H. R. 3666—45
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 Gen-
eral’’, 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.
Upon the determination by the Administrator that such action
is necesssary, the Administrator may, with the approval of the
Office of Management and Budget, transfer not to exceed
$177,000,000 of funds made available in this Act to the National
Aeronautics and Space Administration for the International Space
Station between ‘‘Science, aeronautics and technology’’ and ‘‘Human
space flight’’, to be merged with and to be available for the same
purposes, and for the same time period, as the appropriation to
which transferred: Provided, That such authority may not be used
unless for higher priority items than those for which originally
appropriated: Provided further, That the Administrator of the
National Aeronautics and Space Administration shall notify the
Congress promptly of all transfers made pursuant to this authority.
NATIONAL CREDIT UNION ADMINISTRATION
CENTRAL LIQUIDITY FACILITY
During fiscal year 1997, gross obligations of the Central Liquid-
ity 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; $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
H. R. 3666—46
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 appro-
priated 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,
$619,000,000, to remain available until September 30, 1998: Pro-
vided, 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 ceil-
ings, 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: 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
H. R. 3666—47
the Neighborhood Reinvestment Corporation Act (42 U.S.C. 8101–
8107), $49,900,000.
SELECTIVE SERVICE SYSTEM
SALARIES AND EXPENSES
For necessary expenses of the Selective Service System, includ-
ing expenses of attendance at meetings and of training for uni-
formed 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, 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 per-
formed 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 adminis-
trative expenses of the Department of Housing and Urban Develop-
ment 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 serv-
ices 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
H. R. 3666—48
banks or any member thereof, Federal Home Loan banks, and
any insured bank within the meaning of the Federal Deposit Insur-
ance 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 certifi-
cation, and without such a voucher or abstract, is specifi-
cally authorized by law; and
(2) unless such expenditure is subject to audit by the Gen-
eral Accounting Office or is specifically exempt by law from
such audit.
SEC. 406. None of the funds provided in this Act to any depart-
ment 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 Govern-
ment 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 specifi-
cally 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. Noth-
ing 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 avail-
able 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.
H. R. 3666—49
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, evalua-
tions, 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 depart-
ment or agency.
SEC. 413. None of the funds provided in this Act to any depart-
ment 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 Appro-
priations 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.
H. R. 3666—50
SEC. 420. Corporations and agencies of the Department of Hous-
ing 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 corpora-
tions 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 pur-
chases are necessary to protect the financial interest of the United
States Government.
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.
‘‘§ 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.
‘‘§ 1802. Spina bifida conditions covered
‘‘This chapter applies with respect to all forms and manifesta-
tions of spina bifida except spina bifida occulta.
‘‘§ 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.
H. R. 3666—51
‘‘(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, sup-
plies, equipment, devices, appliances, assistive tech-
nology, 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 treat-
ment 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 treat-
ment 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 resi-
dence.
‘‘§ 1804. Vocational training and rehabilitation
‘‘(a) Pursuant to such regulations as the Secretary may pre-
scribe, the Secretary may provide vocational training under this
section to a child of a Vietnam veteran who is suffering from
H. R. 3666—52
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 pre-
pare 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 pro-
gram 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 addi-
tional months if the Secretary determines that the extension is
necessary in order for the child to achieve a vocational goal identi-
fied (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 assist-
ance under this section and chapter 35 of this title may not exceed
48 months (or the part-time equivalent thereof).
‘‘§ 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
H. R. 3666—53
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.
‘‘§ 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 With
Spina Bifida ........................................................................................... 1801’’.
(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 pen-
sion’’; 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
H. R. 3666—54
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 deter-
minations 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 applica-
tions and applications seeking to reopen, revise, reconsider, or other-
wise readjudicate on any basis claims for benefits under such section
1151 or any provision of law that is a predecessor of such section.
(c) Nothwithstanding subsection (b)(1), section 421(d), or any
other provision of this Act, section 421 and this section shall not
take effect until October 1, 1997, unless legislation other than
this Act is enacted to provide for an earlier effective date.
SEC. 423. The amount provided in title I for ‘‘Veterans Health
Administration—Medical Care’’ is hereby increased by $5,000,000.
SEC. 424. 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 a 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. 425. (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 Sec-
retary shall consider as cash or its equivalent any amounts bor-
rowed 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 mort-
gage’’.
H. R. 3666—55
(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 mortga-
gor 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.’’.
SEC. 426. 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 provi-
sion of this subsection, with respect to a mortgage
originated in the State of Alaska or the State of Hawaii
and endorsed for insurance in fiscal year 1997, involving
a principal obligation not in excess of the sum of—
‘‘(i) the amount of the mortgage insurance pre-
mium 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 mort-
gages 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. 427. 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:
H. R. 3666—56
‘‘DELEGATION OF INSURING AUTHORITY TO DIRECT ENDORSEMENT
MORTGAGEES
‘‘SEC. 256.(a) AUTHORITY.—The Secretary may delegate, to one
or more mortgagees 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 mort-
gage 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 misrepre-
sentation was involved in connection with the origination, the
Secretary may require the mortgagee approved under this sec-
tion 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 Sec-
retary or the Secretary determines that other good cause exists,
the Secretary may cancel a delegation of authority under this sec-
tion 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.’’.
SEC. 428. 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.
SEC. 429. (a) PLAN.—(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
H. R. 3666—57
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 fair-
ness 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 serv-
ices 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 manage-
ment; and
(iv) include forecasts in expected workload and consid-
eration of the demand for Veterans Administration health
care that may not be reflected in current workload projec-
tions.
(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 para-
graph (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 submit-
ting 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.
SEC. 430. 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 Cor-
poration are adequately capitalized and operating safely.
SEC. 431. 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 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 based east of the
H. R. 3666—58
Mississippi River to the Dryden Flight Research Center in
California for the purpose of the consolidation of such aircraft.
SEC. 
432. 
TO
PROMOTE
AND
SUPPORT
MANAGEMENT
REORGANIZATION
OF
THE
NATIONAL
AERONAUTICS
AND
SPACE
ADMINISTRATION.—(a) SHORT TITLE.—This section may be cited as
the ‘‘National Aeronautics and Space Administration Federal
Employment Reduction Assistance Act of 1996.’’.
(b) DEFINITIONS.—For the purpose of this section—
(1) the term ‘‘Administrator’’ means the Administrator of
the National Aeronautics and Space Administration; and
(2) the term ‘‘employee’’ means an employee of the National
Aeronautics and Space Administration serving under an
appointment without time limitation, who has been currently
employed with NASA for a continuous period of at least twelve
months, except that such term does not include—
(A) a reemployed annuitant under subchapter III of
chapter 83 or chapter 84 of title 5, United States Code,
or another retirement system for employees of the
Government;
(B) an employee who is in receipt of a specific notice
of involuntary separation for misconduct or unacceptable
performance;
(C) an employee who, upon completing an additional
period of service as referred to in section 3(b)(2)(B)(ii) of
the Federal Workforce Restructuring Act of 1994 (Public
Law 103–226; 108 Stat. 111), would qualify for a voluntary
separation incentive payment under section 3 of such
Act; or
(D) an employee who has previously received any vol-
untary separation incentive payment by the Federal
Government under this Act or any other authority and
has not repaid such payment.
(c) INCENTIVE PAYMENT PROGRAM.—In order to avoid or mini-
mize the need for involuntary separations due to a reduction in
force, installation closure, reorganization, transfer of function, or
other 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 eligible employees to separate
from service voluntarily (whether by retirement or resignation).
(d) INCENTIVE PAYMENTS.—In order to receive a voluntary sepa-
ration incentive payment, an employee must separate voluntarily
(whether by retirement or resignation) during the period of time
for which the payment of incentives has been authorized for the
employee under the agency plan. Such separation payments—
(1) shall be paid in a lump sum after the employee’s separa-
tion, and
(2) shall be equal to the lesser of—
(A) an amount equal to the amount the employee would
be entitled to receive under section 5595(c) of title 5, United
States Code, if the employee were entitled to payment
under such section; or
(B) an amount that shall not exceed $25,000;
(3) shall not be a basis for payment, and shall not be
included in the computation, of any other type of Government
benefit;