I
104TH CONGRESS
2D SESSION
H.R. 2880
Making appropriations for fiscal year 1996 to make a downpayment toward
a balanced budget, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JANUARY 25, 1996
Mr. LIVINGSTON introduced the following bill; which was referred to the
Committee on Appropriations
JANUARY 25, 1996
The Committee on Appropriations discharged; considered and passed
A BILL
Making appropriations for fiscal year 1996 to make a down-
payment toward a balanced budget, and for other pur-
poses.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
That the following sums are hereby appropriated, out of
any money in the Treasury not otherwise appropriated,
and out of applicable corporate or other revenues, receipts,
and funds, for the several departments, agencies, corpora-
tions, and other organizational units of Government for
the fiscal year 1996, and for other purposes, namely:
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TITLE I
SEC. 101. (a) Such amounts as may be necessary
under the authority and conditions provided in the appli-
cable appropriations Act for the fiscal year 1995 including
the authority and conditions provided in emergency sup-
plemental appropriations Acts for fiscal year 1995 for con-
tinuing projects or activities, except for those projects and
activities provided for in Public Law 104–91 and Public
Law 104–92, including the costs of direct loans and loan
guarantees (not otherwise specifically provided for in this
Act) which were conducted in the fiscal year 1995 and
for which appropriations, funds, or other authority would
be available in the following appropriations Act as passed
each House, excluding conference reports:
The Department of the Interior and Related
Agencies Appropriations Act, 1996; and
The Departments of Labor, Health and Human
Services, and Education, and Related Agencies Ap-
propriations Act, 1996:
Provided, That whenever the amount which would be made
available or the authority which would be granted in these
Acts is greater than that which would be available or
granted under current operations, the pertinent project or
activity shall be continued at a rate for operations not ex-
ceeding the current rate.
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(b) Whenever the amount which would be made avail-
able or the authority which would be granted under an
Act listed in this section as passed by the House as of
the date of enactment of this Act, is different from that
which would be available or granted under such Act as
passed by the Senate as of the date of enactment of this
Act, the pertinent project or activity shall be continued
at a rate for operations not exceeding the current rate or
the rate permitted by the action of the House or the Sen-
ate, whichever is lower, under the authority and conditions
provided in the applicable appropriations Act for the fiscal
year 1995: Provided, That where an item is not included
in either version or where an item is included in only one
version of the Act as passed by both Houses as of the
date of enactment of this Act, the pertinent project or ac-
tivity shall not be continued except as provided for in sec-
tion 111 under the appropriation, fund, or authority
granted by the applicable appropriations Act for the fiscal
year 1995 and under the authority and conditions pro-
vided in the applicable appropriations Act for the fiscal
year 1995.
(c) Whenever an Act listed in this section has been
passed by only the House or only the Senate as of the
date of enactment of this Act, the pertinent project or ac-
tivity shall be continued under the appropriation, fund, or
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authority granted by the one House at a rate for oper-
ations not exceeding the current rate or the rate permitted
by the action of the one House, whichever is lower, and
under the authority and conditions provided in the appli-
cable appropriations Act for the fiscal year 1995: Pro-
vided, That where an item is funded in the applicable ap-
propriations Act for the fiscal year 1995 and not included
in the version passed by the one House as of the date
of enactment of this Act, the pertinent project or activity
shall not be continued except as provided for in section
111 under the appropriation, fund, or authority granted
by the applicable appropriations Act for the fiscal year
1995 and under the authority and conditions provided in
the applicable appropriations Act for the fiscal year 1995.
SEC. 102. Appropriations made by section 101 shall
be available to the extent and in the manner which would
be provided by the pertinent appropriations Act.
SEC. 103. No appropriations or funds made available
or authority granted pursuant to section 101 shall be used
to initiate or resume any project or activity for which ap-
propriations, funds, or other authority were not available
during the fiscal year 1995.
SEC. 104. No provision which is included in an appro-
priations Act enumerated in section 101 but which was
not included in the applicable appropriations Act for fiscal
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year 1995 and which by its terms is applicable to more
than one appropriation, fund, or authority shall be appli-
cable to any appropriation, fund, or authority provided in
this title of this Act.
SEC. 105. Appropriations made and authority grant-
ed pursuant to this title of this Act shall cover all obliga-
tions or expenditures incurred for any program, project,
or activity during the period for which funds or authority
for such project or activity are available under this Act.
SEC. 106. Unless otherwise provided for in this title
of this Act or in the applicable appropriations Act, appro-
priations and funds made available and authority granted
pursuant to this title of this Act shall be available until
(a) enactment into law of an appropriation for any project
or activity provided for in this title of this Act, or (b) the
enactment into law of the applicable appropriations Act
without any provision for such project or activity, or (c)
March 15, 1996, whichever first occurs.
SEC. 107. This title of this Act shall be implemented
so that only the most limited funding action of that per-
mitted in title of this Act shall be taken in order to provide
for continuation of projects and activities.
SEC. 108. Expenditures made pursuant to this title
of this Act shall be charged to the applicable appropria-
tion, fund, or authorization whenever a bill in which such
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applicable appropriation, fund, or authorization is con-
tained is enacted into law.
SEC. 109. No provision in the appropriations Act for
the fiscal year 1996 referred to in section 101 of this Act
that makes the availability of any appropriation provided
therein dependent upon the enactment of additional au-
thorizing or other legislation shall be effective before the
date set forth in section 106(c) of this Act.
SEC. 110. Appropriations and funds made available
by or authority granted pursuant to this title of this Act
may be used without regard to the time limitations for
submission and approval of apportionments set forth in
section 1513 of title 31, United States Code, but nothing
herein shall be construed to waive any other provision of
law governing the apportionment of funds.
SEC. 111. Notwithstanding any other provision of
this title of this Act, except section 106, whenever an Act
listed in section 101 as passed by both the House and
the Senate as of the date of enactment of this Act, does
not include funding for an ongoing project or activity for
which there is a budget request, or whenever an Act listed
in section 101 has been passed by only the House or only
the Senate as of the date of enactment of this Act, and
an item funded in fiscal year 1995 is not included in the
version passed by the one House, or whenever the rate
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for operations provided by this section as the number of
days covered by this resolution bears to 366: Provided,
That the first sentence of section 112 shall not apply ex-
cept to furloughs that exceed one workday per pay period
for the affected workforce during the period of January
26, 1996 through March 15, 1996.
SEC. 113. Notwithstanding any other provision of
this title of this Act, except sections 106 and 111, for
those programs that had high initial rates of operation or
complete distribution of funding at the beginning of the
fiscal year in fiscal year 1995 because of distributions of
funding to States, foreign countries, grantees, or others,
similar distributions of funds for fiscal year 1996 shall
not be made and no grants shall be awarded for such pro-
grams funded by this title of this Act that would impinge
on final funding prerogatives.
SEC. 114. Notwithstanding any other provision of
this title of this Act, except section 106, any distribution
of funding under the Rehabilitation Services and Disabil-
ity Research account in the Department of Education may
be made up to an amount that bears the same ratio to
the rate for operation for this account provided by this
title of this Act as the number of days covered by this
title of this Act bears to 366.
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SEC. 115. Notwithstanding any other provision of
this Act, except section 106, the rate for operations of the
following projects or activities shall be only the minimum
necessary to accomplish orderly termination:
Child Development Associate Scholarships in
the Department of Health and Human Services;
Dependent Care Planning and Development in
the Department of Health and Human Services;
Law Related Education in the Department of
Education;
Dropout Prevention Demonstrations in the De-
partment of Education;
Aid for Institutional Development—Endowment
Grants in the Department of Education;
Aid for Institutional Development—Evaluation
in the Department of Education;
Native Hawaiian and Alaska Native Cultural
Arts;
Innovative Projects in Community Service in
the Department of Education;
Cooperative Education in the Department of
Education; and
Douglas Teacher Scholarships in the Depart-
ment of Education.
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SEC. 116. COMPENSATION AND RATIFICATION OF
AUTHORITY.—(a) Any Federal employees furloughed as a
result of a lapse in appropriations, if any, after midnight
November 13, 1995, until the enactment of this Act shall
be compensated at their standard rate of compensation for
the period during which there was a lapse in appropria-
tions.
All obligations incurred in anticipation of the appro-
priations made and the authority granted by this title of
this Act for the purposes of maintaining the essential level
of activity to protect life and property and bring about
orderly termination of Government functions are hereby
ratified and approved if otherwise in accord with the provi-
sions of this title of this Act.
SEC. 117. Notwithstanding any other provision of
this title of this Act, except section 106, upon enactment
of this Act any new grants or contracts for the following
programs shall be made at a level not to exceed a rate
of 75 per centum of prior monthly awards:
Department of Health and Human Services:
Health Resources and Services Administration:
Health Resources and Services:
Trauma Care
Health Care Facilities
Assistant Secretary for Health:
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Office of the Assistant Secretary for
Health:
National Vaccine Program
Health Care Reform Data Analysis
National AIDS Program Office
Health Care Financing Administration:
Program Management:
Essential Access Community
Hospitals
Administration for Children and Families:
Children and Families Services Program:
Youth Gang Substance Abuse
Advisory Board on Child Abuse and
Neglect
Child Welfare Research
Social Services Research
Homeless Service Grants
Community Schools (crime trust fund)
Administration on Aging:
Aging Services Programs:
Pension Counseling
Federal Council on Aging
White House Conference on Aging
Department of Education:
Education for the Disadvantaged:
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State School Improvement
School Improvement Programs:
Safe and Drug Free Schools and
Communities: National Program
Women’s Educational Equity
Bilingual and Immigrant Education:
Bilingual Education Support Services
Higher Education:
Faculty Development Fellowships
School, College, and University
Partnerships
Related Agencies:
Corporation for National and Community
Service:
Domestic Volunteer Service Programs,
Operating Expenses:
Senior Demonstration Program
National Education Standards and
Improvement Council.
SEC. 118. Notwithstanding any other provision of law
or this Act, upon enactment of this Act the Secretary of
each cabinet level department other than State, Defense,
Ambassador to the United Nations, and Central Intel-
ligence shall not obligate a total amount of funds for their
individual official travel expenses for fiscal year 1996 that
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would be greater than 110 per centum of the average total
amount of the individual official travel expenses of the rel-
evant departmental secretary for the fiscal years 1990
through 1995.
SEC. 119. Notwithstanding any other provision of law
or of this title of this Act, the maximum Pell Grant for
which a student shall be eligible under the Higher Edu-
cation Act of 1965, as amended, during award year 1996–
1997 shall be at least $2,440.
SEC. 120. Notwithstanding any other provision of
law, the first proviso under the heading ‘‘Education for
the disadvantaged’’ in title III of H.R. 2127, as passed
by the House of Representatives, shall take effect upon
enactment of this Act.
SEC. 121. 501 FIRST STREET SE., DISTRICT OF
COLUMBIA.
(a) DISPOSAL OF REAL PROPERTY.—
(1) IN GENERAL.—The Architect of the Capitol
shall dispose of by sale at fair market value all right,
title, and interest of the United States in and to the
parcel of real property described in paragraph (9),
including all improvements to such real property.
Such disposal shall be made by quitclaim deed.
(2) HOUSE OFFICE BUILDING COMMISSION.—
The Architect of the Capitol shall carry out this sec-
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tion under the direction of the House Office Build-
ing Commission.
(3) PROCEDURES.—Notwithstanding any other
provision of law, the disposal under paragraph (1)
shall be made in accordance with such procedures as
the Architect of the Capitol determines appropriate.
(4) SENSE OF CONGRESS.—It is the sense of
Congress that the child care center of the House of
Representatives should remain in operation during
the implementation of this section.
(5) TERMS
AND
CONDITIONS.—The deed of
conveyance for the property to be disposed of under
paragraph (1) shall contain such terms and condi-
tions as the Architect of the Capitol determines are
necessary to protect the interests of the United
States.
(6) DEPOSIT OF PROCEEDS.—All proceeds from
the disposal under paragraph (1) shall be deposited
in the account established by subsection (b).
(7) ADVERTISING AND MARKETING.—The Ar-
chitect of the Capitol shall begin advertising and
marketing the property to be disposed of under
paragraph (1) not later than 30 days after the date
of the enactment of this Act.
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(8) LOCAL ZONING AND OCCUPANCY REQUIRE-
MENTS.—Until such date as the purchaser of the
property to be disposed of under paragraph (1)
takes full occupancy of such property, such property
and the tenants of such property shall be deemed to
be in compliance with all applicable zoning and occu-
pancy requirements of the District of Columbia.
(9) PROPERTY
DESCRIPTION.—The parcel of
real property referred to in paragraph (1) is the ap-
proximately 31,725 square feet of land located at
501 First Street, SE., on square 736 S, Lot 801
(formerly part of Reservation 17) in the District of
Columbia. Such parcel is bounded by E Street, SE.,
to the north, First Street, SE., to the east, New Jer-
sey Avenue, SE., to the west, and Garfield Park to
the south.
(b) SEPARATE ACCOUNT IN THE TREASURY.—
(1) ESTABLISHMENT.—There is established in
the Treasury of the United States a separate ac-
count which shall consist of amounts deposited into
the account by the Architect of the Capitol under
subsection (a).
(2) AVAILABILITY
OF
FUNDS.—Funds in the
account established by paragraph (1) shall be avail-
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able, in such amounts as are specified in appropria-
tions Acts, to the Architect of the Capitol for—
(A) payment of expenses associated with
relocating the tenants of the property to be dis-
posed of under subsection (a)(1);
(B) payment of expenses associated with
renovating facilities under the jurisdiction of
the Architect for the purpose of accommodating
such tenants; and
(C) reimbursement of expenses incurred
for advertising and marketing activities related
to the disposal under subsection (a)(1) in a
total amount of not to exceed $75,000.
Funds made available under this paragraph shall
not be subject to any fiscal year limitation.
(3) REPORTING OF TRANSACTIONS.—Receipts,
obligations, and expenditures of funds in the account
established by paragraph (1) shall be reported in an-
nual estimates submitted to Congress by the Archi-
tect of the Capitol for the operation and mainte-
nance of the Capitol Buildings and Grounds.
(4) TERMINATION
OF
ACCOUNT.—Not later
than 2 years after the date of settlement on the
property to be disposed of under subsection (a)(1),
the Architect of the Capitol shall terminate the ac-
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count established by paragraph (1) and all amounts
remaining in the account shall be deposited into the
general fund of the Treasury of the United States
and credited as miscellaneous receipts.
(c) AUTHORITY TO FURNISH STEAM AND CHILLED
WATER.—
(1) IN GENERAL.—The Architect of the Capitol
is authorized to furnish steam and chilled water
from the Capitol Power Plant to the owner of the
property to be disposed of under subsection (a)(1) if
the owner agrees to pay for such steam and chilled
water at market rates, as determined by the Archi-
tect of the Capitol.
(2) AUTHORITY LIMITED TO EXISTING FACILI-
TIES.—The Architect of the Capitol may furnish
steam and chilled water under paragraph (1) only
with respect to facilities which, on the date of the
enactment of this Act, are located on the property
to be disposed of under subsection (a)(1).
(3) PROCEEDS.—All proceeds from the sale of
steam and chilled water under paragraph (1) shall
be deposited into the general fund of the Treasury
of the United States and credited as miscellaneous
receipts.
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SEC. 122. Notwithstanding any other provision of
this title of this Act except section 106, such sums as nec-
essary are hereby appropriated for all projects and activi-
ties funded under the account heading ‘‘Office for Civil
Rights’’ under the Office of the Secretary in the Depart-
ment of Health and Human Services at a rate for oper-
ations not to exceed an annual rate for new obligational
authority of $16,153,000 for general funds together with
not to exceed an annual rate for new obligational authority
of $3,314,000 to be transferred and expended as author-
ized by section 201(g)(1) of the Social Security Act from
the Hospital Insurance Trust Fund and the Supplemental
Medical Insurance Trust Fund.
SEC. 123. Activities necessary to effect the following
program eliminations and transfers of selected functions
are funded under the terms and conditions and at a rate
of operations, notwithstanding any other provision of this
title of this Act, provided for in the conference report and
joint explanatory statement of the Committee of Con-
ference (House Report 104–402) on the Department of
the Interior and Related Agencies Appropriations Act,
1996 (H.R. 1977), as passed by the House of Representa-
tives on December 13, 1995:
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All projects and activities under the account
heading ‘‘Public Development’’ under the Pennsylva-
nia Avenue Development Corporation;
All projects and activities under the account
heading ‘‘Mines and Minerals’’ under the Bureau of
Mines in Department of the Interior;
All activities related to the transfer of functions
from the Bureau of Mines under the account head-
ing ‘‘Management of Lands and Resources’’ under
the Bureau of Land Management in the Department
of the Interior;
All activities related to the transfers of func-
tions from the Bureau of Mines and from the Na-
tional Biological Service under the account heading
‘‘Surveys, Investigations, and Research’’ under the
United States Geological Survey in the Department
of the Interior; and
All activities related to the transfer of functions
from the Bureau of Mines under the account head-
ing ‘‘Fossil Energy Research and Development’’ in
the Department of Energy.
SEC. 124. Notwithstanding any other provision of
this title of this Act, the appropriations and funds made
available and authority granted pursuant to the preceding
section shall be available until (a) enactment into law of
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an appropriation for any project or activity provided for
in that section, or (b) the enactment into law of the appli-
cable appropriations Act without any provision for such
project or activity, or (c) September 30, 1996, whichever
first occurs.
SEC. 125. Notwithstanding any other provision of
this title of this Act, except section 106, such amounts
as may be necessary are hereby appropriated to effect the
sale of Weeks Island oil from the Strategic Petroleum Re-
serve under the terms and conditions and at a rate of op-
erations provided for in the conference report and joint
explanatory statement of the Committee of Conference
(House Report 104–402) on the Department of the Inte-
rior and Related Agencies Appropriations Act, 1996 (H.R.
1977), as passed by the House of Representatives on De-
cember 13, 1995.
SEC. 126. Notwithstanding any other provision of
this title of this Act, such amounts as may be necessary
are hereby appropriated under the authority and condi-
tions provided in the applicable appropriations Act for the
fiscal year 1995 for continuing, at a rate for operations
provided for in the conference report and joint explanatory
statement of the Committee of Conference (House Report
104–402) on the Department of the Interior and Related
Agencies Appropriations Act, 1996 (H.R. 1977), as
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passed by the House of Representatives on December 13,
1995, for the following projects or activities including the
costs of direct loans and loan guarantees (not otherwise
specifically provided for in this Act) which are conducted
in the fiscal year 1995: all projects or activities of the In-
dian Health Services, Indian Health Service Facilities,
Bureau of Indian Affairs, National Park Service, notwith-
standing any other provision of law, the United States
Fish and Wildlife Service, notwithstanding any other pro-
vision of law, and the Forest Service, notwithstanding any
other provision of law: Provided, That appropriations and
funds made available and authority granted pursuant to
this section shall be available until (a) enactment into law
of an appropriation for any project or activity provided
for in this section, or (b) the enactment into law of the
applicable appropriations Act without any provision for
such project or activity, or (c) March 15, 1996, whichever
first occurs.
SEC. 127. Notwithstanding any other provision of
this title of this Act except section 106, projects and ac-
tivities under the account heading ‘‘Salaries and expenses’’
under the National Labor Relations Board shall be subject
to the provisions of section 112 of Public law 104–56.
SEC. 128. None of the funds made available by Public
Law 104–91 may be used for—
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(1) the creation of a human embryo or embryos
for research purposes; or
(2) research in which a human embryo or em-
bryos are destroyed, discarded, or knowingly sub-
jected to risk of injury or death greater than that
allowed for research on fetuses in utero under 45
CFR 46.208(a)(2) and 42 U.S.C. 289g(b).
For purposes of this section, the phrase ‘‘human embryo
or embryos’’ shall include any organism, not protected as
a human subject under 45 CFR 46 as of the date of enact-
ment of this Act, that is derived by fertilization, par-
thenogenesis, cloning, or any other means from one or
more human gametes.
SEC. 129.TECHNICAL AMENDMENT TO PROHIBITION
OF GRANTS FOR 501(c)(4) ORGANIZATIONS ENGAGING IN
LOBBYING ACTIVITIES.
(a) IN GENERAL.—Section 18 of the Lobbying Dis-
closure Act of 1995 is amended by striking ‘‘award, grant,
contract, loan, or any other form’’ and inserting ‘‘award,
grant, or loan’’.
(b) EFFECTIVE DATE.—The amendment made by
subsection (a) shall take effect as if included in the Lobby-
ing Disclosure Act of 1995 on the date of the enactment
of such Act.
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SEC. 130. No funds appropriated under this or any
other Act shall be used to review or modify sourcing areas
previously approved under section 490(c)(3) of the Forest
Resources Conservation and Shortage Relief Act of 1990
(Public Law 101–382) or to enforce or implement Federal
regulations 36 CFR part 223 promulgated on September
8, 1995. The regulations and interim rules in effect prior
to September 8, 1995 (36 CFR 223.48, 36 CFR 223.87,
36 CFR 223 Subpart D, 36 CFR 223 Subpart F, and
36 CFR 261.6) shall remain in effect. The Secretary of
Agriculture or the Secretary of the Interior shall not adopt
any policies concerning Public Law 101–382 or existing
regulations that would restrain domestic transportation or
processing of timber from private lands or impose addi-
tional accountability requirements on any timber. The Sec-
retary of Commerce shall extend until September 30,
1996, the order issued under section 491(b)(2)(A) of Pub-
lic Law 101–382 and shall issue an order under section
491(b)(2)(B) of such law that will be effective October 1,
1996.
SEC. 131. Notwithstanding any other provision of
this Act, an additional $2,000,000 is hereby appropriated
for the National Park Service, Park Service Construction
for repair of flood damage to the Chesapeake and Ohio
Canal National Historical Park.
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TITLE II
DEPARTMENTS OF COMMERCE, JUSTICE, AND
STATE, THE JUDICIARY, AND RELATED
AGENCIES APPROPRIATIONS
SEC. 201. (a) Such amounts as may be necessary
under the authority and conditions provided in the appli-
cable appropriations Act for the fiscal year 1995 for
projects or activities, except for those projects and activi-
ties provided for in Public Law 104–91 and Public Law
104–92, including the costs of direct loans and loan guar-
antees (not otherwise specifically provided for in this Act)
at a rate for operations provided for in the conference re-
port and joint explanatory statement of the Committee of
Conference, House Report 104–378, on the Departments
of Commerce, Justice, and State, the Judiciary, and Re-
lated Agencies Appropriations Act, 1996 (H.R. 2076), as
passed the House of Representatives on December 6,
1995, notwithstanding section 15 of the State Department
Basic Authorities Act of 1956, section 701 of the United
States Information and Educational Exchange Act of
1948, section 313 of the Foreign Relations Authorization
Act, Fiscal Years 1994 and 1995 (Public Law 103–236),
and section 53 of the Arms Control and Disarmament Act:
Provided, That, notwithstanding any other provision of
this title of this Act, the rate for operations only for pro-
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gram administration and the continuation of grants
awarded in fiscal year 1995 and prior years of the Ad-
vanced Technology Program of the National Institute of
Standards and Technology, and the rate for operations for
the Ounce of Prevention Council, Drug Courts, Global
Learning and Observations to Benefit the Environment,
and for the Cops on the Beat Program may be increased
up to a level of 75 per centum of the final fiscal year 1995
appropriated amount: Provided further, That, under the
previous proviso, no contracts or grants shall be awarded
in excess of an amount that bears the same ratio to the
rate for operations provided by the previous proviso as the
number of days covered by this resolution bears to 366:
Provided further, That any costs incurred by a Depart-
ment or agency funded under this subsection resulting
from personnel actions taken in response to funding re-
ductions resulting from this Act shall be absorbed within
the total budgetary resources available to such Depart-
ment or agency: Provided further, That the authority to
transfer funds between appropriations accounts as may be
necessary to carry out the preceding proviso is provided
in addition to authorities provided elsewhere in this sub-
section: Provided further, That funds to carry out the pre-
ceding two provisos shall not be available for obligation
or expenditure except in compliance with established
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reprogramming procedures: Provided further, That, not-
withstanding any other provision of this title of this Act,
the amount of funds obligated or expended by the Legal
Services Corporation shall not exceed an amount that
bears the same ratio to the rate for operations available
to the Legal Services Corporation as the number of days
covered by this resolution bears to 366: Provided further,
That, notwithstanding any other provision of this title of
this Act, funding provided for Violent Offender Incarcer-
ation and Truth in Sentencing Incentive Grants, with the
exception of funds available to States for incarceration of
criminal aliens and the Cooperative Agreement Program,
shall be withheld, pending enactment of revisions to sub-
title A of title II of the Violent Crime Control and Law
Enforcement Act of 1994, so as not to impinge upon final
funding prerogatives: Provided further, That, notwith-
standing any other provision of this title of this Act, suffi-
cient funds shall be provided to continue the Office of In-
spector General of the United States Information Agency,
to be derived from funds otherwise available to the Office
of Inspector General of the Department of State.
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DEPARTMENTS OF VETERANS AFFAIRS AND
HOUSING AND URBAN DEVELOPMENT, AND
INDEPENDENT 
AGENCIES 
APPROPRIA-
TIONS
(b) Such amounts as may be necessary under the au-
thority and conditions provided in the applicable appro-
priations Act for the fiscal year 1995 for continuing
projects or activities, except for those projects and activi-
ties provided for in Public Law 104–91 and Public Law
104–92, including the costs of direct loans and loan guar-
antees (not otherwise specifically provided for in this Act)
at a rate for operations provided for in the conference re-
port and joint explanatory statement of the Committee of
Conference, House Report 104–384, on the Departments
of Veterans Affairs and Housing and Urban Development,
and Independent Agencies Appropriations Act, 1996
(H.R. 2099), as passed the House of Representatives on
December 7, 1995: Provided, That Senate amendment 63
shall be disposed of in the manner passed by the House
on December 7, 1995, as if enacted into law: Provided fur-
ther, That, notwithstanding any other provision of this
title of this Act, the rate for operations for the Corpora-
tion for National and Community Service, the Community
Development Financial Institutions Fund, and the Office
of Consumer Affairs may be increased up to a level of 75
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per centum of the fiscal year 1995 level: Provided further,
That, under the previous proviso, no new contracts or
grants shall be awarded in excess of an amount that bears
the same ratio to the rate for operations provided by the
previous proviso as the number of days covered by this
resolution bears to 366: Provided further, That the penul-
timate proviso under the heading ‘‘General Operating Ex-
penses’’ and sections 107 and 109 under the heading ‘‘Ad-
ministrative Provisions’’ in the Department of Veterans
Affairs are effective to the extent and in the manner, not-
withstanding any other provision of this Act, provided for
in the conference report and joint explanatory statement
of the Committee of Conference (House Report 104–384)
on the Departments of Veterans Affairs and Housing and
Urban Development, and Independent Agencies Appro-
priations Act, 1996 (H.R. 2099), as passed by the House
of Representatives on December 7, 1995.
SEC. 202. Unless otherwise provided for in this title
of this Act or in the applicable appropriations Act, appro-
priations and funds made available and authority granted
pursuant to this title of this Act shall be available until
(a) the enactment into law of an appropriation for any
project or activity provided for in this title of this Act,
or (b) the enactment into law of the applicable appropria-
tions Act by both Houses without any provision for such
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project or activity, or (c) March 15, 1996, whichever first
occurs.
SEC. 203. Appropriations made and authority grant-
ed pursuant to this title of this Act shall cover all obliga-
tions or expenditures incurred for any program, project,
or activity during the period for which funds or authority
for such project or activity are available under this title
of this Act.
SEC. 204. Expenditures made pursuant to this title
of this Act shall be charged to the applicable appropria-
tion, fund, or authorization whenever a bill in which such
applicable appropriation, fund, or authorization is con-
tained is enacted into law.
SEC. 205. Appropriations made by section 201 shall
be available to the extent and in the manner which would
be provided by the pertinent appropriations Act.
SEC. 206. No provision in the appropriations Act for
the fiscal year 1996 referred to in section 201 of this Act
that makes the availability of any appropriation provided
therein dependent upon the enactment of additional au-
thorizing or other legislation shall be effective before the
date set forth in section 202(c) of this Act.
SEC. 207. Appropriations and funds made available
by or authority granted pursuant to this title of this Act
may be used without regard to the time limitations for
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submission and approval of apportionments set forth in
section 1513 of title 31, United States Code, but nothing
herein shall be construed to waive any other provision of
law governing the apportionment of funds.
SEC. 208. Public Law 104–92 is amended by repeal-
ing Title II and by inserting in section 101(a) after the
paragraph ending with ‘‘under the Railroad Retirement
Board;’’ the following paragraphs: ‘‘All activities, includ-
ing administrative and beneficiary travel expenses of all
veterans benefit programs, necessary for the provision of
veterans benefits funded in the Department of Veterans
Affairs under the headings ‘‘Compensation and pensions’’,
‘‘Readjustment benefits’’, ‘‘Veterans insurance and indem-
nities’’, ‘‘Guaranty and indemnity program account’’,
‘‘Loan guaranty program account’’, ‘‘Direct loan program
account’’, ‘‘Education loan fund program account’’, ‘‘Vo-
cational rehabilitation loans program account’’, ‘‘Native
American veteran housing loan program account’’, and ‘‘
Administrative provisions, sec. 107’’ to the extent and in
the manner and at the rate for operations, notwithstand-
ing any other provision of this joint resolution, provided
for in the conference report and joint explanatory state-
ment of the Committee of Conference (House Report 104–
384) on the Departments of Veterans Affairs and Housing
and Urban Development, and Independent Agencies Ap-
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propriations Act, 1996 (H.R. 2099), as passed by the
House of Representatives on December 7, 1995;
All payments to contractors of the Veterans Health
Administration of the Department of Veterans Affairs for
goods and services that directly relate to patient health
and safety to the extent and in the manner and at the
rate for operations, notwithstanding any other provision
of this joint resolution, provided for in the conference re-
port and joint explanatory statement of the Committee of
Conference (House Report 104–384) on the Departments
of Veterans Affairs and Housing and Urban Development,
and Independent Agencies Appropriations Act, 1996
(H.R. 2099), as passed by the House of Representatives
on December 7, 1995;’’.
SEC. 209. Notwithstanding any other provision of
this title of this Act, except section 202, the amount made
available to the Securities and Exchange Commission,
under the heading Salaries and Expenses, shall include,
in addition to direct appropriations, the amount it collects
under the fee rate and offsetting collection authority con-
tained in Public Law 103–352, which fee rate and offset-
ting collection authority shall remain in effect during the
period of this title of this Act.
SEC. 210. Notwithstanding any other provision of
this title of this Act, except section 202, funds for the En-
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vironmental Protection Agency shall be made available in
the appropriation accounts which are provided in H.R.
2099 as reported on September 13, 1995.
SEC. 211. Public Law 104–91 is amended by insert-
ing after the words ‘‘the protection of the Federal judici-
ary’’ in section 101(a), the following: ‘‘to the extent and
in the manner and’’, and by inserting at the end of the
paragraph containing those words, but before the semi-
colon, the following: ‘‘: Provided, That, with the exception
of section 114, the General Provisions for the Department
of Justice included in title I of the aforementioned con-
ference report are hereby enacted into law’’.
SEC. 212. Nothwithstanding any other provision of
law or regulation, the National Aeronautics and Space Ad-
ministration shall convey, without reimbursement, to the
State of Mississippi, all rights, title and interest of the
United States in the property known as the Yellow Creek
Facility and consisting of approximately 1,200 acres near
the city of Iuka, Mississippi, including all improvements
thereon and also including any personal property owned
by NASA that is currently located on-site and which the
State of Mississippi requires to facilitate the transfer: Pro-
vided, That appropriated funds shall be used to effect this
conveyance: Provided further, That $10,000,000 in appro-
priated funds otherwise available to the National Aero-
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nautics and Space Administration shall be transferred to
the State of Mississippi to be used in the transition of
the facility: Provided further, That each Federal agency
with prior contact to the site shall remain responsible for
any and all environmental remediation made necessary as
a result of its activities on the site: Provided further, That
in consideration of this conveyance, the National Aero-
nautics and Space Administration may require such other
terms and conditions as the Administrator deems appro-
priate to protect the interests of the United States: Pro-
vided further, That the conveyance of the site and the
transfer of the funds to the State of Mississippi shall occur
not later than thirty days from the date of enactment of
this Act.
SEC. 213. Notwithstanding any other provision of
this title of this Act except section 202, projects and ac-
tivities under the account heading ‘‘Council on Environ-
mental Quality and Office of Environmental Quality’’ shall
be subject to the provisions of section 112 of Public Law
104–56.
SEC. 214. Notwithstanding any other provision of
this title of this Act except section 202, whenever the rate
for operations for any continuing project or activity pro-
vided by section 201 for which there is a budget request
would result in a furlough of Government employees, that
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rate for operations may be increased to the minimum level
that would enable the furlough to be avoided. No new con-
tracts or grants shall be awarded in excess of an amount
that bears the same ratio to the rate for operations pro-
vided by this section as the number of days covered by
this resolution bears to 366: Provided, That the first sen-
tence of section 214 shall not apply except to furloughs
that exceed one workday per pay period for the affected
workforce during the period of January 26, 1996 through
March 15, 1996.
TITLE III
FOREIGN OPERATIONS, EXPORT FINANCING,
AND RELATED PROGRAMS APPROPRIATIONS
SEC. 301. Such amounts as may be necessary for pro-
grams, projects, or activities provided for in the Foreign
Operations, Export Financing, and Related Programs Ap-
propriations Act, 1996 (H.R. 1868), at a rate for oper-
ations and to the extent and in the manner provided for
in the conference report and joint explanatory statement
of the Committee of Conference (House Report 104–295)
as passed by the House of Representatives on October 31,
1995, as if enacted into law, notwithstanding any other
provision of this title of this Act: Provided, That Senate
amendment numbered 115 shall be disposed of as follows,
as if enacted into law:
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In lieu of the matter proposed by the Senate in
amendment numbered 115, insert the following:
‘‘AUTHORIZATION OF POPULATION PLANNING
‘‘SEC. 518A. Notwithstanding section 526 of this Act,
none of the funds made available in this Act for population
planning activities or other population assistance pursuant
to section 104(b) of the Foreign Assistance Act or any
other provision of law, or funds made available in title IV
of this Act as a contribution to the United Nations Popu-
lation Fund (UNFPA) may be obligated or expended prior
to July 1, 1996, unless such funding is expressly author-
ized by law: Provided, That if such funds are not author-
ized by law prior to July 1, 1996, funds appropriated in
title II of this Act for population planning activities or
other population assistance may be made available for ob-
ligation and expenditure in an amount not to exceed 65
percent of the total amount appropriated or otherwise
made available by Public Law 103–306 and Public Law
104–19 for such activities for fiscal year 1995, and funds
appropriated in title IV of this Act as a contribution to
the United Nations Population Fund (UNFPA) may be
made available for obligation and expenditure in an
amount not to exceed 65 percent of the total amount ap-
propriated or otherwise made available by Public Law
103–306 and Public Law 104–19 for a contribution to
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UNFPA for fiscal year 1995: Provided further, That, pur-
suant to the previous proviso, such funds may be appor-
tioned only on a monthly basis, beginning July 1, 1996
and ending September 30, 1997, and such monthly appor-
tionments may not exceed 6.67 percent of the total avail-
able for such activities: Provided further, That notwith-
standing any other provision of this Act, funds appro-
priated by this Act for the United Nations Population
Fund (UNFPA) shall remain available for obligation until
September 30, 1997.’’.
SEC. 302. Unless otherwise provided for in this title
of this Act or in the applicable appropriations Act, appro-
priations and funds made available and authority granted
pursuant to this this title of this Act shall be available
until (a) the enactment into law of an appropriation for
any project or activity provided for in this title of this Act,
or (b) the enactment into law of the applicable appropria-
tions Act by both Houses without any provision for such
project or activity, or (c) September 30, 1996, whichever
first occurs.
SEC. 303. Appropriations made and authority grant-
ed pursuant to this title of this Act shall cover all obliga-
tions or expenditures incurred for any program, project,
or activity during the period for which funds or authority
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for such project or activity are available under this title
of this Act.
SEC. 304. Expenditures made pursuant to this title
of this act shall be charged to the applicable appropriation,
fund, or authorization whenever a bill in which such appli-
cable appropriation, fund, or authorization is contained is
enacted into law.
TITLE IV
HOUSING AND URBAN DEVELOPMENT
SEC. 401. During fiscal year 1996, the Secretary of
Housing and Urban Development may manage and dis-
pose of multifamily properties owned by the Secretary, in-
cluding the provision for grants from the General Insur-
ance Fund (12 U.S.C. 1735c) for the necessary costs of
rehabilitation and other related development costs and
multifamily mortgages held by the Secretary without re-
gard to any other provision of law.
PUBLIC AND ASSISTED HOUSING RENTS, INCOME
ADJUSTMENTS, AND PREFERENCES
SEC. 402. (a) MINIMUM RENTS.—Notwithstanding
sections 3(a) and 8(o)(2) of the United States Housing
Act of 1937, as amended, effective for fiscal year 1996
and no later than October 30, 1995—
(1) public housing agencies shall require each
family who is assisted under the certificate or mod-
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erate rehabilitation program under section 8 of such
Act to pay a minimum monthly rent of not less than
$25, and may require a minimum monthly rent of
up to $50;
(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 mini-
mum monthly rent of not less than $25, and may re-
quire a minimum monthly rent of up to $50;
(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 mini-
mum monthly rent of not less than $25 for the unit,
and may require a minimum monthly rent of up to
$50; and
(4) public housing agencies shall require each
family who is assisted under the public housing pro-
gram (including public housing for Indian families)
of such Act to pay a minimum monthly rent of not
less than $25, and may require a minimum monthly
rent of up to $50.
(b) ESTABLISHMENT OF CEILING RENTS.—
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(1) Section 3(a)(2) of the United States Hous-
ing Act of 1937 is amended to read as follows:
‘‘(2) Notwithstanding paragraph (1), a public
housing agency may—
‘‘(A) adopt ceiling rents that reflect the
reasonable market value of the housing, but
that are not less than the monthly costs—
‘‘(i) to operate the housing of the
agency; and
‘‘(ii) to make a deposit to a replace-
ment reserve (in the sole discretion of the
public housing agency); and
‘‘(B) allow families to pay ceiling rents re-
ferred to in subparagraph (A), unless, with re-
spect to any family, the ceiling rent established
under this paragraph would exceed the amount
payable as rent by that family under paragraph
(1).’’.
(2) REGULATIONS.—
(A) IN GENERAL.—The Secretary shall, by
regulation, after notice and an opportunity for
public comment, establish such requirements as
may 
be 
necessary 
to 
carry 
out 
section
3(a)(2)(A) of the United States Housing Act of
1937, as amended by paragraph (1).
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(B) TRANSITION RULE.—Prior to the issu-
ance of final regulations under paragraph (1),
a public housing agency may implement ceiling
rents, which shall be not less than the monthly
costs to operate the housing of the agency
and—
(i) determined in accordance with sec-
tion 3(a)(2)(A) of the United States Hous-
ing Act of 1937, as that section existed on
the day before enactment of this Act;
(ii) equal to the 95th percentile of the
rent paid for a unit of comparable size by
tenants in the same public housing project
or a group of comparable projects totaling
50 units or more; or
(iii) equal to the fair market rent for
the area in which the unit is located.
(c) DEFINITION
OF ADJUSTED INCOME.—Section
3(b)(5) of the United States Housing Act of 1937 is
amended—
(1) at the end of subparagraph (F), by striking
‘‘and’’;
(2) at the end of subparagraph (G), by striking
the period and inserting ‘‘; and’’; and
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(3) by inserting after subparagraph (G) the fol-
lowing:
‘‘(H) for public housing, any other adjust-
ments to earned income established by the pub-
lic housing agency. If a public housing agency
adopts other adjustments to income pursuant to
subparagraph (H), the Secretary shall not take
into account any reduction of or increase in the
public housing agency’s per unit dwelling rental
income resulting from those adjustments when
calculating the contributions under section 9 for
the public housing agency for the operation of
the public housing.’’.
(d) REPEAL OF FEDERAL PREFERENCES.—
(1) PUBLIC
HOUSING.—Section 6(c)(4)(A) of
the United States Housing Act of 1937 (42 U.S.C.
1437d(c)(4)(A)) is amended to read as follows:
‘‘(A) the establishment, after public notice
and an opportunity for public comment, of a
written system of preferences for admission to
public housing, if any, that is not inconsistent
with the comprehensive housing affordability
strategy under title I of the Cranston-Gonzalez
National Affordable Housing Act;’’.
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(2) SECTION 8 EXISTING AND MODERATE REHA-
BILITATION.—Section 8(d)(1)(A) of the United
States 
Housing 
Act 
of 
1937 
(42 
U.S.C.
1437f(d)(1)(A)) is amended to read as follows:
‘‘(A) the selection of tenants shall be the
function of the owner, subject to the provisions
of the annual contributions contract between
the Secretary and the agency, except that for
the certificate and moderate rehabilitation pro-
grams only, for the purpose of selecting families
to be assisted, the public housing agency may
establish, after public notice and an opportunity
for public comment, a written system of pref-
erences for selection that is not inconsistent
with the comprehensive housing affordability
strategy under title I of the Cranston-Gonzalez
National Affordable Housing Act;’’.
(3) SECTION
VOUCHER
PROGRAM.—Section
8(o)(3)(B) of the United States Housing Act of
1937 (42 U.S.C. 1437f(o)(3)(B)) is amended to read
as follows:
‘‘(B) For the purpose of selecting families
to be assisted under this subsection, the public
housing agency may establish, after public no-
tice and an opportunity for public comment, a
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written system of preferences for selection that
is not inconsistent with the comprehensive
housing affordability strategy under title I of
the Cranston-Gonzalez National Affordable
Housing Act.’’.
(4) SECTION 8 NEW CONSTRUCTION AND SUB-
STANTIAL REHABILITATION.—
(A) REPEAL.—Section 545(c) of the Cran-
ston-Gonzalez National Affordable Housing Act
(42 U.S.C. 1437f note) is amended to read as
follows:
‘‘(c) [Reserved.]’’.
(B) PROHIBITION.—Notwithstanding any
other provision of law, no Federal tenant selec-
tion preferences under the United States Hous-
ing Act of 1937 shall apply with respect to—
(i) housing constructed or substan-
tially rehabilitated pursuant to assistance
provided under section 8(b)(2) of the Unit-
ed States Housing Act of 1937 (as such
section existed on the day before October
1, 1983); or
(ii) projects financed under section
202 of the Housing Act of 1959 (as such
section existed on the day before the date
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of enactment of the Cranston-Gonzalez
National Affordable Housing Act).
(5) RENT
SUPPLEMENTS.—Section 101(k) of
the Housing and Urban Development Act of 1965
(12 U.S.C. 1701s(k)) is amended to read as follows:
‘‘(k) [Reserved.]’’.
(6) CONFORMING AMENDMENTS.—
(A) UNITED
STATES
HOUSING
ACT
OF
1937.—The United States Housing Act of 1937
(42 U.S.C. 1437 et seq.) is amended—
(i) in section 6(o), by striking ‘‘pref-
erence rules specified in’’ and inserting
‘‘written system of preferences for selection
established pursuant to’’;
(ii) in the second sentence of section
7(a)(2), by striking ‘‘according to the pref-
erences for occupancy under’’ and inserting
‘‘in accordance with the written system of
preferences for selection established pursu-
ant to’’;
(iii) in section 8(d)(2)(A), by striking
the last sentence;
(iv) in section 8(d)(2)(H), by striking
‘‘Notwithstanding subsection (d)(1)(A)(i),
an’’ and inserting ‘‘An’’;
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(v) in section 16(c), in the second sen-
tence, by striking ‘‘the system of pref-
erences established by the agency pursuant
to section 6(c)(4)(A)(ii)’’ and inserting
‘‘the written system of preferences for se-
lection established by the public housing
agency pursuant to section 6(c)(4)(A)’’;
and
(vi) in section 24(e)—
(I) by striking ‘‘(e) EXCEP-
TIONS’’ and all that follows through
‘‘The Secretary may’’ and inserting
the following:
‘‘(e) EXCEPTION TO GENERAL PROGRAM REQUIRE-
MENTS.—The Secretary may’’; and
(II) by striking paragraph (2).
(B) CRANSTON-GONZALEZ
NATIONAL
AF-
FORDABLE
HOUSING
ACT.—Section
522(f)(6)(B) of the Cranston-Gonzalez National
Affordable Housing Act (42 U.S.C. 12704 et
seq.) is amended by striking ‘‘any preferences
for such assistance under section 8(d)(1)(A)(i)’’
and inserting ‘‘the written system of pref-
erences for selection established pursuant to
section 8(d)(1)(A)’’.
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(C) HOUSING AND COMMUNITY DEVELOP-
MENT ACT OF 1992.—Section 655 of the Hous-
ing and Community Development Act of 1992
(42 U.S.C. 13615) is amended by striking ‘‘the
preferences’’ and all that follows up to the pe-
riod at the end and inserting ‘‘any preferences’’.
(D) REFERENCES
IN
OTHER
LAW.—Any
reference in any Federal law other than any
provision of any law amended by paragraphs
(1) through (5) of this subsection to the pref-
erences 
for 
assistance 
under 
section
6(c)(4)(A)(i), 8(d)(1)(A)(i), or 8(o)(3)(B) of the
United States Housing Act of 1937 (as such
sections existed on the day before the date of
enactment of this Act) shall be considered to
refer to the written system of preferences for
selection 
established 
pursuant 
to 
section
6(c)(4)(A), 8(d)(1)(A), or 8(o)(3)(B), respec-
tively, of the United States Housing Act of
1937, as amended by this section.
(e) APPLICABILITY.—In accordance with section
201(b)(2) of the United States Housing Act of 1937, the
amendments made by subsections (a), (b), (c), (d), and
(f) of this section shall also apply to public housing devel-
oped or operated pursuant to a contract between the Sec-
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retary of Housing and Urban Development and an Indian
housing authority.
(f) This section shall be effective upon the enactment
of this Act and only for fiscal year 1996.
SECTION 8 FAIR MARKET RENTALS, ADMINISTRATIVE
FEES, AND DELAY IN REISSUANCE
SEC. 403. (a) FAIR MARKET RENTALS.—The Sec-
retary shall establish fair market rentals for purposes of
section 8(c)(1) of the United States Housing Act of 1937,
as amended, that shall be effective for fiscal year 1996
and shall be based on the 40th percentile rent of rental
distributions of standard quality rental housing units. In
establishing such fair market rentals, the Secretary shall
consider only the rents for dwelling units occupied by re-
cent movers and may not consider the rents for public
housing dwelling units or newly constructed rental dwell-
ing units.
(b) ADMINISTRATIVE FEES.—Notwithstanding sec-
tions 8(q) (1) and (4) of the United States Housing Act
of 1937, for fiscal year 1996, the fee for each month for
which a dwelling unit is covered by an assistance contract
under the certificate, voucher, or moderate rehabilitation
program under section 8 of such Act shall be equal to the
monthly fee payable for fiscal year 1995: Provided, That
this subsection shall be applicable to all amounts made
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avail-able for such fees during fiscal year 1996, as if in
effect on October 1, 1995.
(c) DELAY REISSUANCE OF VOUCHERS AND CERTIFI-
CATES.—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 as-
sistance amounts) made available by the termination dur-
ing fiscal year 1996 of such assistance on behalf of any
family for any reason, but not later than October 1, 1996;
with the exception of any certificates assigned or commit-
ted to project-based assistance as permitted otherwise by
the Act, accomplished prior to the effective date of this
Act.
REPEAL OF PROVISIONS REGARDING INCOME DISREGARDS
SEC. 404. (a) MAXIMUM ANNUAL LIMITATION ON
RENT INCREASES RESULTING FROM EMPLOYMENT.—
Section 957 of the Cranston-Gonzalez National Affordable
Housing Act is hereby repealed, retroactive to November
28, 1990, and shall be of no effect.
(b) ECONOMIC INDEPENDENCE.—Section 923 of the
Housing and Community Development Act of 1992 is
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hereby repealed, retroactive to October 28, 1992, and shall
be of no effect.
SECTION 8 CONTRACT RENEWALS
SEC. 405. (a) For fiscal year 1996 and henceforth,
the Secretary of Housing and Urban Development may
use amounts available for the renewal of assistance under
section 8 of the United States Housing Act of 1937, upon
termination or expiration of a contract for assistance
under section 8 of such Act of 1937 (other than a contract
for tenant-based assistance and notwithstanding section
8(v) of such Act for loan management assistance), to pro-
vide assistance under section 8 of such Act, subject to the
Section 8 Existing Fair Market Rents, for the eligible
families assisted under the contracts at expiration or ter-
mination, which assistance shall be in accordance with
terms and conditions prescribed by the Secretary.
(b) Notwithstanding subsection (a) and except for
projects assisted under section 8(e)(2) of the United
States Housing Act of 1937 (as it existed immediately
prior to October 1, 1991), at the request of the owner,
the Secretary shall renew for a period of one year con-
tracts for assistance under section 8 that expire or termi-
nate during fiscal year 1996 at the current rent levels.
(c) Section 8(v) of the United States Housing Act
of 1937 is amended to read as follows: ‘‘The Secretary
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may extend expiring contracts entered into under this sec-
tion for project-based loan management assistance to the
extent necessary to prevent displacement of low-income
families receiving such assistance as of September 30,
1996.’’.
(d) Section 236(f) of the National Housing Act (12
U.S.C. 1715z–1(f)) is amended:
(1) by striking the second sentence in para-
graph (1) and inserting in lieu thereof the following:
‘‘The rental charge for each dwelling unit shall be at
the basic rental charge or such greater amount, not
exceeding the lower of (i) the fair market rental
charge determined pursuant to this paragraph, or
(ii) the fair market rental established under section
8(c) of the United States Housing Act of 1937 for
the market area in which the housing is located, as
represents 30 per centum of the tenant’s adjusted
income.’’; and
(2) by striking paragraph (6).’’.
EXTENSION OF HOME EQUITY CONVERSION MORTGAGE
PROGRAM
SEC. 406. Section 255(g) of the National Housing
Act (12 U.S.C. 1715z–20(g)) is amended—
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(1) in the first sentence, by striking ‘‘Septem-
ber 30, 1995’’ and inserting ‘‘September 30, 1996’’;
and
(2) in the second sentence, by striking
‘‘25,000’’ and inserting ‘‘30,000’’.
FHA SINGLE-FAMILY ASSIGNMENT PROGRAM REFORM
SEC. 407. (a) FORECLOSURE AVOIDANCE.—Except
as provided in subsection (e), the last sentence of section
204(a) of the National Housing Act (12 U.S.C. 1710(a))
is amended by inserting before the period the following:
‘‘:And provided further, That the Secretary may pay insur-
ance benefits to the mortgagee to recompense the mortga-
gee for its actions to provide an alternative to the fore-
closure of a mortgage that is in default, which actions may
include special foreclosure, loan modification, and deeds
in lieu of foreclosure, all upon terms and conditions as
the mortgagee shall determine in the mortgagee’s sole dis-
cretion, within guidelines provided by the Secretary, but
which may not include assignment of a mortgage to the
Secretary: And provided further, That for purposes of the
preceding proviso, no action authorized by the Secretary
and no action taken, nor any failure to act, by the Sec-
retary or the mortgagee shall be subject to judicial re-
view.’’.
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(b) AUTHORITY TO ASSIST MORTGAGORS IN DE-
FAULT.—Except as provided in subsection (e), section 230
of the National Housing Act (12 U.S.C. 1715u) is amend-
ed to read as follows:
‘‘AUTHORITY TO ASSIST MORTGAGORS IN DEFAULT
‘‘SEC. 230. (a) PAYMENT OF PARTIAL CLAIM.—The
Secretary may establish a program for payment of a par-
tial claim to a mortgagee that agrees to apply the claim
amount to payment of a mortgage on a 1- to 4-family resi-
dence that is in default. Any such payment under such
program to the mortgagee shall be made in the sole discre-
tion of the Secretary and on terms and conditions accept-
able to the Secretary, except that—
‘‘(1) the amount of the payment shall be in an
amount determined by the Secretary, not to exceed
an amount equivalent to 12 of the monthly mortgage
payments and any costs related to the default that
are approved by the Secretary; and
‘‘(2) the mortgagor shall agree to repay the
amount of the insurance claim to the Secretary upon
terms and conditions acceptable to the Secretary.
The Secretary may pay the mortgagee, from the appro-
priate insurance fund, in connection with any activities
that the mortgagee is required to undertake concerning
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repayment by the mortgagor of the amount owed to the
Secretary.
‘‘(b) ASSIGNMENT.—
‘‘(1) PROGRAM
AUTHORITY.—The Secretary
may establish a program for assignment to the Sec-
retary, upon request of the mortgagee, of a mort-
gage on a 1- to 4-family residence insured under this
Act.
‘‘(2) PROGRAM
REQUIREMENTS.—The Sec-
retary may accept assignment of a mortgage under
a program under this subsection only if—
‘‘(A) the mortgage was in default;
‘‘(B) the mortgagee has modified the mort-
gage to cure the default and provide for mort-
gage payments within the reasonable ability of
the mortgagor to pay, at interest rates not ex-
ceeding current market interest rates; and
‘‘(C) the Secretary arranges for servicing
of the assigned mortgage by a mortgagee
(which may include the assigning mortgagee)
through procedures that the Secretary has de-
termined to be in the best interests of the ap-
propriate insurance fund.
‘‘(3) PAYMENT
OF
INSURANCE
BENEFITS.—
Upon accepting assignment of a mortgage under a
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program established under this subsection, the Sec-
retary may pay insurance benefits to the mortgagee
from the appropriate insurance fund, in an amount
that the Secretary determines to be appropriate, not
to exceed the amount necessary to compensate the
mortgagee for the assignment and any losses and ex-
penses resulting from the mortgage modification.
‘‘(c) PROHIBITION OF JUDICIAL REVIEW.—No deci-
sion by the Secretary to exercise or forego exercising any
authority under this section shall be subject to judicial re-
view.
‘‘(d) SAVINGS PROVISION.—Any mortgage for which
the mortgagor has applied to the Secretary, before the
date of enactment of the Departments of Veterans Affairs
and Housing and Urban Development, and Independent
Agencies Appropriations Act, 1996, for assignment pursu-
ant to subsection (b) of this section as in effect before
such date of enactment shall continue to be governed by
the provisions of this section, as in effect immediately be-
fore such date of enactment.
‘‘(e) APPLICABILITY OF OTHER LAWS.—No provision
of this Act, or any other law, shall be construed to require
the Secretary to provide an alternative to foreclosure for
mortgagees with mortgages on 1- to 4-family residences
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