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[DOCID: f:h2099enr.txt]
H.R.2099
One Hundred Fourth Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Wednesday,
the fourth day of January, one thousand nine hundred and ninety-five
An Act
Making appropriations for the Departments of Veterans Affairs and
Housing and Urban Development, and for sundry independent agencies,
boards, commissions, corporations, and offices for the fiscal year
ending September 30, 1996, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the following sums
are appropriated, out of any money in the Treasury not otherwise
appropriated, for the Departments of Veterans Affairs and Housing and
Urban Development, and for sundry independent agencies, boards,
commissions, corporations, and offices for the fiscal year ending
September 30, 1996, and for other purposes, namely:
TITLE I
DEPARTMENT OF VETERANS AFFAIRS
Veterans Benefits Administration
compensation and pensions
(including transfer of funds)
For the payment of compensation benefits to or on behalf of
veterans as authorized by law (38 U.S.C. 107, chapters 11, 13, 51, 53,
55, and 61); pension benefits to or on behalf of veterans as authorized
by law (38 U.S.C. chapters 15, 51, 53, 55, and 61; 92 Stat. 2508); and
burial benefits, emergency and other officers' retirement pay,
adjusted-service credits and certificates, payment of premiums due on
commercial life insurance policies guaranteed under the provisions of
Article IV of the Soldiers' and Sailors' Civil Relief Act of 1940, as
amended, and for other benefits as authorized by law (38 U.S.C. 107,
1312, 1977, and 2106, chapters 23, 51, 53, 55, and 61; 50 U.S.C. App.
540-548; 43 Stat. 122, 123; 45 Stat. 735; 76 Stat. 1198);
$17,649,972,000, to remain available until expended: Provided, That not
to exceed $25,180,000 of the amount appropriated shall be reimbursed to
``General operating expenses'' and ``Medical care'' for necessary
expenses in implementing those provisions authorized in the Omnibus
Budget Reconciliation Act of 1990, and in the Veterans' Benefits Act of
1992 (38 U.S.C. chapters 51, 53, and 55), the funding source for which
is specifically provided as the ``Compensation and pensions''
appropriation: Provided further, That such sums as may be earned on an
actual qualifying patient basis, shall be reimbursed to ``Medical
facilities revolving fund'' to augment the funding of individual
medical facilities for nursing home care provided to pensioners as
authorized by the Veterans' Benefits Act of 1992 (38 U.S.C. chapter
55): Provided further, That $12,000,000 previously transferred from
``Compensation and pensions'' to ``Medical facilities revolving fund''
shall be transferred to this heading.
Readjustment Benefits
For the payment of readjustment and rehabilitation benefits to or
on behalf of veterans as authorized by law (38 U.S.C. chapters 21, 30,
31, 34, 35, 36, 39, 51, 53, 55, and 61), $1,345,300,000, to remain
available until expended: Provided, That funds shall be available to
pay any court order, court award or any compromise settlement arising
from litigation involving the vocational training program authorized by
section 18 of Public Law 98-77, as amended.
veterans insurance and indemnities
For military and naval insurance, national service life insurance,
servicemen's indemnities, service-disabled veterans insurance, and
veterans mortgage life insurance as authorized by law (38 U.S.C.
chapter 19; 70 Stat. 887; 72 Stat. 487), $24,890,000, to remain
available until expended.
Guaranty and Indemnity Program Account
(including transfer of funds)
For the cost of direct and guaranteed loans, such sums as may be
necessary to carry out the purpose of the program, as authorized by 38
U.S.C. chapter 37, as amended: Provided, That such costs, including the
cost of modifying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974, as amended.
In addition, for administrative expenses to carry out the direct
and guaranteed loan programs, $65,226,000, which may be transferred to
and merged with the appropriation for ``General operating expenses''.
Loan Guaranty Program Account
(including transfer of funds)
For the cost of direct and guaranteed loans, such sums as may be
necessary to carry out the purpose of the program, as authorized by 38
U.S.C. chapter 37, as amended: Provided, That such costs, including the
cost of modifying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974, as amended.
In addition, for administrative expenses to carry out the direct
and guaranteed loan programs, $52,138,000, which may be transferred to
and merged with the appropriation for ``General operating expenses''.
Direct Loan Program Account
(including transfer of funds)
For the cost of direct loans, such sums as may be necessary to
carry out the purpose of the program, as authorized by 38 U.S.C.
chapter 37, as amended: Provided, That such costs, including the cost
of modifying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974, as amended: Provided further, That
during 1996, within the resources available, not to exceed $300,000 in
gross obligations for direct loans are authorized for specially adapted
housing loans (38 U.S.C. chapter 37).
In addition, for administrative expenses to carry out the direct
loan program, $459,000, which may be transferred to and merged with the
appropriation for ``General operating expenses''.
Education Loan Fund Program Account
(including transfer of funds)
For the cost of direct loans, $1,000, as authorized by 38 U.S.C.
3698, as amended: Provided, That such costs, including the cost of
modifying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974, as amended: Provided further, That
these funds are available to subsidize gross obligations for the
principal amount of direct loans not to exceed $4,000.
In addition, for administrative expenses necessary to carry out the
direct loan program, $195,000, which may be transferred to and merged
with the appropriation for ``General operating expenses''.
Vocational Rehabilitation Loans Program Account
(including transfer of funds)
For the cost of direct loans, $54,000, as authorized by 38 U.S.C.
chapter 31, as amended: Provided, That such costs, including the cost
of modifying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974, as amended: Provided further, That
these funds are available to subsidize gross obligations for the
principal amount of direct loans not to exceed $1,964,000.
In addition, for administrative expenses necessary to carry out the
direct loan program, $377,000, which may be transferred to and merged
with the appropriation for ``General operating expenses''.
Native American Veteran Housing Loan Program Account
(including transfer of funds)
For administrative expenses to carry out the direct loan program
authorized by 38 U.S.C. chapter 37, subchapter V, as amended, $205,000,
which may be transferred to and merged with the appropriation for
``General operating expenses''.
Veterans Health Administration
medical care
For necessary expenses for the maintenance and operation of
hospitals, nursing homes, and domiciliar
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y facilities; for furnishing,
as authorized by law, inpatient and outpatient care and treatment to
beneficiaries of the Department of Veterans Affairs, including care and
treatment in facilities not under the jurisdiction of the Department of
Veterans Affairs, and furnishing recreational facilities, supplies, and
equipment; funeral, burial, and other expenses incidental thereto for
beneficiaries receiving care in Department of Veterans Affairs
facilities; administrative expenses in support of planning, design,
project management, real property acquisition and disposition,
construction and renovation of any facility under the jurisdiction or
for the use of the Department of Veterans Affairs; oversight,
engineering and architectural activities not charged to project cost;
repairing, altering, improving or providing facilities in the several
hospitals and homes under the jurisdiction of the Department of
Veterans Affairs, not otherwise provided for, either by contract or by
the hire of temporary employees and purchase of materials; uniforms or
allowances therefor, as authorized by law (5 U.S.C. 5901-5902); aid to
State homes as authorized by law (38 U.S.C. 1741); and not to exceed
$8,000,000 to fund cost comparison studies as referred to in 38 U.S.C.
8110(a)(5); $16,564,000,000, plus reimbursements: Provided, That of the
funds made available under this heading, $789,000,000 is for the
equipment and land and structures object classifications only, which
amount shall not become available for obligation until August 1, 1996,
and shall remain available for obligation until September 30, 1997.
medical and prosthetic research
For necessary expenses in carrying out programs of medical and
prosthetic research and development as authorized by law (38 U.S.C.
chapter 73), to remain available until September 30, 1997,
$257,000,000, plus reimbursements.
medical administration and miscellaneous operating expenses
For necessary expenses in the administration of the medical,
hospital, nursing home, domiciliary, construction, supply, and research
activities, as authorized by law; administrative expenses in support of
planning, design, project management, architectural, engineering, real
propertyacquisition and disposition, construction and renovation of any
facility under the jurisdiction or for the use of the Department of
Veterans Affairs, including site acquisition; engineering and
architectural activities not charged to project cost; and research and
development in building construction technology; $63,602,000, plus
reimbursements.
Transitional Housing Loan Program
(including transfer of funds)
For the cost of direct loans, $7,000, as authorized by Public Law
102-54, section 8, which shall be transferred from the ``General post
fund'': Provided, That such costs, including the cost of modifying such
loans, shall be as defined in section 502 of the Congressional Budget
Act of 1974, as amended: Provided further, That these funds are
available to subsidize gross obligations for the principal amount of
direct loans not to exceed $70,000. In addition, for administrative
expenses to carry out the direct loan program, $54,000, which shall be
transferred from the ``General post fund'', as authorized by Public Law
102-54, section 8.
Departmental Administration
General Operating Expenses
For necessary operating expenses of the Department of Veterans
Affairs, not otherwise provided for, including uniforms or allowances
therefor, as authorized by law; not to exceed $25,000 for official
reception and representation expenses; hire of passenger motor
vehicles; and reimbursement of the General Services Administration for
security guard services, and the Department of Defense for the cost of
overseas employee mail; $848,143,000: Provided, That of the amount
appropriated and any other funds made available from any other source
for activities funded under this heading, except reimbursements, not to
exceed $214,109,000 shall be available for General Administration;
including not to exceed (1) $2,450,000 for personnel compensation and
benefits and $50,000 for travel in the Office of the Secretary, (2)
$4,392,000 for personnel compensation and benefits and $75,000 for
travel in the Office of the Assistant Secretary for Policy and
Planning, (3) $1,980,000 for personnel compensation and benefits and
$33,000 for travel in the Office of the Assistant Secretary for
Congressional Affairs, and (4) $3,500,000 for personnel compensation
and benefits and $100,000 for travel in the Office of Assistant
Secretary for Public and Intergovernmental Affairs: Provided further,
That during fiscal year 1996, notwithstanding any other provision of
law, the number of individuals employed by the Department of Veterans
Affairs (1) in other than ``career appointee'' positions in the Senior
Executive Service shall not exceed 6, and (2) in schedule C positions
shall not exceed 11: Provided further, That not to exceed $6,000,000 of
the amount appropriated shall be available for administrative expenses
to carry out the direct and guaranteed loan programs under the Loan
Guaranty Program Account: Provided further, That funds under this
heading shall be available to administer the Service Members
Occupational Conversion and Training Act: Provided further, That the
$25,500,000 earmarked in Public Law 103-327 for the acquisition of
automated data processing equipment and services to support the
modernization program of the Veterans Benefits Administration is
available for any expense authorized to be funded under this heading:
Provided further, That none of the funds under this heading (including
funds referred to in the preceding proviso) may be obligated or
expended for the acquisition of automated data processing equipment and
services for Department of Veterans Affairs regional offices to support
Stage III of the automated data equipment modernization program of the
Veterans Benefits Administration.
National Cemetery System
For necessary expenses for the maintenance and operation of the
National Cemetery System not otherwise provided for, including uniforms
or allowances therefor, as authorized by law; cemeterial expenses as
authorized by law; purchase of three passenger motor vehicles, for use
in cemeterial operations; and hire of passenger motor vehicles,
$72,604,000.
Office of Inspector General
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978, as
amended, $30,900,000.
Construction, Major Projects
(including transfer of funds)
For constructing, altering, extending and improving any of the
facilities under the jurisdiction or for the use of the Department of
Veterans Affairs, or for any of the purposes set forth in sections 316,
2404, 2406, 8102, 8103, 8106, 8108, 8109, 8110, and 8122 of title 38,
United States Code, including planning, architectural and engineering
services, maintenance or guarantee period services costs associated
with equipment guarantees provided under the project, services of
claims analysts, offsite utility and storm drainage system construction
costs, and site acquisition, where the estimated cost of a project is
$3,000,000 or more or where funds for a project were made available in
a previous major project appropriation, $136,155,000, to remain
available until expended: Provided, That except for advance planning of
projects funded through the advance planning fund and the design of
projects funded through the design fund, none of these funds shall be
used for any project which has not been considered and approved by the
Congress in the budgetary process: Provided further, That funds
provided in this appropriation for fiscal year 1996, for each approved
project shall be obligated (1) by the awarding of a construction
documents contract by Septem
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ber 30, 1996, and (2) by the awarding of a
construction contract by September 30, 1997: Provided further, That the
Secretary shall promptly report in writing to the Comptroller General
and to the Committees on Appropriations any approved major construction
project in which obligations are not incurred within the time
limitations established above; and the Comptroller General shall review
the report in accordance with the procedures established by section
1015 of the Impoundment Control Act of 1974 (title X of Public Law 93-
344): Provided further, That no funds from any other account except the
``Parking revolving fund'', may be obligated for constructing,
altering, extending, or improving a project which was approved in the
budget process and funded in this account until one year after
substantial completion and beneficial occupancy by the Department of
Veterans Affairs of the project or any part thereof with respect to
that part only: Provided further, That of the funds made available
under this heading in Public Law 103-327, $7,000,000 shall be
transferred to the ``Parking revolving fund''.
Construction, Minor Projects
For constructing, altering, extending, and improving any of the
facilities under the jurisdiction or for the use of the Department of
Veterans Affairs, including planning, architectural and engineering
services, maintenance or guarantee period services costs associated
with equipment guarantees provided under the project, services of
claims analysts, offsite utility and storm drainage system construction
costs, and site acquisition, or for any of the purposes set forth in
sections 316, 2404, 2406, 8102, 8103, 8106, 8108, 8109, 8110, and 8122
of title 38, United States Code, where the estimated cost of a project
is less than $3,000,000, $190,000,000, to remain available until
expended, along with unobligated balances of previous ``Construction,
minor projects'' appropriations which are hereby made available for any
project where the estimated cost is less than $3,000,000: Provided,
That funds in this account shall be available for (1) repairs to any of
the nonmedical facilities under the jurisdiction or for the use of the
Department of Veterans Affairs which are necessary because of loss or
damage caused by any natural disaster or catastrophe, and (2) temporary
measures necessary to prevent or to minimize further loss by such
causes.
Parking Revolving Fund
For the parking revolving fund as authorized by law (38 U.S.C.
8109), income from fees collected, to remain available until expended.
Resources of this fund shall be available for all expenses authorized
by 38 U.S.C. 8109 except operations and maintenance costs which will be
funded from ``Medical care''.
grants for construction of state extended care facilities
For grants to assist the several States to acquire or construct
State nursing home and domiciliary facilities and to remodel, modify or
alter existing hospital, nursing home and domiciliary facilities in
State homes, for furnishing care to veterans as authorized by law (38
U.S.C. 8131-8137), $47,397,000, to remain available until expended.
grants for the construction of state veterans cemeteries
For grants to aid States in establishing, expanding, or improving
State veteran cemeteries as authorized by law (38 U.S.C. 2408),
$1,000,000, to remain available until September 30, 1998.
administrative provisions
(including transfer of funds)
Sec. 101. Any appropriation for 1996 for ``Compensation and
pensions'', ``Readjustment benefits'', and ``Veterans insurance and
indemnities'' may be transferred to any other of the mentioned
appropriations.
Sec. 102. Appropriations available to the Department of Veterans
Affairs for 1996 for salaries and expenses shall be available for
services as authorized by 5 U.S.C. 3109.
Sec. 103. No part of the appropriations in this Act for the
Department of Veterans Affairs (except the appropriations for
``Construction, major projects'', ``Construction, minor projects'', and
the ``Parking revolving fund'') shall be available for the purchase of
any site for or toward the construction of any new hospital or home.
Sec. 104. No part of the foregoing appropriations shall be
available for hospitalization or examination of any persons except
beneficiaries entitled under the laws bestowing such benefits to
veterans, unless reimbursement of cost is made to the appropriation at
such rates as may be fixed by the Secretary of Veterans Affairs.
Sec. 105. Appropriations available to the Department of Veterans
Affairs for fiscal year 1996 for ``Compensation and pensions'',
``Readjustment benefits'', and ``Veterans insurance and indemnities''
shall be available for payment of prior year accrued obligations
required to be recorded by law against the corresponding prior year
accounts within the last quarter of fiscal year 1995.
Sec. 106. Appropriations accounts available to the Department of
Veterans Affairs for fiscal year 1996 shall be available to pay prior
year obligations of corresponding prior year appropriations accounts
resulting from title X of the Competitive Equality Banking Act, Public
Law 100-86, except that if such obligations are from trust fund
accounts they shall be payable from ``Compensation and pensions''.
Sec. 107. Chapter 19 of title 38, United States Code, is amended as
follows:
(1) Section 1920 is amended--
(A) in subsection (a), by inserting ``, and for the
reimbursement of administrative costs under subsection (c)''
before the period at the end of the second sentence; and
(B) by adding at the end the following new subsection:
``(c)(1) For each fiscal year for which this subsection is in
effect, the Secretary shall, from the National Service Life Insurance
Fund, reimburse the `General operating expenses' account of the
Department for the amount of administrative costs determined under
paragraph (2) for that fiscal year. Such reimbursement shall be made
from any surplus earnings for that fiscal year that are available for
dividends on such insurance after claims have been paid and actuarially
determined reserves have been set aside. However, if the amount of such
administrative costs exceeds the amount of such surplus earnings, such
reimbursement shall be made only to the extent of such surplus
earnings.
``(2) The Secretary shall determine the administrative costs to the
Department for a fiscal year for which this subsection is in effect
which, in the judgment of the Secretary, are properly allocable to the
provision of National Service Life Insurance (and to the provision of
any total disability income insurance added to the provision of such
insurance).
``(3) This subsection shall be in effect only with respect to
fiscal year 1996.''.
(2) Section 1923 is amended--
(A) in subsection (a), by inserting ``, and for the
reimbursement of administrative costs under subsection (d)''
before the period at the end of the last sentence; and
(B) by adding at the end the following new subsection:
``(d)(1) For each fiscal year for which this subsection is in
effect, the Secretary shall, from the Veterans' Special Life Insurance
Fund, reimburse the `General operating expenses' account of the
Department for the amount of administrative costs determined under
paragraph (2) for that fiscal year. Such reimbursement shall be made
from any surplus earnings for that fiscal year that are available for
dividends on such insurance after claims have been paid and actuarially
determined reserves have been set aside. However, if the amount of such
administrative costs exceeds the amount of such surplus earnings, such
reimbursement shall be made only to the extent of such surplus
earnings.
``(2) The Secretary shall determine the administrative costs to the
Department for a fiscal year for which this subsection is in effect
which, in
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the judgment of the Secretary, are properly allocable to the
provision of Veterans' Special Life Insurance (and to the provision of
any total disability income insurance added to the provision of such
insurance).
``(3) This subsection shall be in effect only with respect to
fiscal year 1996.''.
(3) Section 1955 is amended--
(A) in subsection (a), by inserting ``, and for the
reimbursement of administrative costs under subsection (c)''
before the period at the end of the first sentence; and
(B) by adding at the end the following new subsection:
``(c)(1) For each fiscal year for which this subsection is in
effect, the Secretary shall, from the United States Government Life
Insurance Fund, reimburse the `General operating expenses' account of
the Department for the amount of administrative costs determined under
paragraph (2) for that fiscal year. Such reimbursement shall be made
from any surplus earnings for that fiscal year that are available for
dividends on such insurance after claims have been paid and actuarially
determined reserves have been set aside. However, if the amount of such
administrative costs exceeds the amount of such surplus earnings, such
reimbursement shall be made only to the extent of such surplus
earnings.
``(2) The Secretary shall determine the administrative costs to the
Department for a fiscal year for which this subsection is in effect
which, in the judgment of the Secretary, are properly allocable to the
provision of United States Government Life Insurance (and to the
provision of any total disability income insurance added to the
provision of such insurance).
``(3) This subsection shall be in effect only with respect to
fiscal year 1996.''.
(4) Section 1982 is amended by striking out ``The United
States'' and inserting in lieu thereof ``Except as provided in
sections 1920(c), 1923(d), and 1955(c) of this title, the United
States''.
Sec. 108. Notwithstanding any other provision of law, the Secretary
of Veterans Affairs is authorized to transfer, without compensation or
reimbursement, the jurisdiction and control of a parcel of land
consisting of approximately 6.3 acres, located on the south edge of the
Department of Veterans Affairs Medical and Regional Office Center,
Wichita, Kansas, including buildings Nos. 8 and 30 and other
improvements thereon, to the Secretary of Transportation for the
purpose of expanding and modernizing United States Highway 54:
Provided, That if necessary, the exact acreage and legal description of
the real property transferred shall be determined by a survey
satisfactory to the Secretary of Veterans Affairs and the Secretary of
Transportation shall bear the cost of such survey: Provided further,
That the Secretary of Transportation shall be responsible for all costs
associated with the transferred land and improvements thereon, and
compliance with all existing statutes and regulations: Provided
further, That the Secretary of Veterans Affairs and the Secretary of
Transportation may require such additional terms and conditions as each
Secretary considers appropriate to effectuate this transfer of land.
Sec. 109. During fiscal year 1996, not to exceed $4,500,000 may be
transferred from ``Medical care'' to ``Medical administration and
miscellaneous operating expenses''. No transfer may occur until 20 days
after the Secretary of Veterans Affairs provides written notice to the
House and Senate Committees on Appropriations.
TITLE II
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Housing Programs
annual contributions for assisted housing
For assistance under the United States Housing Act of 1937, as
amended (``the Act'' herein) (42 U.S.C. 1437), not otherwise provided
for, $10,155,795,000, to remain available until expended: Provided,
That of the total amount provided under this head, $160,000,000 shall
be for the development or acquisition cost of public housing for Indian
families, including amounts for housing under the mutual help
homeownership opportunity program under section 202 of the Act (42
U.S.C. 1437bb): Provided further, That of the total amount provided
under this head, $2,500,000,000 shall be for modernization of existing
public housing projects pursuant to section 14 of the Act (42 U.S.C.
1437l), including up to $20,000,000 for the inspection of public
housing units, contract expertise, and training and technical
assistance, directly or indirectly, under grants, contracts, or
cooperative agreements, to assist in the oversight and management of
public and Indian housing (whether or not the housing is being
modernized with assistance under this proviso) or tenant-based
assistance, including, but not limited to, an annual resident survey,
data collection and analysis, training and technical assistance by or
to officials and employees of the Department and of public housing
agencies and to residents in connection with the public and Indian
housing program: Provided further, That of the total amount provided
under this head, $400,000,000 shall be for rental subsidy contracts
under the section 8 existing housing certificate program and the
housing voucher program under section 8 of the Act, except that such
amounts shall be used only for units necessary to provide housing
assistance for residents to be relocated from existing federally
subsidized or assisted housing, for replacement housing for units
demolished or disposed of (including units to be disposed of pursuant
to a homeownership program under section 5(h) or title III of the
United States Housing Act of 1937) from the public housing inventory,
for funds related to litigation settlements, for the conversion of
section 23 projects to assistance under section 8, for public housing
agencies to implement allocation plans approved by the Secretary for
designated housing, for funds to carry out the family unification
program, and for the relocation of witnesses in connection with efforts
to combat crime in public and assisted housing pursuant to a request
from a law enforcement or prosecution agency: Provided further, That of
the total amount provided under this head, $4,350,862,000 shall be for
assistance under the United States Housing Act of 1937 (42 U.S.C. 1437)
for use in connection with expiring or terminating section 8 subsidy
contracts, such amounts shall be merged with all remaining obligated
and unobligated balances heretofore appropriated under the heading
``Renewal of expiring section 8 subsidy contracts'': Provided further,
That notwithstanding any other provision of law, assistance reserved
under the two preceding provisos may be used in connection with any
provision of Federal law enacted in this Act or after the enactment of
this Act that authorizes the use of rental assistance amounts in
connection with such terminated or expired contracts: Provided further,
That the Secretary may determine not to apply section 8(o)(6)(B) of the
Act to housing vouchers during fiscal year 1996: Provided further, That
of the total amount provided under this head, $610,575,000 shall be for
amendments to section 8 contracts other than contracts for projects
developed under section 202 of the Housing Act of 1959, as amended; and
$261,000,000 shall be for section 8 assistance and rehabilitation
grants for property disposition: Provided further, That during fiscal
year 1996, the Secretary of Housing and Urban Development may manage
and dispose of multifamily properties owned by the Secretary, including
the provision for grants from the General Insurance 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 regard to any other provision of law: Provided further, That 50
per centum of the amounts of budget authority, or in lieu thereof 50
per centum of the cash amounts associated with such budget authority,
that are recaptured from projects des
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cribed in section 1012(a) of the
Stewart B. McKinney Homeless Assistance Amendments Act of 1988 (Public
Law 100-628, 102 Stat. 3224, 3268) shall be rescinded, or in the case
of cash, shall be remitted to the Treasury, and such amounts of budget
authority or cash recaptured and not rescinded or remitted to the
Treasury shall be used by State housing finance agencies or local
governments or local housing agencies with projects approved by the
Secretary of Housing and Urban Development for which settlement
occurred after January 1, 1992, in accordance with such section:
Provided further, That of the total amount provided under this head,
$171,000,000 shall be for housing opportunities for persons with AIDS
under title VIII, subtitle D of the Cranston-Gonzalez National
Affordable Housing Act; and $65,000,000 shall be for the lead-based
paint hazard reduction program as authorized under sections 1011 and
1053 of the Residential Lead-Based Hazard Reduction Act of 1992:
Provided further, That the Secretary may make up to $5,000,000 of any
amount recaptured in this account available for the development of
performance and financial systems.
Of the total amount provided under this head, $624,000,000, plus
amounts recaptured from interest reduction payment contracts for
section 236 projects whose owners prepay their mortgages during fiscal
year 1996 (which amounts shall be transferred and merged with this
account), shall be for use in conjunction with properties that are
eligible for assistance under the Low Income Housing Preservation and
Resident Homeownership Act of 1990 (LIHPRHA) or the Emergency Low-
Income Housing Preservation Act of 1987 (ELIHPA): Provided, That prior
to July 1, 1996, funding to carry out plans of action shall be limited
to sales of projects to non-profit organizations, tenant-sponsored
organizations, and other priority purchasers: Provided further, That of
the amount made available by this paragraph, up to $10,000,000 shall be
available for preservation technical assistance grants pursuant to
section 253 of the Housing and Community Development Act of 1987, as
amended: Provided further, That with respect to amounts made available
by this paragraph, after July 1, 1996, if the Secretary determines that
the demand for funding may exceed amounts available for such funding,
the Secretary (1) may determine priorities for distributing available
funds, including giving priority funding to tenants displaced due to
mortgage prepayment and to projects that have not yet been funded but
which have approved plans of action; and (2) may impose a temporary
moratorium on applications by potential recipients of such funding:
Provided further, That an owner of eligible low-income housing may
prepay the mortgage or request voluntary terminaton of a mortgage
insurance contract, so long as said owner agrees not to raise rents for
sixty days after such prepayment: Provided further, That an owner of
eligible low-income housing who has not timely filed a second notice
under section 216(d) prior to the effective date of this Act may file
such notice by March 1, 1996: Provided further, That such developments
have been determined to have preservation equity at least equal to the
lesser of $5,000 per unit or $500,000 per project or the equivalent of
eight times the most recently published fair market rent for the area
in which the project is located as the appropriate unit size for all of
the units in the eligible project: Provided further, That the Secretary
may modify the regulatory agreement to permit owners and priority
purchasers to retain rental income in excess of the basic rental charge
in projects assisted under section 236 of the National Housing Act, for
the purpose of preserving the low and moderate income character of the
housing: Provided further, That the Secretary may give priority to
funding and processing the following projects provided that the funding
is obligated not later than August 1, 1996: (1) projects with approved
plans of action to retain the housing that file a modified plan of
action no later than July 1, 1996 to transfer the housing; (2) projects
with approved plans of action that are subject to a repayment or
settlement agreement that was executed between the owner and the
Secretary prior to September 1, 1995; (3) projects for which
submissions were delayed as a result of their location in areas that
were designated as a Federal disaster area in a Presidential Disaster
Declaration; and (4) projects whose processing was, in fact or in
practical effect, suspended, deferred, or interrupted for a period of
twelve months or more because of differing interpretations, by the
Secretary and an owner or by the Secretary and a State or local rent
regulatory agency, concerning the timing of filing eligibility or the
effect of a presumptively applicable State or local rent control law or
regulation on the determination of preservation value under section 213
of LIHPRHA, as amended, if the owner of such project filed notice of
intent to extend the low-income affordability restrictions of the
housing, or transfer to a qualified purchaser who would extend such
restrictions, on or before November 1, 1993: Provided further, That
eligible low-income housing shall include properties meeting the
requirements of this paragraph with mortgages that are held by a State
agency as a result of a sale by the Secretary without insurance, which
immediately before the sale would have been eligible low-income housing
under LIHPRHA: Provided further, That notwithstanding any other
provision of law, subject to the availability of appropriated funds,
each unassisted low-income family residing in the housing on the date
of prepayment or voluntary termination, and whose rent, as a result of
a rent increase occurring no later than one year after the date of the
prepayment, exceeds 30 percent of adjusted income, shall be offered
tenant-based assistance in accordance with section 8 or any successor
program, under which the family shall pay no less for rent than it paid
on such date: Provided further, That any family receiving tenant-based
assistance under the preceding proviso may elect (1) to remain in the
unit of the housing and if the rent exceeds the fair market rent or
payment standard, as applicable, the rent shall be deemed to be the
applicable standard, so long as the administering public housing agency
finds that the rent is reasonable in comparison with rents charged for
comparable unassisted housing units in the market or (2) to move from
the housing and the rent will be subject to the fair market rent of the
payment standard, as applicable, under existing program rules and
procedures: Provided further, That up to $10,000,000 of the amount made
available by this paragraph may be used at the discretion of the
Secretary to reimburse owners of eligible properties for which plans of
action were submitted prior to the effective date of this Act, but were
not executed for lack of available funds, with such reimbursement
available only for documented costs directly applicable to the
preparation of the plan of action as determined by the Secretary,and
shall be made available on terms and conditions to be established by
the Secretary: Provided further, That, notwithstanding any other
provision of law, effective October 1, 1996, the Secretary shall
suspend further processing of preservation applications which do not
have approved plans of action.
Of the total amount provided under this head, $780,190,000 shall be
for capital advances, including amendments to capital advance
contracts, for housing for the elderly, as authorized by section 202 of
the Housing Act of 1959, as amended, and for project rental assistance,
and amendments to contracts for project rental assistance, for
supportive housing for the elderly under section 202(c)(2) of the
Housing Act of 1959; and $233,168,000 shall be for capital advances,
including amendments to capital advance contracts, for supportive
housing for persons with disabilities, as authorized by section 8
2000
11 of
the Cranston-Gonzalez National Affordable Housing Act; and for project
rental assistance, and amendments to contracts for project rental
assistance, for supportive housing for persons with disabilities as
authorized by section 811 of the Cranston-Gonzalez National Affordable
Housing Act: Provided, That the Secretary may designate up to 25
percent of the amounts earmarked under this paragraph for section 811
of the Cranston-Gonzalez National Affordable Housing Act for tenant-
based assistance, as authorized under that section, which assistance is
five-years in duration: Provided further, That the Secretary may waive
any provision of section 202 of the Housing Act of 1959 and section 811
of the National Affordable Housing Act (including the provisions
governing the terms and conditions of project rental assistance) that
the Secretary determines is not necessary to achieve the objectives of
these programs, or that otherwise impedes the ability to develop,
operate or administer projects assisted under these programs, and may
make provision for alternative conditions or terms where appropriate.
public housing demolition, site revitalization, and replacement
housing grants
For grants to public housing agencies for the purposes of enabling
the demolition of obsolete public housing projects or portions thereof,
the revitalization (where appropriate) of sites (including remaining
public housing units) on which such projects are located, replacement
housing which will avoid or lessen concentrations of very low-income
families, and tenant-based assistance in accordance with section 8 of
the United States Housing Act of 1937 for the purpose of providing
replacement housing and assisting tenants to be displaced by the
demolition, $280,000,000, to remain available until expended: Provided,
That the Secretary of Housing and Urban Development shall award such
funds to public housing agencies by a competition which includes among
other relevant criteria the local and national impact of the proposed
demolition and revitalization activities and the extent to which the
public housing agency could undertake such activities without the
additional assistance to be provided hereunder: Provided further, That
eligible expenditures hereunder shall be those expenditures eligible
under section 8 and section 14 of the United States Housing Act of 1937
(42 U.S.C. 1437f and l): Provided further, That the Secretary may
impose such conditions and requirements as the Secretary deems
appropriate to effectuate the purposes of this paragraph: Provided
further, That the Secretary may require an agency selected to receive
funding to make arrangements satisfactory to the Secretary for use of
an entity other than the agency to carry out this program where the
Secretary determines that such action will help to effectuate the
purpose of this paragraph: Provided further, That in the event an
agency selected to receive funding does not proceed expeditiously as
determined by the Secretary, the Secretary shall withdraw any funding
made available pursuant to this paragraph that has not been obligated
by the agency and distribute such funds to one or more other eligible
agencies, or to other entities capable of proceeding expeditiously in
the same locality with the original program: Provided further, That of
the foregoing $280,000,000, the Secretary may use up to .67 per centum
for technical assistance, to be provided directly or indirectly by
grants, contracts or cooperative agreements, including training and
cost of necessary travel for participants in such training, by or to
officials and employees of the Department and of public housing
agencies and to residents: Provided further, That any replacement
housing provided with assistance under this head shall be subject to
section 18(f) of the United States Housing Act of 1937, as amended by
section 201(b)(2) of this Act.
flexible subsidy fund
(including transfer of funds)
From the fund established by section 236(g) of the National Housing
Act, as amended, all uncommitted balances of excess rental charges as
of September 30, 1995, and any collections during fiscal year 1996
shall be transferred, as authorized under such section, to the fund
authorized under section 201(j) of the Housing and Community
Development Amendments of 1978, as amended.
rental housing assistance
(rescission)
The limitation otherwise applicable to the maximum payments that
may be required in any fiscal year by all contracts entered into under
section 236 of the National Housing Act (12 U.S.C. 1715z-1) is reduced
in fiscal year 1996 by not more than $2,000,000 in uncommitted balances
of authorizations provided for this purpose in appropriations Acts:
Provided, That up to $163,000,000 of recaptured section 236 budget
authority resulting from the prepayment of mortgages subsidized under
section 236 of the National Housing Act (12 U.S.C. 1715z-1) shall be
rescinded in fiscal year 1996.
payments for operation of low-income housing projects
For payments to public housing agencies and Indian housing
authorities for operating subsidies for low-income housing projects as
authorized by section 9 of the United States Housing Act of 1937, as
amended (42 U.S.C. 1437g), $2,800,000,000.
drug elimination grants for low-income housing
For grants to public and Indian housing agencies for use in
eliminating crime in public housing projects authorized by 42 U.S.C.
11901-11908, for grants for federally assisted low-income housing
authorized by 42 U.S.C. 11909, and for drug information clearinghouse
services authorized by 42 U.S.C. 11921-11925, $290,000,000, to remain
available until expended, of which $10,000,000 shall be for grants,
technical assistance, contracts and other assistance training, program
assessment, and execution for or on behalf of public housing agencies
and resident organizations (including the cost of necessary travel for
participants in such training) and of which $2,500,000 shall be used in
connection with efforts to combat violent crime in public and assisted
housing under the Operation Safe Home program administered by the
Inspector General of the Department of Housing and Urban Development:
Provided, That the term ``drug-related crime'', as defined in 42 U.S.C.
11905(2), shall also include other types of crime as determined by the
Secretary.
home investment partnerships program
For the HOME investment partnerships program, as authorized under
title II of the Cranston-Gonzalez National Affordable Housing Act
(Public Law 101-625), as amended, $1,400,000,000, to remain available
until expended.
Indian Housing Loan Guarantee Fund Program Account
For the cost of guaranteed loans, $3,000,000, as authorized by
section 184 of the Housing and Community Development Act of 1992 (106
Stat. 3739): Provided, That such costs, including the costs of
modifying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974, as amended: Provided further, That
these funds are available to subsidize total loan principal, any part
of which is to be guaranteed, not to exceed $36,900,000.
Homeless Assistance
Homeless Assistance Grants
For the emergency shelter grants program (as authorized under
subtitle B of title IV of the Stewart B. McKinney Homeless Assistance
Act (Public Law 100-77), as amended); the supportive housing program
(as authorized under subtitle C of title IV of such Act); the section 8
moderate rehabilitation single room occupancy program (as authorized
under the United States Housing Act of 1937, as amended) to assist
homeless individuals pursuant to section 441 of the Stewart B. McKinney
Homeless Assistance Act; and the shelter plus care program (as
authorized under subtitle F of title IV of such Act), $823,000,000, to
remain available unt
2000
il expended.
Community Planning and Development
community development grants
(including transfer of funds)
For grants to States and units of general local government and for
related expenses, not otherwise provided for, necessary for carrying
out a community development grants program as authorized by title I of
the Housing and Community Development Act of 1974, as amended (42
U.S.C. 5301), $4,600,000,000, to remain available until September 30,
1998: Provided, That $50,000,000 shall be available for grants to
Indian tribes pursuant to section 106(a)(1) of the Housing and
Community Development Act of 1974, as amended (42 U.S.C. 5301),
$2,000,000 shall be available as a grant to the Housing Assistance
Council, $1,000,000 shall be available as a grant to the National
American Indian Housing Council, and $27,000,000 shall be available for
``special purposegrants'' pursuant to section 107 of such Act: Provided
further, That not to exceed 20 per centum of any grant made with funds
appropriated herein (other than a grant made available under the
preceding proviso to the Housing Assistance Council or the National
American Indian Housing Council, or a grant using funds under section
107(b)(3) of the Housing and Community Development Act of 1974) shall
be expended for ``Planning and Management Development'' and
``Administration'' as defined in regulations promulgated by the
Department of Housing and Urban Development: Provided further, That
section 105(a)(25) of such Act, as added by section 907(b)(1) of the
Cranston-Gonzalez National Affordable Housing Act, shall continue to be
effective after September 30, 1995, notwithstanding section 907(b)(2)
of such Act: Provided further, That section 916 of the Cranston-
Gonzalez National Affordable Housing Act shall apply with respect to
fiscal year 1996, notwithstanding section 916(f) of that Act.
Of the amount provided under this heading, the Secretary of Housing
and Urban Development may use up to $53,000,000 for grants to public
housing agencies (including Indian housing authorities), nonprofit
corporations, and other appropriate entities for a supportive services
program to assist residents of public and assisted housing, former
residents of such housing receiving tenant-based assistance under
section 8 of such Act (42 U.S.C. 1437f), and other low-income families
and individuals to become self-sufficient: Provided, That the program
shall provide supportive services, principally for the benefit of
public housing residents, to the elderly and the disabled, and to
families with children where the head of the household would benefit
from the receipt of supportive services and is working, seeking work,
or is preparing for work by participating in job training or
educational programs: Provided further, That the supportive services
shall include congregate services for the elderly and disabled, service
coordinators, and coordinated educational, training, and other
supportive services, including academic skills training, job search
assistance, assistance related to retaining employment, vocational and
entrepreneurship development and support programs, transportation, and
child care: Provided further, That the Secretary shall require
applicants to demonstrate firm commitments of funding or services from
other sources: Provided further, That the Secretary shall select public
and Indian housing agencies to receive assistance under this head on a
competitive basis, taking into account the quality of the proposed
program (including any innovative approaches), the extent of the
proposed coordination of supportive services, the extent of commitments
of funding or services from other sources, the extent to which the
proposed program includes reasonably achievable, quantifiable goals for
measuring performance under the program over a three-year period, the
extent of success an agency has had in carrying out other comparable
initiatives, and other appropriate criteria established by the
Secretary.
Of the amount made available under this heading, notwithstanding
any other provision of law, $12,000,000 shall be available for
contracts, grants, and other assistance, other than loans, not
otherwise provided for, for providing counseling and advice to tenants
and homeowners both current and prospective, with respect to property
maintenance, financial management, and such other matters as may be
appropriate to assist them in improving their housing conditions and
meeting the responsibilities of tenancy or homeownership, including
provisions for training and for support of voluntary agencies and
services as authorized by section 106 of the Housing and Urban
Development Act of 1968, as amended, notwithstanding section 106(c)(9)
and section 106(d)(13) of such Act.
Of the amount made available under this heading, notwithstanding
any other provision of law, $15,000,000 shall be available for the
tenant opportunity program.
Of the amount made available under this heading, notwithstanding
any other provision of law, $20,000,000 shall be available for
youthbuild program activities authorized by subtitle D of title IV of
the Cranston-Gonzalez National Affordable Housing Act, as amended, and
such activities shall be an eligible activity with respect to any funds
made available under this heading.
For the cost of guaranteed loans, $31,750,000, as authorized by
section 108 of the Housing and Community Development Act of 1974:
Provided, That such costs, including the cost of modifying such loans,
shall be as defined in section 502 of the Congressional Budget Act of
1974, as amended: Provided further, That these funds are available to
subsidize total loan principal, any part of which is to be guaranteed,
not to exceed $1,500,000,000: Provided further, That the Secretary of
Housing and Urban Development may make guarantees not to exceed the
immediately foregoing amount notwithstanding the aggregate limitation
on guarantees set forth in section 108(k) of the Housing and Community
Development Act of 1974. In addition, for administrative expenses to
carry out the guaranteed loan program, $675,000 which shall be
transferred to and merged with the appropriation for departmental
salaries and expenses.
The amount made available for fiscal year 1995 for a special
purpose grant for the renovation of the central terminal in Buffalo,
New York, shall be made available for the central terminal and for
other public facilities in Buffalo, New York.
Policy Development and Research
research and technology
For contracts, grants, and necessary expenses of programs of
research and studies relating to housing and urban problems, not
otherwise provided for, as authorized by title V of the Housing and
Urban Development Act of 1970, as amended (12 U.S.C. 1701z-1 et seq.),
including carrying out the functions of the Secretary under section
1(a)(1)(i) of Reorganization Plan No. 2 of 1968, $34,000,000, to remain
available until September 30, 1997.
Fair Housing and Equal Opportunity
fair housing activities
For contracts, grants, and other assistance, not otherwise provided
for, as authorized by title VIII of the Civil Rights Act of 1968, as
amended by the Fair Housing Amendments Act of 1988, and for contracts
with qualified fair housing enforcement organizations, as authorized by
section 561 of the Housing and Community Development Act of 1987, as
amended by the Housing and Community Development Act of 1992,
$30,000,000, to remain available until September 30, 1997.
Management and Administration
Salaries and Expenses
(including transfers of funds)
For necessary administrative and nonadministrative expenses of the
Department of Housing and Urban Development, not otherwise provided
for, including not to exceed $7,000 for official reception and
representation expenses, $962,558,000, of which
2000
$532,782,000 shall be
provided from the various funds of the Federal Housing Administration,
and $9,101,000 shall be provided from funds of the Government National
Mortgage Association, and $675,000 shall be provided from the Community
Development Grants Program account.
Office of Inspector General
(including transfer of funds)
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978, as
amended, $47,850,000, of which $11,283,000 shall be transferred from
the various funds of the Federal Housing Administration.
Office of Federal Housing Enterprise Oversight
salaries and expenses
(including transfer of funds)
For carrying out the Federal Housing Enterprise Financial Safety
and Soundness Act of 1992, $14,895,000, to remain available until
expended, from the Federal Housing Enterprise Oversight Fund: Provided,
That such amounts shall be collected by the Director as authorized by
section 1316 (a) and (b) of such Act, and deposited in the Fund under
section 1316(f) of such Act.
Federal Housing Administration
fha--mutual mortgage insurance program account
(including transfers of funds)
During fiscal year 1996, commitments to guarantee loans to carry
out the purposes of section 203(b) of the National Housing Act, as
amended, shall not exceed a loan principal of $110,000,000,000:
Provided, That during fiscal year 1996, the Secretary shall sell
assigned mortgage notes having an unpaid principal balance of up to
$4,000,000,000, which notes were originally insured under section
203(b) of the National Housing Act: Provided further, That the
Secretary may use any negative subsidy amounts from the sale of such
assigned mortgage notes during fiscal year 1996 for the disposition of
properties or notes under this heading.
During fiscal year 1996, obligations to make direct loans to carry
out the purposes of section 204(g) of the National Housing Act, as
amended, shall not exceed $200,000,000: Provided, That the foregoing
amount shall be for loans to nonprofit and governmental entities in
connection with sales of single family real properties owned by the
Secretary and formerly insured under section 203 of such Act.
For administrative expenses necessary to carry out the guaranteed
and direct loan program, $341,595,000, to be derived from the FHA-
mutual mortgage insurance guaranteed loans receipt account, of which
not to exceed $334,483,000 shall be transferred to the appropriation
for departmental salaries and expenses; and of which not to exceed
$7,112,000 shall be transferred to the appropriation for the Office of
Inspector General.
fha--general and special risk program account
(including transfers of funds)
For the cost of guaranteed loans, as authorized by sections 238 and
519 of the National Housing Act (12 U.S.C. 1715z-3 and 1735c),
including the cost of modifying such loans, $85,000,000, to remain
available until expended: Provided, That such costs shall be as defined
in section 502 of the Congressional Budget Act of 1974, as amended:
Provided further, That these funds are available to subsidize total
loan principal any part of which is to be guaranteed of not to exceed
$17,400,000,000: Provided further, That during fiscal year 1996, the
Secretary shall sell assigned notes having an unpaid principal balance
of up to $4,000,000,000, which notes were originally obligations of the
funds established under sections 238 and 519 of the National Housing
Act: Provided further, That the Secretary may use any negative subsidy
amounts from the sale of such assigned mortgage notes during fiscal
year 1996, in addition to amounts otherwise provided, for the
disposition of properties or notes under this heading (including the
credit subsidy for the guarantee of loans or the reduction of positive
credit subsidy amounts that would otherwise be required for the sale of
such properties or notes), and for any other purpose under this
heading: Provided further, That any amounts made available in any prior
appropriation Act for the cost (as such term is defined in section 502
of the Congressional Budget Act of 1974) of guaranteed loans that are
obligations of the funds established under section 238 or 519 of the
National Housing Act that have not been obligated or that are
deobligated shall be available to the Secretary of Housing and Urban
Development in connection with the making of such guarantees and shall
remain available until expended, notwithstanding the expiration of any
period of availability otherwise applicable to such amounts.
Gross obligations for the principal amount of direct loans, as
authorized by sections 204(g), 207(l), 238(a), and 519(a) of the
National Housing Act, shall not exceed $120,000,000; of which not to
exceed $100,000,000 shall be for bridge financing in connection with
the sale of multifamily real properties owned by the Secretary and
formerly insured under such Act; and of which not to exceed $20,000,000
shall be for loans to nonprofit and governmental entities in connection
with the sale of single-family real properties owned by the Secretary
and formerly insured under such Act.
In addition, for administrative expenses necessary to carry out the
guaranteed and direct loan programs, $202,470,000, of which
$198,299,000 shall be transferred to the appropriation for departmental
salaries and expenses; and of which $4,171,000 shall be transferred to
the appropriation for the Office of Inspector General.
Government National Mortgage Association
guarantees of mortgage-backed securities loan guarantee program
account
(includes transfer of funds)
During fiscal year 1996, new commitments to issue guarantees to
carry out the purposes of section 306 of the National Housing Act, as
amended (12 U.S.C. 1721(g)), shall not exceed $110,000,000,000.
For administrative expenses necessary to carry out the guaranteed
mortgage-backed securities program, $9,101,000, to be derived from the
GNMA--guarantees of mortgage-backed securities guaranteed loan receipt
account, of which not to exceed $9,101,000 shall be transferred to the
appropriation for departmental salaries and expenses.
administrative provisions
(including transfer of funds)
extend administrative provisions from the rescission act
Sec. 201. (a) Public and Indian Housing Modernization.--
(1) Expansion of use of modernization funding.--Subsection
14(q) of the United States Housing Act of 1937 is amended to read
as follows:
``(q)(1) In addition to the purposes enumerated in subsections (a)
and (b), a public housing agency may use modernization assistance
provided under section 14, and development assistance provided under
section 5(a) that was not allocated, as determined by the Secretary,
for priority replacement housing, for any eligible activity authorized
by this section, by section 5, or by applicable Appropriations Acts for
a public housing agency, including the demolition, rehabilitation,
revitalization, and replacement of existing units and projects and, for
up to 10 percent of its allocation of such funds in any fiscal year,
for any operating subsidy purpose authorized in section 9. Except for
assistance used for operating subsidy purposes under the preceding
sentence, assistance provided to a public housing agency under this
section shall principally be used for the physical improvement or
replacement of public housing and for associated management
improvements, except as otherwise approved by the Secretary. Public
housing units assisted under this paragraph shall be eligible for
operating subsidies, unless the Secretary determines that such units or
projects have not received sufficient assistance under this Act or
2000
do
not meet other requirements of this Act.
``(2) A public housing agency may provide assistance to
developments that include units for other than very low-income families
(`mixed income developments'), in the form of a grant, loan, operating
assistance, or other form of investment which may be made to--
``(A) a partnership, a limited liability company, or other
legal entity in which the public housing agency or its affiliate is
a general partner, managing member, or otherwise participates in
the activities of such entity; or
``(B) any entity which grants to the public housing agency the
option to purchase the development within 20 years after initial
occupancy in accordance with section 42(i)(7) of the Internal
Revenue Code of 1986, as amended. Units shall be made available in
such developments for periods of not less than 20 years, by master
contract or by individual lease, for occupancy by low-income
families referred from time to time by the public housing agency.
The number of such units shall be:
``(i) in the same proportion to the total number of units
in such development that the total financial commitment
provided by the public housing agency bears to the value of the
total financial commitment in the development, or
``(ii) not be less than the number of units that could have
been developed under the conventional public housing program
with the assistance involved, or
``(iii) as may otherwise be approved by the Secretary.
``(3) A mixed income development may elect to have all units
subject only to the applicable local real estate taxes, notwithstanding
that the low-income units assisted by public housing funds would
otherwise be subject to section 6(d) of the Housing Act of 1937.
``(4) If an entity that owns or operates a mixed-income project
under this subsection enters into a contract with a public housing
agency, the terms of which obligate the entity to operate and maintain
a specified number of units in the project as public housing units in
accordance with the requirements of this Act for the period required by
law, such contractual terms may provide that, if, as a result of a
reduction in appropriations under section 9, or any other change in
applicable law, the public housing agency is unable to fulfill its
contractual obligations with respect to those public housing units,
that entity may deviate, under procedures and requirements developed
through regulations by the Secretary, from otherwise applicable
restrictions under this Act regarding rents, income eligibility, and
other areas of public housing management with respect to a portion or
all of those public housing units, to the extent necessary to preserve
the viability of those units while maintaining the low-income character
of the units, to the maximum extent practicable.''.
(2) Applicability.--Section 14(q) of the United States Housing
Act of 1937,as amended by subsection (a) of this section, shall be
effective only with respect to assistance provided from funds made
available for fiscal year 1996 or any preceding fiscal year.
(3) Applicability to IHAs.--In accordance with section
201(b)(2) of the United States Housing Act of 1937, the amendment
made by this subsection shall apply to public housing developed or
operated pursuant to a contract between the Secretary of Housing
and Urban Development and an Indian housing authority.
(b) One-for-One Replacement of Public and Indian Housing.--
(1) Extended authority.--Section 1002(d) of Public Law 104-19
is amended to read as follows:
``(d) Subsections (a), (b), and (c) shall be effective for
applications for the demolition, disposition, or conversion to
homeownership of public housing approved by the Secretary, and other
consolidation and relocation activities of public housing agencies
undertaken, on, before, or after September 30, 1995 and before
September 30, 1996.''.
(2) Section 18(f) of the United States Housing Act of 1937 is
amended by adding at the end the following new sentence:
``No one may rely on the preceding sentence as the basis for
reconsidering a final order of a court issued, or a settlement approved
by, a court.''.
(3) Applicability.--In accordance with section 201(b)(2) of the
United States Housing Act of 1937, the amendments made by this
subsection and by sections 1002 (a), (b), and (c) of Public Law
104-19 shall apply to public housing developed or operated pursuant
to a contract between the Secretary of Housing and Urban
Development and an Indian housing authority.
public and assisted housing rents, income adjustments, and
preferences
Sec. 202. (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 moderate 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
minimum monthly rent of not less than $25, and may require 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
minimum 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 program (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.--
(1) Section 3(a)(2) of the United States Housing 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 replacement reserve (in
the sole discretion of the public housing agency); and
``(B) allow families to pay ceiling rents referred to in
subparagraph (A), unless, with respect 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).
(B) Transition rule.--Prior to the issuance 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 section 3(a)(2)(A) of
the United States Housing 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 comparabl
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e 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
(3) by inserting after subparagraph (G) the following:
``(H) for public housing, any other adjustments to earned
income established by the public 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;''.
(2) Section 8 existing and moderate rehabilitation.--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 programs 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 preferences
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 8 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 notice and an opportunity for public comment, a
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 substantial
rehabilitation.--
(A) Repeal.--Section 545(c) of the Cranston-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 selection preferences under the United
States Housing Act of 1937 shall apply with respect to--
(i) housing constructed or substantially rehabilitated
pursuant to assistance provided under section 8(b)(2) of
the United 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 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 ``preference 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 preferences for occupancy
under'' and inserting ``in accordance with the written
system of preferences for selection established pursuant
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'';
(v) in section 16(c), in the second sentence, by
striking ``the system of preferences established by the
agency pursuant to section 6(c)(4)(A)(ii)'' and inserting
``the written system of preferences for selection
established by the public housing agency pursuant to
section 6(c)(4)(A)''; and
(vi) in section 24(e)--
(I) by striking ``(e) Exceptions'' and all that
follows through ``The Secretary may'' and inserting the
following:
``(e) Exception to General Program Requirements.--The Secretary
may''; and
(II) by striking paragraph (2).
(B) Cranston-gonzalez national affordable 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
preferences for selection established pursuant to section
8(d)(1)(A)''.
(C) Housing and community development act of 1992.--Section
655 of the Housing and Community Development Act of 1992 (42
U.S.C. 13615) is amended by striking ``the preferences'' and
all that follows up to the period 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 preferences 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), respectively, 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 developed or operated pursuant to a contract between the
Secretary 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.
conversion of certain public housing to vouchers
Sec. 203. (a) Identification of Units.--Each public housing agency
shall identify any public housing developments--
(1) that are on the same or contiguous sites;
(2) that total more than--
(A) 300 dwelling units; or
(B) in the case of high-rise family bu
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ildings or
substantially vacant buildings; 300 dwelling units;
(3) that have a vacancy rate of at least 10 percent for
dwelling units not in funded, on schedule modernization programs;
(4) identified as distressed housing that the public housing
agency cannot assure the long-term viability as public housing
through reasonable revitalization, density reduction, or
achievement of a broader range of household income; and
(5) for which the estimated cost of continued operation and
modernization of the developments as public housing exceeds the
cost of providing tenant-based assistance under section 8 of the
United States Housing Act of 1937 for all families in occupancy,
based on appropriate indicators of cost (such as the percentage of
total development cost required for modernization).
(b) Implementation and Enforcement.--
(1) Standards for implementation.--The Secretary shall
establish standards to permit implementation of this section in
fiscal year 1996.
(2) Consultation.--Each public housing agency shall consult
with the applicable public housing tenants and the unit of general
local government in identifying any public housing developments
under subsection (a).
(3) Failure of phas to comply with subsection (a).--Where the
Secretary determines that--
(A) a public housing agency has failed under subsection (a)
to identify public housing developments for removal from the
inventory of the agency in a timely manner;
(B) a public housing agency has failed to identify one or
more public housing developments which the Secretary determines
should have been identified under subsection (a); or
(C) one or more of the developments identified by the
public housing agency pursuant to subsection (a) should not, in
the determination of the Secretary, have been identified under
that subsection;
the Secretary may designate the developments to be removed from the
inventory of the public housing agency pursuant to this section.
(c) Removal of Units From the Inventories of Public Housing
Agencies.--
(1) Each public housing agency shall develop and carry out a
plan in conjunction with the Secretary for the removal of public
housing units identified under subsection (a) or subsection (b)(3),
over a period of up to five years, from the inventory of the public
housing agency and the annual contributions contract. The plan
shall be approved by the relevant local official as not
inconsistent with the Comprehensive Housing Affordability Strategy
under title I of the Housing and Community Development Act of 1992,
including a description of any disposition and demolition plan for
the public housing units.
(2) The Secretary may extend the deadline in paragraph (1) for
up to an additional five years where the Secretary makes a
determination that the deadline is impracticable.
(3) The Secretary shall take appropriate actions to ensure
removal of developments identified under subsection (a) or
subsection (b)(3) from the inventory of a public housing agency, if
the public housing agency fails to adequately develop a plan under
paragraph (1), or fails to adequately implement such plan in
accordance with the terms of the plan.
(4) To the extent approved in appropriations Acts, the
Secretary may establish requirements and provide funding under the
Urban Revitalization Demonstration program for demolition and
disposition of public housing under this section.
(5) Notwithstanding any other provision of law, if a
development is removed from the inventory of a public housing
agency and the annual contributions contract pursuant to paragraph
(1), the Secretary may authorize or direct the transfer of--
(A) in the case of an agency receiving assistance under the
comprehensive improvement assistance program, any amounts
obligated by the Secretary for the modernization of such
development pursuant to section 14 of the United States Housing
Act of 1937;
(B) in the case of an agency receiving public and Indian
housing modernization assistance by formula pursuant to section
14 of the United States Housing Act of 1937, any amounts
provided to the agency which are attributable pursuant to the
formula for allocating such assistance to the development
removed from the inventory of that agency; and
(C) in the case of an agency receiving assistance for the
major reconstruction of obsolete projects, any amounts
obligated by the Secretary for the major reconstruction of the
development pursuant to section 5 of such Act,
to the tenant-based assistance program or appropriate site
revitalization of such agency.
(6) Cessation of unnecessary spending.--Notwithstanding any
other provision of law, if, in the determination of the Secretary,
a development meets or is likely to meet the criteria set forth in
subsection (a), the Secretary may direct the public housing agency
to cease additional spending in connection with the development,
except to the extent that additional spending is necessary to
ensure decent, safe, and sanitary housing until the Secretary
determines or approves an appropriate course of action with respect
to such development under this section.
(d) Conversion to Tenant-Based Assistance.--
(1) The Secretary shall make authority available to a public
housing agency to provide tenant-based assistance pursuant to
section 8 to families residing in any development that is removed
from the inventory of the public housing agency and the annual
contributions contract pursuant to subsection (b).
(2) Each conversion plan under subsection (c) shall--
(A) require the agency to notify families residing in the
development, consistent with any guidelines issued by the
Secretary governing such notifications, that the development
shall be removed from the inventory of the public housing
agency and the families shall receive tenant-based or project-
based assistance, and to provide any necessary counseling for
families; and
(B) ensure that all tenants affected by a determination
under this section that a development shall be removed from the
inventory of a public housing agency shall be offered tenant-
based or project-based assistance and shall be relocated, as
necessary, to other decent, safe, sanitary, and affordable
housing which is, to the maximum extent practicable, housing of
their choice.
(e) In General.--
(1) The Secretary may require a public housing agency to
provide such information as the Secretary considers necessary for
the administration of this section.
(2) As used in this section, the term ``development'' shall
refer to a project or projects, or to portions of a project or
projects, as appropriate.
(3) Section 18 of the United States Housing Act of 1937 shall
not apply to the demolition of developments removed from the
inventory of the public housing agency under this section.
streamlining section 8 tenant-based assistance
Sec. 204. (a) ``Take-One, Take-All''.--Section 8(t) of the United
States Housing Act of 1937 is hereby repealed.
(b) Exemption From Notice Requirements for the Cer- tificate and
Voucher Programs.--Section 8(c) of such Act is amended--
(1) in paragraph (8), by inserting after ``section'' the
following: ``(other than a contract for assistance under the
certificate or voucher program)''; and
(2) in the first sentence of paragraph (9), by striking ``(but
not less than 90 days in the case of housing ce
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rtificates or
vouchers under subsection (b) or (o))'' and inserting ``, other
than a contract under the certificate or voucher program''.
(c) Endless Lease.--Section 8(d)(1)(B) of such Act is amended--
(1) in clause (ii), by inserting ``during the term of the
lease,'' after ``(ii)''; and
(2) in clause (iii), by striking ``provide that'' and inserting
``during the term of the lease,''.
(d) Applicability.--The provisions of this section shall be
effective for fiscal year 1996 only.
section 8 fair market rentals, administrative fees, and delay in
reissuance
Sec. 205. (a) Fair Market Rentals.--The Secretary 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 recent movers and may not
consider the rents for public housing dwelling units or newly
constructed rental dwelling units.
(b) Administrative Fees.--Notwithstanding sections 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 avail- able for such fees during fiscal
year 1996, as if in effect on October 1, 1995.
(c) Delay Reissuance of Vouchers and Certificates.--Notwithstanding
any other provision of law, a public housing agency administering
certificate or voucher assistance provided under subsection (b) or (o)
of section 8 of the United States Housing Act of 1937, as amended,
shall delay for 3 months, the use of any amounts of such assistance (or
the certificate or voucher representing assistance amounts) made
available by the termination during fiscal year 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 committed to
project-based assistance as permitted otherwise by the Act,
accomplished prior to the effective date of this Act.
public housing/section 8 moving to work demonstration
Sec. 206. (a) Purpose.--The purpose of this demonstration is to
give public housing agencies and the Secretary of Housing and Urban
Development the flexibility to design and test various approaches for
providing and administering housing assistance that: reduce cost and
achieve greater cost effectiveness in Federal expenditures; give
incentives to families with children where the head of household is
working, seeking work, or is preparing for work by participating in job
training, educational programs, or programs that assist people to
obtain employment and become economically self-sufficient; and increase
housing choices for low-income families.
(b) Program Authority.--The Secretary of Housing and Urban
Development shall conduct a demonstration program under this section
beginning in fiscal year 1996 under which up to 30 public housing
agencies (including Indian housing authorities) administering the
public or Indian housing program and the section 8 housing assistance
payments program, administering a total number of public housing units
not in excess of 25,000, may be selected by the Secretary to
participate. The Secretary shall provide training and technical
assistance during the demonstration and conduct detailed evaluations of
up to 15 such agencies in an effort to identify replicable program
models promoting the purpose of the demonstration. Under the
demonstration, notwithstanding any provision of the United States
Housing Act of 1937 except as provided in subsection (e), an agency may
combine operating assistance provided under section 9 of the United
States Housing Act of 1937, modernization assistance provided under
section 14 of suchAct, and assistance provided under section 8 of such
Act for the certificate and voucher programs, to provide housing
assistance for low-income families, as defined in section 3(b)(2) of
the United States Housing Act of 1937, and services to facilitate the
transition to work on such terms and conditions as the agency may
propose and the Secretary may approve.
(c) Application.--An application to participate in the
demonstration--
(1) shall request authority to combine assistance under
sections 8, 9, and 14 of the United States Housing Act of 1937;
(2) shall be submitted only after the public housing agency
provides for citizen participation through a public hearing and, if
appropriate, other means;
(3) shall include a plan developed by the agency that takes
into account comments from the public hearing and any other public
comments on the proposed program, and comments from current and
prospective residents who would be affected, and that includes
criteria for--
(A) families to be assisted, which shall require that at
least 75 percent of the families assisted by participating
demonstration public housing authorities shall be very low-
income families, as defined in section 3(b)(2) of the United
States Housing Act of 1937, and at least 50 percent of the
families selected shall have incomes that do not exceed 30
percent of the median family income for the area, as determined
by the Secretary with adjustments for smaller and larger
families, except that the Secretary may establish income
ceilings higher or lower than 30 percent of the median for the
area on the basis of the Secretary's findings that such
variations are necessary because of unusually high or low
family income;
(B) establishing a reasonable rent policy, which shall be
designed to encourage employment and self-sufficiency by
participating families, consistent with the purpose of this
demonstration, such as by excluding some or all of a family's
earned income for purposes of determining rent;
(C) continuing to assist substantially the same total
number of eligible low-income families as would have been
served had the amounts not been combined;
(D) maintaining a comparable mix of families (by family
size) as would have been provided had the amounts not been used
under the demonstration; and
(E) assuring that housing assisted under the demonstration
program meets housing quality standards established or approved
by the Secretary; and
(4) may request assistance for training and technical
assistance to assist with design of the demonstration and to
participate in a detailed evaluation.
(d) Selection.--In selecting among applications, the Secretary
shall take into account the potential of each agency to plan and carry
out a program under the demonstration, the relative performance by an
agency under the public housing management assessment program under
section 6(j) of the United States Housing Act of 1937, and other
appropriate factors as determined by the Secretary.
(e) Applicability of 1937 Act Provisions.--
(1) Section 18 of the United States Housing Act of 1937 shall
continue to apply to public housing notwithstanding any use of the
housing under this demonstration.
(2) Section 12 of such Act shall apply to housing assisted
under the demonstration, other than housing assisted solely due to
occupancy by families receiving tenant-based assistance.
(f) Effect on Section 8, Operating Subsidies, and Comprehensive
Grant Program Allocations.--The amount of assistance received under
s
2000
ection 8, section 9, or pursuant to section 14 by a public housing
agency participating in the demonstration under this part shall not be
diminished by its participation.
(g) Records, Reports, and Audits.--
(1) Keeping of records.--Each agency shall keep such records as
the Secretary may prescribe as reasonably necessary to disclose the
amounts and the disposition of amounts under this demonstration, to
ensure compliance with the requirements of this section, and to
measure performance.
(2) Reports.--Each agency shall submit to the Secretary a
report, or series of reports, in a form and at a time specified by
the Secretary. Each report shall--
(A) document the use of funds made available under this
section;
(B) provide such data as the Secretary may request to
assist the Secretary in assessing the demonstration; and
(C) describe and analyze the effect of assisted activities
in addressing the objectives of this part.
(3) Access to documents by the secretary.--The Secretary shall
have access for the purpose of audit and examination to any books,
documents, papers, and records that are pertinent to assistance in
connection with, and the requirements of, this section.
(4) Access to documents by the comptroller general.--The
Comptroller General of the United States, or any of the duly
authorized representatives of the Comptroller General, shall have
access for the purpose of audit and examination to any books,
documents, papers, and records that are pertinent to assistance in
connection with, and the requirements of, this section.
(h) Evaluation and Report.--
(1) Consultation with pha and family representatives.--In
making assessments throughout the demonstration, the Secretary
shall consult with representatives of public housing agencies and
residents.
(2) Report to congress.--Not later than 180 days after the end
of the third year of the demonstration, the Secretary shall submit
to the Congress a report evaluating the programs carried out under
the demonstration. The report shall also include findings and
recommendations for any appropriate legislative action.
(i) Funding for Technical Assistance and Evaluation.--From amounts
appropriated for assistance under section 14 of the United States
Housing Act of 1937 for fiscal years 1996, 1997, and 1998, the
Secretary may use up to a total of $5,000,000--
(1) to provide, directly or by contract, training and technical
assistance--
(A) to public housing agencies that express an interest to
apply for training and technical assistance pursuant to
subsection (c)(4), to assist them in designing programs to be
proposed for the demonstration; and
(B) to up to 10 agencies selected to receive training and
technical assistance pursuant to subsection (c)(4), to assist
them in implementing the approved program; and
(2) to conduct detailed evaluations of the activities of the
public housing agencies under paragraph (1)(B), directly or by
contract.
repeal of provisions regarding income disregards
Sec. 207. (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 hereby repealed, retroactive to
October 28, 1992, and shall be of no effect.
extension of multifamily housing finance program
Sec. 208. (a) The first sentence of section 542(b)(5) of the
Housing and Community Development Act of 1992 (12 U.S.C. 1707 note) is
amended by striking ``on not more than 15,000 units over fiscal years
1993 and 1994'' and inserting ``on not more than 7,500 units during
fiscal year 1996''.
(b) The first sentence of section 542(c)(4) of the Housing and
Community Development Act of 1992 (12 U.S.C. 1707 note) is amended by
striking ``on not to exceed 30,000 units over fiscal years 1993, 1994,
and 1995'' and inserting ``on not more than 10,000 units during fiscal
year 1996''.
foreclosure of hud-held mortgages through third parties
Sec. 209. During fiscal year 1996, the Secretary of Housing and
Urban Development may delegate to one or more entities the authority to
carry out some or all of the functions and responsibilities of the
Secretary in connection with the foreclosure of mortgages held by the
Secretary under the National Housing Act.
restructuring of the hud multifamily mortgage portfolio through state
housing finance agencies.
Sec. 210. During fiscal year 1996, the Secretary of Housing and
Urban Development may sell or otherwise transfer multifamily mortgages
held by the Secretary under the National Housing Act to a State housing
finance agency in connection with a program authorized under section
542 (b) or (c) of the Housing and Community Development Act of 1992
without regard to the unit limitations in section 542(b)(5) or
542(c)(4) of such Act.
transfer of section 8 authority
Sec. 211. Section 8 of the United States Housing Act of 1937 is
amended by adding the following new subsection at the end:
``(bb) Transfer of Budget Authority--If an assistance contract
under this section, other than a contract for tenant-based assistance,
is terminated or is not renewed, or if the contract expires, the
Secretary shall, in order to provide continued assistance to eligible
families, including eligible families receiving the benefit of the
project-based assistance at the time of the termination, transfer any
budget authority remaining in the contract to another contract. The
transfer shall be under such terms as the Secretary may prescribe.''.
documentation of multifamily refinancings
Sec. 212. Notwithstanding the 16th paragraph under the item
relating to ``administrative provisions'' in title II of the
Departments of Veterans Affairs and Housing and Urban Development, and
Independent Agencies Appropriations Act, 1995 (Public Law 103-327; 108
Stat. 2316), the amendments to section 223(a)(7) of the National
Housing Act made by the 15th paragraph of such Act shall be effective
during fiscal year 1996 and thereafter.
FHA MULTIFAMILY DEMONSTRATION AUTHORITY
Sec. 213. (a) On and after October 1, 1995, and before October 1,
1997, the Secretary of Housing and Urban Development shall initiate a
demonstration program with respect to multifamily projects whose owners
agree to participate and whose mortgages are insured under the National
Housing Act and that are assisted under section 8 of the United States
Housing Act of 1937 and whose present section 8 rents are, in the
aggregate, in excess of the fair market rent of the locality in which
the project is located. These programs shall be designed to test the
feasibility and desirability of the goal of ensuring, to the maximum
extent practicable, that the debt service and operating expenses,
including adequate reserves, attributable to such multifamily projects
can be supported with or without mortgage insurance under the National
Housing Act and with or without above-market rents and utilizing
project-based assistance or, with the consent of the property owner,
tenant-based assistance, while taking into account the need for
assistance of low- and very low-income families in such projects. In
carrying out this demonstration, the Secretary may use arrangements
with third parties, under which the Secretary may provide for the
assumption by the third parties (by delegation, contract, or otherwise)
of some or all of the functions, obligations, and benefits of the
Secretary.
(1) Goals.--The Secretary of Housing and Urban Development
shall carry out the demonstration program
2000
s under this section in a
manner that--
(A) will protect the financial interests of the Federal
Government;
(B) will result in significant discretionary cost savings
through debt restructuring and subsidy reduction; and
(C) will, in the least costly fashion, address the goals
of--
(i) maintaining existing housing stock in a decent,
safe, and sanitary condition;
(ii) minimizing the involuntary displacement of
tenants;
(iii) restructuring the mortgages of such projects in a
manner that is consistent with local housing market
conditions;
(iv) supporting fair housing strategies;
(v) minimizing any adverse income tax impact on
property owners; and
(vi) minimizing any adverse impact on residential
neighborhoods.
In determining the manner in which a mortgage is to be restructured
or the subsidy reduced, the Secretary may balance competing goals
relating to individual projects in a manner that will further the
purposes of this section.
(2) Demonstration approaches.--In carrying out the
demonstration programs, subject to the appropriation in subsection
(f), the Secretary may use one or more of the following approaches:
(A) Joint venture arrangements with third parties, under
which the Secretary may provide for the assumption by the third
parties (by delegation, contract, or otherwise) of some or all
of the functions, obligations, and benefits of the Secretary.
(B) Subsidization of the debt service of the project to a
level that can be paid by an owner receiving an unsubsidized
market rent.
(C) Renewal of existing project-based assistance contracts
where the Secretary shall approve proposed initial rent levels
that do not exceed the greater of 120 percent of fair market
rents or comparable market rents for the relevant metropolitan
market area or at rent levels under a budget-based approach.
(D) Nonrenewal of expiring existing project-based
assistance contracts and providing tenant-based assistance to
previously assisted households.
(b) For purposes of carrying out demonstration programs under
subsection (a)--
(1) the Secretary may manage and dispose of multifamily
properties owned by the Secretary as of October 1, 1995 and
multifamily mortgages held by the Secretary as of October 1, 1995
for properties assisted under section 8 with rents above 110
percent of fair market rents without regard to any other provision
of law; and
(2) the Secretary may delegate to one or more entities the
authority to carry out some or all of the functions and
responsibilities of the Secretary in connection with the
foreclosure of mortgages held by the Secretary under the National
Housing Act.
(c) For purposes of carrying out demonstration programs under
subsection (a), subject to such third party consents (if any) as are
necessary including but notlimited to (i) consent by the Government
National Mortgage Association where it owns a mortgage insured by the
Secretary; (ii) consent by an issuer under the mortgage-backed
securities program of the Association, subject to the responsibilities
of the issuer to its security holders and the Association under such
program; and (iii) parties to any contractual agreement which the
Secretary proposes to modify or discontinue, and subject to the
appropriation in subsection (c), the Secretary or one or more third
parties designated by the Secretary may take the following actions:
(1) Notwithstanding any other provision of law, and subject to
the agreement of the project owner, the Secretary or third party
may remove, relinquish, extinguish, modify, or agree to the removal
of any mortgage, regulatory agreement, project-based assistance
contract, use agreement, or restriction that had been imposed or
required by the Secretary, including restrictions on distributions
of income which the Secretary or third party determines would
interfere with the ability of the project to operate without above
market rents. The Secretary or third party may require an owner of
a property assisted under the section 8 new construction/
substantial rehabilitation program to apply any accumulated
residual receipts toward effecting the purposes of this section.
(2) Notwithstanding any other provision of law, the Secretary
of Housing and Urban Development may enter into contracts to
purchase reinsurance, or enter into participations or otherwise
transfer economic interest in contracts of insurance or in the
premiums paid, or due to be paid, on such insurance to third
parties, on such terms and conditions as the Secretary may
determine.
(3) The Secretary may offer project-based assistance with rents
at or below fair market rents for the locality in which the project
is located and may negotiate such other terms as are acceptable to
the Secretary and the project owner.
(4) The Secretary may offer to pay all or a portion of the
project's debt service, including payments monthly from the
appropriate Insurance Fund, for the full remaining term of the
insured mortgage.
(5) Notwithstanding any other provision of law, the Secretary
may forgive and cancel any FHA-insured mortgage debt that a
demonstration program property cannot carry at market rents while
bearing full operating costs.
(6) For demonstration program properties that cannot carry full
operating costs (excluding debt service) at market rents, the
Secretary may approve project-based rents sufficient to carry such
full operating costs and may offer to pay the full debt service in
the manner provided in paragraph (4).
(d) Community and Tenant Input.--In carrying out this section, the
Secretary shall develop procedures to provide appropriate and timely
notice to officials of the unit of general local government affected,
the community in which the project is situated, and the tenants of the
project.
(e) Limitation on Demonstration Authority.--The Secretary may carry
out demonstration programs under this section with respect to mortgages
not to exceed 15,000 units. The demonstration authorized under this
section shall not be expanded until the reports required under
subsection (g) are submitted to the Congress.
(f) Appropriation.--For the cost of modifying loans held or
guaranteed by the Federal Housing Administration, as authorized by this
subsection (a)(2) and subsection (c), $30,000,000, to remain available
until September 30, 1997: Provided, That such costs shall be as defined
in section 502 of the Congressional Budget Act of 1974, as amended.
(g) Report to Congress.--The Secretary shall submit to the Congress
every six months after the date of enactment of this Act a report
describing and assessing the programs carried out under the
demonstrations. The Secretary shall also submit a final report to the
Congress not later than six months after the end of the demonstrations.
The reports shall include findings and recommendations for any
legislative action appropriate. The reports shall also include a
description of the status of each multifamily housing project selected
for the demonstrations under this section. The final report may
include--
(1) the size of the projects;
(2) the geographic locations of the projects, by State and
region;
(3) the physical and financial condition of the projects;
(4) the occupancy profile of the projects, including the
income, family size, race, and ethnic origin of current tenants,
and the rents paid by such tenants;
(5) a description of actions undertaken pursuant to this
section, includi
2000
ng a description of the effectiveness of such
actions and any impediments to the transfer or sale of multifamily
housing projects;
(6) a description of the extent to which the demonstrations
under this section have displaced tenants of multifamily housing
projects;
(7) a description of any of the functions performed in
connection with this section that are transferred or contracted out
to public or private entities or to States;
(8) a description of the impact to which the demonstrations
under this section have affected the localities and communities
where the selected multifamily housing projects are located; and
(9) a description of the extent to which the demonstrations
under this section have affected the owners of multifamily housing
projects.
section 8 contract renewals
Sec. 214. (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 provide 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
termination, 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 contracts for
assistance under section 8 that expire or terminate 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 may extend expiring
contracts entered into under this section 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 paragraph (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. 215. Section 255(g) of the National Housing Act (12 U.S.C.
1715z-20(g)) is amended--
(1) in the first sentence, by striking ``September 30, 1995''
and inserting ``September 30, 1996''; and
(2) in the second sentence, by striking ``25,000'' and
inserting ``30,000''.
assessment collection dates for office of federal housing enterprise
oversight
Sec. 216. Section 1316(b) of the Housing and Community Development
Act of 1992 (12 U.S.C. 4516(b)) is amended by striking paragraph (2)
and inserting the following new paragraph:
``(2) Timing of payment.--The annual assessment shall be payable
semiannually for each fiscal year, on October 1 and April 1.''.
merger language for assistance for the renewal of expiring section 8
subsidy contracts and annual contributions for assisted housing
Sec. 217. All remaining obligated and unobligated balances in the
Renewal of Expiring Section 8 Subsidy Contracts account on September
30, 1995, shall immediately thereafter be transferred to and merged
with the obligated and unobligated balances, respectively, of the
Annual Contributions for Assisted Housing account.
debt forgiveness
Sec. 218. (a) The Secretary of Housing and Urban Development shall
cancel the indebtedness of the Hubbard Hospital Authority of Hubbard,
Texas, relating to the public facilities loan for Project Number PFL-
TEX-215, issued under title II of the Housing Amendments of 1955. Such
hospital authority is relieved of all liability to the Government for
the outstanding principal balance on such loan, for the amount of
accrued interest on such loan, and for any fees and charges payable in
connection with such loan.
(b) The Secretary of Housing and Urban Development shall cancel the
indebtedness of the Groveton Texas Hospital Authority relating to the
public facilities loan for Project Number TEX-41-PFL0162, issued under
title II of the Housing Amendments of 1955. Such hospital authority is
relieved of all liability to the Government for the outstanding
principal balance on such loan, for the amount of accrued interest on
such loan, and for any fees and charges payable in connection with such
loan.
(c) The Secretary of Housing and Urban Development shall cancel the
indebtedness of the Hepzibah Public Service District of Hepzibah, West
Virginia, relating to the public facilities loan for Project Number WV-
46-PFL0031, issued under title II of the Housing Amendments of 1955.
Such public service district is relieved of all liability to the
Government for the outstanding principal balance on such loan, for the
amount of accrued interest on such loan, and for any fees and charges
payable in connection with such loan.
clarifications
Sec. 219. For purposes of Federal law, the Paul Mirabile Center in
San Diego, California, including areas within such Center that are
devoted to the delivery of supportive services, has been determined to
satisfy the ``continuum of care'' requirements of the Department of
Housing and Urban Development, and shall be treated as--
(a) consisting solely of residential units that (i) contain
sleeping accommodations and kitchen and bathroom facilities, (ii)
are located in a building that is used exclusively to facilitate
the transition of homeless individuals (within the meaning of
section 103 of the Stewart B. McKinney Homeless Assistance Act (42
U.S.C. 11302), as in effect on December 19, 1989) to independent
living within 24 months, (iii) are suitable for occupancy, with
each cubicle constituting a separate bedroom and residential unit,
(iv) are used on other than a transient basis, and (v) shall be
originally placed in service on November 1, 1995; and
(b) property that is entirely residential rental property,
namely, a project for residential rental property.
employment limitations
Sec. 220. (a) By the end of fiscal year 1996 the Department of
Housing and Urban Development shall employ no more than seven Assistant
Secretaries, notwithstanding section 4(a) of the Department of Housing
and Urban Development Act.
(b) By the end of fiscal year 1996 the Department of Housing and
Urban Development shall employ no more than 77 schedule C and 20 non-
career senior executive service employees.
use of funds
Sec. 221. (a) Of the $93,400,000 earmarked in Public Law 101-144
(103 Stat. 850), as amended by Public Law 101-302 (104 Stat. 237), for
special projects and purposes, any amounts remaining of the $500,000
made available to Bethlehem House in Highland, California, for site
planning and loan acquisition shall instead be made available to the
County of San Bernardino in California to assist with the expansion of
the Los Padrinos Gang Intervention Program and the Unity Home Domestic
Violence Shelter.
(b) T
2000
he amount made available for fiscal year 1995 for the removal
of asbestos from an abandoned public school building in Toledo, Ohio
shall be made available for the renovation and rehabilitation of an
industrial building at the University of Toledo in Toledo, Ohio.
lead-based paint abatement
Sec. 222. (a) Section 1011 of Title X--Residential Lead-Based Paint
Hazard Reduction Act of 1992 is amended as follows: Strike ``priority
housing'' wherever it appears in said section and insert ``housing''.
(b) Section 1011(a) shall be amended as follows: At the end of the
subsection after the period, insert: ``Grants shall only be made under
this section to provide assistance for housing which meets the
following criteria--
``(1) for grants made to assist rental housing, at least 50
percent of the units must be occupied by or made available to
families with incomes at or below 50 percent of the area median
income level and the remaining units shall be occupied or made
available to families with incomes at or below 80 percent of the
area median income level, and in all cases the landlord shall give
priority in renting units assisted under this section, for not less
than 3 years following the completion of lead abatement activities,
to families with a child under the age of six years, except that
buildings with five or more units may have 20 percent of the units
occupied by families with incomes above 80 percent of area median
income level;
``(2) for grants made to assist housing owned by owner-
occupants, all units assisted with grants under this section shall
be the principal residence of families with income at or below 80
percent of the area median income level, and not less than 90
percent of the units assisted with grants under this section shall
be occupied by a child under the age of six years or shall be units
where a child under the age of six years spends a significant
amount of time visiting; and
``(3) notwithstanding paragraphs (1) and (2), Round II grantees
who receive assistance under this section may use such assistance
for priority housing.''.
extension period for sharing utility cost savings with phas
Sec. 223. Section 9(a)(3)(B)(i) of the United States Housing Act of
1937 is amended by striking ``for a period not to exceed 6 years''.
mortgage note sales
Sec. 223A. The first sentence of section 221(g)(4)(C)(viii) of the
National Housing Act is amended by striking ``September 30, 1995'' and
inserting in lieu thereof ``September 30, 1996''.
repeal of frost-leland
Sec. 223B. Section 415 of the Department of Housing and Urban
Development--Independent Agencies Appropriations Act, 1988 (Public Law
100-202; 101 Stat. 1329-213) is repealed.
fha single-family assignment program reform
Sec. 223C. (a) Foreclosure Avoidance.--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 insurance benefits to the mortgagee to
recompense the mortgagee for its actions to provide an alternative to
the foreclosure 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 discretion, 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 Secretary or the mortgagee
shall be subject to judicial review.''.
(b) Authority To Assist Mortgagors in Default.--Section 230 of the
National Housing Act (12 U.S.C. 1715u) is amended 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 partial claim to a mortgagee that
agrees to apply the claim amount to payment of a mortgage on a 1- to 4-
family residence that is in default. Any such payment under such
program to the mortgagee shall be made in the sole discretion of the
Secretary and on terms and conditions acceptable 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 appropriate insurance
fund, in connection with any activities that the mortgagee is required
to undertake concerning 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 Secretary, upon request of the mortgagee, of
a mortgage on a 1- to 4-family residence insured under this Act.
``(2) Program requirements.--The Secretary 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 mortgage to cure the
default and provide for mortgage payments within the reasonable
ability of the mortgagor to pay, at interest rates not
exceeding 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 determined
to be in the best interests of the appropriate insurance fund.
``(3) Payment of insurance benefits.--Upon accepting assignment
of a mortgage under a program established under this subsection,
the Secretary 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
expenses resulting from the mortgage modification.
``(c) Prohibition of judicial review.--No decision by the Secretary
to exercise or forego exercising any authority under this section shall
be subject to judicial review.''.
(c) 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 pursuant
to subsection (b) of this sectionas in effect before such date of
enactment shall continue to be governed by the provisions of such
section, as in effect immediately before such date of enactment.
(d) Applicability of Other Laws.--No provision of this Act, or any
other law, shall be construed to require the Secretary of Housing and
Urban Development to provide an alternative to foreclosure for
mortgagees with mortgages on 1- to 4-family residences insured by the
Secretary under the National Housing Act, or to accept assignments of
such mortgages.
(e) Applicability of Amendments.--Except as provided in subsection
(d), the amendments made by subsections (a) and (b) shall apply with
respect to mortgages originated before fiscal year 1996.
(f) Regulations.--Not later than 60 days after the date of
enactment of this Act, the Secretary of Housing and Urban Development
shall issue interim regulations to implement this section and
amendments made by this section.
(g) Effectiveness and Applicability.--If this Act is enacted after
2000
the date of enactment of the Balanced Budget Act of 1995--
(1) subsections (a), (b), (c), (d), and (e) of this section
shall not take effect; and
(2) section 2052(c) of the Balanced Budget Act of 1995 is
amended by striking ``that are originated on or after October 1,
1995'' and inserting in lieu thereof ``to mortgages originated
before, during, and after fiscal year 1996.''.
spending limitations
Sec. 223D. (a) None of the funds in this Act may be used by the
Secretary to impose any sanction, or penalty because of the enactment
of any State or local law or regulation declaring English as the
official language.
(b) No part of any appropriation contained in this Act shall be
used for lobbying activities as prohibited by law.
transfer of functions to the department of justice
Sec. 223E. All functions, activities and responsibilities of the
Secretary of Housing and Urban Development relating to title VIII of
the Civil Rights Act of 1968, as amended by the Fair Housing Amendments
Act of 1988, and the Fair Housing Act, including any rights guaranteed
under the Fair Housing Act (including any functions relating to the
Fair Housing Initiatives program under section 561 of the Housing and
Community Development Act of 1987), are hereby transferred to the
Attorney General of the United States effective April 1, 1997:
Provided, That none of the aforementioned authority or responsibility
for enforcement of the Fair Housing Act shall be transferred to the
Attorney General until adequate personnel and resources allocated to
such activity at the Department of Housing and Urban Development are
transferred to the Department of Justice.
Sec. 224. None of the funds provided in this Act may be used during
fiscal year 1996 to investigate or prosecute under the Fair Housing Act
(42 U.S.C. 3601, et seq.) any otherwise lawful activity engaged in by
one or more persons, including the filing or maintaining of non-
frivolous legal action, that is engaged in solely for the purposes of
achieving or preventing action by a Government official, entity, or
court of competent jurisdiction.
Sec. 225. None of the funds provided in this Act many be used to
take any enforcement action with respect to a complaint of
discrimination under the Fair Housing Act (42 U.S.C. 3601, et seq.) on
the basis of familial status and which involves an occupancy standard
established by the housing provider except to the extent that it is
found that there has been discrimination in contravention of the
standards provided in the March 20, 1991 Memorandum from the General
Counsel of the Department of Housing and Urban Development to all
Regional Counsel or until such time that HUD issues a final rule in
accordance with section 553 of title 5, United States Code.
cdbg eligible activities
Sec. 226. Section 105(a) of the Housing and Community Development
Act of 1974 (42 U.S.C. 5305(a)) is amended--
(1) in paragraph (4)--
(A) by inserting ``reconstruction,'' after ``removal,'';
and
(B) by striking ``acquisition for rehabilitation, and
rehabilitation'' and inserting ``acquisition for reconstruction
or rehabilitation, and reconstruction or rehabilitation'';
(2) in paragraph (13), by striking ``and'' at the end;
(3) by striking paragraph (19);
(4) in paragraph (24), by striking ``and'' at the end;
(5) in paragraph (25), by striking the period at the end and
inserting ``; and'';
(6) by redesignating paragraphs (20) through (25) as paragraphs
(19) through (24), respectively; and
(7) by redesignating paragraph (21) (as added by section
1012(f)(3) of the Housing and Community Development Act of 1992) as
paragraph (25).
TITLE III
INDEPENDENT AGENCIES
American Battle Monuments Commission
salaries and expenses
For necessary expenses, not otherwise provided for, of the American
Battle Monuments Commission, including the acquisition of land or
interest in land in foreign countries; purchases and repair of uniforms
for caretakers of national cemeteries and monuments outside of the
United States and its territories and possessions; rent of office and
garage space in foreign countries; purchase (one for replacement only)
and hire of passenger motor vehicles; and insurance of official motor
vehicles in foreign countries, when required by law of such countries;
$20,265,000, to remain available until expended: Provided, That where
station allowance has been authorized by the Department of the Army for
officers of the Army serving the Army at certain foreign stations, the
same allowance shall be authorized for officers of the Armed Forces
assigned to the Commission while serving at the same foreign stations,
and this appropriation is hereby made available for the payment of such
allowance: Provided further, That when traveling on business of the
Commission, officers of the Armed Forces serving as members or as
Secretary of the Commission may be reimbursed for expenses as provided
for civilian members of the Commission: Provided further, That the
Commission shall reimburse other Government agencies, including the
Armed Forces, for salary, pay, and allowances of personnel assigned to
it.
Consumer Product Safety Commission
salaries and expenses
For necessary expenses of the Consumer Product Safety Commission,
including hire of passenger motor vehicles, services as authorized by 5
U.S.C. 3109, but at rates for individuals not to exceed the per diem
rate equivalent to the rate for GS-18, purchase of nominal awards to
recognize non-Federal officials' contributions to Commission
activities, and not to exceed $500 for official reception and
representation expenses, $40,000,000.
Corporation for National and Community Service
national and community service programs operating expenses
For necessary expenses for the Corporation for National and
Community Service in carrying out the orderly termination of programs,
activities, and initiatives under the National and Community Service
Act of 1990, as amended (Public Law 103-82), $15,000,000: Provided,
That such amount shall be utilized to resolve all responsibilities and
obligations in connection with said Corporation and the Corporation's
Office of Inspector General.
Court of Veterans Appeals
Salaries and Expenses
For necessary expenses for the operation of the United States Court
of Veterans Appeals as authorized by 38 U.S.C. sections 7251-7292,
$9,000,000, of which not to exceed $678,000, to remain available until
September 30, 1997, shall be available for the purpose of providing
financial assistance as described, and in accordance with the process
and reporting procedures set forth, under this head in Public Law 102-
229.
Department of Defense--Civil
Cemeterial Expenses, Army
Salaries and Expenses
For necessary expenses, as authorized by law, for maintenance,
operation, and improvement of Arlington National Cemetery and Soldiers'
and Airmen's Home National Cemetery, and not to exceed $1,000 for
official reception and representation expenses; $11,946,000, to remain
available until expended.
Environmental Protection Agency
science and technology
For science and technology, including research and development
activities, which shall include research and development activities
under the Comprehensive Environmental Response, Compensation and
Liability Act of 1980 (CERCLA), as amended; necessary expenses for
personnel and related costs and travel expenses, including uniforms, or
allowances therefore, as authorized by 5 U.S.C. 5901-5902; services as
authorized by 5 U.S.C. 310
2000
9, but at rates for individuals not to exceed
the per diem rate equivalent to the rate for GS-18; procurement of
laboratory equipment and supplies; other operating expenses in support
of research and development; construction, alteration, repair,
rehabilitation and renovation of facilities, not to exceed $75,000 per
project; $525,000,000, which shall remain available until September 30,
1997.
environmental programs and management
For environmental programs and management, including necessary
expenses, not otherwise provided for, for personnel and related costs
and travel expenses, including uniforms, or allowances therefore, as
authorized by 5 U.S.C. 5901-5902; services as authorized by 5 U.S.C.
3109, but at rates for individuals not to exceed the per diem rate
equivalent to the rate for GS-18; hire of passenger motor vehicles;
hire, maintenance, and operation of aircraft; purchase of reprints;
library memberships in societies or associations which issue
publications to members only or at a price to members lower than to
subscribers who are not members; construction, alteration, repair,
rehabilitation, and renovation of facilities, not to exceed $75,000 per
project; and not to exceed $6,000 for official reception and
representation expenses; $1,550,300,000, which shall remain available
until September 30, 1997: Provided, That, notwithstanding any other
provision of law, for this fiscal year and hereafter, an industrial
discharger that is a pharmaceutical manufacturing facility and
discharged to the Kalamazoo Water Reclamation Plant (an advanced
wastewater treatment plant with activated carbon) prior to the date of
enactment of this Act may be exempted from categorical pretreatment
standards under section 307(b) of the Federal Water Pollution Control
Act, as amended, if the following conditions are met:
(1) the owner or operator of the Kalamazoo Water Reclamation
Plant applies to the State of Michigan for an exemption for such
industrial discharger,
(2) the State or Administrator, as applicable, approves such
exemption request based upon a determination that the Kalamazoo
Water Reclamation Plant will provide treatment and pollution
removal equivalent to or better than that which would be required
through a combination of pretreatment by such industrial discharger
and treatment by the Kalamazoo Water Reclamation Plant in the
absence of the exemption, and
(3) compliance with paragraph (2) is addressed by the
provisions and conditions of a permit issued to the Kalamazoo Water
Reclamation Plant under section 402 of such Act, and there exists
an operative financial contract between the City of Kalamazoo and
the industrial user and an approved local pretreatment program,
including a joint monitoring program and local controls to prevent
against interference and pass through.
Office of Inspector General
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978, as
amended, and for construction, alteration, repair, rehabilitation, and
renovation of facilities, not to exceed $75,000 per project,
$28,500,000.
Buildings and Facilities
For construction, repair, improvement, extension, alteration, and
purchase of fixed equipment or facilities of, or use by, the
Environmental Protection Agency, $60,000,000, to remain available until
expended.
Hazardous Substance Superfund
(including transfer of funds)
For necessary expenses to carry out the Comprehensive Environmental
Response, Compensation and Liability Act of 1980 (CERCLA), as amended,
including sections 111 (c)(3), (c)(5), (c)(6), and (e)(4) (42 U.S.C.
9611), and for construction, alteration, repair, rehabilitation, and
renovation of facilities, not to exceed $75,000 per project; not to
exceed $1,163,400,000, to remain available until expended, consisting
of $913,400,000 as authorized by section 517(a) of the Superfund
Amendments and Reauthorization Act of 1986 (SARA), as amended by Public
Law 101-508, and $250,000,000 as a payment from general revenues to the
Hazardous Substance Superfund as authorized by section 517(b) of SARA,
as amended by Public Law 101-508: Provided, That funds appropriated
under this heading may be allocated to other Federal agencies in
accordance with section 111(a) of CERCLA: Provided further, That
$11,000,000 of the funds appropriated under this heading shall be
transferred to the Office of Inspector General appropriation to remain
available until September 30, 1996: Provided further, That
notwithstanding section 111(m) of CERCLA or any other provision of law,
not to exceed $59,000,000 of the funds appropriated under this heading
shall be available to the Agency for Toxic Substances and Disease
Registry to carry out activities described in sections 104(i),
111(c)(4), and 111(c)(14) of CERCLA and section 118(f) of the Superfund
Amendments and Reauthorization Act of 1986: Provided further, That none
of the funds appropriated under this heading shall be available for the
Agency for Toxic Substances and Disease Registry to issue in excess of
40 toxicological profiles pursuant to section 104(i) of CERCLA during
fiscal year 1996: Provided further, That none of the funds made
available under this heading may be used by the Environmental
Protection Agency to propose for listing or to list any additional
facilities on the National Priorities List established by section 105
of the Comprehensive Environmental Response, Compensation and Liability
Act (CERCLA), as amended (42 U.S.C. 9605), unless the Administrator
receives a written request to propose for listing or to list a facility
from the Governor of the State in which the facility is located, or
unless legislation to reauthorize CERCLA is enacted.
leaking underground storage tank trust fund
(including transfer of funds)
For necessary expenses to carry out leaking underground storage
tank cleanup activities authorized by section 205 of the Superfund
Amendments and Reauthorization Act of 1986, and for construction,
alteration, repair, rehabilitation, and renovation of facilities, not
to exceed $75,000 per project, $45,827,000, to remain available until
expended: Provided, That no more than $7,000,000 shall be available for
administrative expenses: Provided further, That $500,000 shall be
transferred to the Office of Inspector General appropriation to remain
available until September 30, 1996.
oil spill response
(including transfer of funds)
For expenses necessary to carry out the Environmental Protection
Agency's responsibilities under the Oil Pollution Act of 1990,
$15,000,000, to be derived from the Oil Spill Liability trust fund, and
to remain available until expended: Provided, That not more than
$8,000,000 of these funds shall be available for administrative
expenses.
State and Tribal Assistance Grants
For environmental programs and infrastructure assistance, including
capitalization grants for State revolving funds and performance
partnership grants, $2,323,000,000, to remain available until expended,
of which $1,400,000,000 shall be for making capitalization grants for
State revolving funds to support water infrastructure financing;
$100,000,000 for architectural, engineering, design, construction and
related activities in connection with the construction of high priority
water and wastewater facilities in the area of the United States-Mexico
Border, after consultation with the appropriate border commission;
$50,000,000 for grants to the State of Texas, which shall be matched by
an equal amount of State funds from State resources, for the purpose of
improving wastewater treatment for colonias; $15,000,000 for grants to
the State of Alaska, subject to an appropriate cost share as determined
by the Administrator,
2000
to address wastewater infrastructure needs of
rural and Alaska Native villages; and $100,000,000 for making grants
for the construction of wastewater treatment facilities and the
development of groundwater in accordance with the terms and conditions
specified for such grants in the Conference Report accompanying this
Act (H.R. 2099): Provided, That beginning in fiscal year 1996 and each
fiscal year thereafter, and notwithstanding any other provision of law,
the Administrator is authorized to make grants annually from funds
appropriated under this heading, subject to such terms and conditions
as the Administrator shall establish, to any State or federally
recognized Indian tribe for multimedia or single media pollution
prevention, control and abatement and related environmental activities
at the request of the Governor or other appropriate State official or
the tribe: Provided further, That from funds appropriated under this
heading, the Administrator may make grants to federally recognized
Indian governments for the development of multimedia environmental
programs: Provided further, That of the $1,400,000,000 for
capitalization grants for State revolving funds to support water
infrastructure financing, $275,000,000 shall be for drinking water
State revolving funds, but if no drinking water State revolving fund
legislation is enacted by June 1, 1996, these funds shall immediately
be available for making capitalization grants under title VI of the
Federal Water Pollution Control Act, as amended: Provided further, That
of the funds made available in Public Law 103-327 and in Public Law
103-124 for capitalization grants for State revolving funds to support
water infrastructure financing, $225,000,000 shall be made available
for capitalization grants for State revolving funds under title VI of
the Federal Water Pollution Control Act, as amended, if no drinking
water State revolving fund legislation is enacted by June 1, 1996:
Provided further, That of the funds made available under this heading
for capitalization grants for State Revolving Funds under title VI of
the Federal Water Pollution Control Act, as amended, $50,000,000 shall
be for wastewater treatment in impoverished communities pursuant to
section 102(d) of H.R. 961 as approved by the United States House of
Representatives on May 16, 1995: Provided further, That of the funds
appropriated in the Construction Grants and Water Infrastructure/State
Revolving Funds accounts since the appropriation for the fiscal year
ending September 30, 1992, and hereafter, for making grants for
wastewater treatment works construction projects, portions may be
provided by the recipients to States for managing construction grant
activities, on condition that the States agree to reimburse the
recipients from State funding sources: Provided further, That the funds
made available in Public Law 103-327 for a grant to the City of Mt.
Arlington, New Jersey, in accordance with House Report 103-715, shall
be available for a grant to that city for water and sewer improvements.
Administrative Provisions
Sec. 301. None of the funds provided in this Act may be used within
the Environmental Protection Agency for any final action by the
Administrator or her delegate for signing and publishing for
promulgation of a rule concerning any new standard for radon in
drinking water.
Sec. 302. None of the funds provided in this Act may be used during
fiscal year 1996 to sign, promulgate, implement or enforce the
requirement proposed as ``Regulation of Fuels and Fuel Additives:
Individual Foreign Refinery Baseline Requirements for Reformulated
Gasoline'' at volume 59 of the Federal Register at pages 22800 through
22814.
Sec. 303. None of the funds appropriated to the Environmental
Protection Agency for fiscal year 1996 may be used to implement section
404(c) of the Federal Water Pollution Control Act, as amended. No
pending action by the Environmental Protection Agency to implement
section 404(c) with respect to an individual permit shall remain in
effect after the date of enactment of this Act.
Sec. 304. None of the funds appropriated under this Act may be used
to implement the requirements of section 186(b)(2), section 187(b) or
section 211(m) of the Clean Air Act (42 U.S.C. 7512(b)(2), 7512a(b), or
7545(m)) with respect to any moderate nonattainment area in which the
average daily winter temperature is below 0 degrees Fahrenheit. The
preceding sentence shall not be interpreted to preclude assistance from
the Environmental Protection Agency to the State of Alaska to make
progress toward meeting the carbon monoxide standard in such areas and
to resolve remaining issues regarding the use of oxygenated fuels in
such areas.
Executive Office of the President
office of science and technology policy
For necessary expenses of the Office of Science and Technology
Policy, in carrying out the purposes of the National Science and
Technology Policy, Organization, and Priorities Act of 1976 (42 U.S.C.
6601 and 6671), hire of passenger motor vehicles, services as
authorized by 5 U.S.C. 3109, not to exceed $2,500 for official
reception and representation expenses, and rental of conference rooms
in the District of Columbia, $4,981,000: Provided, That the Office of
Science and Technology Policy shall reimburse other agencies for not
less than one-half of the personnel compensation costs of individuals
detailed to it.
council on environmental quality and office of environmental quality
For necessary expenses to continue functions assigned to the
Council on Environmental Quality and Office of Environmental Quality
pursuant to the National Environmental Policy Act of 1969, the
Environmental Improvement Act of 1970 and Reorganization Plan No. 1 of
1977, $1,000,000.
Federal Emergency Management Agency
Disaster Relief
For necessary expenses in carrying out the functions of the Robert
T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.
5121 et seq.), $222,000,000, to remain available until expended.
disaster assistance direct loan program account
For the cost of direct loans, $2,155,000, as authorized by section
319 of the Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5121 et seq.): Provided, That such costs, including the
cost of modifying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974, as amended: Provided further, That
these funds are available to subsidize gross obligations for the
principal amount of direct loans not to exceed $25,000,000.
In addition, for administrative expenses to carry out the direct
loan program, $95,000.
Salaries and Expenses
For necessary expenses, not otherwise provided for, including hire
and purchase of motor vehicles (31 U.S.C. 1343); uniforms, or
allowances therefor, as authorized by 5 U.S.C. 5901-5902; services as
authorized by 5 U.S.C. 3109, but at rates for individuals not to exceed
the per diem rate equivalent to the rate for GS-18; expenses of
attendance of cooperating officials and individuals at meetings
concerned with the work of emergency preparedness; transportation in
connection with the continuity of Government programs to the same
extent and in the same manner as permitted the Secretary of a Military
Department under 10 U.S.C. 2632; and not to exceed $2,500 for official
reception and representation expenses; $168,900,000.
office of the inspector general
For necessary expenses of the Office of the Inspector General in
carrying out the provisions of the Inspector General Act of 1978, as
amended, $4,673,000.
emergency management planning and assistance
For necessary expenses, not otherwise provided for, to carry out
activities under the National Flood Insurance Act of 1968, as amended,
and the Flood Disaster Protection Act of 1973, as amended (42 U.S.C.
4001 et seq.),
2000
the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.), the Earthquake Hazards
Reduction Act of 1977, as amended (42 U.S.C. 7701 et seq.), the Federal
Fire Prevention and Control Act of 1974, as amended (15 U.S.C. 2201 et
seq.), the Defense Production Act of 1950, as amended (50 U.S.C. App.
2061 et seq.), sections 107 and 303 of the National Security Act of
1947, as amended (50 U.S.C. 404-405), and Reorganization Plan No. 3 of
1978, $203,044,000.
emergency food and shelter program
There is hereby appropriated $100,000,000 to the Federal Emergency
Management Agency to carry out an emergency food and shelter program
pursuant to title III of Public Law 100-77, as amended: Provided, That
total administrative costs shall not exceed three and one-half per
centum of the total appropriation.
National Flood Insurance Fund
For activities under the National Flood Insurance Act of 1968, the
Flood Disaster Protection Act of 1973, and the National Flood Insurance
Reform Act of 1994, not to exceed $20,562,000 for salaries and expenses
associated with flood mitigation and flood insurance operations, and
not to exceed $70,464,000 for flood mitigation, including up to
$12,000,000 for expenses under section 1366 of the National Flood
Insurance Act of 1968, as amended, which amount shall be available
until September 30, 1997. In fiscal year 1996, no funds in excess of
(1) $47,000,000 for operating expenses, (2) $292,526,000 for agents'
commissions and taxes, and (3) $3,500,000 for interest on Treasury
borrowings shall be available from the National Flood Insurance Fund
without prior notice to the Committees on Appropriations.
Administrative Provision
The Director of the Federal Emergency Management Agency shall
promulgate through rulemaking a methodology for assessment and
collection of fees to be assessed and collected beginning in fiscal
year 1996 applicable to persons subject to the Federal Emergency
Management Agency's radiological emergency preparedness regulations.
The aggregate charges assessed pursuant to this section during fiscal
year 1996 shall approximate, but not be less than, 100 per centum of
the amounts anticipated by the Federal Emergency Management Agency to
be obligated for its radiological emergency preparedness program for
such fiscal year. The methodology for assessment and collection of fees
shall be fair and equitable, and shall reflect the full amount of costs
of providing radiological emergency planning, preparedness, response
and associated services. Such fees will be assessed in a manner that
reflects the use of agency resources for classes of regulated persons
and the administrative costs of collecting such fees. Fees received
pursuant to this section shall be deposited in the general fund of the
Treasury as offsetting receipts. Assessment and collection of such fees
are only authorized during fiscal year 1996.
General Services Administration
Consumer Information Center
For necessary expenses of the Consumer Information Center,
including services authorized by 5 U.S.C. 3109, $2,061,000, to be
deposited into the Consumer Information Center Fund: Provided, That the
appropriations, revenues and collections deposited into the fund shall
be available for necessary expenses of Consumer Information Center
activities in the aggregate amount of $7,500,000. Administrative
expenses of the Consumer Information Center in fiscal year 1996 shall
not exceed $2,602,000. Appropriations, revenues, and collections
accruing to this fund during fiscal year 1996 in excess of $7,500,000
shall remain in the fund and shall not be available for expenditure
except as authorized in appropriations Acts.
National Aeronautics and Space Administration
Human Space Flight
For necessary expenses, not otherwise provided for, in the conduct
and support of human space flight research and development activities,
including research; development; operations; services; maintenance;
construction of facilities including repair, rehabilitation, and
modification of real and personal property, and acquisition or
condemnation of real property, as authorized by law; space flight,
spacecraft control and communications activities including operations,
production, and services; and purchase, lease, charter, maintenance,
and operation of mission and administrative aircraft; $5,456,600,000,
to remain available until September 30, 1997.
Science, Aeronautics and Technology
For necessary expenses, not otherwise provided for, for the conduct
and support of science, aeronautics, and technology research and
development activities, including research; development; operations;
services; maintenance; construction of facilities including repair,
rehabilitation and modification of real and personal property, and
acquisition or condemnation of real property, as authorized by law;
space flight, spacecraft control and communications activities
including operations, production, and services; and purchase, lease,
charter, maintenance, and operation of mission and administrative
aircraft; $5,845,900,000, to remain available until September 30, 1997.
mission support
For necessary expenses, not otherwise provided for, in carrying out
mission support for human space flight programs and science,
aeronautical, and technology programs, including research operations
and support; space communications activities including operations,
production, and services; maintenance; construction of facilities
including repair, rehabilitation, and modification of facilities, minor
construction of new facilities and additions to existing facilities,
facility planning and design, environmental compliance and restoration,
and acquisition or condemnation of real property, as authorized by law;
program management; personnel and related costs, including uniforms or
allowances therefor, as authorized by law (5 U.S.C. 5901-5902); travel
expenses; purchase, lease, charter, maintenance, and operation of
mission and administrative aircraft; not to exceed $35,000 for official
reception and representation expenses; and purchase (not to exceed
thirty-three for replacement only) and hire of passenger motor
vehicles; $2,502,200,000, to remain available until September 30, 1997.
Office of Inspector General
For necessary expenses of the Office of the Inspector General in
carrying out the provisions of the Inspector General Act of 1978, as
amended, $16,000,000.
Administrative Provisions
(including transfer of funds)
Notwithstanding the limitation on the availability of funds
appropriated for ``Human space flight'', ``Science, aeronautics and
technology'', or ``Mission support'' by this appropriations Act, when
any activity has been initiated by the incurrence of obligations for
construction of facilities as authorized by law, the amount available
for such activity shall remain available until expended. This provision
does not apply to the amounts appropriated in ``Mission support''
pursuant to the authorization for repair, rehabilitation and
modification of facilities, minor constructionof 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, 1998.
Notwithstanding the limitation on the availability of funds
appropriated for ``Mission support'' and ``Office of Inspector
General'', amounts made available by this Act for personnel and related
costs and travel expenses of the National Aeronautics and Space
Administration shall remain available until Se
2000
ptember 30, 1996 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.
The unexpired balances of prior appropriations to NASA for
activities for which funds are provided under this Act may be
transferred to the new account established for the appropriation that
provides funds for such activity under this Act. Balances so
transferred may be merged with funds in the newly established account
and thereafter may be accounted for as one fund to be available for the
same purposes and under the same terms and conditions.
Notwithstanding any other provision of law or regulation, the
National Aeronautics and Space Administration 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: Provided, That appropriated funds shall be used to effect
this conveyance: Provided further, That $10,000,000 in appropriated
funds otherwise available to the National Aeronautics 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 Aeronautics and Space Administration may
require such other terms and conditions as the Administrator deems
appropriate to protect the interests of the United States: Provided
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.
Upon the determination by the Administrator that such action is
necessary, the Administrator may, with the approval of the Office of
Management and Budget, transfer not to exceed $50,000,000 of funds made
available in this Act to the National Aeronautics and Space
Administration between such appropriations or any subdivision thereof,
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 to transfer may not be used unless for
higher priority items, based on unforeseen requirements, 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 1996, gross obligations of the Central Liquidity
Facility for the principal amount of new direct loans to member credit
unions as authorized by the National Credit Union Central Liquidity
Facility Act (12 U.S.C. 1795) shall not exceed $600,000,000: Provided,
That administrative expenses of the Central Liquidity Facility in
fiscal year 1996 shall not exceed $560,000.
National Science Foundation
research and related activities
For necessary expenses in carrying out the purposes of 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; $2,274,000,000, of which not to exceed
$235,000,000 shall remain available until expended for Polar research
and operations support, and for reimbursement to other Federal agencies
for operational and science support and logistical and other
relatedactivities for the United States Antarctic program; the balance
to remain available until September 30, 1997: Provided, That receipts
for scientific support services and materials furnished by the National
Research Centers and other National Science Foundation supported
research facilities may be credited to this appropriation: Provided
further, That to the extent that the amount appropriated is less than
the total amount authorized to be appropriated for included program
activities, all amounts, including floors and ceilings, specified in
the authorizing Act for those program activities or their subactivities
shall be reduced proportionally.
major research equipment
For necessary expenses in carrying out major construction projects,
and related expenses, pursuant to the purposes of the National Science
Foundation Act of 1950, as amended (42 U.S.C. 1861-1875), $70,000,000,
to remain available until expended.
Academic Research Infrastructure
For necessary expenses in carrying out an academic research
infrastructure program pursuant to the purposes of 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, $100,000,000, to remain available until
September 30, 1997.
education and human resources
For necessary expenses in carrying out science and engineering
education and human resources programs and activities pursuant to the
purposes of 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,
$599,000,000, to remain available until September 30, 1997: Provided,
That to the extent that the amount of this appropriation is less than
the total amount authorized to be appropriated for included program
activities, all amounts, including floors and ceilings, specified in
the authorizing Act for those program activities or their subactivities
shall be reduced proportionally.
salaries and expenses
For necessary salaries and expenses in carrying out the purposes 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 law (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; $127,310,000: Provided, That contracts may be
entered into under salaries and expenses in fiscal year 1996 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 in
carrying out the provisions of the Inspector General Act of 1978, as
amended, $4,490,000, to remain available until September 30, 1997.
national science foundation headquarters relocation
For necessary support of the relocation of the National Science
Foundation, $5,200,000: Provided, That these funds shall be used to
reimburse the General Services Administration for services and related
acquisitions in support of relocating the National Science Foundation.
Neighborhood Reinvestment Corporation
payment to the neighborhood reinvestment corporation
For payment to the Neighborhood Reinvestment Corporation for use in
neighborhood reinvestment activities, as authorized by the Neighborhood
Reinvestment Corporation Act (42 U.S.C. 8101-8107), $38,667,000.
Selective Service S
2000
ystem
salaries and expenses
For necessary expenses of the Selective Service System, including
expenses of attendance at meetings and of training for uniformed
personnel assigned to the Selective Service System, as authorized by
law (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 the Act may be
expended for or in connection with the induction of any person into the
Armed Forces of the United States.
TITLE IV
CORPORATIONS
Corporations and agencies of the Department of Housing and Urban
Development which are subject to the Government Corporation Control
Act, as amended, are hereby authorized to make such expenditures,
within the limits of funds and borrowing authority available to each
such corporation or agency and in accord with law, and to make such
contracts and commitments without regard to fiscal year limitations as
provided by section 104 of the Act as may be necessary in carrying out
the programs set forth in the budget for 1996 for such corporation or
agency except as hereinafter provided: Provided, That collections of
these corporations and agencies may be used fornew loan or mortgage
purchase commitments only to the extent expressly provided for in this
Act (unless such loans are in support of other forms of assistance
provided for in this or prior appropriations Acts), except that this
proviso shall not apply to the mortgage insurance or guaranty
operations of these corporations, or where loans or mortgage purchases
are necessary to protect the financial interest of the United States
Government.
Resolution Trust Corporation
Office of Inspector General
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978, as
amended, $11,400,000.
TITLE V
GENERAL PROVISIONS
Sec. 501. 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 therefor in the budget estimates submitted
for the appropriations: Provided, That this section shall not apply to
travel performed by uncompensated officials of local boards and appeal
boards of the Selective Service System; to travel performed directly in
connection with care and treatment of medical beneficiaries of the
Department of Veterans Affairs; to travel performed in connection with
major disasters or emergencies declared or determined by the President
under the provisions of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act; to travel performed by the Offices of
Inspector General in connection with audits and investigations; or to
payments to interagency motor pools where separately set forth in the
budget schedules: Provided further, That if appropriations in titles I,
II, and III exceed the amounts set forth in budget estimates initially
submitted for such appropriations, the expenditures for travel may
correspondingly exceed the amounts therefor set forth in the estimates
in the same proportion.
Sec. 502. Appropriations and funds available for the administrative
expenses of the Department of Housing and Urban Development and the
Selective Service System shall be available in the current fiscal year
for purchase of uniforms, or allowances therefor, as authorized by law
(5 U.S.C. 5901-5902); hire of passenger motor vehicles; and services as
authorized by 5 U.S.C. 3109.
Sec. 503. Funds of the Department of Housing and Urban Development
subject to the Government Corporation Control Act or section 402 of the
Housing Act of 1950 shall be available, without regard to the
limitations on administrative expenses, for legal services on a
contract or fee basis, and for utilizing and making payment for
services and facilities of Federal National Mortgage Association,
Government National Mortgage Association, Federal Home Loan Mortgage
Corporation, Federal Financing Bank, Resolution Trust Corporation,
Federal Reserve banks or any member thereof, Federal Home Loan banks,
and any insured bank within the meaning of the Federal Deposit
Insurance Corporation Act, as amended (12 U.S.C. 1811-1831).
Sec. 504. 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. 505. No funds appropriated by this Act may be expended--
(1) pursuant to a certification of an officer or employee of
the United States unless--
(A) such certification is accompanied by, or is part of, a
voucher or abstract which describes the payee or payees and the
items or services for which such expenditure is being made, or
(B) the expenditure of funds pursuant to such
certification, and without such a voucher or abstract, is
specifically authorized by law; and
(2) unless such expenditure is subject to audit by the General
Accounting Office or is specifically exempt by law from such audit.
Sec. 506. None of the funds provided in this Act to any department
or agency may be expended for the transportation of any officer or
employee of such department or agency between his domicile and his
place of employment, with the exception of any officer or employee
authorized such transportation under title 31, United States Code,
section 1344.
Sec. 507. None of the funds provided in this Act may be used for
payment, through grants or contracts, to recipients that do not share
in the cost of conducting research resulting from proposals not
specifically solicited by the Government: Provided, That the extent of
cost sharing by the recipient shall reflect the mutuality of interest
of the grantee or contractor and the Government in the research.
Sec. 508. None of the funds provided in this Act may be used,
directly or through grants, to pay or to provide reimbursement for
payment of the salary of a consultant (whether retained by the Federal
Government or a grantee) at more than the daily equivalent of the rate
paid for Level IV of the Executive Schedule, unless specifically
authorized by law.
Sec. 509. None of the funds in this Act shall be used to pay the
expenses of, or otherwise compensate, non-Federal parties intervening
in regulatory or adjudicatory proceedings. Nothing herein affects the
authority of the Consumer Product Safety Commission pursuant to section
7 of the Consumer Product Safety Act (15 U.S.C. 2056 et seq.).
Sec. 510. Except as otherwise provided under existing law or under
an existing Executive order issued pursuant to an existing law, the
obligation or expenditure of any appropriation under this Act for
contracts for any consulting service shall be limited to contracts
which are (1) a matter of public record and available for public
inspection, and (2) thereafter included in a publicly available list of
all contracts entered into within twenty-four months prior to the date
on which the list is made available to the public and of all contracts
on which performance has not been completed by such date. The list
required by the preceding sentence shall be updated quarterly and shall
include a narrative description of the work to be performed under each
such contract.
Sec. 511. 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 cont
eac
ract for
services unless such executive agency (1) has awarded and entered into
such contract in full compliance with such Act and the regulations
promulgated thereunder, and (2) requires any report prepared pursuant
to such contract, including plans, evaluations, studies, analyses and
manuals, and any report prepared by the agency which is substantially
derived from or substantially includes any report prepared pursuant to
such contract, to contain information concerning (A) the contract
pursuant to which the report was prepared, and (B) the contractor who
prepared the report pursuant to such contract.
Sec. 512. Except as otherwise provided in section 506, none of the
funds provided in this Act to any department or agency shall be
obligated or expended to provide a personal cook, chauffeur, or other
personal servants to any officer or employee of such department or
agency.
Sec. 513. None of the funds provided in this Act to any department
or agency shall be obligated or expended to procure passenger
automobiles as defined in 15 U.S.C. 2001 with an EPA estimated miles
per gallon average of less than 22 miles per gallon.
Sec. 514. Such sums as may be necessary for fiscal year 1996 pay
raises for programs funded by this Act shall be absorbed within the
levels appropriated in this Act.
Sec. 515. None of the funds appropriated in title I of this Act
shall be used to enter into any new lease of real property if the
estimated annual rental is more than $300,000 unless the Secretary
submits, in writing, a report to the Committees on Appropriations of
the Congress and a period of 30 days has expired following the date on
which the report is received by the Committees on Appropriations.
Sec. 516. (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. 517. 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. 518. 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. 519. In fiscal year 1996, the Director of the Federal
Emergency Management Agency shall sell the disaster housing inventory
of mobile homes and trailers, and the proceeds thereof shall be
deposited in the Treasury.
Sec. 520. 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 1996.
This Act may be cited as the ``Departments of Veterans Affairs and
Housing and Urban Development, and Independent Agencies Appropriations
Act, 1996''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.
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