance from the Environmental Protection

4 Agency to the State of Alaska to make progress toward meet5 ing the carbon monoxide standard in such areas and to re6 solve remaining issues regarding the use of oxygenated fuels

7 in such areas.

8 Ω89æPage 65, after line 2 insert:

9 SEC. 309. ENERGY EFFICIENCY AND ENERGY SUPPLY

10 PROGRAMS.

11 (a) PRIORITY FOR SMALL BUSINESSES.—During fis12 cal year 1996 the Administrator of the Environmental Pro13 tection Agency shall give priority in providing assistance

14 in its Energy Efficiency and Energy Supply programs to

15 organizations that are recognized as small business concerns

16 under section 3(a) of the Small Business Act (15 U.S.C.

17 632(a)).

18 (b) STUDY.—The Administrator shall perform a study

19 to determine the feasibility of establishing fees to recover

20 all reasonable costs incurred by EPA for assistance rendered

21 businesses in its Energy Efficiency and Energy Supply

22 program. The study shall include, among other things, an

23 evaluation of making the Energy Efficiency and Energy

24 Supply Program self-sustaining, the value of the assistance

25 rendered to businesses, providing exemptions for small busi-
103

HR 2099 EAS

1 nesses, and making the fees payable directly to a fund that

2 would be available for use by EPA as needed for this pro3 gram. The Administrator shall report to Congress by March

4 15, 1996 on the results of this study and EPA’s plan for

5 implementation.

6 (c) FUNDING.—For fiscal year 1996, up to

7 $100,000,000 of the funds appropriated to the Environ8 mental Protection Agency may be used by the Adminis9 trator to support global participation in the Montreal Pro10 tocol facilitation fund and for the climate change action

11 plan programs including the green programs.

12 Ω90æPage 65, after line 2 insert:

13 SEC. 310. The Administrator of the Environmental

14 Protection Agency shall not, under authority of section 6

15 of the Toxic Substances Control Act (15 U.S.C. 2605), take

16 final action on the proposed rule dated February 28, 1994

17 (59 Fed. Reg. 11122 (March 9, 1994)) to prohibit or other18 wise restrict the manufacturing, processing, distributing, or

19 use of any fishing sinkers or lures containing lead, zinc,

20 or brass unless the Administrator finds that the risk to wa21 terfowl cannot be addressed through alternative means in

22 which case, the rule making may proceed 180 days after

23 Congress is notified of the finding.

24 Ω91æPage 65, after line 2 insert:
104

HR 2099 EAS

1 SEC. 311. Not later than 90 days after the date of en2 actment of this Act, the Administrator of the Environ3 mental Protection Agency (EPA) shall enter into an ar4 rangement with the National Academy of Sciences to inves5 tigate and report on the scientific bases for the public rec6 ommendations of the EPA with respect to indoor radon and

7 other naturally occurring radioactive materials (NORM).

8 The National Academy shall examine EPA’s guidelines in

9 light of the recommendations of the National Council on

10 Radiation Protection and Measurements, and other peer11 reviewed research by the National Cancer Institute, the Cen12 ters for Disease Control, and others, on radon and NORM.

13 The National Academy shall summarize the principal areas

14 of agreement and disagreement among the above, and shall

15 evaluate the scientific and technical basis for any dif16 ferences that exist. Not later than 18 months after the date

17 of enactment of this Act, the Administrator shall submit

18 to Congress the report of the National Academy and a state19 ment of the Administrator’s views on the need to revise

20 guidelines for radon and NORM in response to the evalua21 tion of the National Academy. Such statement shall explain

22 and differentiate the technical and policy bases for such

23 views.

24 Ω92æPage 65, after line 2 insert:
105

HR 2099 EAS

1 SEC. 312. EPA Research and Development Activities

2 and Staffing.

3 (a) STAR PROGRAM.—The Administrator of the Envi4 ronmental Protection Agency may not use any funds made

5 available under this Act to implement the Science to

6 Achieve Results (STAR) program unless—

7 (1) the use of the funds would not reduce any

8 funding available to the laboratories of the Agency for

9 staffing, cooperative agreements, grants, or support

10 contracts; or

11 (2) the Appropriations committees of the Senate

12 and House of Representatives grant prior approval.

13 Transfers of funds to support STAR activities shall be

14 considered a reprogramming of funds. Further, said

15 approval shall be contingent upon submission of a re16 port to the Committees as specified in section (c)(2)

17 below.

18 (b) CONTRACTOR CONVERSION.—The Administrator of

19 the Environmental Protection Agency may not use any

20 funds to—

21 (1) hire employees and create any new staff posi22 tions under the contractor conversion program in the

23 Office of Research and Development.

24 (c) REPORT.—Not later than January 1, 1996, the Ad25 ministrator shall submit to the Appropriations Committees
106

HR 2099 EAS

1 of the Senate and House of Representatives a report

2 which—

3 (1) provides a staffing plan for the Office of Re4 search and Development indicating the use of Federal

5 and contract employees;

6 (2) identifies the amount of funds to be repro7 grammed to STAR activities; and

8 (3) provides a listing of any resource reductions

9 below fiscal year 1995 funding levels, by specific lab10 oratory, from Federal staffing, cooperative agree11 ments, grants, or support contracts as a result of

12 funding for the STAR program.

13 Ω93æPage 65, strike out all after line 17, down to and

14 including ‘‘by’’ in line 19 and insert:

15 For necessary expenses to continue functions assigned

16 to the Council on Environmental Quality and Office of En17 vironmental Quality pursuant to

18 Ω94æPage 65, strike out all after line 23, over to and in19 cluding line 2 on page 66

20 Ω95æPage 67, line 3, strike out ø$162,000,000¿ and in21 sert: $168,900,000

22 Ω96æPage 67, line 7, strike out ø$4,400,000¿ and insert:

23 $4,673,000
107

HR 2099 EAS

1 Ω97æPage 67, line 17, strike out all after ‘‘seq.),’’ down

2 to and including ‘‘seq.),’’ in line 19

3 Ω98æPage 67, line 25, strike out ø$100,000,000¿ and in4 sert: $114,173,000

5 Ω99æPage 68, line 20, strike out all after ‘‘Appropria6 tions’’ over to and including ‘‘Channel’’ in line 3 on page

7 69

8 Ω100æPage 70, line 11, strike out ø$2,502,000¿ and in9 sert: $2,602,000

10 Ω101æPage 70, strike out all after line 15, over to and

11 including line 7 on page 71

12 Ω102æPage 71, line 20, strike out ø$5,449,600,000¿ and

13 insert: $5,337,600,000

14 Ω103æPage 71, line 21, strike out all after ‘‘1997’’ over

15 to and including ‘‘1997’’ in line 2 on page 72

16 Ω104æPage 72, line 14, strike out ø$5,588,000,000¿ and

17 insert: $5,960,700,000

18 Ω105æPage 73, line 9, strike out ø$2,618,200,000¿ and

19 insert: $2,484,200,000

20 Ω106æPage 74, strike out all after line 17, over to and

21 including line 8 on page 75
108

HR 2099 EAS

1 Ω107æPage 76, line 6, after ‘‘facility’’ insert: : Provided

2 further, That each Federal agency with prior contact to the

3 site shall remain responsible for any and all environmental

4 remediation made necessary as a result of its activities on

5 the site

6 Ω108æPage 76, strike out all after line 14, over to and

7 including line 3 on page 77

8 Ω109æPage 77, after line 3 insert:

9 Of the funds made available by this Act under the

10 heading ‘‘Human Space Flight’’, $390,000,000 of funds

11 provided for Space Station shall not become available for

12 obligation until August 1, 1996 and shall remain available

13 for obligation until September 30, 1997.

14 Ω110æPage 77, line 21, strike out ø$2,254,000,000¿ and

15 insert: $2,294,000,000

16 Ω111æPage 81, after line 11 insert:

17 DEPARTMENT OF JUSTICE

18 FAIR HOUSING AND EQUAL OPPORTUNITY

19 FAIR HOUSING ACTIVITIES

20 For contracts, grants, and other assistance, not other21 wise provided for, as authorized by title VIII of the Civil

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

23 Amendments Act of 1988, and for contracts with qualified

24 fair housing enforcement organizations, as authorized by
109

HR 2099 EAS

1 section 561 of the Housing and Community Development

2 Act of 1987, as amended by the Housing and Community

3 Development Act of 1992, $30,000,000, to remain available

4 until September 30, 1997.

5 All functions, activities and responsibilities of the Sec6 retary of Housing and Urban Development relating to title

7 VIII of the Civil Rights Act of 1968, as amended by the

8 Fair Housing Amendments Act of 1988, and the Fair Hous9 ing Act, including any rights guaranteed under the Fair

10 Housing Act (including any functions relating to the Fair

11 Housing Initiatives program under section 561 of the Hous12 ing and Community Development Act of 1987), are hereby

13 transferred to the Attorney General of the United States ef14 fective April 1, 1997: Provided, That none of the aforemen15 tioned authority or responsibility for enforcement of the

16 Fair Housing Act shall be transferred to the Attorney Gen17 eral until adequate personnel and resources allocated to

18 such activity at the Department of Housing and Urban De19 velopment are transferred to the Department of Justice.

20 Ω112æPage 81, after line 11 insert:

21 DEPARTMENT OF THE TREASURY

22 OFFICE OF FEDERAL HOUSING ENTERPRISE OVERSIGHT

23 For carrying out the Federal Housing Enterprise Fi24 nancial Safety and Soundness Act of 1992, $14,895,000, to

25 remain available until expended, for the Federal Housing
110

HR 2099 EAS

1 Enterprise Oversight Fund: Provided, That such funds shall

2 be collected as authorized by sections 1316(a) and (b) of

3 such Act, and deposited in the Fund under section 1316(f)

4 of such Act: Provided further, That notwithstanding any

5 other provision of law, the Secretary of the Treasury shall

6 have all powers and rights of the Director and the Fund

7 shall be within the Department of the Treasury.

8 Ω113æPage 82, line 16, strike out øSECTION¿ and insert:

9 SEC.

10 Ω114æPage 89, strike out lines 6 through 14

11 Ω115æPage 89, after line 14 insert:

12 SEC. 520. Such funds as may be necessary to carry

13 out the orderly termination of the Office of Consumer Af14 fairs shall be made available from funds appropriated to

15 the Department of Health and Human Services for fiscal

16 year 1996.

17 Ω116æPage 89, after line 14 insert:

18 SEC. 521. Energy Savings at Federal Facilities.

19 (a) REDUCTION IN FACILITIES ENERGY COSTS.—

20 (1) IN GENERAL.—The head of each agency for

21 which funds are made available under this Act

22 shall—

23 (A) take all actions necessary to achieve

24 during fiscal year 1996 a 5 percent reduction,
111

HR 2099 EAS

1 from fiscal year 1995 levels, in the energy costs

2 of the facilities used by the agency; or

3 (B) enter into a sufficient number of energy

4 savings performance contracts with private sec5 tor energy service companies under title VIII of

6 the National Energy Conservation Policy Act (42

7 U.S.C. 8287 et seq.) to achieve during fiscal year

8 1996 at least a 5 percent reduction, from fiscal

9 year 1995 levels, in the energy use of the facili10 ties used by the agency.

11 (2) GOAL.—The activities described in para12 graph (1) should be a key component of agency pro13 grams that will by the year 2000 result in a 20 per14 cent reduction, from fiscal year 1985 levels, in the en15 ergy use of the facilities used by the agency, as re16 quired by section 543 of the National Energy Con17 servation Policy Act (42 U.S.C. 8253).

18 (b) USE OF COST SAVINGS.—An amount equal to the

19 amount of cost savings realized by an agency under sub20 section (a) shall remain available for obligation through the

21 end of fiscal year 2000, without further authorization or

22 appropriation, as follows:

23 (1) CONSERVATION MEASURES.—Fifty percent of

24 the amount shall remain available for the implemen25 tation of additional energy conservation measures
112

HR 2099 EAS

1 and for water conservation measures at such facilities

2 used by the agency as are designated by the head of

3 the agency.

4 (2) OTHER PURPOSES.—Fifty percent of the

5 amount shall remain available for use by the agency

6 for such purposes as are designated by the head of the

7 agency, consistent with applicable law.

8 (c) REPORTS.—

9 (1) BY AGENCY HEADS.—The head of each agen10 cy for which funds are made available under this Act

11 shall include in each report of the agency to the Sec12 retary of Energy under section 548(a) of the National

13 Energy Conservation Policy Act (42 U.S.C. 8258(a))

14 a description of the results of the activities carried out

15 under subsection (a) and recommendations concerning

16 how to further reduce energy costs and energy con17 sumption in the future.

18 (2) BY SECRETARY OF ENERGY.—The reports re19 quired under paragraph (1) shall be included in the

20 annual reports required to be submitted to Congress

21 by the Secretary of Energy under section 548(b) of the

22 Act (42 U.S.C. 8258(b)).

23 (3) CONTENTS.—With respect to the period since

24 the date of the preceding report, a report under para25 graph (1) or (2) shall—
113

HR 2099 EAS

1 (A) specify the total energy costs of the fa2 cilities used by the agency;

3 (B) identify the reductions achieved;

4 (C) specify the actions that resulted in the

5 reductions;

6 (D) with respect to the procurement proce7 dures of the agency, specify what actions have

8 been taken to—

9 (i) implement the procurement au10 thorities provided by subsections (a) and (c)

11 of section 546 of the National Energy Con12 servation Policy Act (42 U.S.C. 8256); and

13 (ii) incorporate directly, or by ref14 erence, the requirements of the regulations

15 issued by the Secretary of Energy under

16 title VIII of the Act (42 U.S.C. 8287 et

17 seq.); and

18 (E) specify—

19 (i) the actions taken by the agency to

20 achieve the goal specified in subsection

21 (a)(2);

22 (ii) the procurement procedures and

23 methods used by the agency under section

24 546(a)(2) of the Act (42 U.S.C. 8256(a)(2));

25 and
114

HR 2099 EAS

1 (iii) the number of energy savings per2 formance contracts entered into by the agen3 cy under title VIII of the Act (42 U.S.C.

4 8287 et seq.).

Attest:

Secretary.
104TH CONGRESS

1ST SESSION H. R. 2099

AMENDMENTS
HR 2099 EAS——10HR 2099 EAS——9HR 2099 EAS——8HR 2099 EAS——7HR 2099 EAS——6HR 2099 EAS——5HR 2099 EAS——4HR 2099 EAS——3HR 2099 EAS——2