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[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3666 Public Print (PP)]

104th CONGRESS
  2d Session
                                H. R. 3666

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           September 6, 1996

    Ordered to be printed with the amendments of the Senate numbered

_______________________________________________________________________

                                 AN ACT

 
   Making appropriations for the Departments of Veterans Affairs and 
  Housing and Urban Development, and for sundry independent agencies, 
  boards, commissions, corporations, and offices for the fiscal year 
           ending September 30, 1997, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That the following sums 
are appropriated, out of any money in the Treasury not otherwise 
appropriated, 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, 1997, and for other purposes, namely:

                                TITLE I

                     DEPARTMENT OF VETERANS AFFAIRS

                    Veterans Benefits Administration

                       compensation and pensions

                     (including transfers of funds)

    For the payment of compensation benefits to or on behalf of 
veterans as authorized by law (38 U.S.C. 107, chapters 11, 13, 51, 53, 
55, and 61); pension benefits to or on behalf of veterans as authorized 
by law (38 U.S.C. chapters 15, 51, 53, 55, and 61; 92 Stat. 2508); and 
burial benefits, emergency and other officers' retirement pay, 
adjusted-service credits and certificates, payment of premiums due on 
commercial life insurance policies guaranteed under the provisions of 
Article IV of the Soldiers' and Sailors' Civil Relief Act of 1940, as 
amended, and for other benefits as authorized by law (38 U.S.C. 107, 
1312, 1977, and 2106, chapters 23, 51, 53, 55, and 61; 50 U.S.C. App. 
540-548; 43 Stat. 122, 123; 45 Stat. 735; 76 Stat. 1198); 
(1)<DELETED>$18,497,854,000 </DELETED>$18,671,259,000, to remain 
available until expended: Provided, That not to exceed $26,417,000 of 
the amount appropriated shall be reimbursed to ``General operating 
expenses'' and ``Medical care'' for necessary expenses in implementing 
those provisions authorized in the Omnibus Budget Reconciliation Act of 
1990, and in the Veterans' Benefits Act of 1992 (38 U.S.C. chapters 51, 
53, and 55), the funding source for which is specifically provided as 
the ``Compensation and pensions'' appropriation: Provided further, That 
such sums as may be earned on an actual qualifying patient basis, shall 
be reimbursed to ``Medical facilities revolving fund'' to augment the 
funding of individual medical facilities for nursing home care provided 
to pensioners as authorized by the Veterans' Benefits Act of 1992 (38 
U.S.C. chapter 55).

                         readjustment benefits

    For the payment of readjustment and rehabilitation benefits to or 
on behalf of veterans as authorized by 38 U.S.C. chapters 21, 30, 31, 
34, 35, 36, 39, 51, 53, 55, and 61, (2)<DELETED>$1,227,000,000 
</DELETED>$1,377,000,000, to remain available until expended: Provided, 
That funds shall be available to pay any court order, court award or 
any compromise settlement arising from litigation involving the 
vocational training program authorized by section 18 of Public Law 98-
77, as amended.

                   veterans insurance and indemnities

    For military and naval insurance, national service life insurance, 
servicemen's indemnities, service-disabled veterans insurance, and 
veterans mortgage life insurance as authorized by 38 U.S.C. chapter 19; 
70 Stat. 887; 72 Stat. 487, $38,970,000, to remain available until 
expended.

                 guaranty and indemnity program account

                     (including transfer of funds)

    For the cost of direct and guaranteed loans, such sums as may be 
necessary to carry out the program, as authorized by 38 U.S.C. chapter 
37, as amended: Provided, That such costs, including the cost of 
modifying such loans, shall be as defined in section 502 of the 
Congressional Budget Act of 1974, as amended.
    In addition, for administrative expenses to carry out the direct 
and guaranteed loan programs, $105,226,000, which may be transferred to 
and merged with the appropriation for ``General operating expenses''.

                     loan guaranty program account

                     (including transfer of funds)

    For the cost of direct and guaranteed loans, such sums as may be 
necessary to carry out the program, as authorized by 38 U.S.C. chapter 
37, as amended: Provided, That such costs, including the cost of 
modifying such loans, shall be as defined in section 502 of the 
Congressional Budget Act of 1974, as amended.
    In addition, for administrative expenses to carry out the direct 
and guaranteed loan programs, $33,810,000, which may be transferred to 
and merged with the appropriation for ``General operating expenses''.

                      direct loan program account

                     (including transfer of funds)

    For the cost of direct loans, such sums as may be necessary to 
carry out the program, as authorized by 38 U.S.C. chapter 37, as 
amended: Provided, That such costs, including the cost of modifying 
such loans, shall be as defined in section 502 of the Congressional 
Budget Act of 1974, as amended: Provided further, That during 1997, 
within the resources available, not to exceed $300,000 in gross 
obligations for direct loans are authorized for specially adapted 
housing loans.
    In addition, for administrative expenses to carry out the direct 
loan program, $80,000, which may be transferred to and merged with the 
appropriation for ``General operating expenses''.

                  education loan fund program account

                     (including transfer of funds)

    For the cost of direct loans, $1,000, as authorized by 38 U.S.C. 
3698, as amended: Provided, That such costs, including the cost of 
modifying such loans, shall be as defined in section 502 of the 
Congressional Budget Act of 1974, as amended: Provided further, That 
these funds are available to subsidize gross obligations for the 
principal amount of direct loans not to exceed $3,000.
    In addition, for administrative expenses necessary to carry out the 
direct loan program, $195,000, which may be transferred to and merged 
with the appropriation for ``General operating expenses''.

            vocational rehabilitation loans program account

                     (including transfer of funds)

    For the cost of direct loans, $49,000, as authorized by 38 U.S.C. 
chapter 31, as amended: Provided, That such costs, including the cost 
of modifying such loans, shall be as defined in section 502 of the 
Congressional Budget Act of 1974, as amended: Provided further, That 
these funds are available to subsidize gross obligations for the 
principal amount of direct loans not to exceed (3)<DELETED>$1,964,000 
</DELETED>$2,822,000.
    In addition, for administrative expenses necessary to carry out the 
direct loan program, $377,000, which may be transferred to and merged 
with the appropriation for ``General operating expenses''.

          native american veteran housing loan program account

                     (including transfer of funds)

    For administrative expenses to carry out the direct loan program 
authorized by 38 U.S.C. chapter 37, subchapter V, as amended, $205,000, 
which may be transferred to and merged with the appropriation for 
``General operating expenses''.

                     Veterans Health Administration

                              medical care

    For necessary expenses for the maintenance and operation of 
hospitals, nursing homes, and domiciliary facilities; for furnishing, 
as authorized by law, inpatient and outpatient care and treatment to 
beneficiaries of the Department of Veterans Affairs, including care and 
treatment in facilities not under the jurisdiction of the Department; 
and furnishing recreational facilities, supplies, and equipment; 
funeral, burial, and other expenses incidental thereto for 
beneficiaries receiving care in the Department; administrative expenses 
in support of planning, design, project management, real property 
acquisition and disposition, construction and renovation of any 
facility under the jurisdiction or for the use of the Department; 
oversight, engineering and architectural activities not charged to 
project cost; repairing, altering, improving or providing facilities in 
the several hospitals and homes under the jurisdiction of the 
Department, not otherwise provided for, either by contract or by the 
hire of temporary employees and purchase of materials; uniforms or 
allowances therefor, as authorized by 5 U.S.C. 5901-5902; aid to State 
homes as authorized by 38 U.S.C. 1741; and not to exceed $8,000,000 to 
fund cost comparison studies as referred to in 38 U.S.C. 8110(a)(5); 
$17,008,447,000, plus reimbursements: Provided, That of the funds made 
available under this heading, (4)<DELETED>$570,000,000 
</DELETED>$596,000,000 is for the equipment and land and structures 
object classifications only, which amount shall not become available 
for obligation until August 1, 1997, and shall remain available until 
September 30, 1998.

                    medical and prosthetic research

    For necessary expenses in carrying out programs of medical and 
prosthetic research and development as authorized by 38 U.S.C. chapter 
73, to remain available until September 30, 1998, 
(5)<DELETED>$257,000,000 </DELETED>$262,000,000, plus reimbursements.

      medical administration and miscellaneous operating expenses

    For necessary expenses in the administration of medical, hospital, 
nursing home, domiciliary, construction, supply, and research 
activities, as authorized by law; administrative expenses in support of 
planning, design, project management, architectural, engineering, real 
property acquisition and disposition, construction and renovation of 
any facility under the jurisdiction or for the use of the Department of 
Veterans Affairs, including site acquisition; engineering and 
architectural activities not charged to project cost; and research and 
development in building construction technology; 
(6)<DELETED>$59,207,000 </DELETED>$62,207,000, plus reimbursements.

                   transitional housing loan program

                     (including transfer of funds)

    For the cost of direct loans, $7,000, as authorized by Public Law 
102-54, section 8, which shall be transferred from the ``General post 
fund'': Provided, That such costs, including the cost of modifying such 
loans, shall be as defined in section 502 of the Congressional Budget 
Act of 1974, as amended: Provided further, That these funds are 
available to subsidize gross obligations for the principal amount of 
direct loans not to exceed $70,000.
    In addition, for administrative expenses to carry out the direct 
loan program, $54,000, which shall be transferred from the ``General 
post fund'', as authorized by Public Law 102-54, section 8.

                      Departmental Administration

                       general operating expenses

    For necessary operating expenses of the Department of Veterans 
Affairs, not otherwise provided for, including uniforms or allowances 
therefor; not to exceed $25,000 for official reception and 
representation expenses; hire of passenger motor vehicles; and 
reimbursement of the General Services Administration for security guard 
services, and the Department of Defense for the cost of overseas 
employee mail; (7)<DELETED>$823,584,000 </DELETED>$813,730,000: 
Provided (8)<DELETED>further</DELETED>, That during fiscal year 1997, 
notwithstanding any other provision of law, the number of individuals 
employed by the Department of Veterans Affairs (1) in other than 
``career appointee'' positions in the Senior Executive Service shall 
not exceed 6, and (2) in schedule C positions shall not exceed 11: 
Provided further, That funds under this heading shall be available to 
administer the Service Members Occupational Conversion and Training 
Act.

                        national cemetery system

    For necessary expenses for the maintenance and operation of the 
National Cemetery System, not otherwise provided for, including 
uniforms or allowances therefor; cemeterial expenses as authorized by 
law; purchase of two passenger motor vehicles for use in cemeterial 
operations; and hire of passenger motor vehicles, $76,864,000.

                      office of inspector general

    For necessary expenses of the Office of Inspector General in 
carrying out the Inspector General Act of 1978, as amended, 
$30,900,000.

                      construction, major projects

    For constructing, altering, extending and improving any of the 
facilities under the jurisdiction or for the use of the Department of 
Veterans Affairs, or for any of the purposes set forth in sections 316, 
2404, 2406, 8102, 8103, 8106, 8108, 8109, 8110, and 8122 of title 38, 
United States Code, including planning, architectural and engineering 
services, maintenance or guarantee period services costs associated 
with equipment guarantees provided under the project, services of 
claims analysts, offsite utility and storm drainage system construction 
costs, and site acquisition, where the estimated cost of a project is 
$3,000,000 or more or where funds for a project were made available in 
a previous major project appropriation, (9)<DELETED>$245,358,000 
</DELETED>$178,250,000, to remain available until expended: Provided, 
That except for advance planning of projects funded through the advance 
planning fund and the design of projects funded through the design 
fund, none of these funds shall be used for any project which has not 
been considered and approved by the Congress in the budgetary process: 
Provided further, That funds provided in this appropriation for fiscal 
year 1997, for each approved project shall be obligated (1) by the 
awarding of a construction documents contract by September 30, 1997, 
and (2) by the awarding of a construction contract by September 30, 
1998: Provided further, That the Secretary shall promptly report in 
writing to the Comptroller General and to the Committees on 
Appropriations any approved major construction project in which 
obligations are not incurred within the time limitations established 
above; and the Comptroller General shall review the report in 
accordance with the procedures established by section 1015 of the 
Impoundment Control Act of 1974 (title X of Public Law 93-344): 
Provided further, That no funds from any other account except the 
``Parking revolving fund'', may be obligated for constructing, 
altering, extending, or improving a project which was approved in the 
budget process and funded in this account until one year after 
substantial completion and beneficial occupancy by the Department of 
Veterans Affairs of the project or any part thereof with respect to 
that part only.

                      construction, minor projects

    For constructing, altering, extending, and improving any of the 
facilities under the jurisdiction or for the use of the Department of 
Veterans Affairs, including planning, architectural and engineering 
services, maintenance or guarantee period services costs associated 
with equipment guarantees provided under the project, services of 
claims analysts, offsite utility and storm drainage system construction 
costs, and site acquisition, or for any of the purposes set forth in 
sections 316, 2404, 2406, 8102, 8103, 8106, 8108, 8109, 8110, and 8122 
of title 38, United States Code, where the estimated cost of a project 
is less than $3,000,000; (10)<DELETED>$160,000,000 
</DELETED>$190,000,000, to remain available until expended, along with 
unobligated balances of previous ``Construction, minor projects'' 
appropriations which are hereby made available for any project where 
the estimated cost is less than $3,000,000: Provided, That funds in 
this account shall be available for (1) repairs to any of the 
nonmedical facilities under the jurisdiction or for the use of the 
Department which are necessary because of loss or damage caused by any 
natural disaster or catastrophe, and (2) temporary measures necessary 
to prevent or to minimize further loss by such causes.

                         parking revolving fund

    For the parking revolving fund as authorized by 38 U.S.C. 8109, 
(11)<DELETED>$12,300,000, together with </DELETED>income from fees 
collected, to remain available until expended, which shall be available 
for all authorized expenses except operations and maintenance costs, 
which will be funded from ``Medical care''.

       grants for construction of state extended care facilities

    For grants to assist States to acquire or construct State nursing 
home and domiciliary facilities and to remodel, modify or alter 
existing hospital, nursing home and domiciliary facilities in State 
homes, for furnishing care to veterans as authorized by 38 U.S.C. 8131-
8137, $47,397,000, to remain available until expended.

        grants for the construction of state veterans cemeteries

    For grants to aid States in establishing, expanding, or improving 
State veteran cemeteries as authorized by 38 U.S.C. 2408, $1,000,000, 
to remain available until expended.

                             franchise fund

                     (including transfer of funds)

    There is hereby established in the Treasury a franchise fund pilot, 
as authorized by section 403 of Public Law 103-356, to be available as 
provided in such section for expenses and equipment necessary for the 
maintenance and operation of such administrative services as the 
Secretary determines may be performed more advantageously as central 
services: Provided, That any inventories, equipment and other assets 
pertaining to the services to be provided by the franchise fund, either 
on hand or on order, less the related liabilities or unpaid 
obligations, and any appropriations made hereafter for the purpose of 
providing capital, shall be used to capitalize the franchise fund: 
Provided further, That the franchise fund may be paid in advance from 
funds available to the Department and other Federal agencies for which 
such centralized services are performed, at rates which will return in 
full all expenses of operation, including accrued leave, depreciation 
of fund plant and equipment, amortization of automated data processing 
(ADP) software and systems (either acquired or donated), and an amount 
necessary to maintain a reasonable operating reserve, as determined by 
the Secretary: Provided further, That the franchise fund shall provide 
services on a competitive basis: Provided further, That an amount not 
to exceed four percent of the total annual income to such fund may be 
retained in the fund for fiscal year 1997 and each fiscal year 
thereafter, to remain available until expended, to be used for the 
acquisition of capital equipment and for the improvement and 
implementation of Departmental financial management, ADP, and other 
support systems: Provided further, That no later than thirty days after 
the end of each fiscal year amounts in excess of this reserve 
limitation shall be transferred to the Treasury: Provided further, That 
such franchise fund pilot shall terminate pursuant to section 403(f) of 
Public Law 103-356.

                       administrative provisions

                     (including transfer of funds)

    Sec. 101. Any appropriation for 1997 for ``Compensation and 
pensions'', ``Readjustment benefits'', and ``Veterans insurance and 
indemnities'' may be transferred to any other of the mentioned 
appropriations.
    Sec. 102. Appropriations available to the Department of Veterans 
Affairs for 1997 for salaries and expenses shall be available for 
services authorized by 5 U.S.C. 3109.
    Sec. 103. No appropriations in this Act for the Department of 
Veterans Affairs (except the appropriations for ``Construction, major 
projects'', ``Construction, minor projects'', and the ``Parking 
revolving fund'') shall be available for the purchase of any site for 
or toward the construction of any new hospital or home.
    Sec. 104. No appropriations in this Act for the Department of 
Veterans Affairs shall be available for hospitalization or examination 
of any persons (except beneficiaries entitled under the laws bestowing 
such benefits to veterans, and persons receiving such treatment under 5 
U.S.C. 7901-7904 or 42 U.S.C. 5141-5204), unless reimbursement of cost 
is made to the ``Medical care'' account at such rates as may be fixed 
by the Secretary of Veterans Affairs.
    Sec. 105. Appropriations available to the Department of Veterans 
Affairs for fiscal year 1997 for ``Compensation and pensions'', 
``Readjustment benefits'', and ``Veterans insurance and indemnities'' 
shall be available for payment of prior year accrued obligations 
required to be recorded by law against the corresponding prior year 
accounts within the last quarter of fiscal year 1996.
    Sec. 106. Appropriations accounts available to the Department of 
Veterans Affairs for fiscal year 1997 shall be available to pay prior 
year obligations of corresponding prior year appropriations accounts 
resulting from title X of the Competitive Equality Banking Act, Public 
Law 100-86, except that if such obligations are from trust fund 
accounts they shall be payable from ``Compensation and pensions''.
    Sec. 107. Notwithstanding any other provision of law, during fiscal 
year 1997, the Secretary of Veterans Affairs shall, from the National 
Service Life Insurance Fund (38 U.S.C. 1920), the Veterans' Special 
Life Insurance Fund (38 U.S.C. 1923), and the United States Government 
Life Insurance Fund (38 U.S.C. 1955), reimburse the ``General operating 
expenses'' account for the cost of administration of the insurance 
programs financed through those accounts: Provided, That reimbursement 
shall be made only from the surplus earnings accumulated in an 
insurance program in fiscal year 1997, that are available for dividends 
in that program after claims have been paid and actuarially determined 
reserves have been set aside: Provided further, That if the cost of 
administration of an insurance program exceeds the amount of surplus 
earnings accumulated in that program, reimbursement shall be made only 
to the extent of such surplus earnings: Provided further, That the 
Secretary shall determine the cost of administration for fiscal year 
1997, which is properly allocable to the provision of each insurance 
program and to the provision of any total disability income insurance 
included in such insurance program.
    (12)Sec. 108. (a) The Secretary of Veterans Affairs may convey, 
without consideration, to the City of Tuscaloosa, Alabama (in this 
section referred to as the ``City''), all right, title, and interest of 
the United States in and to a parcel of real property, including any 
improvements thereon, in the northwest quarter of section 28, township 
21 south, range 9 west, of Tuscaloosa County, Alabama, comprising a 
portion of the grounds of the Department of Veterans Affairs medical 
center, Tuscaloosa, Alabama, and consisting of approximately 9.42 
acres, more or less.
    (b) The conveyance under subsection (a) shall be subject to the 
condition that the City use the real property conveyed under that 
subsection in perpetuity solely for public park or recreational 
purposes.
    (c) The exact acreage and legal description of the real property to 
be conveyed pursuant to this section shall be determined by a survey 
satisfactory to the Secretary of Veterans Affairs. The cost of such 
survey shall be borne by the City.
    (d) The Secretary of Veterans Affairs may require such additional 
terms and conditions in connection with the conveyance under this 
section as the Secretary considers appropriate to protect the interests 
of the United States.

                                TITLE II

              DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

                            Housing Programs

         (13)<DELETED>annual contributions for assisted housing

               <DELETED>(including rescission)</DELETED>

<DELETED>    For assistance under the United States Housing Act of 
1937, as amended (the ``Act'' herein) (42 U.S.C. 1437), not otherwise 
provided for, $5,272,000,000 (reduced by $140,000,000), to remain 
available until expended: Provided, That of the total amount provided 
under this head, $4,472,000,000 shall be for assistance under the 
United States Housing Act of 1937 (42 U.S.C. 1437) for use in 
connection with expiring or terminating section 8 subsidy contracts of 
which $875,000,000 shall be available on September 15, 1997: Provided 
further, That the Secretary may determine not to apply section 
8(o)(6)(B) of the Act to housing vouchers during fiscal year 1997: 
Provided further, That of the total amount provided under this head, 
$800,000,000 (reduced by $140,000,000) shall be for amendments to 
section 8 contracts other than contracts for projects developed under 
section 202 of the Housing Act of 1959, as amended: Provided further, 
That 50 per centum of the amounts of budget authority, or in lieu 
thereof 50 per centum of the cash amounts associated with such budget 
authority, that are recaptured from projects described in section 
1012(a) of the Stewart B. McKinney Homeless Assistance Amendments Act 
of 1988 (Public Law 100-628, 102 Stat. 3224, 3268) shall be rescinded, 
or in the case of cash, shall be remitted to the Treasury, and such 
amounts of budget authority or cash recaptured and not rescinded or 
remitted to the Treasury shall be used by State housing finance 
agencies or local governments or local housing agencies with projects 
approved by the Secretary of Housing and Urban Development for which 
settlement occurred after January 1, 1992, in accordance with such 
section.</DELETED>

         <DELETED>housing for special populations: elderly and 
                           disabled</DELETED>

<DELETED>    For capital advances, including amendments to capital 
advance contracts, and for project rental assistance and amendments 
thereto, for Supportive Housing for the Elderly under section 202 of 
the Housing Act of 1959, as amended, $595,000,000 (increased by 
$100,000,000), to remain available until expended.</DELETED>
<DELETED>    For capital advances, including amendments to capital 
advance contracts, and for project rental assistance and amendments 
thereto, for Supportive Housing for Persons with Disabilities under 
section 811 of the Cranston-Gonzalez National Affordable Housing Act, 
$174,000,000 (increased by $40,000,000), to remain available until 
expended, of which 25 percent shall be used for tenant-based rental 
assistance under section 8(o) of the United States Housing Act of 1937 
(42 U.S.C. 1437(o)), in addition to any other amounts available for 
section 8(o).</DELETED>
<DELETED>    The Secretary may waive any provision of section 202 of 
the Housing Act of 1959 and section 811 of the Cranston-Gonzalez 
National Affordable Housing Act (including the provisions governing the 
terms and conditions of project rental assistance) that the Secretary 
determines is not necessary to achieve the objectives of these 
programs, or that otherwise impedes the ability to develop, operate or 
administer projects assisted under these programs, and may make 
provision for alternative conditions or terms where 
appropriate.</DELETED>

                <DELETED>flexible subsidy fund</DELETED>

            <DELETED>(including transfer of funds)</DELETED>

<DELETED>    From the fund established by section 236(g) of the 
National Housing Act, as amended, all uncommitted balances of excess 
rental charges as of September 30, 1996, and any collection during 
fiscal year 1997, shall be transferred, as authorized under such 
section, to the fund authorized under section 201(j) of the Housing and 
Community Development Amendments of 1978, as amended.</DELETED>

              <DELETED>rental housing assistance</DELETED>

                    <DELETED>(rescission)</DELETED>

<DELETED>    The limitation otherwise applicable to the maximum 
payments that may be required in any fiscal year by all contracts 
entered into under section 236 of the National Housing Act (12 U.S.C. 
1715z-1) is reduced in fiscal year 1997 by not more than $2,000,000 in 
uncommitted balances of authorizations provided for this purpose in 
appropriations Acts.</DELETED>

              <DELETED>Public and Indian Housing</DELETED>

              <DELETED>housing certificate fund</DELETED>

<DELETED>    For tenant-based assistance under section 8 of the United 
States Housing Act of 1937 (42 U.S.C. 1437f), as amended, $166,000,000, 
to remain available until expended: Provided, That of the total amount 
provided under this head, $50,000,000 shall be for nonelderly disabled 
families relocating pursuant to designation of a public housing 
development under section 7 of such Act: Provided further, That the 
remainder of the amount provided under this head shall be used only for 
housing assistance for relocating residents of properties (i) that are 
eligible for assistance under the Low Income Housing Preservation and 
Resident Homeownership Act of 1990 (LIHPRHA) or the Emergency Low-
Income Housing Preservation Act of 1987 (ELIHPA) in accordance with the 
terms and conditions of the tenth and eleventh provisos of the second 
undesignated paragraph under the head ``Annual Contributions for 
Assisted Housing'' in Public Law 104-134; (ii) that are owned by the 
Secretary and being disposed of; (iii) for which section 8 assistance 
is allocated under subsection (f) of section 204 of this Act (relating 
to portfolio reengineering); or (iv) subject to special workout 
assistance team intervention compliance actions: Provided further, That 
notwithstanding any other provision of law, a public housing agency 
administering certificate or voucher assistance provided under 
subsection (b) or (o) of section 8 of the United States Housing Act of 
1937, as amended, shall delay for 3 months, the use of any amounts of 
such assistance (or the certificate or voucher representing assistance 
amounts) made available by the termination during fiscal year 1997 of 
such assistance on behalf of any family for any reason, but not later 
than October 1, 1997, with the exception of any certificates assigned 
or committed to project-based assistance as permitted otherwise by the 
Act, accomplished prior to the effective date of this Act: Provided 
further, That section 8(c)(2)(A) of the United States Housing Act of 
1937, as amended (42 U.S.C. 1437f(c)(2)(A)) is further amended--
</DELETED>
        <DELETED>    (1) in the third sentence by inserting ``and 
        fiscal year 1997'' after ``1995''; and</DELETED>
        <DELETED>    (2) in the last sentence by inserting ``and fiscal 
        year 1997'' after ``1995''.</DELETED>

            <DELETED>public housing operating fund</DELETED>

<DELETED>    For payments to public housing agencies and Indian housing 
authorities for operating subsidies for low-income housing projects as 
authorized by section 9 of the United States Housing Act of 1937, as 
amended (42 U.S.C. 1437g), $2,850,000,000.</DELETED>

             <DELETED>public housing capital fund</DELETED>

           <DELETED>(including transfers of funds)</DELETED>

<DELETED>    For the Public Housing Capital Fund program under the 
United States Housing Act of 1937, as amended (42 U.S.C. 1437), 
$2,700,000,000, to remain available until expended, of which 
$2,415,000,000 shall be for modernization of existing public housing 
projects; $200,000,000 for Indian Housing Development; $50,000,000 for 
grants to public housing agencies (including Indian housing 
authorities), nonprofit corporations, and other appropriate entities 
for a supportive services program to assist residents of public and 
assisted housing, former residents of such housing receiving tenant-
based assistance under section 8 of such Act, and other low-income 
families and individuals, principally for the benefit of public housing 
residents, to become self-sufficient; $20,000,000 for technical 
assistance for the inspection of public housing units, contract 
expertise, and training and technical assistance directly or 
indirectly, under grants, contracts, or cooperative agreements, to 
assist in the oversight and management of public and Indian housing 
(whether or not the housing is being modernized with assistance under 
this proviso) or tenant-based assistance, including, but not limited 
to, an annual resident survey, data collection and analysis, training 
and technical assistance by or to officials and employees of the 
department and of public housing agencies and to residents in 
connection with the public and Indian housing program or for carrying 
out activities under section 6(j) of the Act; $10,000,000 for the 
Tenant Opportunity Program; and $5,000,000 for the Jobs-Plus 
Demonstration for Public Housing families: Provided, That all obligated 
and unobligated balances as of the end of fiscal year 1996 heretofore 
provided for the development or acquisition costs of public housing 
(including public housing for Indian families), for modernization of 
existing public housing projects (including such projects for Indian 
families), for public and Indian housing amendments, for modernization 
and development technical assistance, for lease adjustments for the 
section 23 program, and for the Family Investment Centers program shall 
be transferred to amounts made available under this heading.</DELETED>

  <DELETED>revitalization of severely distressed public housing (hope 
                             vii)</DELETED>

<DELETED>    For grants to public housing agencies for assisting in the 
demolition of obsolete public housing projects or portions thereof, the 
revitalization (where appropriate) of sites (including remaining public 
housing units) on which such projects are located, replacement housing 
which will avoid or lessen concentrations of very low-income families, 
and tenant-based assistance in accordance with section 8 of the United 
States Housing Act of 1937; and for providing replacement housing and 
assisting tenants to be displaced by the demolition, $550,000,000, to 
remain available until expended, of which the Secretary may use up to 
$2,500,000 for technical assistance, to be provided directly or 
indirectly by grants, contracts or cooperative agreements, including 
training and cost of necessary travel for participants in such 
training, by or to officials and employees of the Department and of 
public housing agencies and to residents: Provided, That, 
notwithstanding any other provision of law, the funds made available to 
the Housing Authority of New Orleans under HOPE VI for purposes of 
Desire Homes, shall not be obligated or expended for on-site 
construction until an independent third party has determined whether 
the site is appropriate.</DELETED>

   <DELETED>drug elimination grants for low-income housing</DELETED>

            <DELETED>(including transfer of funds)</DELETED>

<DELETED>    For grants to public and Indian housing agencies for use 
in eliminating crime in public housing projects authorized by 42 U.S.C. 
11901-11908, for grants for federally assisted low-income housing 
authorized by 42 U.S.C. 11909, and for drug information clearinghouse 
services authorized by 42 U.S.C. 11921-11925, $290,000,000, to remain 
available until expended, $10,000,000 of which shall be for grants, 
technical assistance, contracts and other assistance training, program 
assessment, and execution for or on behalf of public housing agencies 
and resident organizations (including the cost of necessary travel for 
participants in such training), $5,000,000 of which shall be used in 
connection with efforts to combat violent crime in public and assisted 
housing under the Operation Safe Home program administered by the 
Inspector General of the Department of Housing and Urban Development, 
and $5,000,000 of which shall be transferred to the Office of Inspector 
General for Operation Safe Home: Provided, That the term ``drug-related 
crime'', as defined in 42 U.S.C. 11905(2), shall also include other 
types of crime as determined by the Secretary.</DELETED>

          (14)development of additional new subsidized housing

    For assistance for the purchase, construction, acquisition, or 
development of additional public and subsidized housing units for low 
income families under the United States Housing Act of 1937, as amended 
(``the Act'' herein) (42 U.S.C. 1437), not otherwise provided for, 
$969,464,442, to remain available until expended: Provided, That of the 
total amount provided under this head, $595,000,000 shall be for 
capital advances, including amendments to capital advance contracts, 
for housing for the elderly, as authorized by section 202 of the 
Housing Act of 1959, as amended, and for project rental assistance, and 
amendments to contracts for project rental assistance, for supportive 
housing for the elderly under section 202(c)(2) of the Housing Act of 
1959; and $174,000,000 shall be for capital advances, including 
amendments to capital advance contracts, for supportive housing for 
persons with disabilities, as authorized by section 811 of the 
Cranston-Gonzalez National Affordable Housing Act; and for project 
rental assistance, and amendments to contracts for project rental 
assistance, for supportive housing for persons with disabilities as 
authorized by section 811 of the Cranston-Gonzalez National Affordable 
Housing Act: Provided further, That the Secretary may designate up to 
25 percent of the amounts earmarked under this paragraph for section 
811 of the Cranston-Gonzalez National Affordable Housing Act for 
tenant-based assistance, as authorized under that section, which 
assistance is five years in duration: Provided further, That the 
Secretary may waive any provision of section 202 of the Housing Act of 
1959 and section 811 of the National Affordable Housing Act (including 
the provisions governing the terms and conditions of project rental 
assistance and tenant-based assistance) that the Secretary determines 
is not necessary to achieve the objectives of these programs, or that 
otherwise impedes the ability to develop, operate or administer 
projects assisted under these programs, and may make provision for 
alternative conditions or terms where appropriate: Provided further, 
That of the total amount provided under this head, $200,000,000 shall 
be for the development or acquisition cost of public housing for Indian 
families, including amounts for housing under the mutual help 
homeownership opportunity program under section 202 of the Act (42 
U.S.C. 1437bb): Provided further, That of the total amount provided 
under this head, the Secretary shall provide $464,442 to the Utah 
Housing Finance Agency, in lieu of amounts lost to such agency in bond 
refinancings during 1994, for its use in accordance with the 
immediately preceding proviso.

                  prevention of resident displacement

    For activities and assistance to prevent the involuntary 
displacement of low-income families, the elderly and the disabled 
because of the loss of affordable housing stock, expiration of subsidy 
contracts or expiration of use restrictions, or other changes in 
housing assistance arrangements, $4,775,000,000, to remain available 
until expended: Provided, That of the total amount provided under this 
head, $3,800,000,000 shall be for assistance under the United States 
Housing Act of 1937 (42 U.S.C. 1437) for use in connection with 
expiring or terminating section 8 subsidy contracts: Provided further, 
That the Secretary may determine not to apply section 8(o)(6)(B) of the 
Act to housing vouchers during fiscal year 1997: Provided further, That 
of the total amount provided under this head, $800,000,000 shall be for 
amendments to section 8 contracts other than contracts for projects 
developed under section 202 of the Housing Act of 1959, as amended: 
Provided further, That of the total amount provided under this head, 
$175,000,000 shall be for assistance under the United States Housing 
Act of 1937 (42 U.S.C. 1437) for nonelderly disabled families 
relocating pursuant to designation of a public housing development 
under section 7 of such Act, for a demonstration linking housing 
assistance to State welfare reform initiatives to help families make 
the transition from welfare to work and for housing assistance for 
relocating residents of properties (i) that are owned by the Secretary 
and being disposed of; (ii) that are discontinuing section 8 project-
based assistance; or (iii) subject to special workout assistance team 
intervention compliance actions: Provided, That of the total amount 
made available under this head, $50,000,000 shall be made available to 
nonelderly disabled families affected by the designation of a public 
housing development under section 7 of such Act or the establishment of 
preferences in accordance with section 651 of the Housing and Community 
Development Act of 1992 (42 U.S.C. 13611).

                 preserving existing housing investment

    For operating, maintaining, revitalizing, rehabilitating, 
preserving, and protecting existing housing developments for low income 
families, the elderly and the disabled, $6,740,000,000, to remain 
available until expended: Provided, That of the total amount made 
available under this head, $2,900,000,000 shall be available for 
payments to public housing agencies and Indian housing authorities for 
operating subsidies for low-income housing projects as authorized by 
section 9 of the United States Housing Act of 1937, as amended (42 
U.S.C. 1437g): Provided further, That of the total amount made 
available under this head, $2,500,000,000 shall be available for 
modernization of existing public housing projects as authorized under 
section 14 of the United States Housing Act of 1937, as amended (42 
U.S.C. 1437l): Provided further, That of the total amount made 
available under this head, $550,000,000 shall be for grants to public 
housing agencies for assisting in the demolition of obsolete public 
housing projects or portions thereof, the revitalization (where 
appropriate) of sites (including remaining public housing units) on 
which such projects are located, replacement housing which will avoid 
or lessen concentrations of very low-income families, and tenant-based 
assistance in accordance with section 8 of the United States Housing 
Act of 1937; and for providing replacement housing and assisting 
tenants to be displaced by the demolition, of which the Secretary may 
use up to $2,500,000 for technical assistance, to be provided directly 
or indirectly by grants, contracts or cooperative agreements, including 
training and cost of necessary travel for participants in such 
training, by or to officials and employees of the Department and of 
public housing agencies and to residents: Provided further, That of the 
total amount provided under this head, $500,000,000 shall be available 
for use in conjunction with properties that are eligible for assistance 
under the Low Income Housing Preservation and Resident Homeownership 
Act of 1990 (LIHPRHA) or the Emergency Low-Income Housing Preservation 
Act of 1987 (ELIHPA): Provided further, That amounts recaptured from 
interest reduction payment contracts for section 236 projects whose 
owners prepay their mortgages during fiscal year 1997 shall be 
rescinded: Provided further, That the Secretary may continue to impose 
a moratorium on the acceptance of initial notices of intent by 
potential recipients of such funding: Provided further, That funding 
shall be limited to: (1) tenant-based assistance under the terms of the 
tenth and eleventh provisos of the second undesignated paragraph under 
the ``Annual Contributions for Assisted Housing'' head of the 
Departments of Veterans Affairs and Housing and Urban Development, and 
Independent Agencies Appropriations Act, 1996; (2) plans of action for 
sales of projects to nonprofit organizations, tenant-sponsored 
organizations and other priority purchasers; (3) projects that are 
subject to a repayment or settlement agreement that was executed 
between the owner and the Secretary prior to September 1, 1995; (4) 
projects for which submissions were delayed as a result of their 
location in areas that were designated as a Federal disaster area in a 
Presidential Disaster Declaration; and (5) projects whose processing 
was, in fact, or in practical effect, suspended, deferred, or 
interrupted for a period of nine months or more because of differing 
interpretations, by the Secretary and an owner concerning the timing of 
the ability of an uninsured section 236 property to prepay or by the 
Secretary and a State or local rent regulatory agency, concerning the 
effect of a presumptively applicable State or local rent control law or 
regulation on the determination of preservation value under section 213 
of LIHPRHA, as amended, if the owner of such project filed a notice of 
intent to extend the low-income affordability restrictions of the 
housing, or transfer to a qualified purchaser who would extend such 
restrictions, on or before November 1, 1993: Provided further, That 
priority shall be given to funding tenant-based assistance under the 
terms of the tenth and eleventh provisos of the second undesignated 
paragraph under the ``Annual Contributions for Assisted Housing'' head 
of the Departments of Veterans Affairs and Housing and Urban 
Development, and Independent Agencies Appropriations Act, 1996, and 
plans of action for sales of projects to nonprofit organizations, 
tenant-sponsored organizations, and other priority purchasers: Provided 
further, That the Secretary may give priority to funding approved plans 
of action for the following projects: (1) projects that are subject to 
a repayment or settlement agreement that was executed between the owner 
and the Secretary prior to September 1, 1995; (2) projects for which 
submissions were delayed as a result of their location in areas that 
were designated as a Federal disaster area in a Presidential Disaster 
Declaration; and (3) projects whose processing was, in fact, or in 
practical effect, suspended, deferred, or interrupted for a period of 
nine months or more because of differing interpretations, by the 
Secretary and an owner concerning the timing of the ability of an 
uninsured section 236 property to prepay or by the Secretary and a 
State or local rent regulatory agency, concerning the effect of a 
presumptively applicable State or local rent control law or regulation 
on the determination of preservation value under section 213 of 
LIHPRHA, as amended, if the owner of such project filed a notice of 
intent to extend the low-income affordability restrictions of the 
housing, or transfer to a qualified purchaser who would extend such 
restrictions, on or before November 1, 1993: Provided further, That 
section 241(f) of the National Housing Act is repealed and insurance 
under such section shall not be offered as an incentive under LIHPRHA 
and ELIHPA: Provided further, That a capital loan may be provided as an 
incentive under LIHPRHA or ELIHPA on such terms and conditions as the 
Secretary may prescribe: Provided further, That the following provisos 
under the second undesignated heading under the ``Annual Contributions 
for Assisted Housing'' head of the Departments of Veterans Affairs and 
Housing and Urban Development, and Independent Agencies Appropriations 
Act, 1996 shall continue in effect: the fourth proviso, the sixth 
proviso, the seventh proviso, the ninth proviso, the tenth proviso, the 
eleventh proviso, and the twelfth proviso: Provided further, That 
notwithstanding any other provision of law, effective October 1, 1997, 
the Secretary shall suspend further funding of plans of action: 
Provided further, That of the total amount provided under this head 
$290,000,000 shall be for grants to public and Indian housing agencies 
for use in eliminating crime in public housing projects authorized by 
42 U.S.C. 11901-11908, for grants for federally assisted low-income 
housing authorized by 42 U.S.C. 11909, and for drug information 
clearinghouse services authorized by 42 U.S.C. 11921-11925, of which 
$10,000,000 shall be for grants, technical assistance, contracts and 
other assistance training, program assessment, and execution for or on 
behalf of public housing agencies and resident organizations (including 
the cost of necessary travel for participants in such training), up to 
$5,000,000 of which may be used in connection with efforts to combat 
violent crime in public and assisted housing under the Operation Safe 
Home program administered by the Inspector General of the Department of 
Housing and Urban Development, and up to $5,000,000 of which may be 
provided to the Office of Inspector General for Operation Safe Home: 
Provided further, That the term ``drug-related crime'', as defined in 
42 U.S.C. 11905(2), shall also include other types of crime as 
determined by the Secretary: Provided further, That notwithstanding 
section 5130(c) of the Anti-Drug Abuse Act of 1988 (42 U.S.C. 
11909(c)), the Secretary may determine not to use any such funds to 
provide public housing youth sports grants.

           indian housing loan guarantee fund program account

    For the cost of guaranteed loans, as authorized by section 184 of 
the Housing and Community Development Act of 1992 (106 Stat. 3739), 
$3,000,000: Provided, That such costs, including the costs of modifying 
such loans, shall be as defined in section 502 of the Congressional 
Budget Act of 1974, as amended: Provided further, That these funds are 
available to subsidize total loan principal, any part of which is to be 
guaranteed, not to exceed $36,900,000.

                   Community Planning and Development

                community development block grants fund

                     (including transfer of funds)

    For grants to States and units of general local government and for 
related expenses, not otherwise provided for, to carry out a community 
development grants program as authorized by title I of the Housing and 
Community Development Act of 1974, as amended (the ``Act'' herein) (42 
U.S.C. 5301), $4,600,000,000, to remain available until September 30, 
1999, (15)<DELETED>of which $300,000,000 shall become available for 
obligation on September 30, 1997, and </DELETED>of which 
(16)<DELETED>$61,400,000 </DELETED>$68,500,000 shall be for grants to 
Indian tribes notwithstanding section 106(a)(1) of the Act: Provided, 
That $2,100,000 shall be available as a grant to the Housing Assistance 
Council, (17)<DELETED>$1,000,000 </DELETED>$1,500,000 shall be 
available as a grant to the National American Indian Housing Council, 
and $49,000,000 shall be available for grants pursuant to section 107 
of such Act, including up to $14,000,000 for the development and 
operation of a management information system: Provided further, That 
not to exceed 20 percent of any grant made with funds appropriated 
herein (other than a grant made available under the preceding proviso 
to the Housing Assistance Council or the National American Indian 
Housing Council, or a grant using funds under section 107(b)(3) of the 
Housing and Community Development Act of 1974, as amended) shall be 
expended for ``Planning and Management Development'' and 
``Administration'' as defined in regulations promulgated by the 
Department: Provided further, That for fiscal year 1997 and thereafter, 
section 105(a)(25) of such Act, shall continue to be effective and the 
termination and conforming provisions of section 907(b)(2) of the 
Cranston-Gonzalez National Affordable Housing Act shall not be 
effective: Provided further, That section 916(f) of the Cranston-
Gonzalez National Affordable Housing Act is repealed.
    (18)Of the amount provided under this heading, the Secretary of 
Housing and Urban Development may use up to $50,000,000 for grants to 
public housing agencies (including Indian housing authorities), 
nonprofit corporations, and other appropriate entities for a supportive 
services program to assist residents of public and assisted housing, 
former residents of such housing receiving tenant-based assistance 
under section 8 of such Act (42 U.S.C. 1437f), and other low-income 
families and individuals to become self-sufficient: Provided, That the 
program shall provide supportive services, principally for the benefit 
of public housing residents, to the elderly and the disabled, and to 
families with children where the head of household would benefit from 
the receipt of supportive services and is working, seeking work, or is 
preparing for work by participating in job training or educational 
programs: Provided further, That the supportive services shall include 
congregate services for the elderly and disabled, service coordinators, 
and coordinated educational, training, and other supportive services, 
including academic skills training, job search assistance, assistance 
related to retaining employment, vocational and entrepreneurship 
development and support programs, transportation, and child care: 
Provided further, That the Secretary shall require applications to 
demonstrate firm commitments of funding or services from other sources: 
Provided further, That the Secretary shall select public and Indian 
housing agencies to receive assistance under this head on a competitive 
basis, taking into account the quality of the proposed program 
(including any innovative approaches), the extent of the proposed 
coordination of supportive services, the extent of commitments of 
funding or services from other sources, the extent to which the 
proposed program includes reasonably achievable, quantifiable goals for 
measuring performance under the program over a three-year period, the 
extent of success an agency has had in carrying out other comparable 
initiatives, and other appropriate criteria established by the 
Secretary.
    (19)Of the amount made available under this heading, 
notwithstanding any other provision of law, $20,000,000 shall be 
available for grants to entities managing or operating public housing 
developments, federally-assisted multifamily-housing developments, or 
other multifamily-housing developments for low-income families 
supported by non-Federal governmental entities or similar housing 
developments supported by nonprofit private sources, to reimburse local 
law enforcement entities for additional police presence in and around 
such housing developments; to provide or augment such security services 
by other entities or employees of the recipient agency; to assist in 
the investigation and/or prosecution of drug related criminal activity 
in and around such developments; and to provide assistance for the 
development of capital improvements at such developments directly 
relating to the security of such developments: Provided, That such 
grants shall be made on a competitive basis as specified in section 102 
of the HUD Reform Act.
    Of the amount made available under this heading, notwithstanding 
any other provision of law, (20)<DELETED>$20,000,000 
</DELETED>$40,000,000 shall be available for youthbuild program 
activities authorized by subtitle D of title IV of the Cranston-
Gonzalez National Affordable Housing Act, as amended, and such 
activities shall be an eligible activity with respect to any funds made 
available under this heading.
    Of the amount made available under this heading, notwithstanding 
any other provision of law, $60,000,000 shall be available for the 
lead-based paint hazard reduction program as authorized under sections 
1011 and 1053 of the Residential Lead-Based Hazard Reduction Act of 
1992.
    For the cost of guaranteed loans, $31,750,000, as authorized by 
section 108 of the Housing and Community Development Act of 1974: 
Provided, That such costs, including the cost of modifying such loans, 
shall be as defined in section 502 of the Congressional Budget Act of 
1974, as amended: Provided further, That these funds are available to 
subsidize total loan principal, any part of which is to be guaranteed, 
not to exceed $1,500,000,000, notwithstanding any aggregate limitation 
on outstanding obligations guaranteed in section 108(k) of the Housing 
and Community Development Act of 1974. In addition, for administrative 
expenses to carry out the guaranteed loan program, $675,000 which shall 
be transferred to and merged with the appropriation for 
(21)departmental salaries and expenses.

                  home investment partnerships program

    For the HOME investment partnerships program, as authorized under 
title II of the Cranston-Gonzalez National Affordable Housing Act 
(Public Law 101-625), as amended, $1,400,000,000, to remain available 
until expended: Provided, That $21,000,000 shall be available for 
grants to Indian Tribes: Provided further, That up to 0.5 percent, but 
not less than $7,000,000, shall be available for the development and 
operation of a management information system: Provided further, That 
$15,000,000 shall be available for Housing Counseling under section 106 
of the Housing and Urban Development Act of 1968.

                       homeless assistance funds

    For the emergency shelter grants program (as authorized under 
subtitle B of title IV of the Stewart B. McKinney Homeless Assistance 
Act (Public Law 100-77), as amended); the supportive housing program 
(as authorized under subtitle C of title IV of such Act); the section 8 
moderate rehabilitation single room occupancy program (as authorized 
under the United States Housing Act of 1937, as amended) to assist 
homeless individuals pursuant to section 441 of the Stewart B. McKinney 
Homeless Assistance Act; and the shelter plus care program (as 
authorized under subtitle F of title IV of such Act), $823,000,000, to 
remain available until expended.

              housing opportunities for persons with aids

                     (including transfer of funds)

    For carrying out the Housing Opportunities for Persons with AIDS 
program, as authorized by the AIDS Housing Opportunity Act (42 U.S.C. 
12901), $171,000,000, to remain available until expended: Provided, 
That any amounts previously appropriated for such program, and any 
related assets and liabilities, in the ``Annual contributions for 
assisted housing'' account, shall be transferred to and merged with 
amounts in this account.

                     Federal Housing Administration

             fha--mutual mortgage insurance program account

                     (including transfers of funds)

    During fiscal year 1997, commitments to guarantee loans to carry 
out the purposes of section 203(b) of the National Housing Act, as 
amended, shall not exceed a loan principal of $110,000,000,000: 
Provided, That during fiscal year 1997, the Secretary shall sell 
assigned mortgage notes having an unpaid principal balance of up to 
$2,000,000,000, which notes were originally insured under section 
203(b) of the National Housing Act: Provided further, That the 
Secretary may use the amount of any negative subsidy resulting from the 
sale of such assigned mortgage notes during fiscal year 1997 for the 
purposes included under this heading.
    During fiscal year 1997, obligations to make direct loans to carry 
out the purposes of section 204(g) of the National Housing Act, as 
amended, shall not exceed $200,000,000: Provided, That the foregoing 
amount shall be for loans to nonprofit and governmental entities in 
connection with sales of single family real properties owned by the 
Secretary and formerly insured under section 203 of such Act.
    For administrative expenses necessary to carry out the guaranteed 
and direct loan program, (22)<DELETED>$341,595,000 
</DELETED>$350,595,000, to be derived from the FHA-mutual mortgage 
insurance guaranteed loans receipt account, of which not to exceed 
(23)<DELETED>$334,483,000 </DELETED>$343,483,000 shall be transferred 
to the appropriation for departmental salaries and expenses; and of 
which not to exceed $7,112,000 shall be transferred to the 
appropriation for the Office of Inspector General.

             fha--general and special risk program account

                     (including transfers of funds)

    For the cost of guaranteed loans, as authorized by sections 238 and 
519 of the National Housing Act (12 U.S.C. 1715z-3 and 1735c), 
including the cost of loan guarantee modifications (as that term is 
defined in section 502 of the Congressional Budget Act of 1974, as 
amended) $85,000,0000, to remain available until expended: Provided, 
That these funds are available to subsidize total loan principal, any 
part of which is to be guaranteed, of up to $17,400,000,000: Provided 
further, That during fiscal year 1997, the Secretary shall sell 
assigned notes having an unpaid principal balance of up to 
$2,500,000,000, which notes are held by the Secretary under the General 
Insurance and Special Risk Insurance funds: Provided further, That any 
amounts made available in any prior appropriations Act for the cost (as 
such term is defined in section 502 of the Congressional Budget Act of 
1974) of guaranteed loans that are obligations of the funds established 
under section 238 or 519 of the National Housing Act that have not been 
obligated or that are deobligated shall be available to the Secretary 
of Housing and Urban Development in connection with the making of such 
guarantees and shall remain available until expended, notwithstanding 
the expiration of any period of availability otherwise applicable to 
such amounts.
    Gross obligations for the principal amount of direct loans, as 
authorized by sections 204(g), 207(l), 238(a), and 519(a) of the 
National Housing Act, shall not exceed $120,000,000; of which not to 
exceed $100,000,000 shall be for bridge financing in connection with 
the sale of multifamily real properties owned by the Secretary and 
formerly insured under such Act; and of which not to exceed $20,000,000 
shall be for loans to nonprofit and governmental entities in connection 
with the sale of single-family real properties owned by the Secretary 
and formerly insured under such Act.
    In addition, for administrative expenses necessary to carry out the 
guaranteed and direct loan programs, (24)<DELETED>$202,470,000, of 
which $198,299,000 </DELETED>$207,470,000, of which $203,299,000 shall 
be transferred to the appropriation for (25)departmental salaries and 
expenses; and of which $4,171,000 shall be transferred to the 
appropriation for the Office of Inspector General.

                Government National Mortgage Association

guarantees of mortgage-backed securities loan guarantee program account

                     (including transfer of funds)

    During fiscal year 1997, new commitments to issue guarantees to 
carry out the purposes of section 306 of the National Housing Act, as 
amended (12 U.S.C. 1721(g)), shall not exceed $110,000,000,000.
    For administrative expenses necessary to carry out the guaranteed 
mortgage-backed securities program, (26)<DELETED>$9,101,000 
</DELETED>$9,383,000, to be derived from the GNMA-guarantees of 
mortgage-backed securities guaranteed loan receipt account, of which 
not to exceed (27)<DELETED>$9,101,000 </DELETED>$9,383,000 shall be 
transferred to the appropriation for (28)departmental salaries and 
expenses.

                    Policy Development and Research

                        research and technology

    For contracts, grants, and necessary expenses of programs of 
research and studies relating to housing and urban problems, not 
otherwise provided for, as authorized by title V of the Housing and 
Urban Development Act of 1970, as amended (12 U.S.C. 1701z-1 et seq.), 
including carrying out the functions of the Secretary under section 
1(a)(1)(i) of Reorganization Plan No. 2 of 1968, $34,000,000, to remain 
available until September 30, 1998.

                   Fair Housing and Equal Opportunity

                        fair housing activities

    For contracts, grants, and other assistance, not otherwise provided 
for, as authorized by title VIII of the Civil Rights Act of 1968, as 
amended by the Fair Housing Amendments Act of 1988, and for contracts 
with qualified fair housing enforcement organizations, as authorized by 
section 561 of the Housing and Community Development Act of 1987, as 
amended, $30,000,000, to remain available until September 30, 1998, of 
which $15,000,000 shall be to carry out activities pursuant to section 
561.

                     Management and Administration

                         salaries and expenses

                     (including transfer of funds)

    For necessary administrative and non-administrative expenses of the 
Department of Housing and Urban Development, not otherwise provided 
for, including not to exceed $7,000 for official reception and 
representation expenses, (29)<DELETED>$962,558,000 (reduced by 
$1,411,000) (reduced by $42,000,000) </DELETED>$976,840,000, of which 
(30)<DELETED>$532,782,000 </DELETED>$546,782,000 shall be provided from 
the various funds of the Federal Housing Administration, 
(31)<DELETED>$9,101,000 </DELETED>$9,383,000 shall be provided from 
funds of the Government National Mortgage Association, and $675,000 
shall be provided from the Community Development Grants Program 
account.

                      office of inspector general

                     (including transfer of funds)

    For necessary expenses of the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, as 
amended, $52,850,000, of which $11,283,000 shall be provided from the 
various funds of the Federal Housing Administration and $5,000,000 
shall be (32)<DELETED>provided </DELETED>transferred from the amount 
earmarked for Operation Safe Home in the Drug elimination grants for 
low income housing account.

             Office of Federal Housing Enterprise Oversight

                         salaries and expenses

                     (including transfer of funds)

    For carrying out the Federal Housing Enterprise Financial Safety 
and Soundness Act of 1992, (33)<DELETED>$14,895,000 
</DELETED>$15,751,000, to remain available until expended, from the 
Federal Housing Enterprise Oversight Fund: Provided, That such amounts 
shall be collected by the Director as authorized by section 1316(a) and 
(b) of such Act, and deposited in the Fund under section 1316(f) of 
such Act.

                       administrative provisions

    (34)<DELETED>Sec. 201. Minimum Rents.--Notwithstanding section 3(a) 
and 8(o)(2) of the United States Housing Act of 1937, as amended, for 
fiscal year 1997--
        <DELETED>    (1) public housing agencies shall require each 
        family who is assisted under the certificate or moderate 
        rehabilitation program under section 8 of such Act to pay a 
        minimum monthly rent of up to $25;</DELETED>
        <DELETED>    (2) public housing agencies shall reduce the 
        monthly assistance payment on behalf of each family who is 
        assisted under the voucher program under section 8 of such Act 
        so that the family pays a minimum monthly rent of up to 
        $25;</DELETED>
        <DELETED>    (3) with respect to housing assisted under other 
        programs for rental assistance under section 8 of such Act, the 
        Secretary shall require each family who is assisted under such 
        program to pay a minimum monthly rent of up to $25; 
        and</DELETED>
        <DELETED>    (4) public housing agencies shall require each 
        family who is assisted under the public housing program 
        (including public housing for Indian families) to pay a minimum 
        monthly rent of up to $25.</DELETED>
    Sec. 201. Extenders.--(a) Public Housing Funding Flexibility.--
Section 201(a)(2) of the Departments of Veterans Affairs and Housing 
and Urban Development, and Independent Agencies Appropriations Act, 
1996 is amended by striking ``1996'' and inserting ``1997''.
    (b) One-for-One Replacement of Public and Indian Housing.--Section 
1002(d) of Public Law 104-19 is amended by striking ``before September 
30, 1996'' and inserting ``on or before September 30, 1997''.
    (c) Public and Assisted Housing Rents, Income Adjustments, and 
Preferences.--(1) Section 402(a) of the Balanced Budget Downpayment 
Act, I is amended by inserting after ``1995'' the following: ``, and 
effective for fiscal year 1997''.
    (2) Section 402(f) of such Act is amended by striking ``fiscal year 
1996'' and inserting ``fiscal years 1996 and 1997''.
    (3) The second sentence of section 230 of the Departments of 
Veterans Affairs and Housing and Urban Development, and Independent 
Agencies Appropriations Act, 1996 is amended by inserting before the 
period the following: ``during the entire time the family receives 
assistance under the United States Housing Act of 1937''.
    (d) Applicability to IHAS.--In accordance with section 201(b)(2) of 
the United States Housing Act of 1937, the amendments made by 
subsections (a), (b), and (c) shall apply to public housing developed 
or operated pursuant to a contract between the Secretary of Housing and 
Urban Development and an Indian housing authority.
    (e) Streamlining Section 8 Tenant-Based Assistance.--Section 203(d) 
of the Departments of Veterans Affairs and Housing and Urban 
Development, and Independent Agencies Appropriations Act, 1996 is 
amended by striking ``fiscal year 1996'' and inserting ``fiscal years 
1996 and 1997''.
    (f) Section 8 Fair Market Rentals and Delay in Reissuance.--(1) The 
first sentence of section 403(a) of the Balanced Budget Downpayment 
Act, I, is amended by striking ``1996'' and inserting ``1997''.
    (2) Section 403(c) of such Act is amended--
            (A) by striking ``fiscal year 1996'' and inserting ``fiscal 
        years 1996 and 1997''; and
            (B) by inserting before the semicolon the following: ``for 
        assistance made available during fiscal year 1996 and October 
        1, 1997 for assistance made available during fiscal year 
        1997''.
    (g) Section 8 Rent Adjustments.--Section 8(c)(2)(A) of the United 
States Housing Act of 1937 is amended--
            (1) in the third sentence by inserting ``, fiscal year 1996 
        prior to April 26, 1996, and fiscal year 1997'' after ``1995'';
            (2) in the fourth sentence, by striking ``For'' and 
        inserting ``Except for assistance under the certificate 
        program, for'';
            (3) after the fourth sentence, by inserting the following 
        new sentence: ``In the case of assistance under the certificate 
        program, 0.01 shall be subtracted from the amount of the annual 
        adjustment factor (except that the factor shall not be reduced 
        to less than 1.0), and the adjusted rent shall not exceed the 
        rent for a comparable unassisted unit of similar quality, type, 
        and age in the market area.''; and
            (4) in the last sentence, by--
                    (A) striking ``sentence'' and inserting ``two 
                sentences''; and
                    (B) inserting ``, fiscal year 1996 prior to April 
                26, 1996, and fiscal year 1997'' after ``1995''.
    Sec. 202. Administrative Fees.--Notwithstanding section 8(q) of the 
United States Housing Act of 1937, as amended--
    (a) The Secretary shall establish fees for the cost of 
administering the certificate, voucher and moderate rehabilitation 
programs.
            (1)(A) For fiscal year 1997, the fee for each month for 
        which a dwelling unit is covered by an assistance contract 
        shall be 7.5 percent of the base amount, adjusted as provided 
        herein, in the case of an agency that, on an annual basis, is 
        administering a program of no more than 600 units, and 7 
        percent of the base amount, adjusted as provided herein, for 
        each additional unit above 600.
            (B) The base amount shall be the higher of--
                    (i) the fair market rental for fiscal year 1993 for 
                a 2-bedroom existing rental dwelling unit in the market 
                area of the agency; and
                    (ii) such fair market rental for fiscal year 1994, 
                but not more than 103.5 percent of the amount 
                determined under clause (i).
            (C) The base amount shall be adjusted to reflect changes in 
        the wage data or other objectively measurable data that reflect 
        the costs of administering the program during fiscal year 1996; 
        except that the Secretary may require that the base amount be 
        not less than a minimum amount and not more than a maximum 
        amount.
            (2) For subsequent fiscal years, the Secretary shall 
        publish a notice in the Federal Register, for each geographic 
        area, establishing the amount of the fee that would apply for 
        the agencies administering the program, based on changes in 
        wage data or other objectively measurable data that reflect the 
        cost of administering the program, as determined by the 
        Secretary.
            (3) The Secretary may increase the fee if necessary to 
        reflect higher costs of administering small programs and 
        programs operating over large geographic areas.
            (4) The Secretary may decrease the fee for PHA-owned units.
    (b) Beginning in fiscal year 1997 and thereafter, the Secretary 
shall also establish reasonable fees (as determined by the Secretary) 
for--
            (1) the costs of preliminary expenses, in the amount of 
        $500, for a public housing agency, but only in the first year 
        it administers a tenant-based assistance program under the 
        United States Housing Act of 1937 and only if, immediately 
        before the effective date of this Act, it was not administering 
        a tenant-based assistance program under the 1937 Act (as in 
        effect immediately before the effective date of this Act), in 
        connection with its initial increment of assistance received;
            (2) the costs incurred in assisting families who experience 
        difficulty (as determined by the Secretary) in obtaining 
        appropriate housing under the program; and
            (3) extraordinary costs approved by the Secretary.
    Sec. 203. Single Family Assignment Program.--Section 407(c) of the 
Balanced Budget Downpayment Act, I (12 U.S.C. 1710 note), is amended by 
striking ``October 1, 1996'' and inserting ``October 1, 1997''.
    Sec. 204. Flexible Authority.--During fiscal year 1997 and fiscal 
years thereafter, the Secretary may manage and dispose of multifamily 
properties owned by the Secretary and multifamily mortgages held by the 
Secretary on such terms and conditions as the Secretary may determine, 
notwithstanding any other provision of law.
    (35)Sec. 205. Use of Available Funding for Homeownership.--Up to 
$20,000,000 of amounts of unobligated balances that are or become 
available from the Nehemiah Housing Opportunity Grant program, repealed 
under section 289(b) of the Cranston-Gonzalez National Affordable 
Housing Act, Public Law 101-625, shall be available for use for 
activities relating to promotion and implementation of homeownership in 
targeted geographic areas, as determined by the Secretary.
    (36)Sec. 206. Debt Forgiveness.--The Secretary of Housing and Urban 
Development shall cancel the indebtedness of the Greene County Rural 
Health Center relating to a loan received under the Public Facility 
Loan program to establish the health center (Loan #Mis-22-PFL0096). The 
Greene County Rural Health Center is hereby relieved of all liability 
to the Federal Government for such loan and any fees and charges 
payable in connection with such loan.
    (37)Sec. 207. Flexible Subsidy Fund.--From the fund established by 
section 236(g) of the National Housing Act, as amended, all uncommitted 
balances of excess rental charges as of September 30, 1996, and any 
collection during fiscal year 1997, shall be transferred, as authorized 
under such section, to the fund authorized under section 201(j) of the 
Housing and Community Development Amendments of 1978, as amended.
    (38)Sec. 208. Rental Housing Assistance.--The limitation otherwise 
applicable to the maximum payments that may be required in any fiscal 
year by all contracts entered into under section 236 of the National 
Housing Act (12 U.S.C. 1715z-1) is reduced in fiscal year 1997 by not 
more than $2,000,000 in uncommitted balances of authorizations provided 
for this purpose in appropriations Acts.
    (39)Sec. 209. D.C. Modernization Funding.--Notwithstanding the 
provisions of section 14(k)(5)(D) of the United States Housing Act of 
1937, the withheld modernization funds that became credited in fiscal 
years 1993, 1994 and 1995, due to the troubled status of the former 
Department of Public and Assisted Housing of the District of Columbia, 
shall be made available without diminution to its successor, the 
District of Columbia Housing Authority, at such time between the 
effective date of this Act and the end of fiscal year 1998 as the 
District of Columbia Housing Authority is no longer deemed ``mod-
troubled'' under section 6(j)(2)(A)(i) of such Act; after fiscal year 
1998, the District of Columbia Housing Authority shall become subject 
to the provisions of section 14(k)(5)(D) of such Act should it remain 
mod-troubled.
    (40)Sec. 210. Financing Adjustment Factors.--Fifty per centum of 
the amounts of budget authority, or in lieu thereof 50 per centum of 
the cash amounts associated with such budget authority, that are 
recaptured from projects described in section 1012(a) of the Stewart B. 
McKinney Homeless Assistance Amendments Act of 1988 (Public Law 100-
628, 102 Stat. 3224, 3268) shall be rescinded, or in the case of cash, 
shall be remitted to the Treasury, and such amounts of budget authority 
or cash recaptured and not rescinded or remitted to the Treasury shall 
be used by State housing finance agencies or local governments or local 
housing agencies with projects approved by the Secretary of Housing and 
Urban Development for which settlement occurred after January 1, 1992, 
in accordance with such section.

(41)SEC. 211. SECTION 8 CONTRACT RENEWAL AUTHORITY.

    (a) Definitions.--For purposes of this section--
            (1) the term ``expiring contract'' means a contract for 
        project-based assistance under section 8 of the United States 
        Housing Act of 1937 that expires during fiscal year 1997;
            (2) the term ``family'' has the same meaning as in section 
        3(b) of the United States Housing Act of 1937;
            (3) the term ``multifamily housing project'' means a 
        property consisting of more than 4 dwelling units that is 
        covered in whole or in part by a contract for project-based 
        assistance under section 8 of the United States Housing Act of 
        1937;
            (4) the term ``owner'' has the same meaning as in section 
        8(f) of the United States Housing Act of 1937;
            (5) the term ``project-based assistance'' means rental 
        assistance under section 8 of the United States Housing Act of 
        1937 that is attached to a multifamily housing project;
            (6) the term ``public agency'' means a State housing 
        finance agency, a local housing agency, or other agency with a 
        public purpose and status;
            (7) the term ``Secretary'' means the Secretary of Housing 
        and Urban Development; and
            (8) the term ``tenant-based assistance'' has the same 
        meaning as in section 8(f) of the United States Housing Act of 
        1937.
    (b) Section 8 Contract Renewal Authority.--
            (1) In general.--Notwithstanding section 405(a) of the 
        Balanced Budget Downpayment Act, I, upon the request of the 
        owner of a multifamily housing project that is covered by an 
        expiring contract, the Secretary shall use amounts made 
        available for the renewal of assistance under section 8 of the 
        United States Housing Act of 1937 to renew the expiring 
        contract as project-based assistance for a period of not more 
        than 1 year, at rent levels that are equal to those under the 
        expiring contract as of the date on which the contract expires, 
        only if those rent levels do not exceed 120 percent of fair 
        market rent for the market area in which the project is 
        located.
            (2) Exemption for state and local housing agency 
        projects.--Notwithstanding paragraph (1), upon the expiration 
        of an expiring contract with rent levels that exceed the 
        percentage described in that paragraph, if the Secretary 
        determines that the primary financing or mortgage insurance for 
        the multifamily housing project that is covered by that 
        expiring contract was provided by a public agency, the 
        Secretary shall, upon the request of the public agency, renew 
        the expiring contract--
                    (A) for a period of not more than 1 year; and
                    (B) at rent levels that are equal to those under 
                the expiring contract as of the date on which the 
                contract expires.
            (3) Ineligible contracts.--
                    (A) Participation in demonstration.--For contracts 
                covering a multifamily housing project that expire 
                during fiscal year 1997 with rent levels that exceed 
                the percentage described in paragraph (1), the 
                Secretary shall, at the request of the owner of the 
                project, include that multifamily housing project in 
                the demonstration program under section 212 of this 
                Act. The Secretary shall ensure, to the maximum extent 
                practicable, that a project in the demonstration is 
                maintained as affordable for low-income families for 
                the maximum feasible period of time.
                    (B) Effect of material adverse actions or 
                omissions.--Notwithstanding paragraph (1) or any other 
                provision of law, the Secretary shall not renew an 
                expiring contract if the Secretary determines that the 
                owner of the multifamily housing project has engaged in 
                material adverse financial or managerial actions or 
                omissions with regard to the project (or with regard to 
                other similar projects if the Secretary determines that 
                such actions or omissions constitute a pattern of 
                mismanagement that would warrant suspension or 
                debarment by the Secretary).
                    (C) Transfer of property.--For properties 
                disqualified from the demonstration program because of 
                actions by an owner or purchaser in accordance with 
                subparagraph (B), the Secretary shall establish 
                procedures to facilitate the voluntary sale or transfer 
                of the property, with a preference for tenant 
                organizations and tenant-endorsed community-based 
                nonprofit and public agency purchasers meeting such 
                reasonable qualifications as may be established by the 
                Secretary.
            (4) Tenant protections.--To the extent provided in advance 
        in an appropriations Act, any family residing in an assisted 
        unit in a multifamily housing project that is covered by an 
        expiring contract that is not renewed, shall be offered tenant-
        based assistance before the date on which the contract expires 
        or is not renewed.

SEC. 212. FHA MULTIFAMILY DEMONSTRATION AUTHORITY.

    (a) In General.--
            (1) Repeal.--
                    (A) In general.--Section 210 of the Departments of 
                Veterans Affairs and Housing and Urban Development and 
                Independent Agencies Appropriations Act, 1996 (110 
                Stat. 1321) is repealed.
                    (B) Exception.--Notwithstanding the repeal under 
                subparagraph (A), amounts made available under section 
                210(f) the Departments of Veterans Affairs and Housing 
                and Urban Development and Independent Agencies 
                Appropriations Act, 1996 shall remain available for the 
                demonstration program under this section through the 
                end of fiscal year 1997.
            (2) Savings provisions.--Nothing in this section shall be 
        construed to affect any commitment entered into before the date 
        of enactment of this Act under the demonstration program under 
        section 210 of the Departments of Veterans Affairs and Housing 
        and Urban Development and Independent Agencies Appropriations 
        Act, 1996.
            (3) Definitions.--For purposes of this section--
                    (A) the term ``affordable'' means, with respect to 
                a dwelling unit, a unit for which the rents are 
                restricted to the rent levels established under a 
                mortgage restructuring;
                    (B) the term ``demonstration program'' means the 
                program established under subsection (b);
                    (C) the term ``designee'' means a third-party 
                public agency that enters into an arrangement with the 
                Secretary under subsection (b)(3);
                    (D) the term ``expiring contract'' means a contract 
                for project-based assistance under section 8 of the 
                United States Housing Act of 1937 that expires during 
                fiscal year 1997;
                    (E) the term ``family'' has the same meaning as in 
                section 3(b) of the United States Housing Act of 1937;
                    (F) the term ``multifamily housing project'' means 
                a property consisting of more than 4 dwelling units 
                that is covered in whole or in part by a contract for 
                project-based assistance;
                    (G) the term ``owner'' has the same meaning as in 
                section 8(f) of the United States Housing Act of 1937;
                    (H) the term ``project-based assistance'' means 
                rental assistance under section 8 of the United States 
                Housing Act of 1937 that is attached to a multifamily 
                housing project;
                    (I) the term ``Secretary'' means the Secretary of 
                Housing and Urban Development; and
                    (J) the term ``tenant-based assistance'' has the 
                same meaning as in section 8(f) of the United States 
                Housing Act of 1937.
    (b) Demonstration Authority.--
            (1) In general.--The Secretary shall administer a 
        demonstration program with respect to multifamily projects--
                    (A) whose owners agree to participate;
                    (B) with rents on units assisted under section 8 of 
                the United States Housing Act of 1937 that are, in the 
                aggregate, in excess of 120 percent of the fair market 
                rent of the market area in which the project is 
                located; and
                    (C) the mortgages of which are insured under the 
                National Housing Act.
            (2) Purpose.--The demonstration program shall be designed 
        to test the feasibility and desirability of--
                    (A) ensuring, to the maximum extent practicable, 
                that the debt service and operating expenses, including 
                adequate reserves, attributable to such multifamily 
                projects can be supported at the comparable market rent 
                with or without mortgage insurance under the National 
                Housing Act and with or without additional subsidies;
                    (B) utilizing project-based assistance, while 
                taking into account the capital needs of the projects 
                and the need for assistance to low- and very low-income 
                families in such projects; and
                    (C) preserving low-income rental housing 
                affordability and availability while reducing the long-
                term cost of project-based assistance.
            (3) Designees.--In carrying out the demonstration program, 
        the Secretary may enter into arrangements with one or more 
        third-party public entities, under which the Secretary may 
        provide for the assumption by the designee (by delegation, by 
        contract, or otherwise) of some or all of the functions, 
        obligations, and benefits of the Secretary.
    (c) Goals.--
            (1) In general.--The Secretary shall carry out the 
        demonstration program in a manner that will protect the 
        financial interests of the Federal Government through debt 
        restructuring and subsidy reduction and, in the least costly 
        fashion, address the goals of--
                    (A) maintaining existing affordable housing stock 
                in a decent, safe, and sanitary condition;
                    (B) minimizing the involuntary displacement of 
                tenants;
                    (C) taking into account housing market conditions;
                    (D) encouraging responsible ownership and 
                management of property;
                    (E) minimizing any adverse income tax impact on 
                property owners; and
                    (F) minimizing any adverse impacts on residential 
                neighborhoods and local communities.
            (2) Balance of competing goals.--In determining the manner 
        in which a mortgage is to be restructured or a subsidy reduced 
        under this subsection, the Secretary may balance competing 
        goals relating to individual projects in a manner that will 
        further the purposes of this section.
    (d) Joint Venture Arrangements.--
            (1) In general.--In carrying out the demonstration program, 
        the Secretary may enter into joint venture arrangements with 
        designees, under which the Secretary may provide for the 
        assumption by the third parties (by delegation, by contract, or 
        otherwise) of some or all of the functions, obligations, and 
        benefits of the Secretary.
            (2) Preference.--In entering into any arrangement under 
        this subsection, the Secretary shall give preference to State 
        housing finance agencies and local housing agencies to act as 
        designees to the extent such agencies are determined to be 
        qualified by the Secretary.
            (3) Public agencies.--Each joint venture arrangement 
        entered into under this subsection shall include a public 
        agency as the primary partner.
            (4) Designee partnerships.--For purposes of any joint 
        venture arrangement under this subsection, designees are 
        encouraged to develop partnerships with each other, and to 
        contract or subcontract with other entities, including--
                    (A) public housing agencies;
                    (B) financial institutions;
                    (C) mortgage servicers;
                    (D) nonprofit and for-profit housing organizations;
                    (E) the Federal National Mortgage Association;
                    (F) the Federal Home Loan Mortgage Corporation;
                    (G) Federal Home Loan Banks; and
                    (H) other State or local mortgage insurance 
                companies or bank lending consortia.
    (e) Long-Term Affordability.--After the renewal of a section 8 
contract pursuant to a restructuring under this section, the owner 
shall accept each offer to renew the section 8 contract, for a period 
of 20 years from the date of the renewal under the demonstration, if 
the offer to renew is on terms and conditions, as agreed to by the 
Secretary or designee and the owner under a restructuring.
    (f) Procedures.--
            (1) Notice of participation in demonstration.--Not later 
        than 45 days before the date of expiration of an expiring 
        contract (or such later date, as determined by the Secretary, 
        for good cause), the owner of the multifamily housing project 
        covered by that expiring contract shall notify the Secretary or 
        designee of the owner's intent to participate in the 
        demonstration program.
            (2) Demonstration contract.--Upon receipt of a notice under 
        paragraph (1), the owner and the Secretary or designee shall 
        enter into a demonstration contract, which shall provide for 
        initial section 8 project-based rents at the same rent levels 
        as those under the expiring contract or, if practical, the 
        budget-based rent to cover debt service, reasonable operating 
        expenses (including reasonable and appropriate services), and a 
        reasonable return on equity, as determined solely by the 
        Secretary. The demonstration contract shall be for the minimum 
        term necessary for the rents and mortgages of the multifamily 
        housing project to be restructured under the demonstration 
        program.
    (g) HUD-Owned and HUD-Held Mortgages.--For purposes of carrying out 
the demonstration program--
            (1) the Secretary may manage and dispose of multifamily 
        properties owned by the Secretary and multifamily mortgages 
        held by the Secretary, on such terms and conditions as the 
        Secretary may determine, without regard to any other provision 
        of law; and
            (2) as provided under subsection (b)(3), the Secretary may 
        delegate to one or more designees the authority to carry out 
        some or all of the functions and responsibilities of the 
        Secretary in connection with mortgages held by the Secretary 
        under the National Housing Act.
    (h) Demonstration Actions.--For purposes of carrying out the 
demonstration program, and in order to ensure that contract rights are 
not abrogated, subject to such third party consents as are necessary 
(if any), including consent by the Government National Mortgage 
Association if it owns a mortgage insured by the Secretary, consent by 
an issuer under the mortgage-backed securities program of the 
Association, subject to the responsibilities of the issuer to its 
security holders and the Association under such program, and consent by 
parties to any contractual agreement which the Secretary proposes to 
modify or discontinue, the Secretary or, except with respect to 
paragraph (2), designee, shall take not less than 1 of the actions 
specified in paragraphs (6), (7), and (8) and may take any of the 
following actions:
            (1) Removal of restrictions.--
                    (A) In general.--Notwithstanding any other 
                provision of law, and subject to the agreement of the 
                owner of the project and after consultation with the 
                tenants of the project, the Secretary or designee may 
                remove, relinquish, extinguish, modify, or agree to the 
                removal of any mortgage, regulatory agreement, project-
                based assistance contract, use agreement, or 
                restriction that had been imposed or required by the 
                Secretary, including restrictions on distributions of 
                income which the Secretary or designee determines would 
                interfere with the ability of the project to operate 
                without above-market rents.
                    (B) Accumulated residual receipts.--The Secretary 
                or designee may require an owner of a property assisted 
                under the section 8 new construction/substantial 
                rehabilitation program under the United States Housing 
                Act of 1937 to apply any accumulated residual receipts 
                toward effecting the purposes of this section.
            (2) Reinsurance.--With respect to not more than 5,000 units 
        during fiscal year 1997, the Secretary may enter into contracts 
        to purchase reinsurance, or enter into participations or 
        otherwise transfer economic interest in contracts of insurance 
        or in the premiums paid, or due to be paid, on such insurance 
        to the designee, on such terms and conditions as the Secretary 
        may determine.
            (3) Induce participation of third parties.--Notwithstanding 
        any other provision of law, of amounts made available under 
        appropriations Acts, including amounts made available under 
        this section, the Secretary or designee may enter into such 
        agreements, provide such concessions, incur such costs, make 
        such grants (including grants to cover all or a portion of the 
        rehabilitation costs for a project) and other payments, and 
        provide other valuable consideration, as may reasonably be 
        necessary to induce participation of owners, lenders, 
        servicers, third parties, and other entities in the 
        demonstration program, including the use of fees for contract 
        administration under section 8 of the United States Housing Act 
        of 1937 for purposes of any contract restructured or renewed 
        under the demonstration program.
            (4) Full or partial payment of claim.--Notwithstanding any 
        other provision of law, the Secretary may make a full payment 
        of claim or partial payment of claim prior to default.
            (5) Credit enhancement.--
                    (A) In general.--The Secretary or designee may 
                provide FHA multifamily mortgage insurance, 
                reinsurance, or other credit enhancement alternatives, 
                including retaining the existing FHA mortgage insurance 
                on a restructured first mortgage at market value or 
                using the multifamily risk-sharing mortgage programs, 
                as provided under section 542 of the Housing and 
                Community Development Act of 1992.
                    (B) Effect of limitations.--Any limitations on the 
                number of units available for mortgage insurance under 
                section 542 shall not apply to insurance issued for 
                purposes of the demonstration program.
                    (C) Maximum percentage.--During fiscal year 1997, 
                not more than 10 percent of multifamily housing 
                projects with expiring contracts may be restructured 
                without FHA insurance, unless otherwise agreed by the 
                owner of a project.
                    (D) Credit subsidy.--Subject to the funding 
                restrictions under subsection (l), any credit subsidy 
                costs of providing mortgage insurance shall be paid 
                from the General Insurance Fund and the Special Risk 
                Insurance Fund.
            (6) Mortgage restructuring.--
                    (A) In general.--The Secretary or designee may 
                restructure mortgages to provide a restructured first 
                mortgage to cover debt service and operating expenses 
                at the market rent, and a second mortgage equal to the 
                difference between the restructured first mortgage and 
                the mortgage balance of the eligible multifamily 
                housing project at the time of restructuring.
                    (B) Interest rate on second mortgage.--The second 
                mortgage shall bear interest at a rate not to exceed 
                the applicable Federal rate for a term not to exceed 40 
                years.
                    (C) Timing of payments.--If the first mortgage 
                remains outstanding, payments of interest and principal 
                on the second mortgage shall be made from all excess 
                project income only after the payment of all reasonable 
                and necessary operating expenses (including deposits in 
                a reserve for replacement), debt service on the first 
                mortgage, and such other expenditures as may be 
                approved by the Secretary.
                    (D) Assumption of second mortgage.--The second 
                mortgage shall be assumable by any subsequent purchaser 
                of the multifamily housing project.
                    (E) Disposition of property.--The balance of the 
                principal and accrued interest due under the second 
                mortgage shall be fully payable upon disposition of the 
                property, unless the mortgage is assumed under 
                subparagraph (D).
                    (F) Second mortgage repayment.--The owner shall 
                begin repayment of the second mortgage upon full 
                payment of the first mortgage in equal monthly 
                installments in an amount equal to the monthly 
                principal and interest payments formerly paid under the 
                first mortgage.
                    (G) Failure to comply.--The principal and interest 
                of a second mortgage shall be immediately due and 
                payable upon a finding by the Secretary that an owner 
                has failed to materially comply with this section or 
                any applicable requirement of the United States Housing 
                Act of 1937 in relation to the project at issue.
                    (H) Credit subsidy.--Subject to the funding 
                restrictions under subsection (l), any credit subsidy 
                costs of providing a second mortgage shall be paid from 
                the General Insurance Fund and the Special Risk 
                Insurance Fund.
            (7) Debt forgiveness.--The Secretary or designee, for good 
        cause and at the request of the owner of a multifamily housing 
        project, may forgive at the time of the restructuring of a 
        mortgage any portion of a debt on the project that exceeds the 
        market value of the project. In exchange for debt forgiveness 
        under this paragraph, the project shall remain affordable to 
        low-income families for a period of 20 years, unless otherwise 
        provided by the Secretary.
            (8) Budget-based rents.--During fiscal year 1997, the 
        Secretary or designee may renew an expiring contract, for a 
        period of not more than 1 year, at a budget-based rent that 
        covers debt service, reasonable operating expenses (including 
        all reasonable and appropriate services), and a reasonable 
        return on equity, as determined solely by the Secretary, but 
        that does not exceed the rent levels under the expiring 
        contract. The Secretary may establish a preference under the 
        demonstration program for budget-based rents for unique housing 
        projects, such as projects designated for occupancy by elderly 
        families in rural areas.
    (i) Community and Tenant Input.--In carrying out this section, the 
Secretary shall develop procedures to provide appropriate and timely 
notice, including an opportunity for comment, to officials of the unit 
of general local government affected, the community in which the 
project is situated, and the tenants of the project.
    (j) Limitation on Demonstration Authority.--The Secretary shall 
carry out the demonstration program with respect to mortgages not to 
exceed 50,000 units.
    (k) Priority for Participation.--The Secretary or designee shall 
give priority for participation in the demonstration program to any 
owner of an eligible multifamily housing project with an expiring 
contract for project-based assistance.
    (l) Funding.--In addition to the $30,000,000 made available under 
section 210 of the Departments of Veterans Affairs and Housing and 
Urban Development and Independent Agencies Appropriations Act, 1996 
(110 Stat. 1321), for the costs (including any credit subsidy costs 
associated with providing direct loans or mortgage insurance) of 
modifying and restructuring loans held or guaranteed by the Federal 
Housing Administration, as authorized under this section, $10,000,000, 
are hereby appropriated, to remain available until September 30, 1998.
    (m) Report to Congress.--
            (1) In general.--
                    (A) Biannual reports.--Not less than biannually, 
                the Secretary shall submit to the Congress a report 
                describing and assessing the programs carried out under 
                the demonstration program.
                    (B) Final report.--Not later than 6 months after 
                the end of the demonstration program, the Secretary 
                shall submit to the Congress a final report on the 
                demonstration program.
            (2) Contents.--Each report submitted under paragraph (1) 
        shall include--
                    (A) any findings and recommendations for 
                legislative action; and
                    (B) a description of the status of each multifamily 
                housing project selected for the demonstration program.
            (3) Contents of final report.--The report submitted under 
        paragraph (1)(B) may include--
                    (A) with respect to each multifamily housing 
                project participating in the demonstration program, 
                information relating to--
                            (i) the size of the project;
                            (ii) the geographic locations of the 
                        project, by State and region;
                            (iii) the physical and financial condition 
                        of the project;
                            (iv) the occupancy profile of the project, 
                        including the income, family size, race, and 
                        ethnic origin of the tenants, and the rents 
                        paid by those tenants;
                            (v) a description of actions undertaken 
                        pursuant to this section, including a 
                        description of the effectiveness of such 
                        actions and any impediments to the transfer or 
                        sale of the projects;
                            (vi) a description of the extent to which 
                        the demonstration program has displaced tenants 
                        of the project;
                            (vii) a description of the impact to which 
                        the demonstration program has affected the 
                        localities and communities in which the 
                        projects are located; and
                            (viii) a description of the extent to which 
                        the demonstration program has affected the 
                        owners of the projects; and
                    (B) a description of any of the functions performed 
                in connection with this section that are transferred or 
                contracted out to public or private entities or to 
                State entities.
    (42)Sec. 213. Hawaiian Home Lands.--Section 282 of the Cranston-
Gonzalez National Affordable Housing Act (42 U.S.C. 12832) is amended 
by adding at the end the following new sentence: ``The Secretary may 
waive this section in connection with the use of funds made available 
under this title on lands set aside under the Hawaiian Homes Commission 
Act, 1920 (42 Stat. 108).''.
    (43)Sec. 214. Involuntary Separations.--In order to avoid or 
minimize the need for involuntary separations due to a reduction in 
force, departmental restructuring, reorganization, transfer of 
function, or similar action affecting the Department of Housing and 
Urban Development, the Secretary shall establish a program under which 
separation pay, subject to the availability of appropriated funds, may 
be offered to encourage employees to separate from service voluntarily, 
whether by retirement or resignation: Provided, That payments to 
individual employees shall not exceed $25,000: Provided further, That 
in addition to any other payments which it is required to make under 
subchapter III of chapter 83 or chapter 84 of title 5, United States 
Code, HUD shall remit to the Office of Personnel Management for deposit 
in the Treasury of the United States to the credit of the Civil Service 
Retirement and Disability Fund on amount equal to 15 percent of the 
final basic pay of each employee who is covered under subchapter III of 
chapter 83 or chapter 84 of title 5 to whom a voluntary separation 
incentive has been paid under this paragraph.
    (44)Sec. 215. Requirement for HUD To Maintain Public Notice and 
Comment Rulemaking.--The Secretary of Housing and Urban Development 
shall maintain all current requirements under part 10 of the Department 
of Housing and Urban Development's regulations (24 CFR part 10) with 
respect to the Department's policies and procedures for the 
promulgation and issuance of rules, including the use of public 
participation in the rulemaking process.

(45)SEC. 216. COMMUNITY DEVELOPMENT BLOCK GRANTS.

    Section 102(a)(6)(D) of the Housing and Community Development Act 
of 1974 (42 U.S.C. 5302(a)(6)(D)) is amended--
            (1) in clause (iv), by striking ``or'' at the end;
            (2) in clause (v), by striking the period at the end and 
        inserting ``; or''; and
            (3) by adding at the end the following new clause:
                    ``(vi) has entered into a local cooperation 
                agreement with a metropolitan city that received 
                assistance under section 106 because of such 
                classification, and has elected under paragraph (4) to 
                have its population included with the population of the 
                county for the purposes of qualifying as an urban 
                county, except that to qualify as an urban county under 
                this clause, the county must--
                            ``(I) have a combined population of not 
                        less than 210,000, excluding any metropolitan 
                        city located in the county that is not 
                        relinquishing its metropolitan city 
                        classification, according to the 1990 decennial 
                        census of the Bureau of the Census of the 
                        Department of Commerce;
                            ``(II) including any metropolitan cities 
                        located in the county, have had a decrease in 
                        population of 10,061 from 1992 to 1994, 
                        according to the estimates of the Bureau of the 
                        Census of the Department of Commerce; and
                            ``(III) have had a Federal naval 
                        installation that was more than 100 years old 
                        closed by action of the Base Closure and 
                        Realignment Commission appointed for 1993 under 
                        the Base Closure and Realignment Act of 1990, 
                        directly resulting in a loss of employment by 
                        more than 7,000 Federal Government civilian 
                        employees and more than 15,000 active duty 
                        military personnel, which naval installation 
                        was located within 1 mile of an enterprise 
                        community designated by the Secretary pursuant 
                        to section 1391 of the Internal Revenue Code of 
                        1986, which enterprise community has a 
                        population of not less than 20,000, according 
                        to the 1990 decennial census of the Bureau of 
                        the Census of the Department of Commerce.''.

(46)SEC. 217. FAIR HOUSING AND FREE SPEECH.

    None of the amounts made available under this Act may be used 
during fiscal year 1997 to investigate or prosecute under the Fair 
Housing Act any otherwise lawful activity engaged in by one or more 
persons, including the filing or maintaining of a nonfrivolous legal 
action, that is engaged in solely for the purpose of achieving or 
preventing action by a government official or entity, or a court of 
competent jurisdiction.

(47)SEC. 218. MORTGAGE INSURANCE.

    None of the funds appropriated under this Act may be used to give 
final approval to any proposal to provide mortgage insurance having a 
value in excess of $250,000,000 for any project financing for which may 
be guaranteed under section 220 of the National Housing Act (12 U.S.C. 
1715k), unless the Secretary has transmitted to the President pro 
tempore of the Senate and the Speaker of the House the Secretary's 
justification for such guarantee and no final approval shall be given 
until the justification has laid before the Congress for a period of 
not less than 30 days.

                               TITLE III

                          INDEPENDENT AGENCIES

                  American Battle Monuments Commission

                         salaries and expenses

    For necessary expenses, not otherwise provided for, of the American 
Battle Monuments Commission, including the acquisition of land or 
interest in land in foreign countries; purchases and repair of uniforms 
for caretakers of national cemeteries and monuments outside of the 
United States and its territories and possessions; rent of office and 
garage space in foreign countries; purchase (one for replacement only) 
and hire of passenger motor vehicles; and insurance of official motor 
vehicles in foreign countries, when required by law of such countries; 
$22,265,000, to remain available until expended: Provided, That where 
station allowance has been authorized by the Department of the Army for 
officers of the Army serving the Army at certain foreign stations, the 
same allowance shall be authorized for officers of the Armed Forces 
assigned to the Commission while serving at the same foreign stations, 
and this appropriation is hereby made available for the payment of such 
allowance: Provided further, That when traveling on business of the 
Commission, officers of the Armed Forces serving as members or as 
Secretary of the Commission may be reimbursed for expenses as provided 
for civilian members of the Commission: Provided further, That the 
Commission shall reimburse other Government agencies, including the 
Armed Forces, for salary, pay, and allowances of personnel assigned to 
it.

                       Department of the Treasury

              Community Development Financial Institutions

   community development financial institutions fund program account

    For grants, loans, and technical assistance to qualifying community 
development lenders, and administrative expenses of the Fund, 
$45,000,000, to remain available until September 30, 1998, of which 
$8,000,000 may be used for the cost of direct loans, and up to $800,000 
may be used for administrative expenses to carry out the direct loan 
program: Provided, That the cost of direct loans, including the cost of 
modifying such loans, shall be as defined in section 502 of the 
Congressional Budget Act of 1974: Provided further, That not more than 
$19,400,000 of the funds made available under this heading may be used 
for programs and activities authorized in section 114 of the Community 
Development Banking and Financial Institutions Act of 1994.

                   Consumer Product Safety Commission

                         salaries and expenses

    For necessary expenses of the Consumer Product Safety Commission, 
including hire of passenger motor vehicles, services as authorized by 5 
U.S.C. 3109, but at rates for individuals not to exceed the per diem 
rate equivalent to the rate for GS-18, purchase of nominal awards to 
recognize non-Federal officials' contributions to Commission 
activities, and not to exceed $500 for official reception and 
representation expenses, $42,500,000.

             Corporation for National and Community Service

       national and community service programs operating expenses

                     (including transfer of funds)

    For necessary expenses for the Corporation for National and 
Community Service (referred to in the matter under this heading as the 
``Corporation'') in carrying out programs, activities, and initiatives 
under the National and Community Service Act of 1990 (referred to in 
the matter under this heading as the ``Act'') (42 U.S.C. 12501 et 
seq.), (48)<DELETED>$365,000,000 </DELETED>$400,500,000, of which 
$265,000,000 shall be available for obligation from September 1, 1997, 
through September 30, 1998: Provided, That not more than $25,000,000 
shall be available for administrative expenses authorized under section 
501(a)(4) of the Act (42 U.S.C. 12671(a)(4)): Provided further, That 
not more than $2,500 shall be for official reception and representation 
expenses: Provided further, That not more than (49)<DELETED>$40,000,000 
</DELETED>$59,000,000, to remain available without fiscal year 
limitation, shall be transferred to the National Service Trust account 
for educational awards authorized under subtitle D of title I of the 
Act (42 U.S.C. 12601 et seq.): Provided further, That not more than 
(50)<DELETED>$201,000,000 </DELETED>$215,000,000 of the amount provided 
under this heading shall be available for grants under the National 
Service Trust program authorized under subtitle C of title I of the Act 
(42 U.S.C. 12571 et seq.) (relating to activities including the 
Americorps program)(51), of which not more than $40,000,000 may be used 
to administer, reimburse or support any national service program 
authorized under section 121(d)(2) of such Act (42 U.S.C. 12581(d)(2)): 
Provided further, That not more than (52)<DELETED>$5,000,000 
</DELETED>$5,500,000 of the funds made available under this heading 
shall be made available for the Points of Light Foundation for 
activities authorized under title III of the Act (42 U.S.C. 12661 et 
seq.): Provided further, That no funds shall be available for national 
service programs run by Federal agencies authorized under section 
121(b) of such Act (42 U.S.C. 12571(b)): Provided further, That to the 
maximum extent feasible, funds appropriated in the preceding proviso 
shall be provided in a manner that is consistent with the 
recommendations of peer review panels in order to ensure that priority 
is given to programs that demonstrate quality, innovation, 
replicability, and sustainability: Provided further, That not more than 
(53)<DELETED>$17,500,000 </DELETED>$18,000,000 of the funds made 
available under this heading shall be available for the Civilian 
Community Corps authorized under subtitle E of title I of the Act (42 
U.S.C. 12611 et seq.): Provided further, That not more than 
(54)<DELETED>$41,500,000 </DELETED>$43,000,000 shall be available for 
school-based and community-based service-learning programs authorized 
under subtitle B of title I of the Act (42 U.S.C. 12521 et seq.): 
Provided further, That not more than $30,000,000 shall be available for 
quality and innovation activities authorized under subtitle H of title 
I of the Act (42 U.S.C. 12853 et seq.): Provided further, That not more 
than $5,000,000 shall be available for audits and other evaluations 
authorized under section 179 of the Act (42 U.S.C. 12639): Provided 
further, That no funds from any other appropriation, or from funds 
otherwise made available to the Corporation, shall be used to pay for 
personnel compensation and benefits, travel, or any other 
administrative expense for the Board of Directors, the Office of the 
Chief Executive Officer, the Office of the Managing Director, the 
Office of the Chief Financial Officer, the Office of National and 
Community Service Programs, the Civilian Community Corps, or any field 
office or staff of the Corporation working on the National and 
Community Service or Civilian Community Corps programs: Provided 
further, That to the maximum extent practicable, the Corporation shall 
increase significantly the level of matching funds and in-kind 
contributions provided by the private sector, shall expand 
significantly the number of educational awards provided under subtitle 
D of title I, and shall reduce the total Federal costs per participant 
in all programs.

                      office of inspector general

    For necessary expenses of the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, as 
amended, $2,000,000.

                       Court of Veterans Appeals

                         salaries and expenses

    For necessary expenses for the operation of the United States Court 
of Veterans Appeals as authorized by 38 U.S.C. sections 7251-7292, 
$9,229,000 (55)<DELETED>(increased by $1,411,000)</DELETED>, of which 
(56)<DELETED>$634,000</DELETED> $700,000, to remain available until 
September 30, 1998, shall be available for the purpose of providing 
financial assistance as described, and in accordance with the process 
and reporting procedures set forth, under this heading in Public Law 
102-227.

         Department of Defense--Civil Cemeterial Expenses, Army

                         salaries and expenses

    For necessary expenses, as authorized by law, for maintenance, 
operation, and improvement of Arlington National Cemetery and Soldiers' 
and Airmen's Home National Cemetery, including the purchase of one 
passenger motor vehicle for replacement only, and not to exceed $1,000 
for official reception and representation expenses, $11,600,000, to 
remain available until expended.

                    Environmental Protection Agency

                         science and technology

    For science and technology, including research and development 
activities, which shall include research and development activities 
under the Comprehensive Environmental Response, Compensation, and 
Liability Act of 1980 (CERCLA), as amended; necessary expenses for 
personnel and related costs and travel expenses, including uniforms, or 
allowances therefore, as authorized by 5 U.S.C. 5901-5902; services as 
authorized by 5 U.S.C. 3109, but at rates for individuals not to exceed 
the per diem rate equivalent to the rate for GS-18; procurement of 
laboratory equipment and supplies; other operating expenses in support 
of research and development; construction, alteration, repair, 
rehabilitation and renovation of facilities, not to exceed $75,000 per 
project, (57)<DELETED>$540,000,000 (reduced by $1,500,000)</DELETED> 
$545,000,000, which shall remain available until September 30, 1998.

                 environmental programs and management

    For environmental programs and management, including necessary 
expenses, not otherwise provided for, for personnel and related costs 
and travel expenses, including uniforms, or allowances therefore, as 
authorized by 5 U.S.C. 5901-5902; services as authorized by 5 U.S.C. 
3109, but at rates for individuals not to exceed the per diem rate 
equivalent to the rate for GS-18; hire of passenger motor vehicles; 
hire, maintenance, and operation of aircraft; purchase of reprints; 
library memberships in societies or associations which issue 
publications to members only or at a price to members lower than to 
subscribers who are not members; construction, alteration, repair, 
rehabilitation, and renovation of facilities, not to exceed $75,000 per 
project; and not to exceed $6,000 for official reception and 
representation expenses, (58)<DELETED>$1,703,000,000 (increased by 
$1,500,000) </DELETED>$1,713,000,000, which shall remain available 
until September 30, 1998.

                      office of inspector general

    For necessary expenses of the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, as 
amended, and for construction, alteration, repair, rehabilitation, and 
renovation of facilities, not to exceed $75,000 per project, 
$28,500,000.

                        buildings and facilities

    For construction, repair, improvement, extension, alteration, and 
purchase of fixed equipment or facilities of, or for use by, the 
Environmental Protection Agency, (59)<DELETED>$107,220,000 
</DELETED>$27,220,000, to remain available until 
expended(60)<DELETED>:-Provided, That EPA is authorized to establish 
and construct a consolidated research facility at Research Triangle 
Park, North Carolina, at a maximum total construction cost of 
$232,000,000, and to obligate such monies as are made available by this 
Act for this purpose: Provided further, That EPA is authorized to 
construct such facility through multi-year contracts incrementally 
funded through appropriations hereafter made available for this 
project: Provided further, That, notwithstanding the previous provisos, 
for monies obligated pursuant to this authority, EPA may not obligate 
monies in excess of those provided in advance in annual appropriations, 
and such contracts shall clearly provide for this limitation</DELETED>.

                     hazardous substance superfund

                     (including transfer of funds)

    For necessary expenses to carry out the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980 (CERCLA), as amended, 
including sections 111 (c)(3), (c)(5), (c)(6), and (e)(4) (42 U.S.C. 
9611), and for construction, alteration, repair, rehabilitation, and 
renovation of facilities, not to exceed $75,000 per project; not to 
exceed (61)<DELETED>$2,201,200,000 </DELETED>$1,394,245,000 (of which 
$100,000,000 shall not become available until September 1, 1997), to 
remain available until expended, consisting of 
(62)<DELETED>$1,951,200,000 </DELETED>$1,144,245,000 as authorized by 
section 517(a) of the Superfund Amendments and Reauthorization Act of 
1986 (SARA), as amended by Public Law 101-508, and $250,000,000 as a 
payment from general revenues to the Hazardous Substance Superfund as 
authorized by section 517(b) of SARA, as amended by Public Law 101-508: 
Provided, That funds appropriated under this heading may be allocated 
to other Federal agencies in accordance with section 111(a) of CERCLA: 
Provided further, That $11,000,000 of the funds appropriated under this 
heading shall be transferred to the ``Office of Inspector General'' 
appropriation to remain available until September 30, 1997: Provided 
further, That notwithstanding section 111(m) of CERCLA or any other 
provision of law, not to exceed (63)<DELETED>$59,000,000 
</DELETED>$64,000,000 of the funds appropriated under this heading 
shall be available to the Agency for Toxic Substances and Disease 
Registry to carry out activities described in sections 104(i), 
111(c)(4), and 111(c)(14) of CERCLA and section 118(f) of the Superfund 
Amendments and Reauthorization Act of 1986: Provided further, That 
$35,000,000 of the funds appropriated under this heading shall be 
transferred to the ``Science and technology'' appropriation to remain 
available until September 30, 1998: Provided further, That none of the 
funds appropriated under this heading shall be available for the Agency 
for Toxic Substances and Disease Registry to issue in excess of 40 
toxicological profiles pursuant to section 104(i) of CERCLA during 
fiscal year 1997(64)<DELETED>:-Provided further, That $861,000,000 of 
the funds appropriated under this heading shall become available for 
obligation only upon the enactment of future appropriations legislation 
that specifically makes these funds available for 
obligation</DELETED>(65)<DELETED>: Provided further, That $1,200,000 of 
the funds appropriatated under this heading shall be used by the Agency 
for Toxic Substances and Disease Registry to conduct a health effects 
study of the Toms River Cancer Cluster in the Toms River area in the 
State of New Jersey</DELETED>.

              leaking underground storage tank trust fund

                     (including transfer of funds)

    For necessary expenses to carry out leaking underground storage 
tank cleanup activities authorized by section 205 of the Superfund 
Amendments and Reauthorization Act of 1986, and for construction, 
alteration, repair, rehabilitation, and renovation of facilities, not 
to exceed $75,000 per project, (66)<DELETED>$46,500,000 (increased by 
$20,000,000) </DELETED>$60,000,000, to remain available until expended: 
Provided, That no more than $7,000,000 shall be available for 
administrative expenses: Provided further, That $577,000 shall be 
transferred to the ``Office of Inspector General'' appropriation to 
remain available until September 30, 1997.

                           oil spill response

                     (including transfer of funds)

    For expenses necessary to carry out the Environmental Protection 
Agency's responsibilities under the Oil Pollution Act of 1990, 
$15,000,000, to be derived from the Oil Spill Liability trust fund, and 
to remain available until expended: Provided, That not more than 
$8,000,000 of these funds shall be available for administrative 
expenses.

                   state and tribal assistance grants

    For environmental programs and infrastructure assistance, including 
capitalization grants for State revolving funds and performance 
partnership grants, (67)<DELETED>$2,768,207,000 
</DELETED>$2,815,207,000, to remain available until expended, of which 
(68)<DELETED>$1,800,000,000 </DELETED>$1,976,000,000 shall be for 
making capitalization grants for State revolving funds to support water 
infrastructure financing; $100,000,000 for architectural, engineering, 
planning, design, construction and related activities in connection 
with the construction of high priority water and wastewater facilities 
in the area of the United States-Mexico Border, after consultation with 
the appropriate border commission; $50,000,000 for grants to the State 
of Texas, which shall be matched by an equal amount of State funds from 
State resources, for the purpose of improving wastewater treatment for 
colonias; $15,000,000 for grants to the State of Alaska subject to an 
appropriate cost share as determined by the Administrator, to address 
(69)water supply and wastewater infrastructure needs of rural and 
Alaska Native Villages; (70)<DELETED>$129,000,000 for making grants for 
the construction of wastewater treatment facilities and the development 
of groundwater in accordance with the terms and conditions specified 
for such grants in the Report accompanying this Act; </DELETED>and 
$674,207,000 for grants to States and federally recognized tribes for 
multi-media or single media pollution prevention, control and abatement 
and related activities pursuant to the provisions set forth under this 
heading in Public Law 104-134: Provided, That, from funds appropriated 
under this heading, the Administrator may make grants to federally 
recognized Indian governments for the development of multi-media 
environmental programs: (71)Provided further, That notwithstanding any 
other provision of law, beginning in fiscal year 1997 the Administrator 
may make grants to States, from funds available for obligation in the 
State under title II of the Federal Water Pollution Control Act, as 
amended, for administering the completion and closeout of the State's 
construction grants program, based on a budget annually negotiated with 
the State: Provided further, That of the (72)<DELETED>$1,800,000,000 
</DELETED>$1,976,000,000 for capitalization grants for State revolving 
funds to support water infrastructure financing, 
(73)<DELETED>$450,000,000 </DELETED>$1,275,000,000 shall be for 
drinking water State revolving funds(74)<DELETED>, but if no drinking 
water State revolving fund legislation is enacted by June 1, 1997, 
these funds shall immediately be available for making capitalization 
grants under title VI of the Federal Water Pollution Control Act, as 
amended </DELETED>(75): Provided further, That the funds made available 
in Public Law 103-327 for a grant to the City of Bangor, Maine, in 
accordance with House Report 103-715, shall be available for a grant to 
that city for meeting combined sewer overflow requirements (76): 
Provided further, That, notwithstanding any other provision of law, a 
State that did not receive, in fiscal year 1996, grants under title VI 
of the Federal Water Pollution Control Act, as amended, that obligated 
all the funds allotted to it from the $725,000,000 that became 
available for that purpose on August 1, 1996, may receive reallotted 
funds from the fiscal year 1996 appropriation, provided the State 
receives such grants in fiscal year 1997.

                          working capital fund

                     (including transfer of funds)

    There is hereby established in the Treasury a franchise fund pilot 
to be known as the ``Working capital fund'', as authorized by section 
403 of Public Law 103-356, to be available as provided in such section 
for expenses and equipment necessary for the maintenance and operation 
of such administrative services as the Administrator determines may be 
performed more advantageously as central services: Provided, That any 
inventories, equipment, and other assets pertaining to the services to 
be provided by such fund, either on hand or on order, less the related 
liabilities or unpaid obligations, and any appropriations made 
hereafter for the purpose of providing capital, shall be used to 
capitalize such fund: Provided further, That such fund shall be paid in 
advance from funds available to the Agency and other Federal agencies 
for which such centralized services are performed, at rates which will 
return in full all expenses of operation, including accrued leave, 
depreciation of fund plant and equipment, amortization of automated 
data processing (ADP) software and systems (either acquired or 
donated), and an amount necessary to maintain a reasonable operating 
reserve, as determined by the Administrator: Provided further, That 
such fund shall provide services on a competitive basis: Provided 
further, That an amount not to exceed four percent of the total annual 
income to such fund may be retained in the fund for fiscal year 1997 
and each fiscal year thereafter, to remain available until expended, to 
be used for the acquisition of capital equipment and for the 
improvement and implementation of Agency financial management, ADP, and 
other support systems: Provided further, That no later than thirty days 
after the end of each fiscal year amounts in excess of this reserve 
limitation shall be transferred to the Treasury: Provided further, That 
such franchise fund pilot shall terminate pursuant to section 403(f) of 
Public Law 103-356.

                 (77)<DELETED>administrative provision

<DELETED>    Sec. 301. Notwithstanding any other provision of law, 
funds made available in this Act to the Environmental Protection Agency 
for any account, program or project may be transferred to Science and 
Technology for necessary research activities, subject to the terms and 
conditions set forth in the Report accompanying this Act.</DELETED>

                   Executive Office of the President

                office of science and technology policy

    For necessary expenses of the Office of Science and Technology 
Policy, in carrying out the purposes of the National Science and 
Technology Policy, Organization, and Priorities Act of 1976 (42 U.S.C. 
6601 and 6671), hire of passenger motor vehicles, and services as 
authorized by 5 U.S.C. 3109, not to exceed $2,500 for official 
reception and representation expenses, and rental of conference rooms 
in the District of Columbia, $4,932,000.

  council on environmental quality and office of environmental quality

    For necessary expenses to continue functions assigned to the 
Council on Environmental Quality and Office of Environmental Quality 
pursuant to the National Environmental Policy Act of 1969, the 
Environmental Quality Improvement Act of 1970, and Reorganization Plan 
No. 1 of 1977, (78)<DELETED>$2,250,000 </DELETED>$2,436,000.

                  Federal Emergency Management Agency

                            disaster relief

    For necessary expenses in carrying out the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.), 
(79)<DELETED>$1,120,000,000 </DELETED>$1,320,000,000, and, 
notwithstanding 42 U.S.C. 5203, to become available for obligation on 
September 30, 1997, and remain available until expended (80): Provided, 
That no money appropriated for the Federal Emergency Management Agency 
may be expended for the repair of yacht harbors or golf courses except 
for debris removal: Provided further, That no money appropriated for 
the Federal Emergency Management Agency may be expended for tree or 
shrub replacement except in public parks: Provided further, That any 
funds used for repair of any recreational facilities shall be limited 
to debris removal and the repair of recreational buildings only.

            disaster assistance direct loan program account

    For the cost of direct loans, $1,385,000, as authorized by section 
319 of the Robert T. Stafford Disaster Relief and Emergency Assistance 
Act (42 U.S.C. 5121 et seq.): Provided, That such costs, including the 
cost of modifying such loans, shall be as defined in section 502 of the 
Congressional Budget Act of 1974, as amended: Provided further, That 
these funds are available to subsidize gross obligations for the 
principal amount of direct loans not to exceed $25,000,000.
    In addition, for administrative expenses to carry out the direct 
loan program, $548,000.

                         salaries and expenses

    For necessary expenses, not otherwise provided for, including hire 
and purchase of motor vehicles (31 U.S.C. 1343); uniforms, or 
allowances therefor, as authorized by 5 U.S.C. 5901-5902; services as 
authorized by 5 U.S.C. 3109, but at rates for individuals not to exceed 
the per diem rate equivalent to the rate for GS-18; expenses of 
attendance of cooperating officials and individuals at meetings 
concerned with the work of emergency preparedness; transportation in 
connection with the continuity of Government programs to the same 
extent and in the same manner as permitted the Secretary of a Military 
Department under 10 U.S.C. 2632; and not to exceed $2,500 for official 
reception and representation expenses, (81)<DELETED>$168,000,000 
</DELETED>$166,733,000.

                      office of inspector general

    For necessary expenses of the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, as 
amended, (82)<DELETED>$4,533,000 </DELETED>$4,673,000.

              emergency management planning and assistance

    For necessary expenses, not otherwise provided for, to carry out 
activities under the National Flood Insurance Act of 1968, as amended, 
and the Flood Disaster Protection Act of 1973, as amended (42 U.S.C. 
4001 et seq.), the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5121 et seq.), the Earthquake Hazards 
Reduction Act of 1977, as amended (42 U.S.C. 7701 et seq.), the Federal 
Fire Prevention and Control Act of 1974, as amended (15 U.S.C. 2201 et 
seq.), the Defense Production Act of 1950, as amended (50 U.S.C. App. 
2061 et seq.), sections 107 and 303 of the National Security Act of 
1947, as amended (50 U.S.C. 404-405), and Reorganization Plan No. 3 of 
1978, (83)<DELETED>$209,101,000 </DELETED>$199,101,000.

                   emergency food and shelter program

    To carry out an emergency food and shelter program pursuant to 
title III of Public Law 100-77, as amended, $100,000,000: Provided, 
That total administrative costs shall not exceed three and one-half 
percent of the total appropriation.

                     national flood insurance fund

    For activities under the National Flood Insurance Act of 1968, the 
Flood Disaster Protection Act of 1973, and the National Flood Insurance 
Reform Act of 1994, not to exceed $20,981,000 for salaries and expenses 
associated with flood mitigation and flood insurance operations, and 
not to exceed $78,464,000 for flood mitigation, including up to 
$20,000,000 for expenses under section 1366 of the National Flood 
Insurance Act, which amount shall be available until September 30, 
1998. (84)The first sentence of section 1376(c) of the National Flood 
Insurance Act of 1968, as amended (42 U.S.C. 4026), is amended by 
striking all after ``this subchapter'' and inserting ``such sums as may 
be necessary through September 30, 1997 for studies under this title''. 
In fiscal year 1997, no funds in excess of (1) $47,000,000 for 
operating expenses, (2) $335,680,000 for agents' commissions and taxes, 
and (3) $35,000,000 for interest on Treasury borrowings shall be 
available from the National Flood Insurance Fund without prior notice 
to the Committees on Appropriations. For fiscal year 1997, flood 
insurance rates shall not exceed the level authorized by the National 
Flood Insurance Reform Act of 1994. (85)Section 1319 of the National 
Flood Insurance Act of 1968, as amended (42 U.S.C. 4026), is amended by 
striking out September 30, 1996.'' and inserting ``September 30, 
1997''.

                          working capital fund

    For the establishment of a working capital fund for the Federal 
Emergency Management Agency, to be available without fiscal year 
limitation, for expenses and equipment necessary for maintenance and 
operations of such administrative services as the Director determines 
may be performed more advantageously as central services: Provided, 
That any inventories, equipment, and other assets pertaining to the 
services to be provided by such fund, either on hand or on order, less 
the related liabilities or unpaid obligations, and any appropriations 
made hereafter for the purpose of providing capital, shall be used to 
capitalize such fund: Provided further, That such fund shall be 
reimbursed or credited with advance payments from applicable 
appropriations and funds of the Federal Emergency Management Agency, 
other Federal agencies, and other sources authorized by law for which 
such centralized services are performed, including supplies, materials, 
and services, at rates that will return in full all expenses of 
operation, including accrued leave, depreciation of fund plant and 
equipment, amortization of automated data processing (ADP) software and 
systems (either acquired or donated), and an amount necessary to 
maintain a reasonable operating reserve as determined by the Director: 
Provided further, That income of such fund may be retained, to remain 
available until expended, for purposes of the fund: Provided further, 
That fees for services shall be established by the Director at a level 
to cover the total estimated costs of providing such services, such 
fees to be deposited in the fund shall remain available until expended 
for purposes of the fund: Provided further, That such fund shall 
terminate in a manner consistent with section 403(f) of Public Law 103-
356.

                        administrative provision

    The Director of the Federal Emergency Management Agency shall 
promulgate through rulemaking a methodology for assessment and 
collection of fees to be assessed and collected beginning in fiscal 
year 1997 applicable to persons subject to the Federal Emergency 
Management Agency's radiological emergency preparedness regulations. 
The aggregate charges assessed pursuant to this section during fiscal 
year 1997 shall approximate, but not be less than, 100 per centum of 
the amounts anticipated by the Federal Emergency Management Agency to 
be obligated for its radiological emergency preparedness program for 
such fiscal year. The methodology for assessment and collection of fees 
shall be fair and equitable, and shall reflect the full amount of costs 
of providing radiological emergency planning, preparedness, response 
and associated services. Such fees shall be assessed in a manner that 
reflects the use of agency resources for classes of regulated persons 
and the administrative costs of collecting such fees. Fees received 
pursuant to this section shall be deposited in the general fund of the 
Treasury as offsetting receipts. Assessment and collection of such fees 
are only authorized during fiscal year 1997.

                    General Services Administration

                    consumer information center fund

    For necessary expenses of the Consumer Information Center, 
including services authorized by 5 U.S.C. 3109, $2,260,000, to be 
deposited into the Consumer Information Center Fund: Provided, That the 
appropriations, revenues and collections deposited into the fund shall 
be available for necessary expenses of Consumer Information Center 
activities in the aggregate amount of $7,500,000. 
(86)<DELETED>Administrative expenses of the Consumer Information Center 
in fiscal year 1997 shall not exceed $2,602,000. 
</DELETED>Appropriations, revenues, and collections accruing to this 
fund during fiscal year 1997 in excess of $7,500,000 shall remain in 
the fund and shall not be available for expenditure except as 
authorized in appropriations Acts(87)<DELETED>:-Provided further, That 
notwithstanding any other provision of law, the Consumer Information 
Center may accept and deposit to this account, during fiscal year 1997, 
gifts for the purpose of defraying its costs of printing, publishing, 
and distributing consumer information and educational material; may 
expend up to $1,100,000 of those gifts for those purposes, in addition 
to amounts otherwise appropriated; and the balance shall remain 
available for expenditure for such purpose to the extent authorized in 
subsequent appropriations Acts</DELETED>: Provided further, That 
notwithstanding any other provision of law, the Consumer Information 
Center may accept and deposit to this account, during fiscal year 1997 
and hereafter, gifts for the purpose of defraying its costs of 
printing, publishing, and distributing consumer information and 
educational materials and undertaking other consumer information 
activities; may expend those gifts for those purposes, in addition to 
amounts appropriated or otherwise made available; and the balance shall 
remain available for expenditure for such purpose.

             National Aeronautics and Space Administration

                           human space flight

    For necessary expenses, not otherwise provided for, in the conduct 
and support of human space flight research and development activities, 
including research, development, operations, and services; maintenance; 
construction of facilities including repair, rehabilitation, and 
modification of real and personal property, and acquisition or 
condemnation of real property, as authorized by law; space flight, 
spacecraft control and communications activities including operations, 
production, and services; and purchase, lease, charter, maintenance and 
operation of mission and administrative aircraft, $5,362,900,000, to 
remain available until September 30, 1998.

                  science, aeronautics and technology

    For necessary expenses, not otherwise provided for, in the conduct 
and support of science, aeronautics and technology research and 
development activities, including research, development, operations, 
and services; maintenance; construction of facilities including repair, 
rehabilitation, and modification of real and personal property, and 
acquisition or condemnation of real property, as authorized by law; 
space flight, spacecraft control and communications activities 
including operations, production, and services; and purchase, lease, 
charter, maintenance and operation of mission and administrative 
aircraft, (88)<DELETED>$5,662,100,000 </DELETED>$5,762,100,000, to 
remain available until September 30, 1998. Chapter VII of Public Law 
104-6 is amended under the heading, ``National Aeronautics and Space 
Administration'' by replacing ``September 30, 1997'' with ``September 
30, 1998'' and ``1996'' with ``1997''.

                            mission support

    For necessary expenses, not otherwise provided for, in carrying out 
mission support for human space flight programs and science, 
aeronautical, and technology programs, including research operations 
and support; space communications activities including operations, 
production and services; maintenance; construction of facilities 
including repair, rehabilitation, and modification of facilities, minor 
construction of new facilities and additions to existing facilities, 
facility planning and design, environmental compliance and restoration, 
and acquisition or condemnation of real property, as authorized by law; 
program management; personnel and related costs, including uniforms or 
allowances therefor, as authorized by 5 U.S.C. 5901-5902; travel 
expenses; purchase, lease charter, maintenance, and operation of 
mission and administrative aircraft; not to exceed $35,000 for official 
reception and representation expenses; and purchase (not to exceed 33 
for replacement only) and hire of passenger motor vehicles; 
$2,562,200,000, to remain available until September 30, 1998.

                      office of inspector general

    For necessary expenses of the Office of Inspector General in 
carrying out the Inspector General Act of 1978, as amended, 
$17,000,000.

                       administrative provisions

                     (including transfer of funds)

    Notwithstanding the limitation on the availability of funds 
appropriated for ``Human space flight'', ``Science, aeronautics and 
technology'', or ``Mission support'' by this appropriations Act, when 
(1) any activity has been initiated by the incurrence of obligations 
for construction of facilities as authorized by law, or (2) amounts are 
provided for full-funding for the Tracking and Data Relay Satellite 
(TDRS) replenishment program, such amount available for such activity 
shall remain available until expended. This provision does not apply to 
the amounts appropriated in ``Mission support'' pursuant to the 
authorization for repair, rehabilitation and modification of 
facilities, minor construction of new facilities and additions to 
existing facilities, and facility planning and design.
    Notwithstanding the limitation on the availability of funds 
appropriated for ``Human space flight'', ``Science, aeronautics and 
technology'', or ``Mission support'' by this appropriations Act, the 
amounts appropriated for construction of facilities shall remain 
available until September 30, 1999.
    Notwithstanding the limitation on the availability of funds 
appropriated for ``Mission support'' and ``Office of Inspector 
General'', amounts made available by this Act for personnel and related 
costs and travel expenses of the National Aeronautics and Space 
Administration shall remain available until September 30, 1997 and may 
be used to enter into contracts for training, investigations, cost 
associated with personnel relocation, and for other services, to be 
provided during the next fiscal year.
    (89)In order to avoid or minimize the need for involuntary 
separations due to a reduction in force, installation closure, 
reorganization, transfer of function, or similar action affecting the 
National Aeronautics and Space Administration, the Administrator shall 
establish a program under which separation pay, subject to the 
availability of appropriated funds, may be offered to encourage 
employees to separate from service voluntarily, whether by retirement 
or resignation: Provided, That payments to individual employees shall 
not exceed $25,000: Provided further, That in addition to any other 
payments which it is required to make under subchapter III of chapter 
83 or chapter 84 of title 5, United States Code, NASA shall remit to 
the Office of Personnel Management for deposit in the Treasury of the 
United States to the credit of the Civil Service Retirement and 
Disability Fund an amount equal to 15 percent of the final basic pay of 
each employee who is covered under subchapter III of chapter 83 or 
chapter 84 of title 5 to whom a voluntary separation incentive has been 
paid under this paragraph.

                  National Credit Union Administration

                       central liquidity facility

    During fiscal year 1997, gross obligations of the Central Liquidity 
Facility for the principal amount of new direct loans to member credit 
unions, as authorized by the National Credit Union Central Liquidity 
Facility Act (12 U.S.C. 1795), shall not exceed $600,000,000: Provided, 
That administrative expenses of the Central Liquidity Facility in 
fiscal year 1997 shall not exceed $560,000: Provided further, That 
$1,000,000, together with amounts of principal and interest on loans 
repaid, to be available until expended, is available for loans to 
community development credit unions.

                      National Science Foundation

                    research and related activities

    For necessary expenses in carrying out the National Science 
Foundation Act of 1950, as amended (42 U.S.C. 1861-1875), and the Act 
to establish a National Medal of Science (42 U.S.C. 1880-1881); 
services as authorized by 5 U.S.C. 3109; maintenance and operation of 
aircraft and purchase of flight services for research support; 
acquisition of aircraft; (90)<DELETED>$2,422,000,000 (increased by 
$9,110,000) </DELETED>$2,432,000,000, of which not to exceed 
$226,000,000 shall remain available until expended for Polar research 
and operations support, and for reimbursement to other Federal agencies 
for operational and science support and logistical and other related 
activities for the United States Antarctic program; the balance to 
remain available until September 30, 1998: Provided, That receipts for 
scientific support services and materials furnished by the National 
Research Centers and other National Science Foundation supported 
research facilities may be credited to this appropriation: Provided 
further, That to the extent that the amount appropriated is less than 
the total amount authorized to be appropriated for included program 
activities, all amounts, including floors and ceilings, specified in 
the authorizing Act for those program activities or their subactivities 
shall be reduced proportionally.

                        major research equipment

    For necessary expenses of major construction projects pursuant to 
the National Science Foundation Act of 1950, as amended, $80,000,000, 
to remain available until expended.

                     education and human resources

    For necessary expenses in carrying out science and engineering 
education and human resources programs and activities pursuant to the 
National Science Foundation Act of 1950, as amended (42 U.S.C. 1861-
1875), including services as authorized by 5 U.S.C. 3109 and rental of 
conference rooms in the District of Columbia, (91)<DELETED>$612,000,000 
</DELETED>$624,000,000, to remain available until September 30, 1998: 
Provided, That to the extent that the amount of this appropriation is 
less than the total amount authorized to be appropriated for included 
program activities, all amounts, including floors and ceilings, 
specified in the authorizing Act for those program activities or their 
subactivities shall be reduced proportionally.

                         salaries and expenses

    For necessary salaries and expenses of the National Science 
Foundation Act of 1950, as amended (42 U.S.C. 1861-1875); services 
authorized by 5 U.S.C. 3109; hire of passenger motor vehicles; not to 
exceed $9,000 for official reception and representation expenses; 
uniforms or allowances therefor, as authorized by 5 U.S.C. 5901-5902; 
rental of conference rooms in the District of Columbia; reimbursement 
of the General Services Administration for security guard services and 
headquarters relocation; $134,310,000 (92)<DELETED>(reduced by 
$9,110,000)</DELETED>: Provided, That contracts may be entered into 
under salaries and expenses in fiscal year 1997 for maintenance and 
operation of facilities, and for other services, to be provided during 
the next fiscal year.

                      office of inspector general

    For necessary expenses of the Office of Inspector General as 
authorized by the Inspector General Act of 1978, as amended, 
$4,690,000, to remain available until September 30, 1998.

                 Neighborhood Reinvestment Corporation

          payment to the neighborhood reinvestment corporation

    For payment to the Neighborhood Reinvestment Corporation for use in 
neighborhood reinvestment activities, as authorized by the Neighborhood 
Reinvestment Corporation Act (42 U.S.C. 8101-8107), 
(93)<DELETED>$50,000,000 </DELETED>$49,900,000.

                        Selective Service System

                         salaries and expenses

    For necessary expenses of the Selective Service System, including 
expenses of attendance at meetings and of training for uniformed 
personnel assigned to the Selective Service System, as authorized by 5 
U.S.C. 4101-4118 for civilian employees; and not to exceed $1,000 for 
official reception and representation expenses; $22,930,000: Provided, 
That during the current fiscal year, the President may exempt this 
appropriation from the provisions of 31 U.S.C. 1341, whenever he deems 
such action to be necessary in the interest of national defense: 
Provided further, That none of the funds appropriated by this Act may 
be expended for or in connection with the induction of any person into 
the Armed Forces of the United States.

                      TITLE IV--GENERAL PROVISIONS

    Sec. 401. Where appropriations in titles I, II, and III of this Act 
are expendable for travel expenses and no specific limitation has been 
placed thereon, the expenditures for such travel expenses may not 
exceed the amounts set forth therefore in the budget estimates 
submitted for the appropriations: Provided, (94)That this provision 
does not apply to accounts that do not contain an object classification 
for travel: Provided further, That this section shall not apply to 
travel performed by uncompensated officials of local boards and appeal 
boards of the Selective Service System; to travel performed directly in 
connection with care and treatment of medical beneficiaries of the 
Department of Veterans Affairs; to travel performed in connection with 
major disasters or emergencies declared or determined by the President 
under the provisions of the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act; to travel performed by the Offices of 
Inspector General in connection with audits and investigations; or to 
payments to interagency motor pools where separately set forth in the 
budget schedules: Provided further, That if appropriations in titles I, 
II, and III exceed the amounts set forth in budget estimates initially 
submitted for such appropriations, the expenditures for travel may 
correspondingly exceed the amounts therefore set forth in the estimates 
in the same proportion.
    Sec. 402. Appropriations and funds available for the administrative 
expenses of the Department of Housing and Urban Development and the 
Selective Service System shall be available in the current fiscal year 
for purchase of uniforms, or allowances therefor, as authorized by 5 
U.S.C. 5901-5902; hire of passenger motor vehicles; and services as 
authorized by 5 U.S.C. 3109.
    Sec. 403. Funds of the Department of Housing and Urban Development 
subject to the Government Corporation Control Act or section 402 of the 
Housing Act of 1950 shall be available, without regard to the 
limitations on administrative expenses, for legal services on a 
contract or fee basis, and for utilizing and making payment for 
services and facilities of Federal National Mortgage Association, 
Government National Mortgage Association, Federal Home Loan Mortgage 
Corporation, Federal Financing Bank, Federal Reserve banks or any 
member thereof, Federal Home Loan banks, and any insured bank within 
the meaning of the Federal Deposit Insurance Corporation Act, as 
amended (12 U.S.C. 1811-1831).
    Sec. 404. No part of any appropriation contained in this Act shall 
remain available for obligation beyond the current fiscal year unless 
expressly so provided herein.
    Sec. 405. No funds appropriated by this Act may be expended--
            (1) pursuant to a certification of an officer or employee 
        of the United States unless--
                    (A) such certification is accompanied by, or is 
                part of, a voucher or abstract which describes the 
                payee or payees and the items or services for which 
                such expenditure is being made, or
                    (B) the expenditure of funds pursuant to such 
                certification, and without such a voucher or abstract, 
                is specifically authorized by law; and
            (2) unless such expenditure is subject to audit by the 
        General Accounting Office or is specifically exempt by law from 
        such audit.
    Sec. 406. None of the funds provided in this Act to any department 
or agency may be expended for the transportation of any officer or 
employee of such department or agency between his domicile and his 
place of employment, with the exception of any officer or employee 
authorized such transportation under 31 U.S.C. 1344 or 5 U.S.C. 7905.
    Sec. 407. None of the funds provided in this Act may be used for 
payment, through grants or contracts, to recipients that do not share 
in the cost of conducting research resulting from proposals not 
specifically solicited by the Government: Provided, That the extent of 
cost sharing by the recipient shall reflect the mutuality of interest 
of the grantee or contractor and the Government in the research.
    Sec. 408. None of the funds in this Act may be used, directly or 
through grants, to pay or to provide reimbursement for payment of the 
salary of a consultant (whether retained by the Federal Government or a 
grantee) at more than the daily equivalent of the rate paid for Level 
IV of the Executive Schedule, unless specifically authorized by law.
    Sec. 409. None of the funds provided in this Act shall be used to 
pay the expenses of, or otherwise compensate, non-Federal parties 
intervening in regulatory or adjudicatory proceedings. Nothing herein 
affects the authority of the Consumer Product Safety Commission 
pursuant to section 7 of the Consumer Product Safety Act (15 U.S.C. 
2056 et seq.).
    Sec. 410. Except as otherwise provided under existing law or under 
an existing Executive order issued pursuant to an existing law, the 
obligation or expenditure of any appropriation under this Act for 
contracts for any consulting service shall be limited to contracts 
which are (1) a matter of public record and available for public 
inspection, and (2) thereafter included in a publicly available list of 
all contracts entered into within twenty-four months prior to the date 
on which the list is made available to the public and of all contracts 
on which performance has not been completed by such date. The list 
required by the preceding sentence shall be updated quarterly and shall 
include a narrative description of the work to be performed under each 
such contract.
    Sec. 411. Except as otherwise provided by law, no part of any 
appropriation contained in this Act shall be obligated or expended by 
any executive agency, as referred to in the Office of Federal 
Procurement Policy Act (41 U.S.C. 401 et seq.), for a contract for 
services unless such executive agency (1) has awarded and entered into 
such contract in full compliance with such Act and the regulations 
promulgated thereunder, and (2) requires any report prepared pursuant 
to such contract, including plans, evaluations, studies, analyses and 
manuals, and any report prepared by the agency which is substantially 
derived from or substantially includes any report prepared pursuant to 
such contract, to contain information concerning (A) the contract 
pursuant to which the report was prepared, and (B) the contractor who 
prepared the report pursuant to such contract.
    Sec. 412. Except as otherwise provided in section 406, none of the 
funds provided in this Act to any department or agency shall be 
obligated or expended to provide a personal cook, chauffeur, or other 
personal servants to any officer or employee of such department or 
agency.
    Sec. 413. None of the funds provided in this Act to any department 
or agency shall be obligated or expended to procure passenger 
automobiles as defined in 15 U.S.C. 2001 with an EPA estimated miles 
per gallon average of less than 22 miles per gallon.
    Sec. 414. None of the funds appropriated in title I of this Act 
shall be used to enter into any new lease of real property if the 
estimated annual rental is more than $300,000 unless the Secretary 
submits, in writing, a report to the Committees on Appropriations of 
the Congress and a period of 30 days has expired following the date on 
which the report is received by the Committees on Appropriations.
    Sec. 415. (a) Purchase of American-Made Equipment and Products.--It 
is the sense of the Congress that, to the greatest extent practicable, 
all equipment and products purchased with funds made available in this 
Act should be American-made.
    (b) Notice Requirement.--In providing financial assistance to, or 
entering into any contract with, any entity using funds made available 
in this Act, the head of each Federal agency, to the greatest extent 
practicable, shall provide to such entity a notice describing the 
statement made in subsection (a) by the Congress.
    Sec. 416. None of the funds appropriated in this Act may be used to 
implement any cap on reimbursements to grantees for indirect costs, 
except as published in Office of Management and Budget Circular A-21.
    Sec. 417. Such sums as may be necessary for fiscal year 1997 pay 
raises for programs funded by this Act shall be absorbed within the 
levels appropriated in this Act.
    Sec. 418. None of the funds made available in this Act may be used 
for any program, project, or activity, when it is made known to the 
Federal entity or official to which the funds are made available that 
the program, project, or activity is not in compliance with any Federal 
law relating to risk assessment, the protection of private property 
rights, or unfunded mandates.
    Sec. 419. Such funds as may be necessary to carry out the orderly 
termination of the Office of Consumer Affairs shall be made available 
from funds appropriated to the Department of Health and Human Services 
for fiscal year 1997.
    Sec. 420. Corporations and agencies of the Department of Housing 
and Urban Development which are subject to the Government Corporation 
Control Act, as amended, are hereby authorized to make such 
expenditures, within the limits of funds and borrowing authority 
available to each such corporation or agency and in accord with law, 
and to make such contracts and commitments without regard to fiscal 
year limitations as provided by section 104 of the Act as may be 
necessary in carrying out the programs set forth in the budget for 1997 
for such corporation or agency except as hereinafter provided: 
Provided, That collections of these corporations and agencies may be 
used for new loan or mortgage purchase commitments only to the extent 
expressly provided for in this Act (unless such loans are in support of 
other forms of assistance provided for in this or prior appropriations 
Acts), except that this proviso shall not apply to the mortgage 
insurance or guaranty operations of these corporations, or where loans 
or mortgage purchases are necessary to protect the financial interest 
of the United States Government.
    (95)Sec. 421. (a) The purpose of this section is to provide for the 
special needs of certain children of Vietnam veterans who were born 
with the birth defect spina bifida, possibly as the result of the 
exposure of one or both parents to herbicides during active service in 
the Republic of Vietnam during the Vietnam era, through the provision 
of health care and monetary benefits.
    (b)(1) Part II of title 38, United States Code, is amended by 
inserting after chapter 17 the following new chapter:

 ``CHAPTER 18--BENEFITS FOR CHILDREN OF VIETNAM VETERANS WHO ARE BORN 
                           WITH SPINA BIFIDA

``Sec.
``1801. Definitions.
``1802. Spina bifida conditions covered.
``1803. Health care.
``1804. Vocational training and rehabilitation.
``1805. Monetary allowance.
``1806. Effective date of awards.
``Sec. 1801. Definitions
    ``For the purposes of this chapter--
            ``(1) The term `child', with respect to a Vietnam veteran, 
        means a natural child of the Vietnam veteran, regardless of age 
        or marital status, who was conceived after the date on which 
        the veteran first entered the Republic of Vietnam during the 
        Vietnam era.
            ``(2) The term `Vietnam veteran' means a veteran who 
        performed active military, naval, or air service in the 
        Republic of Vietnam during the Vietnam era.
``Sec. 1802. Spina bifida conditions covered
    ``This chapter applies with respect to all forms and manifestations 
of spina bifida except spina bifida occulta.
``Sec. 1803. Health care
    ``(a) In accordance with regulations which the Secretary shall 
prescribe, the Secretary shall provide a child of a Vietnam veteran who 
is suffering from spina bifida with such health care as the Secretary 
determines is needed by the child for the spina bifida or any 
disability that is associated with such condition.
    ``(b) The Secretary may provide health care under this section 
directly or by contract or other arrangement with any health care 
provider.
    ``(c) For the purposes of this section--
            ``(1) The term `health care'--
                    ``(A) means home care, hospital care, nursing home 
                care, outpatient care, preventive care, habilitative 
                and rehabilitative care, case management, and respite 
                care; and
                    ``(B) includes--
                            ``(i) the training of appropriate members 
                        of a child's family or household in the care of 
                        the child; and
                            ``(ii) the provision of such 
                        pharmaceuticals, supplies, equipment, devices, 
                        appliances, assistive technology, direct 
                        transportation costs to and from approved 
                        sources of health care, and other materials as 
                        the Secretary determines necessary.
            ``(2) The term `health care provider' includes specialized 
        spina bifida clinics, health care plans, insurers, 
        organizations, institutions, and any other entity or individual 
        who furnishes health care that the Secretary determines 
        authorized under this section.
            ``(3) The term `home care' means outpatient care, 
        habilitative and rehabilitative care, preventive health 
        services, and health-related services furnished to an 
        individual in the individual's home or other place of 
        residence.
            ``(4) The term `hospital care' means care and treatment for 
        a disability furnished to an individual who has been admitted 
        to a hospital as a patient.
            ``(5) The term `nursing home care' means care and treatment 
        for a disability furnished to an individual who has been 
        admitted to a nursing home as a resident.
            ``(6) The term `outpatient care' means care and treatment 
        of a disability, and preventive health services, furnished to 
        an individual other than hospital care or nursing home care.
            ``(7) The term `preventive care' means care and treatment 
        furnished to prevent disability or illness, including periodic 
        examinations, immunizations, patient health education, and such 
        other services as the Secretary determines necessary to provide 
        effective and economical preventive health care.
            ``(8) The term `habilitative and rehabilitative care' means 
        such professional, counseling, and guidance services and 
        treatment programs (other than vocational training under 
        section 1804 of this title) as are necessary to develop, 
        maintain, or restore, to the maximum extent practicable, the 
        functioning of a disabled person.
            ``(9) The term `respite care' means care furnished on an 
        intermittent basis for a limited period to an individual who 
        resides primarily in a private residence when such care will 
        help the individual to continue residing in such private 
        residence.
``Sec. 1804. Vocational training and rehabilitation
    ``(a) Pursuant to such regulations as the Secretary may prescribe, 
the Secretary may provide vocational training under this section to a 
child of a Vietnam veteran who is suffering from spina bifida if the 
Secretary determines that the achievement of a vocational goal by such 
child is reasonably feasible.
    ``(b) Any program of vocational training for a child under this 
section shall be designed in consultation with the child in order to 
meet the child's individual needs and shall be set forth in an 
individualized written plan of vocational rehabilitation.
    ``(c)(1) A vocational training program for a child under this 
section--
            ``(A) shall consist of such vocationally oriented services 
        and assistance, including such placement and post-placement 
        services and personal and work adjustment training, as the 
        Secretary determines are necessary to enable the child to 
        prepare for and participate in vocational training or 
        employment; and
            ``(B) may include a program of education at an institution 
        of higher education if the Secretary determines that the 
        program of education is predominantly vocational in content.
    ``(2) A vocational training program under this subsection may not 
include the provision of any loan or subsistence allowance or any 
automobile adaptive equipment.
    ``(d)(1) Except as provided in paragraph (2) and subject to 
subsection (e)(2), a vocational training program under this section may 
not exceed 24 months.
    ``(2) The Secretary may grant an extension of a vocational training 
program for a child under this section for up to 24 additional months 
if the Secretary determines that the extension is necessary in order 
for the child to achieve a vocational goal identified (before the end 
of the first 24 months of such program) in the written plan of 
vocational rehabilitation formulated for the child pursuant to 
subsection (b).
    ``(e)(1) A child who is pursuing a program of vocational training 
under this section and is also eligible for assistance under a program 
under chapter 35 of this title may not receive assistance under both 
such programs concurrently. The child shall elect (in such form and 
manner as the Secretary may prescribe) the program under which the 
child is to receive assistance.
    ``(2) The aggregate period for which a child may receive assistance 
under this section and chapter 35 of this title may not exceed 48 
months (or the part-time equivalent thereof).
``Sec. 1805. Monetary allowance
    ``(a) The Secretary shall pay a monthly allowance under this 
chapter to any child of a Vietnam veteran for any disability resulting 
from spina bifida suffered by such child.
    ``(b)(1) The amount of the allowance paid to a child under this 
section shall be based on the degree of disability suffered by the 
child, as determined in accordance with such schedule for rating 
disabilities resulting from spina bifida as the Secretary may 
prescribe.
    ``(2) The Secretary shall, in prescribing the rating schedule for 
the purposes of this section, establish three levels of disability upon 
which the amount of the allowance provided by this section shall be 
based.
    ``(3) The amounts of the allowance shall be $200 per month for the 
lowest level of disability prescribed, $700 per month for the 
intermediate level of disability prescribed, and $1,200 per month for 
the highest level of disability prescribed. Such amounts are subject to 
adjustment under section 5312 of this title.
    ``(c) Notwithstanding any other provision of law, receipt by a 
child of an allowance under this section shall not impair, infringe, or 
otherwise affect the right of the child to receive any other benefit to 
which the child may otherwise be entitled under any law administered by 
the Secretary, nor shall receipt of such an allowance impair, infringe, 
or otherwise affect the right of any individual to receive any benefit 
to which the individual is entitled under any law administered by the 
Secretary that is based on the child's relationship to the individual.
    ``(d) Notwithstanding any other provision of law, the allowance 
paid to a child under this section shall not be considered income or 
resources in determining eligibility for or the amount of benefits 
under any Federal or federally assisted program.
``Sec. 1806. Effective date of awards
    ``The effective date for an award of benefits under this chapter 
shall be fixed in accordance with the facts found, but shall not be 
earlier than the date of receipt of application for the benefits.''.
    (2) The tables of chapters before part I and at the beginning of 
part II of such title are each amended by inserting after the item 
referring to chapter 17 the following new item:

``18. Benefits for Children of Vietnam Veterans Who Are Born    1801''.
                            With Spina Bifida.
    (c) Section 5312 of title 38, United States Code, is amended--
            (1) in subsection (a)--
                    (A) by striking out ``and the rate of increased 
                pension'' and inserting in lieu thereof ``, the rate of 
                increased pension''; and
                    (B) by inserting after ``on account of children,'' 
                the following: ``and each rate of monthly allowance 
                paid under section 1805 of this title,''; and
            (2) in subsection (c)(1), by striking out ``and 1542'' and 
        inserting in lieu thereof ``1542, and 1805''.
    (d) This section and the amendments made by this section shall take 
effect on January 1, 1997.
    Sec. 422. (a) Section 1151 of title 38, United States Code, is 
amended--
            (1) by striking out the first sentence and inserting in 
        lieu thereof the following:
    ``(a) Compensation under this chapter and dependency and indemnity 
compensation under chapter 13 of this title shall be awarded for a 
qualifying additional disability or a qualifying death of a veteran in 
the same manner as if such additional disability or death were service-
connected. For purposes of this section, a disability or death is a 
qualifying additional disability or qualifying death if the disability 
or death was not the result of the veteran's willful misconduct and--
            ``(1) the disability or death was caused by hospital care, 
        medical or surgical treatment, or examination furnished the 
        veteran under any law administered by the Secretary, either by 
        a Department employee or in a Department facility as defined in 
        section 1701(3)(A) of this title, and the proximate cause of 
        the disability or death was--
                    ``(A) carelessness, negligence, lack of proper 
                skill, error in judgment, or similar instance of fault 
                on the part of the Department in furnishing the 
                hospital care, medical or surgical treatment, or 
                examination; or
                    ``(B) an event not reasonably foreseeable; or
            ``(2) the disability or death was proximately caused by the 
        provision of training and rehabilitation services by the 
        Secretary (including by a service-provider used by the 
        Secretary for such purpose under section 3115 of this title) as 
        part of an approved rehabilitation program under chapter 31 of 
        this title.''; and
            (2) in the second sentence--
                    (A) by redesignating that sentence as subsection 
                (b);
                    (B) by striking out ``, aggravation,'' both places 
                it appears; and
                    (C) by striking out ``sentence'' and substituting 
                in lieu thereof ``subsection''.
    (b)(1) The amendments made by subsection (a) shall take effect on 
October 1, 1996.
    (2) Section 1151 of title 38, United States Code (as amended by 
subsection (a)), shall govern all administrative and judicial 
determinations of eligibility for benefits under such section that are 
made with respect to claims filed on or after the effective date set 
forth in paragraph (1), including those based on original applications 
and applications seeking to reopen, revise, reconsider, or otherwise 
readjudicate on any basis claims for benefits under such section 1151 
or any provision of law that is a predecessor of such section.
    (96)<DELETED>Sec. 421. None of the funds appropriated or otherwise 
made available by this Act may be used to pay the salaries of personnel 
who approve a contract for the purchase, lease, or acquisition in any 
manner of supercomputing equipment or services after a preliminary 
determination, as defined in 19 U.S.C. 1673b, or final determination, 
as defined in 19 U.S.C. 1673d, by the Department of Commerce that an 
organization providing such supercomputing equipment or services has 
offered such product at other than fair value.
</DELETED>    (97)<DELETED>Sec. 422. None of the funds made available 
in this Act for the National Aeronautics and Space Administration may 
be used for the National Center for Science Literacy, Education and 
Technology at the American Museum of Natural History.
</DELETED>    (98)<DELETED>Sec. 423. (a) Denial of Funds for Preventing 
ROTC Access to Campus.--None of the funds made available in this Act 
may be provided by contract or by grant (including a grant of funds to 
be available for student aid) to an institution of higher education 
when it is made known to the Federal official having authority to 
obligate or expend such funds that the institution (or any subelement 
thereof) has a policy or practice (regardless of when implemented) that 
prohibits, or in effect prevents--
        <DELETED>    (1) the maintaining, establishing, or operation of 
        a unit of the Senior Reserve Officer Training Corps (in 
        accordance with section 654 of title 10, United States Code, 
        and other applicable Federal laws) at the institution (or 
        subelement); or</DELETED>
        <DELETED>    (2) a student at the institution (or subelement) 
        from enrolling in a unit of the Senior Reserve Officer Training 
        Corps at another institution of higher education.</DELETED>
<DELETED>    (b) Exception.--The limitation established in subsection 
(a) shall not apply to an institution of higher education when it is 
made known to the Federal official having authority to obligate or 
expend such funds that--</DELETED>
        <DELETED>    (1) the institution (or subelement) has ceased the 
        policy or practice described in such subsection; or</DELETED>
        <DELETED>    (2) the institution has a longstanding policy of 
        pacifism based on historical religious affiliation.</DELETED>
    (99)<DELETED>Sec. 424. (a) Denial of Funds for Preventing Federal 
Military Recruiting on Campus.--None of the funds made available in 
this Act may be provided by contract or grant (including a grant of 
funds to be available for student aid) to any institution of higher 
education when it is made known to the Federal official having 
authority to obligate or expend such funds that the institution (or any 
subelement thereof) has a policy or practice (regardless of when 
implemented) that prohibits, or in effect prevents--
        <DELETED>    (1) entry to campuses, or access to students (who 
        are 17 years of age or older) on campuses, for purposes of 
        Federal military recruiting; or</DELETED>
        <DELETED>    (2) access to the following information pertaining 
        to students (who are 17 years of age or older) for purposes of 
        Federal military recruiting: student names, addresses, 
        telephone listings, dates and places of birth, levels of 
        education, degrees received, prior military experience, and the 
        most recent previous educational institutions enrolled in by 
        the students.</DELETED>
<DELETED>    (b) Exception.--The limitation established in subsection 
(a) shall not apply to an institution of higher education when it is 
made known to the Federal official having authority to obligate or 
expend such funds that--</DELETED>
        <DELETED>    (1) the institution (or subelement) has ceased the 
        policy or practice described in such subsection; or</DELETED>
        <DELETED>    (2) the institution has a longstanding policy of 
        pacifism based on historical religious affiliation.</DELETED>
    (100)<DELETED>Sec. 425. None of the funds made available in this 
Act may be obligated or expended to enter into or renew a contract with 
an entity when it is made known to the Federal official having 
authority to obligate or expend such funds that--
        <DELETED>    (1) such entity is otherwise a contractor with the 
        United States and is subject to the requirement in section 
        4212(d) of title 38, United States Code, regarding submission 
        of an annual report to the Secretary of Labor concerning 
        employment of certain veterans; and</DELETED>
        <DELETED>    (2) such entity has not submitted a report as 
        required by that section for the most recent year for which 
        such requirement was applicable to such entity.</DELETED>
    (101)<DELETED>Sec. 426. The amount provided in title I for 
``Veterans Health Administration--Medical Care'' is hereby increased 
by, the amount provided in title I for ``Departmental Administration--
General operating expenses'' is hereby increased by, and the total of 
the amounts of budget authority provided in this Act for payments not 
required by law for the fiscal year ending September 30, 1997 (other 
than any amount of budget authority provided in title I and any such 
amount provided in title III for the American Battle Monuments 
Commission, the Court of Veterans Appeals, or Cemeterial Expenses, 
Army), is hereby reduced by, $40,000,000, $17,000,000, and 0.40 
percent, respectively.
</DELETED>    (102)<DELETED>Sec. 427. The amounts otherwise provided by 
this Act are revised by increasing the amount made available for 
``Veterans Health Administration--Medical Care'', increasing the amount 
made available for ``Veterans Health Administration--Medical and 
Prosthetic Research'', reducing the amount made available for 
``Corporation for National and Community Service--National and 
Community Service Programs Operating Expenses'', and reducing the 
amount made available for ``Corporation for National and Community 
Service--Office of Inspector General'', by $20,000,000, $20,000,000, 
$365,000,000, and $2,000,000, respectively.
</DELETED>    (103)<DELETED>Sec. 428. None of the funds made available 
in this Act may be used by the Environmental Protection Agency to 
issue, reissue, or renew any approval or authorization for any facility 
to store or dispose of polychlorinated biphenyls when it is made known 
to the Federal official having authority to obligate or expend such 
funds that there is in effect at the time of the issuance, reissuance, 
or renewal a rule authorizing any person to import into the customs 
territory of the United States for treatment or disposal any 
polychlorinated biphenyls, or polychlorinated biphenyl items, at 
concentrations of more than 50 parts per million.
</DELETED>    (104)<DELETED>Sec. 429. None of the funds made available 
to the Environmental Protection Agency under the heading ``Hazardous 
Substance Superfund'' may be used to implement any retroactive 
liability discount reimbursement described in the amendment made by 
section 201 of H.R. 2500, as introduced on October 18, 1995.
</DELETED>    Sec. 430. FHA Mortgage Insurance Premiums.--Section 
203(c)(2)(A) of the National Housing Act (12 U.S.C. 1709(c)(2)(A)) is 
amended by inserting after the first sentence the following new 
sentence: ``In the case of mortgage for which the mortgagor is a first-
time homebuyer who completes a program of counseling with respect to 
the responsibilities and financial management involved in homeownership 
that is approved by the Secretary, the premium payment under this 
subparagraph shall not exceed 2.0 percent of the amount of the original 
insured principal obligation of the mortgage.''.
    Sec. 431. (a) Authority to Use Amounts Borrowed From Family Members 
for Downpayments on FHA-insured Loans.--Section 203(b)(9) of the 
National Housing Act (12 U.S.C. 1709(b)(9)) is amended by inserting 
before the period at the end the following: ``: Provided further, That 
for purposes of this paragraph, the Secretary shall consider as cash or 
its equivalent any amounts borrowed from a family member (as such term 
is defined in section 201), subject only to the requirements that, in 
any case in which the repayment of such borrowed amounts is secured by 
a lien against the property, such lien shall be subordinate to the 
mortgage and the sum of the principal obligation of the mortgage and 
the obligation secured by such lien may not exceed 100 percent of the 
appraised value of the property plus any initial service charges, 
appraisal, inspection, and other fees in connection with the 
mortgage''.
    (b) Definition of Family Member.--Section 201 of the National 
Housing Act (12 U.S.C. 1707) is amended by adding at the end the 
following new subsections:
    ``(e) The term `family member' means, with respect to a mortgagor 
under such section, a child, parent, or grandparent of the mortgagor 
(or the mortgagor's spouse). In determining whether any of the 
relationships referred to in the preceding sentence exist, a legally 
adopted son or daughter of an individual (and a child who is a member 
of an individual's household, if placed with such individual by an 
authorized placement agency for legal adoption by such individual), and 
a foster child of an individual, shall be treated as a child of such 
individual by blood.
    ``(f) The term `child' means, with respect to a mortgagor under 
such section, a son, stepson, daughter, or stepdaughter of such 
mortgagor.''.
    (105)<DELETED>Sec. 432. Sections 401 and 402 of the bill, H.R. 
1708, 104th Congress, as introduced in the House of Representatives on 
May 24, 1995, are hereby enacted into law.

</DELETED>SEC. 432. CALCULATION OF DOWNPAYMENT.

    Section 203(b) of the National Housing Act (12 U.S.C. 1709(b)) is 
amended by adding at the end the following new paragraph:
            ``(10) Alaska and Hawaii.--
                    ``(A) In general.--Notwithstanding any other 
                provision of this subsection, with respect to a 
                mortgage originated in the State of Alaska or the State 
                of Hawaii, involve a principal obligation not in excess 
                of the sum of--
                            ``(i) the amount of the mortgage insurance 
                        premium paid at the time the mortgage is 
                        insured; and
                            ``(ii)(I) in the case of a mortgage for a 
                        property with an appraised value equal to or 
                        less than $50,000, 98.75 percent of the 
                        appraised value of the property;
                            ``(II) in the case of a mortgage for a 
                        property with an appraised value in excess of 
                        $50,000 but not in excess of $125,000, 97.65 
                        percent of the appraised value of the property;
                            ``(III) in the case of a mortgage for a 
                        property with an appraised value in excess of 
                        $125,000, 97.15 percent of the appraised value 
                        of the property; or
                            ``(IV) notwithstanding subclauses (II) and 
                        (III), in the case of a mortgage for a property 
                        with an appraised value in excess of $50,000 
                        that is located in an area of the State for 
                        which the average closing cost exceeds 2.10 
                        percent of the average, for the State, of the 
                        sale price of properties located in the State 
                        for which mortgages have been executed, 97.75 
                        percent of the appraised value of the property.
                    ``(B) Average closing cost.--For purposes of this 
                paragraph, the term `average closing cost' means, with 
                respect to a State, the average, for mortgages executed 
                for properties that are located within the State, of 
                the total amounts (as determined by the Secretary) of 
                initial service charges, appraisal, inspection, and 
                other fees (as the Secretary shall approve) that are 
                paid in connection with such mortgages.''.
    Sec. 433. Delegation of Single Family Mortgage Insuring Authority 
to Direct Endorsement Mortgagees.--Title II of the National Housing Act 
(12 U.S.C. 1707 et seq.) is amended by adding at the end the following 
new section:

  ``delegation of insuring authority to direct endorsement mortgagees

    ``Sec. 256.(a) Authority.--The Secretary may delegate, to one or 
more mortgages approved by the Secretary under the direct endorsement 
program, the authority of the Secretary under this Act to insure 
mortgages involving property upon which there is located a dwelling 
designed principally for occupancy by 1 to 4 families.
    ``(b) Considerations.--In determining whether to delegate authority 
to a mortgagee under this section, the Secretary shall consider the 
experience and performance of the mortgagee compared to the default 
rate of all insured mortgages in comparable markets, and such other 
factors as the Secretary determines appropriate to minimize risk of 
loss to the insurance funds under this Act.
    ``(c) Enforcement of Insurance Requirements.--
            ``(1) In general.--If the Secretary determines that a 
        mortgage insured by a mortgagee pursuant to delegation of 
        authority under this section was not originated in accordance 
        with the requirements established by the Secretary, and the 
        Secretary pays an insurance claim with respect to the mortgage 
        within a reasonable period specified by the Secretary, the 
        Secretary may require the mortgagee approved under this section 
        to indemnify the Secretary for the loss.
            ``(2) Fraud or misrepresentation.--If fraud or 
        misrepresentation was involved in connection with the 
        origination, the Secretary may require the mortgagee approved 
        under this section to indemnify the Secretary for the loss 
        regardless of when an insurance claim is paid.
    ``(d) Termination of Mortgagee's Authority.--If a mortgagee to 
which the Secretary has made a delegation under this section violates 
the requirements and procedures established by the Secretary or the 
Secretary determines that other good cause exists, the Secretary may 
cancel a delegation of authority under this section to the mortgagee by 
giving notice to the mortgagee. Such a cancellation shall be effective 
upon receipt of the notice by the mortgagee or at a later date 
specified by the Secretary. A decision by the Secretary to cancel a 
delegation shall be final and conclusive and shall not be subject to 
judicial review.
    ``(e) Requirements and Procedures.--Before approving a delegation 
under this section, the Secretary shall issue regulations establishing 
appropriate requirements and procedures, including requirements and 
procedures governing the indemnification of the Secretary by the 
Mortgagee.''.
    (106)<DELETED>Sec. 433. None of the funds made available in this 
Act for the National Aeronautics and Space Administration may be used 
to carry out, or pay the salaries of personnel who carry out, the Bion 
11 and Bion 12 projects.

</DELETED>(107)SEC. 434. SENSE OF THE SENATE WITH REGARD TO COMPLIANCE 
              WITH INTERNATIONAL OBLIGATIONS.

    (a) Findings.--Congress finds that--
            (1) in response to a dispute settlement finding against the 
        United States by the World Trade Organization, the United 
        States informed the World Trade Organization on June 19, 1996, 
        that the United States intends to meet its international 
        obligations to the World Trade Organization with respect to the 
        Environmental Protection Agency's requirements on imported 
        reformulated and conventional gasoline;
            (2) the Environmental Protection Agency has initiated an 
        open process to examine any and all options for compliance with 
        international obligations of the United States in which a key 
        criterion will be fully protecting public health and the 
        environment; and
            (3) many United States environmental and industrial 
        organizations are concerned about the ``Regulation of Fuels and 
        Fuel Additives: Individual Foreign Refinery Baseline 
        Requirements for Reformulated Gasoline'' proposed on May 3, 
        1994 (59 Fed. Reg. 84).
    (b) Sense of the Senate.--It is the sense of the Senate that, in 
evaluating any option for compliance with international obligations, 
the Administrator of the Environmental Protection Agency should--
            (1) take fully into account the protection of public health 
        and the environment and the international obligations of the 
        United States as a member of the World Trade Organization;
            (2) ensure that the compliance review process not result in 
        the degradation of the gasoline quality required by the Clean 
        Air Act (42 U.S.C. 7401 et seq.) with respect to conventional 
        and reformulated gasoline;
            (3) not recognize individual foreign refiner baselines 
        unless the Administrator determines that the issues of 
        auditing, inspection of foreign facilities, and enforcement 
        have been adequately addressed; and
            (4) provide a full and open administrative process in the 
        formulation of any final rule.

(108)SEC. 435. IMPLEMENTATION OF COMPREHENSIVE CONSERVATION AND 
              MANAGEMENT PLANS.

    Notwithstanding section 320(g) of the Federal Water Pollution 
Control Act (33 U.S.C. 1330(g)), funds made available pursuant to 
authorization under such section for fiscal year 1997 and prior fiscal 
years may be used for implementing comprehensive conservation and 
management plans.
    (109)Sec. 436. (a) <DELETED>Plan</DELETED>.--(1) The Secretary of 
Veterans Affairs shall develop a plan for the allocation of health care 
resources (including personnel and funds) of the Department of Veterans 
Affairs among the health care Networks of the Department so as to 
ensure that veterans who have similar economic status and eligibility 
priority and who are eligible for medical care have similar access to 
such care regardless of the region of the United States in which such 
veterans reside.
    (2) The plan shall--
            (A) reflect, to the maximum extent possible, the Veterans 
        Integrated Service Network developed by the Department to 
        account for forecasts in expected workload and to ensure 
        fairness to facilities that provide cost-efficient health care; 
        and
            (B) include--
                    (i) procedures to identify reasons for variations 
                in operating costs among similar facilities where 
                Network allocations are based on similar unit costs for 
                similar services and workload;
                    (ii) ways to improve the allocation of resources so 
                as to promote efficient use of resources and provision 
                of quality health care;
                    (iii) adjustments to unit costs in subsection (a) 
                to reflect factors which directly influence the cost of 
                health care delivery within each Network and where such 
                factors are not under the control of Network or 
                Department management; and
                    (iv) include forecasts in expected workload and 
                consideration of the demand for VA health care that may 
                not be reflected in current workload projections.
    (3) The Secretary shall prepare the plan in consultation with the 
Under Secretary of Health of the Department of Veterans Affairs.
    (b) Plan Elements.--The plan under subsection (a) shall set forth--
            (1) milestones for achieving the goal referred to in 
        paragraph (1) of that subsection; and
            (2) a means of evaluating the success of the Secretary in 
        meeting the goal.
    (c) Submittal to Congress.--The Secretary shall submit to Congress 
the plan developed under subsection (a) not later than 180 days after 
the date of the enactment of this Act.
    (d) Implementation.--The Secretary shall implement the plan 
developed under subsection (a) not later than 60 days after submitting 
the plan to Congress under subsection (c), unless within that time the 
Secretary notifies Congress that the plan will not be implemented in 
that time and includes with the notification an explanation why the 
plan will not be implemented in that time.
    (110)Sec. 437. GAO Audit on Staffing and Contracting.--The 
Comptroller General shall audit the operations of the Office of Federal 
Housing Enterprise Oversight concerning staff organization, expertise, 
capacity, and contracting authority to ensure that the office resources 
and contract authority are adequate and that they are being used 
appropriately to ensure that the Federal National Mortgage Association 
and the Federal Home Loan Mortgage Corporation are adequately 
capitalized and operating safely.
    (111)Sec. 438. None of the funds appropriated or otherwise made 
available to the National Aeronautics and Space Administration by this 
Act, or any other Act enacted before the date of the enactment of this 
Act, may be used by the Administrator of the National Aeronautics and 
Space Administration to relocate aircraft of the National Aeronautics 
and Space Administration to Dryden Flight Research Center, California, 
for purposes of the consolidation of such aircraft.
    (112)Sec. 439. Revision of Name of Japan-United States Friendship 
Commission.--(1)(A) The first sentence of section 4(a) of the Japan-
United States Friendship Act (22 U.S.C. 2903(a)) is amended by striking 
out ``Japan-United States Friendship Commission'' and inserting in lieu 
thereof ``United States-Japan Commission''.
    (B) The section heading of such section is amended to read as 
follows:

``UNITED STATES-JAPAN COMMISSION''.

    (2) Subsection (c) of section 3 of that Act (22 U.S.C. 2902) is 
amended by striking out ``Japan-United States Friendship Commission'' 
and inserting in lieu thereof ``United States-Japan Commission''.
    (3) Any reference to the Japan-United States Friendship Commission 
in any Federal law, Executive order, regulation, delegation of 
authority, or other document shall be deemed to refer to the United 
States-Japan Commission.
    (113)Sec. 440. (a) Subject to the concurrence of the Administrator 
of the General Services Administration (GSA) and notwithstanding 
section 707 of Public Law 103-433, the Administrator of the National 
Aeronautics and Space Administration may convey to the city of Downey, 
California, all right, title, and interest of the United States in and 
to a parcel of real property, including improvements thereon, 
consisting of approximately 60 acres and known as Parcels III, IV, V, 
and VI of the NASA Industrial Plant, Downey, California.
    (b)(1) Delay in payment of consideration.--After the end of the 20-
year period beginning on the date on which the conveyance under 
subsection (a) is completed, the City of Downey shall pay to the United 
States an amount equal to fair market value of the conveyed property as 
of the date of the conveyance from NASA.
    (2) Effect of reconveyance by the city.--If the City of Downey 
reconveys all or any part of the conveyed property during such 20-year 
period, the City shall pay to the United States an amount equal to the 
fair market value of the reconveyed property as of the time of the 
reconveyance, excluding the value of any improvements made to the 
property by the City.
    (3) Determination of fair market value.--The Administrator of NASA 
shall determine fair market value in accordance with Federal appraisal 
standards and procedures.
    (4) Treatment of leases.--The Administrator of NASA may treat a 
lease of the property within such 20-year period as a reconveyance if 
the Administrator determines that the lease is being used to avoid 
application of paragraph (b)(2).
    (5) Deposit of proceeds.--The Administrator of NASA shall deposit 
any proceeds received under this subsection in the special account 
established pursuant to section 204(h)(2) of the Federal Property and 
Administrative Services Act of 1949 (40 U.S.C. 485(h)(2)).
    (c) The exact acreage and legal description of the real property to 
be conveyed under subsection (a) shall be determined by a survey 
satisfactory to the Administrator. The cost of the survey shall be 
borne by the City of Downey, California.
    (d) The Administrator may require such additional terms and 
conditions in connection with the conveyance under subsection (a) as 
the Administrator considers appropriate to protect the interests of the 
United States.
    (e) If the City at any time after the conveyance of the property 
under subsection (a) notifies the Administrator that the City no longer 
wishes to retain the property, it may convey the property under the 
terms of subsection (b), or, it may revert all right, title, and 
interest in and to the property (including any facilities, equipment, 
or fixtures conveyed, but excluding the value of any improvements made 
to the property by the City) to the United States, and the United 
States shall have the right of immediate entry onto the property.

                              (114)TITLE V

                              SUPPLEMENTAL

                  (115)DEPARTMENT OF VETERANS AFFAIRS

                    Veterans Benefits Administration

                       compensation and pensions

    For an additional amount for ``Compensation and Pensions'', 
$100,000,000, to be made available upon enactment of this Act, to 
remain available until expended.

            (116)DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

                Government National Mortgage Association

guarantees of mortgage backed securities loan guarantee program account

    During fiscal year 1996 and in addition to commitments previously 
provided, additional commitments to issue guarantees to carry out 
section 306 of the National Housing Act, as amended (12 U.S.C. 
1721(g)), shall not exceed $20,000,000,000.

  (117)TITLE VI--NEWBORNS' AND MOTHERS' HEALTH PROTECTION ACT OF 1996

SEC. 601. SHORT TITLE.

    This title may be cited as the ``Newborns' and Mothers' Health 
Protection Act of 1996''.

SEC. 602. FINDINGS.

    Congress finds that--
            (1) the length of post-delivery inpatient care should be 
        based on the unique characteristics of each mother and her 
        newborn child, taking into consideration the health of the 
        mother, the health and stability of the newborn, the ability 
        and confidence of the mother and father to care for the 
        newborn, the adequacy of support systems at home, and the 
        access of the mother and newborn to appropriate follow-up 
        health care; and
            (2) the timing of the discharge of a mother and her newborn 
        child from the hospital should be made by the attending 
        provider in consultation with the mother.

SEC. 603. REQUIRED COVERAGE FOR MINIMUM HOSPITAL STAY FOLLOWING BIRTH.

    (a) In General.--Except as provided in subsection (b), a health 
plan or an employee health benefit plan that provides maternity 
benefits, including benefits for childbirth, shall ensure that coverage 
is provided with respect to a mother who is a participant, beneficiary, 
or policyholder under such plan and her newborn child for a minimum of 
48 hours of inpatient length of stay following a normal vaginal 
delivery, and a minimum of 96 hours of inpatient length of stay 
following a caesarean section, without requiring the attending provider 
to obtain authorization from the health plan or employee health benefit 
plan.
    (b) Exception.--Notwithstanding subsection (a), a health plan or an 
employee health benefit plan shall not be required to provide coverage 
for post-delivery inpatient length of stay for a mother who is a 
participant, beneficiary, or policyholder under such plan and her 
newborn child for the period referred to in subsection (a) if--
            (1) a decision to discharge the mother and her newborn 
        child prior to the expiration of such period is made by the 
        attending provider in consultation with the mother; and
            (2) the health plan or employee health benefit plan 
        provides coverage for post-delivery follow-up care as described 
        in section 604.

SEC. 604. POST-DELIVERY FOLLOW-UP CARE.

    (a) In General.--
            (1) General rule.--In the case of a decision to discharge a 
        mother and her newborn child from the inpatient setting prior 
        to the expiration of 48 hours following a normal vaginal 
        delivery or 96 hours following a caesarean section, the health 
        plan or employee health benefit plan shall provide coverage for 
        timely post-delivery care. Such health care shall be provided 
        to a mother and her newborn child by a registered nurse, 
        physician, nurse practitioner, nurse midwife or physician 
        assistant experienced in maternal and child health in--
                    (A) the home, a provider's office, a hospital, a 
                birthing center, an intermediate care facility, a 
                federally qualified health center, a federally 
                qualified rural health clinic, or a State health 
                department maternity clinic; or
                    (B) another setting determined appropriate under 
                regulations promulgated by the Secretary, in 
                consultation with the Secretary of Health and Human 
                Services.
        The attending provider in consultation with the mother shall 
        decide the most appropriate location for follow-up care.
            (2) Considerations by secretary.--In promulgating 
        regulations under paragraph (1)(B), the Secretary shall 
        consider telemedicine and other innovative means to provide 
        follow-up care and shall consider care in both urban and rural 
        settings.
    (b) Timely Care.--As used in subsection (a), the term ``timely 
post-delivery care'' means health care that is provided--
            (1) following the discharge of a mother and her newborn 
        child from the inpatient setting; and
            (2) in a manner that meets the health care needs of the 
        mother and her newborn child, that provides for the appropriate 
        monitoring of the conditions of the mother and child, and that 
        occurs not later than the 72-hour period immediately following 
        discharge.
    (c) Consistency With State Law.--The Secretary shall, with respect 
to regulations promulgated under subsection (a) concerning appropriate 
post-delivery care settings, ensure that, to the extent practicable, 
such regulations are consistent with State licensing and practice laws.

SEC. 605. PROHIBITIONS.

    In implementing the requirements of this title, a health plan or an 
employee health benefit plan may not--
            (1) deny enrollment, renewal, or continued coverage to a 
        mother and her newborn child who are participants, 
        beneficiaries or policyholders based on compliance with this 
        title;
            (2) provide monetary payments or rebates to mothers to 
        encourage such mothers to request less than the minimum 
        coverage required under this title;
            (3) penalize or otherwise reduce or limit the reimbursement 
        of an attending provider because such provider provided 
        treatment to an individual patient in accordance with this 
        title; or
            (4) provide incentives (monetary or otherwise) to an 
        attending provider to induce such provider to provide treatment 
        to an individual policyholder, participant, or beneficiary in a 
        manner inconsistent with this title.

SEC. 606. NOTICE.

    (a) Employee Health Benefit Plan.--An employee health benefit plan 
shall provide conspicuous notice to each participant regarding coverage 
required under this Act not later than 120 days after the date of 
enactment of this title, and as part of its summary plan description.
    (b) Health Plan.--A health plan shall provide notice to each 
policyholder regarding coverage required under this title. Such notice 
shall be in writing, prominently positioned, and be transmitted--
            (1) in a mailing made within 120 days of the date of 
        enactment of this title by such plan to the policyholder; and
            (2) as part of the annual informational packet sent to the 
        policyholder.

SEC. 607. APPLICABILITY.

    (a) Construction.--
            (1) In general.--A requirement or standard imposed under 
        this title on a health plan shall be deemed to be a requirement 
        or standard imposed on the health plan issuer. Such 
        requirements or standards shall be enforced by the State 
        insurance commissioner for the State involved or the official 
        or officials designated by the State to enforce the 
        requirements of this title. In the case of a health plan 
        offered by a health plan issuer in connection with an employee 
        health benefit plan, the requirements or standards imposed 
        under this title shall be enforced with respect to the health 
        plan issuer by the State insurance commissioner for the State 
        involved or the official or officials designated by the State 
        to enforce the requirements of this title.
            (2) Limitation.--Except as provided in section 608(c), the 
        Secretary shall not enforce the requirements or standards of 
        this title as they relate to health plan issuers or health 
        plans. In no case shall a State enforce the requirements or 
        standards of this title as they relate to employee health 
        benefit plans.
    (b) ERISA.--Nothing in this title shall be construed to affect or 
modify the provisions of section 514 of the Employee Retirement Income 
Security Act of 1974 (29 U.S.C. 1144).
    (c) Effect on Mother.--Nothing in this title shall be construed to 
require that a mother who is a participant, beneficiary, or 
policyholder covered under this title--
            (1) give birth in a hospital; or
            (2) stay in the hospital for a fixed period of time 
        following the birth of her child.
    (d) Level and Type of Reimbursements.--Nothing in this title shall 
be construed to prevent a health plan or an employee health benefit 
plan from negotiating the level and type of reimbursement with an 
attending provider for care provided in accordance with this title.

SEC. 608. ENFORCEMENT.

    (a) Health Plan Issuers.--Each State shall require that each health 
plan issued, sold, renewed, offered for sale or operated in such State 
by a health plan issuer meet the standards established under this 
title. A State shall submit such information as required by the 
Secretary demonstrating effective implementation of the requirements of 
this title.
    (b) Employee Health Benefit Plans.--With respect to employee health 
benefit plans, the standards established under this title shall be 
enforced in the same manner as provided for under sections 502, 504, 
506, and 510 of the Employee Retirement Income Security Act of 1974 (29 
U.S.C. 1132, 1134, 1136, and 1140). The civil penalties contained in 
paragraphs (1) and (2) of section 502(c) of such Act (29 U.S.C. 
1132(c)(1) and (2)) shall apply to any information required by the 
Secretary to be disclosed and reported under this section.
    (c) Failure to Enforce.--In the case of the failure of a State to 
substantially enforce the standards and requirements set forth in this 
title with respect to health plans, the Secretary, in consultation with 
the Secretary of Health and Human Services, shall enforce the standards 
of this title in such State. In the case of a State that fails to 
substantially enforce the standards set forth in this title, each 
health plan issuer operating in such State shall be subject to civil 
enforcement as provided for under sections 502, 504, 506, and 510 of 
the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1132, 
1134, 1136, and 1140). The civil penalties contained in paragraphs (1) 
and (2) of section 502(c) of such Act (29 U.S.C. 1132(c)(1) and (2)) 
shall apply to any information required by the Secretary to be 
disclosed and reported under this section.
    (d) Regulations.--The Secretary, in consultation with the Secretary 
of Health and Human Services, may promulgate such regulations as may be 
necessary or appropriate to carry out this title.

SEC. 609. DEFINITIONS.

    As used in this title:
            (1) Attending provider.--The term ``attending provider'' 
        shall include--
                    (A) the obstetrician-gynecologists, pediatricians, 
                family physicians, and other physicians primarily 
                responsible for the care of a mother and newborn; and
                    (B) the nurse midwives and nurse practitioners 
                primarily responsible for the care of a mother and her 
                newborn child in accordance with State licensure and 
                certification laws.
            (2) Beneficiary.--The term ``beneficiary'' has the meaning 
        given such term under section 3(8) of the Employee Retirement 
        Income Security Act of 1974 (29 U.S.C. 1002(8)).
            (3) Employee health benefit plan.--
                    (A) In general.--The term ``employee health benefit 
                plan'' means any employee welfare benefit plan, 
                governmental plan, or church plan (as defined under 
                paragraphs (1), (32), and (33) of section 3 of the 
                Employee Retirement Income Security Act of 1974 (29 
                U.S.C. 1002 (1), (32), and (33))) that provides or pays 
                for health benefits (such as provider and hospital 
                benefits) for participants and beneficiaries whether--
                            (i) directly;
                            (ii) through a health plan offered by a 
                        health plan issuer as defined in paragraph (4); 
                        or
                            (iii) otherwise.
                    (B) Rule of construction.--An employee health 
                benefit plan shall not be construed to be a health plan 
                or a health plan issuer.
                    (C) Arrangements not included.--Such term does not 
                include the following, or any combination thereof:
                            (i) Coverage only for accident, or 
                        disability income insurance, or any combination 
                        thereof.
                            (ii) Medicare supplemental health insurance 
                        (as defined under section 1882(g)(1) of the 
                        Social Security Act).
                            (iii) Coverage issued as a supplement to 
                        liability insurance.
                            (iv) Liability insurance, including general 
                        liability insurance and automobile liability 
                        insurance.
                            (v) Workers compensation or similar 
                        insurance.
                            (vi) Automobile medical payment insurance.
                            (vii) Coverage for a specified disease or 
                        illness.
                            (viii) Hospital or fixed indemnity 
                        insurance.
                            (ix) Short-term limited duration insurance.
                            (x) Credit-only, dental-only, or vision-
                        only insurance.
                            (xi) A health insurance policy providing 
                        benefits only for long-term care, nursing home 
                        care, home health care, community-based care, 
                        or any combination thereof.
            (4) Group purchaser.--The term ``group purchaser'' means 
        any person (as defined under paragraph (9) of section 3 of the 
        Employee Retirement Income Security Act of 1974 (29 U.S.C. 
        1002(9)) or entity that purchases or pays for health benefits 
        (such as provider or hospital benefits) on behalf of 
        participants or beneficiaries in connection with an employee 
        health benefit plan.
            (5) Health plan.--
                    (A) In general.--The term ``health plan'' means any 
                group health plan or individual health plan.
                    (B) Group health plan.--The term ``group health 
                plan'' means any contract, policy, certificate or other 
                arrangement offered by a health plan issuer to a group 
                purchaser that provides or pays for health benefits 
                (such as provider and hospital benefits) in connection 
                with an employee health benefit plan.
                    (C) Individual health plan.--The term ``individual 
                health plan'' means any contract, policy, certificate 
                or other arrangement offered to individuals by a health 
                plan issuer that provides or pays for health benefits 
                (such as provider and hospital benefits) and that is 
                not a group health plan.
                    (D) Arrangements not included.--Such term does not 
                include the following, or any combination thereof:
                            (i) Coverage only for accident, or 
                        disability income insurance, or any combination 
                        thereof.
                            (ii) Medicare supplemental health insurance 
                        (as defined under section 1882(g)(1) of the 
                        Social Security Act).
                            (iii) Coverage issued as a supplement to 
                        liability insurance.
                            (iv) Liability insurance, including general 
                        liability insurance and automobile liability 
                        insurance.
                            (v) Workers compensation or similar 
                        insurance.
                            (vi) Automobile medical payment insurance.
                            (vii) Coverage for a specified disease or 
                        illness.
                            (viii) Hospital or fixed indemnity 
                        insurance.
                            (ix) Short-term limited duration insurance.
                            (x) Credit-only, dental-only, or vision-
                        only insurance.
                            (xi) A health insurance policy providing 
                        benefits only for long-term care, nursing home 
                        care, home health care, community-based care, 
                        or any combination thereof.
                    (E) Certain plans included.--Such term includes any 
                plan or arrangement not described in any clause of 
                subparagraph (D) which provides for benefit payments, 
                on a periodic basis, for--
                            (i) a specified disease or illness, or
                            (ii) a period of hospitalization,
                without regard to the costs incurred or services 
                rendered during the period to which the payments 
                relate.
            (6) Health plan issuer.--The term ``health plan issuer'' 
        means any entity that is licensed (prior to or after the date 
        of enactment of this title) by a State to offer a health plan.
            (7) Participant.--The term ``participant'' has the meaning 
        given such term under section 3(7) of the Employee Retirement 
        Income Security Act of 1974 (29 U.S.C. 1002(7)).
            (8) Secretary.--The term ``Secretary'' unless otherwise 
        specified means the Secretary of Labor.

SEC. 610. PREEMPTION.

    (a) In General.--The provisions of sections 603, 605, and 606 
relating to inpatient care shall not preempt a State law or 
regulation--
            (1) that provides greater protections to patients or 
        policyholders than those required in this title;
            (2) that requires health plans to provide coverage for at 
        least 48 hours of inpatient length of stay following a normal 
        vaginal delivery, and at least 96 hours of inpatient length of 
        stay following a caesarean section;
            (3) that requires health plans to provide coverage for 
        maternity and pediatric care in accordance with guidelines 
        established by the American College of Obstetricians and 
        Gynecologists, the American Academy of Pediatrics, or other 
        established professional medical associations; or
            (4) that leaves decisions regarding appropriate length of 
        stay entirely to the attending provider, in consultation with 
        the mother.
    (b) Follow-Up Care.--The provisions of section 604 relating to 
follow-up care shall not preempt those provisions of State law or 
regulation that provide comparable or greater protection to patients or 
policyholders than those required under this title or that provide 
mothers and newborns with an option of timely post delivery follow-up 
care (as defined in section 604(b)) in the home.
    (c) Employee Health Benefit Plans.--Nothing in this section affects 
the application of this title to employee health benefit plans, as 
defined in section 609(3).

SEC. 611. REPORTS TO CONGRESS CONCERNING CHILDBIRTH.

    (a) Findings.--Congress finds that--
            (1) childbirth is one part of a continuum of experience 
        that includes prepregnancy, pregnancy and prenatal care, labor 
        and delivery, the immediate postpartum period, and a longer 
        period of adjustment for the newborn, the mother, and the 
        family;
            (2) health care practices across this continuum are 
        changing in response to health care financing and delivery 
        system changes, science and clinical research, and patient 
        preferences; and
            (3) there is a need to--
                    (A) examine the issues and consequences associated 
                with the length of hospital stays following childbirth;
                    (B) examine the follow-up practices for mothers and 
                newborns used in conjunction with shorter hospital 
                stays;
                    (C) identify appropriate health care practices and 
                procedures with regard to the hospital discharge of 
                newborns and mothers;
                    (D) examine the extent to which such care is 
                affected by family and environmental factors; and
                    (E) examine the content of care during hospital 
                stays following childbirth.
    (b) Advisory Panel.--
            (1) In general.--Not later than 90 days after the date of 
        enactment of this title, the Secretary of Health and Human 
        Services shall establish an advisory panel (hereafter referred 
        to in this section as the ``advisory panel'') to--
                    (A) guide and review methods, procedures, and data 
                collection necessary to conduct the study described in 
                subsection (c) that is intended to enhance the quality, 
                safety, and effectiveness of health care services 
                provided to mothers and newborns;
                    (B) develop a consensus among the members of the 
                advisory panel regarding the appropriateness of the 
                specific requirements of this title; and
                    (C) prepare and submit to the Secretary of Health 
                and Human Services, as part of the report of the 
                Secretary submitted under subsection (d), a report 
                summarizing the consensus developed under subparagraph 
                (B) if any, including the reasons for not reaching such 
                a consensus.
            (2) Participation.--
                    (A) Department representatives.--The Secretary of 
                Health and Human Services shall ensure that 
                representatives from within the Department of Health 
                and Human Services that have expertise in the area of 
                maternal and child health or in outcomes research are 
                appointed to the advisory panel established under 
                paragraph (1).
                    (B) Representatives of public and private sector 
                entities.--
                            (i) In general.--The Secretary of Health 
                        and Human Services shall ensure that members of 
                        the advisory panel include representatives of 
                        public and private sector entities having 
                        knowledge or experience in one or more of the 
                        following areas:
                                    (I) Patient care.
                                    (II) Patient education.
                                    (III) Quality assurance.
                                    (IV) Outcomes research.
                                    (V) Consumer issues.
                            (ii) Requirement.--The panel shall include 
                        representatives from each of the following 
                        categories:
                                    (I) Health care practitioners.
                                    (II) Health plans.
                                    (III) Hospitals.
                                    (IV) Employers.
                                    (V) States.
                                    (VI) Consumers.
    (c) Studies.--
            (1) In general.--The Secretary of Health and Human Services 
        shall conduct a study of--
                    (A) the factors affecting the continuum of care 
                with respect to maternal and child health care, 
                including outcomes following childbirth;
                    (B) the factors determining the length of hospital 
                stay following childbirth;
                    (C) the diversity of negative or positive outcomes 
                affecting mothers, infants, and families;
                    (D) the manner in which post natal care has changed 
                over time and the manner in which that care has adapted 
                or related to changes in the length of hospital stay, 
                taking into account--
                            (i) the types of post natal care available 
                        and the extent to which such care is accessed; 
                        and
                            (ii) the challenges associated with 
                        providing post natal care to all populations, 
                        including vulnerable populations, and solutions 
                        for overcoming these challenges; and
                    (E) the financial incentives that may--
                            (i) impact the health of newborns and 
                        mothers; and
                            (ii) influence the clinical decisionmaking 
                        of health care providers.
            (2) Resources.--The Secretary of Health and Human Services 
        shall provide to the advisory panel the resources necessary to 
        carry out the duties of the advisory panel.
    (d) Reports.--
            (1) In general.--The Secretary of Health and Human Services 
        shall prepare and submit to the Committee on Labor and Human 
        Resources of the Senate and the Committee on Commerce of the 
        House of Representatives a report that contains--
                    (A) a summary of the study conducted under 
                subsection (c);
                    (B) a summary of the best practices used in the 
                public and private sectors for the care of newborns and 
                mothers;
                    (C) recommendations for improvements in prenatal 
                care, post natal care, delivery and follow-up care, and 
                whether the implementation of such improvements should 
                be accomplished by the private health care sector, 
                Federal or State governments, or any combination 
                thereof; and
                    (D) limitations on the databases in existence on 
                the date of enactment of this title.
            (2) Submission of reports.--The Secretary of Health and 
        Human Services shall prepare and submit to the Committees 
        referred to in paragraph (1)--
                    (A) an initial report concerning the study 
                conducted under subsection (c) and the report required 
                under subsection (d), not later than 18 months after 
                the date of enactment of this title;
                    (B) an interim report concerning such study and 
                report not later than 3 years after the date of 
                enactment of this title; and
                    (C) a final report concerning such study and report 
                not later than 5 years after the date of enactment of 
                this title.
    (e) Termination of Panel.--The advisory panel shall terminate on 
the date that occurs 60 days after the date on which the last report is 
submitted under this section.

SEC. 612. SALE OF GOVERNORS ISLAND, NEW YORK.

    (a) In General.--Notwithstanding any other provision of law, the 
Administrator of General Services shall dispose of by sale at fair 
market value all rights, title, and interests of the United States in 
and to the land of, and improvements to, Governors Island, New York.
    (b) Right of First Refusal.--Before a sale is made under subsection 
(a) to any other parties, the State of New York and the city of New 
York shall be given the right of first refusal to purchase all or part 
of Governors Island. Such right may be exercised by either the State of 
New York or the city of New York or by both parties acting jointly.
    (c) Proceeds.--Proceeds from the disposal of Governors Island under 
subsection (a) shall be deposited in the general fund of the Treasury 
and credited as miscellaneous receipts.

SEC. 613. SALE OF AIR RIGHTS.

    (a) In General.--Notwithstanding any other provision of law, the 
Administrator of General Services shall sell, at fair market value and 
in a manner to be determined by the Administrator, the air rights 
adjacent to Washington Union Station described in subsection (b), 
including air rights conveyed to the Administrator under subsection 
(d). The Administrator shall complete the sale by such date as is 
necessary to ensure that the proceeds from the sale will be deposited 
in accordance with subsection (c).
    (b) Description.--The air rights referred to in subsection (a) 
total approximately 16.5 acres and are depicted on the plat map of the 
District of Columbia as follows:
            (1) Part of lot 172, square 720.
            (2) Part of lots 172 and 823, square 720.
            (3) Part of lot 811, square 717.
    (c) Proceeds.--Before September 30, 1997, proceeds from the sale of 
air rights under subsection (a) shall be deposited in the general fund 
of the Treasury and credited as miscellaneous receipts.
    (d) Conveyance of Amtrak Air Rights.--
            (1) General rule.--As a condition of future Federal 
        financial assistance, Amtrak shall convey to the Administrator 
        of General Services on or before December 31, 1996, at no 
        charge, all of the air rights of Amtrak described in subsection 
        (b).
            (2) Failure to comply.--If Amtrak does not meet the 
        condition established by paragraph (1), Amtrak shall be 
        prohibited from obligating Federal funds after March 1, 1997.

SEC. 614. EFFECTIVE DATE.

    Except as otherwise provided for in this title, the provisions of 
this title shall apply as follows:
            (1) With respect to health plans, such provisions shall 
        apply to such plans on the first day of the contract year 
        beginning on or after January 1, 1998.
            (2) With respect to employee health benefit plans, such 
        provisions shall apply to such plans on the first day of the 
        first plan year beginning on or after January 1, 1998.

                  (118)TITLE VII--MENTAL HEALTH PARITY

SEC. 701. SHORT TITLE.

    This title may be cited as the ``Mental Health Parity Act of 
1996''.

SEC. 702. PLAN PROTECTIONS FOR INDIVIDUALS WITH A MENTAL ILLNESS.

    (a) Permissible Coverage Limits Under a Group Health Plan.--
            (1) Aggregate lifetime limits.--
                    (A) In general.--With respect to a group health 
                plan offered by a health insurance issuer, that applies 
                an aggregate lifetime limit to plan payments for 
                medical or surgical services covered under the plan, if 
                such plan also provides a mental health benefit such 
                plan shall--
                            (i) include plan payments made for mental 
                        health services under the plan in such 
                        aggregate lifetime limit; or
                            (ii) establish a separate aggregate 
                        lifetime limit applicable to plan payments for 
                        mental health services under which the dollar 
                        amount of such limit (with respect to mental 
                        health services) is equal to or greater than 
                        the dollar amount of the aggregate lifetime 
                        limit on plan payments for medical or surgical 
                        services.
                    (B) No lifetime limit.--With respect to a group 
                health plan offered by a health insurance issuer, that 
                does not apply an aggregate lifetime limit to plan 
                payments for medical or surgical services covered under 
                the plan, such plan may not apply an aggregate lifetime 
                limit to plan payments for mental health services 
                covered under the plan.
            (2) Annual limits.--
                    (A) In general.--With respect to a group health 
                plan offered by a health insurance issuer, that applies 
                an annual limit to plan payments for medical or 
                surgical services covered under the plan, if such plan 
                also provides a mental health benefit such plan shall--
                            (i) include plan payments made for mental 
                        health services under the plan in such annual 
                        limit; or
                            (ii) establish a separate annual limit 
                        applicable to plan payments for mental health 
                        services under which the dollar amount of such 
                        limit (with respect to mental health services) 
                        is equal to or greater than the dollar amount 
                        of the annual limit on plan payments for 
                        medical or surgical services.
                    (B) No annual limit.--With respect to a group 
                health plan offered by a health insurance issuer, that 
                does not apply an annual limit to plan payments for 
                medical or surgical services covered under the plan, 
                such plan may not apply an annual limit to plan 
                payments for mental health services covered under the 
                plan.
    (b) Rule of Construction.--
            (1) In general.--Nothing in this section shall be construed 
        as prohibiting a group health plan offered by a health 
        insurance issuer, from--
                    (A) utilizing other forms of cost containment not 
                prohibited under subsection (a); or
                    (B) applying requirements that make distinctions 
                between acute care and chronic care.
            (2) Nonapplicability.--This section shall not apply to--
                    (A) substance abuse or chemical dependency 
                benefits; or
                    (B) health benefits or health plans paid for under 
                title XVIII or XIX of the Social Security Act.
            (3) State law.--Nothing in this section shall be construed 
        to preempt any State law that provides for greater parity with 
        respect to mental health benefits than that required under this 
        section.
    (c) Small Employer Exemption.--
            (1) In general.--This section shall not apply to plans 
        maintained by employers that employ less than 26 employees.
            (2) Application of certain rules in determination of 
        employer size.--For purposes of this subsection--
                    (A) Application of aggregation rule for 
                employers.--All persons treated as a single employer 
                under subsection (b), (c), (m), or (o) of section 414 
                of the Internal Revenue Code of 1986 shall be treated 
                as 1 employer.
                    (B) Employers not in existence in preceding year.--
                In the case of an employer which was not in existence 
                throughout the preceding calendar year, the 
                determination of whether such employer is a small 
                employer shall be based on the average number of 
                employees that it is reasonably expected such employer 
                will employ on business days in the current calendar 
                year.
                    (C) Predecessors.--Any reference in this subsection 
                to an employer shall include a reference to any 
                predecessor of such employer.

SEC. 703. DEFINITIONS.

    For purposes of this title:
            (1) Group health plan.--
                    (A) In general.--The term ``group health plan'' 
                means an employee welfare benefit plan (as defined in 
                section 3(1) of the Employee Retirement Income Security 
                Act of 1974) to the extent that the plan provides 
                medical care (as defined in paragraph (2)) and 
                including items and services paid for as medical care) 
                to employees or their dependents (as defined under the 
                terms of the plan) directly or through insurance, 
                reimbursement, or otherwise.
                    (B) Medical care.--The term ``medical care'' means 
                amounts paid for--
                            (i) the diagnosis, cure, mitigation, 
                        treatment, or prevention of disease, or amounts 
                        paid for the purpose of affecting any structure 
                        or function of the body,
                            (ii) amounts paid for transportation 
                        primarily for and essential to medical care 
                        referred to in clause (i), and
                            (iii) amounts paid for insurance covering 
                        medical care referred to in clauses (i) and 
                        (ii).
            (2) Health insurance coverage.--The term ``health insurance 
        coverage'' means benefits consisting of medical care (provided 
        directly, through insurance or reimbursement, or otherwise and 
        including items and services paid for as medical care) under 
        any hospital or medical service policy or certificate, hospital 
        or medical service plan contract, or health maintenance 
        organization contract offered by a health insurance issuer.
            (3) Health insurance issuer.--The term ``health insurance 
        issuer'' means an insurance company, insurance service, or 
        insurance organization (including a health maintenance 
        organization, as defined in paragraph (4)) which is licensed to 
        engage in the business of insurance in a State and which is 
        subject to State law which regulates insurance (within the 
        meaning of section 514(b)(2) of the Employee Retirement Income 
        Security Act of 1974), and includes a plan sponsor described in 
        section 3(16)(B) of the Employee Retirement Income Security Act 
        of 1974 in the case of a group health plan which is an employee 
        welfare benefit plan (as defined in section 3(1) of such Act). 
        Such term does not include a group health plan.
            (4) Health maintenance organization.--The term ``health 
        maintenance organization'' means--
                    (A) a federally qualified health maintenance 
                organization (as defined in section 1301(a) of the 
                Public Health Service Act),
                    (B) an organization recognized under State law as a 
                health maintenance organization, or
                    (C) a similar organization regulated under State 
                law for solvency in the same manner and to the same 
                extent as such a health maintenance organization.
            (5) State.--The term ``State'' means each of the several 
        States, the District of Columbia, Puerto Rico, the Virgin 
        Islands, Guam, American Samoa, and the Northern Mariana 
        Islands.

SEC. 704. SUNSET.

    Sections 701 through 703 shall cease to be effective on September 
30, 2001.

SEC. 705. FEDERAL EMPLOYEE HEALTH BENEFIT PROGRAM.

    For the Federal Employee Health Benefit Program, sections 701 
through 703 will take effect on October 1, 1997.

SEC. 706. EXEMPTION.

    Notwithstanding the provisions of this title, if the provisions of 
this title result in a 1 percent or greater increase in the cost of a 
group health plan's premiums, the purchaser is exempt from the 
provisions of this title.
    This Act may be cited as the ``Departments of Veterans Affairs and 
Housing and Urban Development, and Independent Agencies Appropriations 
Act, 1997''.

            Passed the House of Representatives June 26, 1996.

            Attest:

                                                ROBIN H. CARLE,

                                                                 Clerk.

            Passed the Senate September 5, 1996.

            Attest:

                                             KELLY D. JOHNSTON,

                                                             Secretary.
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