[104th Congress Public Law 99]
[From the U.S. Government Printing Office]
<DOC>
[DOCID: f:publ99.104]
THE BALANCED BUDGET DOWNPAYMENT ACT, I
[[Page 110 STAT. 26]]
Public Law 104-99
104th Congress
An Act
Making appropriations for fiscal year 1996 to make a downpayment toward
a balanced budget, and for other purposes. <<NOTE: Jan. 26,
1996 - [H.R. 2880]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: The Balanced
Budget Downpayment Act, I.>> That the following sums are hereby
appropriated, out of any money in the Treasury not otherwise
appropriated, and out of applicable corporate or other revenues,
receipts, and funds, for the several departments, agencies,
corporations, and other organizational units of Government for the
fiscal year 1996, and for other purposes, namely:
TITLE I
Sec. 101. (a) Such amounts as may be necessary under the authority
and conditions provided in the applicable appropriations Act for the
fiscal year 1995 including the authority and conditions provided in
emergency supplemental appropriations Acts for fiscal year 1995 for
continuing projects or activities, except for those projects and
activities provided for in Public Law 104-91 and Public Law 104-92,
including the costs of direct loans and loan guarantees (not otherwise
specifically provided for in this Act) which were conducted in the
fiscal year 1995 and for which appropriations, funds, or other authority
would be available in the following appropriations Act as passed each
House, excluding conference reports:
The Department of the Interior and Related Agencies
Appropriations Act, 1996; and
The Departments of Labor, Health and Human Services, and
Education, and Related Agencies Appropriations Act, 1996:
Provided, That whenever the amount which would be made available or the
authority which would be granted in these Acts is greater than that
which would be available or granted under current operations, the
pertinent project or activity shall be continued at a rate for
operations not exceeding the current rate.
(b) Whenever the amount which would be made available or the
authority which would be granted under an Act listed in this section as
passed by the House as of the date of enactment of this Act, is
different from that which would be available or granted under such Act
as passed by the Senate as of the date of enactment of this Act, the
pertinent project or activity shall be continued at a rate for
operations not exceeding the current rate or the rate permitted by the
action of the House or the Senate, whichever is lower, under the
authority and conditions provided in the applicable appropriations Act
for the fiscal year 1995: Provided, That where an item is not included
in either version or where an item is included in only one version of
the Act as passed
[[Page 110 STAT. 27]]
by both Houses as of the date of enactment of this Act, the pertinent
project or activity shall not be continued except as provided for in
section 111 under the appropriation, fund, or authority granted by the
applicable appropriations Act for the fiscal year 1995 and under the
authority and conditions provided in the applicable appropriations Act
for the fiscal year 1995.
(c) Whenever an Act listed in this section has been passed by only
the House or only the Senate as of the date of enactment of this Act,
the pertinent project or activity shall be continued under the
appropriation, fund, or authority granted by the one House at a rate for
operations not exceeding the current rate or the rate permitted by the
action of the one House, whichever is lower, and under the authority and
conditions provided in the applicable appropriations Act for the fiscal
year 1995: Provided, That where an item is funded in the applicable
appropriations Act for the fiscal year 1995 and not included in the
version passed by the one House as of the date of enactment of this Act,
the pertinent project or activity shall not be continued except as
provided for in section 111 under the appropriation, fund, or authority
granted by the applicable appropriations Act for the fiscal year 1995
and under the authority and conditions provided in the applicable
appropriations Act for the fiscal year 1995.
Sec. 102. Appropriations made by section 101 shall be available to
the extent and in the manner which would be provided by the pertinent
appropriations Act.
Sec. 103. No appropriations or funds made available or authority
granted pursuant to section 101 shall be used to initiate or resume any
project or activity for which appropriations, funds, or other authority
were not available during the fiscal year 1995.
Sec. 104. No provision which is included in an appropriations Act
enumerated in section 101 but which was not included in the applicable
appropriations Act for fiscal year 1995 and which by its terms is
applicable to more than one appropriation, fund, or authority shall be
applicable to any appropriation, fund, or authority provided in this
title of this Act.
Sec. 105. <<NOTE: Coverage.>> Appropriations made and authority
granted pursuant to this title of this Act shall cover all obligations
or expenditures incurred for any program, project, or activity during
the period for which funds or authority for such project or activity are
available under this Act.
Sec. 106. <<NOTE: Termination date.>> Unless otherwise provided for
in this title of this Act or in the applicable appropriations Act,
appropriations and funds made available and authority granted pursuant
to this title of this Act shall be available until (a) enactment into
law of an appropriation for any project or activity provided for in this
title of this Act, or (b) the enactment into law of the applicable
appropriations Act without any provision for such project or activity,
or (c) March 15, 1996, whichever first occurs.
Sec. 107. This title of this Act shall be implemented so that only
the most limited funding action of that permitted in this title of this
Act shall be taken in order to provide for continuation of projects and
activities.
Sec. 108. Expenditures made pursuant to this title of this Act shall
be charged to the applicable appropriation, fund, or authorization
whenever a bill in which such applicable appropriation, fund, or
authorization is contained is enacted into law.
[[Page 110 STAT. 28]]
Sec. 109. No provision in the appropriations Act for the fiscal year
1996 referred to in section 101 of this Act that makes the availability
of any appropriation provided therein dependent upon the enactment of
additional authorizing or other legislation shall be effective before
the date set forth in section 106(c) of this Act.
Sec. 110. Appropriations and funds made available by or authority
granted pursuant to this title of this Act may be used without regard to
the time limitations for submission and approval of apportionments set
forth in section 1513 of title 31, United States Code, but nothing
herein shall be construed to waive any other provision of law governing
the apportionment of funds.
Sec. 111. Notwithstanding any other provision of this title of this
Act, except section 106, whenever an Act listed in section 101 as passed
by both the House and the Senate as of the date of enactment of this
Act, does not include funding for an ongoing project or activity for
which there is a budget request, or whenever an Act listed in section
101 has been passed by only the House or only the Senate as of the date
of enactment of this Act, and an item funded in fiscal year 1995 is not
included in the version passed by the one House, or whenever the rate
for operations for an ongoing project or activity provided by section
101 for which there is a budget request would result in the project or
activity being significantly reduced, the pertinent project or activity
may be continued under the authority and conditions provided in the
applicable appropriations Act for the fiscal year 1995 by increasing the
rate for operations provided by section 101 to a rate for operations not
to exceed one that provides the minimal level that would enable existing
activities to continue. No new contracts or grants shall be awarded in
excess of an amount that bears the same ratio to the rate for operations
provided by this section as the number of days covered by this title of
this Act bears to 366. For the purposes of this title of this Act, the
minimal level means a rate for operations that is reduced from the
current rate by 25 percent.
Sec. 112. <<NOTE: Furloughs.>> Notwithstanding any other provision
of this title of this Act, except section 106, whenever the rate for
operations for any continuing project or activity provided by section
101 or section 111 for which there is a budget request would result in a
furlough of Government employees, that rate for operations may be
increased to the minimum level that would enable the furlough to be
avoided. No new contracts or grants shall be awarded in excess of an
amount that bears the same ratio to the rate for operations provided by
this section as the number of days covered by this Act bears to 366:
Provided, That the first sentence of section 112 shall not apply except
to furloughs that exceed one workday per pay period for the affected
workforce during the period of January 26, 1996 through March 15, 1996.
Sec. 113. Notwithstanding any other provision of this title of this
Act, except sections 106 and 111, for those programs that had high
initial rates of operation or complete distribution of funding at the
beginning of the fiscal year in fiscal year 1995 because of
distributions of funding to States, foreign countries, grantees, or
others, similar distributions of funds for fiscal year 1996 shall not be
made and no grants shall be awarded for such programs funded by this
title of this Act that would impinge on final funding prerogatives.
[[Page 110 STAT. 29]]
Sec. 114. Notwithstanding any other provision of this title of this
Act, except section 106, any distribution of funding under the
Rehabilitation Services and Disability Research account in the
Department of Education may be made up to an amount that bears the same
ratio to the rate for operation for this account provided by this title
of this Act as the number of days covered by this title of this Act
bears to 366.
Sec. 115. Notwithstanding any other provision of this Act, except
section 106, the rate for operations of the following projects or
activities shall be only the minimum necessary to accomplish orderly
termination:
Child Development Associate Scholarships in the Department
of Health and Human Services;
Dependent Care Planning and Development in the Department of
Health and Human Services;
Law Related Education in the Department of Education;
Dropout Prevention Demonstrations in the Department of
Education;
Aid for Institutional Development--Endowment Grants in the
Department of Education;
Aid for Institutional Development--Evaluation in the
Department of Education;
Native Hawaiian and Alaska Native Cultural Arts;
Innovative Projects in Community Service in the Department
of Education;
Cooperative Education in the Department of Education; and
Douglas Teacher Scholarships in the Department of Education.
Sec. 116. Compensation and Ratification of Authority.--
(a) <<NOTE: Furloughs.>> Any Federal employees furloughed as a result of
a lapse in appropriations, if any, after midnight November 13, 1995,
until the enactment of this Act shall be compensated at their standard
rate of compensation for the period during which there was a lapse in
appropriations.
(b) All obligations incurred in anticipation of the appropriations
made and the authority granted by this title of this Act for the
purposes of maintaining the essential level of activity to protect life
and property and bring about orderly termination of Government functions
are hereby ratified and approved if otherwise in accord with the
provisions of this title of this Act.
Sec. 117. Notwithstanding any other provision of this title of this
Act, except section 106, upon enactment of this Act any new grants or
contracts for the following programs shall be made at a level not to
exceed a rate of 75 per centum of prior monthly awards:
Department of Health and Human Services:
Health Resources and Services Administration:
Health Resources and Services:
Trauma Care
Health Care Facilities
Assistant Secretary for Health:
Office of the Assistant Secretary for
Health:
National Vaccine Program
Health Care Reform Data Analysis
National AIDS Program Office
[[Page 110 STAT. 30]]
Health Care Financing Administration:
Program Management:
Essential Access Community
Hospitals
Administration for Children and Families:
Children and Families Services Program:
Youth Gang Substance Abuse
Advisory Board on Child Abuse and
Neglect
Child Welfare Research
Social Services Research
Homeless Service Grants
Community Schools (crime trust fund)
Administration on Aging:
Aging Services Programs:
Pension Counseling
Federal Council on Aging
White House Conference on Aging
Department of Education:
Education for the Disadvantaged:
State School Improvement
School Improvement Programs:
Safe and Drug Free Schools and
Communities: National Program
Women's Educational Equity
Bilingual and Immigrant Education:
Bilingual Education Support Services
Higher Education:
Faculty Development Fellowships
School, College, and University
Partnerships
Related Agencies:
Corporation for National and Community
Service:
Domestic Volunteer Service Programs,
Operating Expenses:
Senior Demonstration Program
National Education Standards and
Improvement Council.
Sec. 118. Notwithstanding any other provision of law or this Act,
upon enactment of this Act the Secretary of each cabinet level
department other than State, Defense, Ambassador to the United Nations,
and Central Intelligence shall not obligate a total amount of funds for
their individual official travel expenses for fiscal year 1996 that
would be greater than 110 per centum of the average total amount of the
individual official travel expenses of the relevant departmental
secretary for the fiscal years 1990 through 1995.
Sec. 119. <<NOTE: Financial aid. 20 USC 1070a note.>>
Notwithstanding any other provision of law or of this title of this Act,
the maximum Pell Grant for which a student shall be eligible under the
Higher Education Act of 1965, as
amended, during award year 1996-1997 shall be at least $2,440.
Sec. 120. <<NOTE: Effective date. 40 USC 175 note.>>
Notwithstanding any other provision of law, the first proviso under the
heading ``Education for the disadvantaged'' in title III of H.R. 2127,
as passed by the House of Representatives, shall take effect upon
enactment of this Act.
Sec. 121. 501 First Street SE., District of Columbia.
[[Page 110 STAT. 31]]
(a) Disposal of Real Property.--
(1) In general.--The Architect of the Capitol shall dispose
of by sale at fair market value all right, title, and interest
of the United States in and to the parcel of real property
described in paragraph (9), including all improvements to such
real property. Such disposal shall be made by quitclaim deed.
(2) House office building commission.--The Architect of the
Capitol shall carry out this section under the direction of the
House Office Building Commission.
(3) Procedures.--Notwithstanding any other provision of law,
the disposal under paragraph (1) shall be made in accordance
with such procedures as the Architect of the Capitol determines
appropriate.
(4) Sense of congress.--It is the sense of Congress that the
child care center of the House of Representatives should remain
in operation during the implementation of this section.
(5) Terms and conditions.--The deed of conveyance for the
property to be disposed of under paragraph (1) shall contain
such terms and conditions as the Architect of the Capitol
determines are necessary to protect the interests of the United
States.
(6) Deposit of proceeds.--All proceeds from the disposal
under paragraph (1) shall be deposited in the account
established by subsection (b).
(7) Advertising and marketing.--The Architect of the Capitol
shall begin advertising and marketing the property to be
disposed of under paragraph (1) not later than 30 days after the
date of the enactment of this Act.
(8) Local zoning and occupancy requirements.--Until such
date as the purchaser of the property to be disposed of under
paragraph (1) takes full occupancy of such property, such
property and the tenants of such property shall be deemed to be
in compliance with all applicable zoning and occupancy
requirements of the District of Columbia.
(9) Property description.--The parcel of real property
referred to in paragraph (1) is the approximately 31,725 square
feet of land located at 501 First Street, SE., on square 736 S,
Lot 801 (formerly part of Reservation 17) in the District of
Columbia. Such parcel is bounded by E Street, SE., to the north,
First Street, SE., to the east, New Jersey Avenue, SE., to the
west, and Garfield Park to the south.
(b) Separate Account in the Treasury.--
(1) Establishment.--There is established in the Treasury of
the United States a separate account which shall consist of
amounts deposited into the account by the Architect of the
Capitol under subsection (a).
(2) Availability of funds.--Funds in the account established
by paragraph (1) shall be available, in such amounts as are
specified in appropriations Acts, to the Architect of the
Capitol for--
(A) payment of expenses associated with relocating
the tenants of the property to be disposed of under
subsection (a)(1);
(B) payment of expenses associated with renovating
facilities under the jurisdiction of the Architect for
the purpose of accommodating such tenants; and
[[Page 110 STAT. 32]]
(C) reimbursement of expenses incurred for
advertising and marketing activities related to the
disposal under subsection (a)(1) in a total amount of
not to exceed $75,000.
Funds made available under this paragraph shall not be subject
to any fiscal year limitation.
(3) Reporting of transactions.--Receipts, obligations, and
expenditures of funds in the account established by paragraph
(1) shall be reported in annual estimates submitted to Congress
by the Architect of the Capitol for the operation and
maintenance of the Capitol Buildings and Grounds.
(4) Termination of account.--Not later than 2 years after
the date of settlement on the property to be disposed of under
subsection (a)(1), the Architect of the Capitol shall terminate
the account established by paragraph (1) and all amounts
remaining in the account shall be deposited into the general
fund of the Treasury of the United States and credited as
miscellaneous receipts.
(c) Authority To Furnish Steam and Chilled Water.--
(1) In general.--The Architect of the Capitol is authorized
to furnish steam and chilled water from the Capitol Power Plant
to the owner of the property to be disposed of under subsection
(a)(1) if the owner agrees to pay for such steam and chilled
water at market rates, as determined by the Architect of the
Capitol.
(2) Authority limited to existing facilities.--The Architect
of the Capitol may furnish steam and chilled water under
paragraph (1) only with respect to facilities which, on the date
of the enactment of this Act, are located on the property to be
disposed of under subsection (a)(1).
(3) Proceeds.--All proceeds from the sale of steam and
chilled water under paragraph (1) shall be deposited into the
general fund of the Treasury of the United States and credited
as miscellaneous receipts.
Sec. 122. Notwithstanding any other provision of this title of this
Act except section 106, such sums as necessary are hereby appropriated
for all projects and activities funded under the account heading
``Office for Civil Rights'' under the Office of the Secretary in the
Department of Health and Human Services at a rate for operations not to
exceed an annual rate for new obligational authority of $16,153,000 for
general funds together with not to exceed an annual rate for new
obligational authority of $3,314,000 to be transferred and expended as
authorized by section 201(g)(1) of the Social Security Act from the
Hospital Insurance Trust Fund and the Supplemental Medical Insurance
Trust Fund.
Sec. 123. Activities necessary to effect the following program
eliminations and transfers of selected functions are funded under the
terms and conditions and at a rate of operations, notwithstanding any
other provision of this title of this Act, provided for in the
conference report and joint explanatory statement of the Committee of
Conference (House Report 104-402) on the Department of the Interior and
Related Agencies Appropriations Act, 1996 (H.R. 1977), as passed by the
House of Representatives on December 13, 1995:
All projects and activities under the account heading
``Public Development'' under the Pennsylvania Avenue Development
Corporation;
[[Page 110 STAT. 33]]
All projects and activities under the account heading
``Mines and Minerals'' under the Bureau of Mines in the
Department of the Interior;
All activities related to the transfer of functions from the
Bureau of Mines under the account heading ``Management of Lands
and Resources'' under the Bureau of Land Management in the
Department of the Interior;
All activities related to the transfers of functions from
the Bureau of Mines and from the National Biological Service
under the account heading ``Surveys, Investigations, and
Research'' under the United States Geological Survey in the
Department of the Interior; and
All activities related to the transfer of functions from the
Bureau of Mines under the account heading ``Fossil Energy
Research and Development'' in the Department of Energy.
Sec. 124. <<NOTE: Termination date.>> Notwithstanding any other
provision of this title of this Act, the appropriations and funds made
available and authority granted pursuant to the preceding section shall
be available until (a) enactment into law of an appropriation for any
project or activity provided for in that section, or (b) the enactment
into law of the applicable appropriations Act without any provision for
such project or activity, or (c) September 30, 1996, whichever first
occurs.
Sec. 125. Notwithstanding any other provision of this title of this
Act, except section 106, such amounts as may be necessary are hereby
appropriated to effect the sale of Weeks Island oil from the Strategic
Petroleum Reserve under the terms and conditions and at a rate of
operations provided for in the conference report and joint explanatory
statement of the Committee of Conference (House Report 104-402) on the
Department of the Interior and Related Agencies Appropriations Act, 1996
(H.R. 1977), as passed by the House of Representatives on December 13,
1995.
Sec. 126. Notwithstanding any other provision of this title of this
Act, such amounts as may be necessary are hereby appropriated under the
authority and conditions provided in the applicable appropriations Act
for the fiscal year 1995 for continuing, at a rate for operations
provided for in the conference report and joint explanatory statement of
the Committee of Conference (House Report 104-402) on the Department of
the Interior and Related Agencies Appropriations Act, 1996 (H.R. 1977),
as passed by the House of Representatives on December 13, 1995, for the
following projects or activities including the costs of direct loans and
loan guarantees (not otherwise specifically provided for in this Act)
which are conducted in the fiscal year 1995: all projects or activities
of the Indian Health Services, Indian Health Service Facilities, Bureau
of Indian Affairs, National Park Service, notwithstanding any other
provision of law, the United States Fish and Wildlife Service,
notwithstanding any other provision of law, and the Forest Service,
notwithstanding any other provision of law: Provided,
That <<NOTE: Termination date.>> appropriations and funds made
available and authority granted pursuant to this section shall be
available until (a) enactment into law of an appropriation for any
project or activity provided for in this section, or (b) the enactment
into law of the applicable appropriations Act without any provision for
such project or activity, or (c) March 15, 1996, whichever first occurs.
Sec. 127. Notwithstanding any other provision of this title of this
Act except section 106, projects and activities under the
[[Page 110 STAT. 34]]
account heading ``Salaries and expenses'' under the National Labor
Relations Board shall be subject to the provisions of section 112 of
Public law 104-56.
Sec. 128. <<NOTE: Embryos.>> None of the funds made available by
Public Law 104-91 may be used for--
(1) the creation of a human embryo or embryos for research
purposes; or
(2) research in which a human embryo or embryos are
destroyed, discarded, or knowingly subjected to risk of injury
or death greater than that allowed for research on fetuses in
utero under 45 CFR 46.208(a)(2) and 42 U.S.C. 289g(b).
For purposes of this section, the phrase ``human embryo or embryos''
shall include any organism, not protected as a human subject under 45
CFR 46 as of the date of enactment of this Act, that is derived by
fertilization, parthenogenesis, cloning, or any other means from one or
more human gametes.
Sec. 129.Technical Amendment to Prohibition of Grants for 501(c)(4)
Organizations Engaging in Lobbying Activities.
(a) In General.--Section 18 of the Lobbying Disclosure Act of
1995 <<NOTE: 2 USC 1611.>> is amended by striking ``award, grant,
contract, loan, or any other form'' and inserting ``award, grant, or
loan''.
(b) Effective Date <<NOTE: 2 USC 1611 note.>> .--The amendment made
by subsection (a) shall take effect as if included in the Lobbying
Disclosure Act of 1995 on the date of the enactment of such Act.
Sec. 130. No funds appropriated under this or any other Act shall be
used to review or modify sourcing areas previously approved under
section 490(c)(3) of the Forest Resources Conservation and Shortage
Relief Act of 1990 (Public Law 101-382) or to enforce or implement
Federal regulations 36 CFR part 223 promulgated on September 8, 1995.
The regulations and interim rules in effect prior to September 8, 1995
(36 CFR 223.48, 36 CFR 223.87, 36 CFR 223 Subpart D, 36 CFR 223 Subpart
F, and 36 CFR 261.6) shall remain in effect. The Secretary of
Agriculture or the Secretary of the Interior shall not adopt any
policies concerning Public Law 101-382 or existing regulations that
would restrain domestic transportation or processing of timber from
private lands or impose additional accountability requirements on any
timber. <<NOTE: Regulations. Effective date. 16 USC 620c note.>> The
Secretary of Commerce shall extend until September 30, 1996, the order
issued under section 491(b)(2)(A) of Public Law 101-382 and shall issue
an order under section 491(b)(2)(B) of such law that will be effective
October 1, 1996.
Sec. 131. <<NOTE: Floods.>> Notwithstanding any other provision of
this Act, an additional $2,000,000 is hereby appropriated for the
National Park Service, Park Service Construction for repair of flood
damage to the Chesapeake and Ohio Canal National Historical Park.
TITLE II
DEPARTMENTS OF COMMERCE, JUSTICE, AND STATE, THE JUDICIARY, AND RELATED
AGENCIES APPROPRIATIONS
Sec. 201. (a) Such amounts as may be necessary under the authority
and conditions provided in the applicable appropriations Act for the
fiscal year 1995 for projects or activities, except for those projects
and activities provided for in Public Law 104-91 and Public Law 104-92,
including the costs of direct loans and loan guarantees (not otherwise
specifically provided for in this
[[Page 110 STAT. 35]]
Act) at a rate for operations provided for in the conference report and
joint explanatory statement of the Committee of Conference, House Report
104-378, on the Departments of Commerce, Justice, and State, the
Judiciary, and Related Agencies Appropriations Act, 1996 (H.R. 2076), as
passed the House of Representatives on December 6, 1995, notwithstanding
section 15 of the State Department Basic Authorities Act of 1956,
section 701 of the United States Information and Educational Exchange
Act of 1948, section 313 of the Foreign Relations Authorization Act,
Fiscal Years 1994 and 1995 (Public Law 103-236), and section 53 of the
Arms Control and Disarmament Act: Provided, That, notwithstanding any
other provision of this title of this Act, the rate for operations only
for program administration and the continuation of grants awarded in
fiscal year 1995 and prior years of the Advanced Technology Program of
the National Institute of Standards and Technology, and the rate for
operations for the Ounce of Prevention Council, Drug Courts, Global
Learning and Observations to Benefit the Environment, and for the Cops
on the Beat Program may be increased up to a level of 75 per centum of
the final fiscal year 1995 appropriated amount: Provided further, That,
under the previous proviso, no contracts or grants shall be awarded in
excess of an amount that bears the same ratio to the rate for operations
provided by the previous proviso as the number of days covered by this
Act bears to 366: Provided further, That any costs incurred by a
Department or agency funded under this subsection resulting from
personnel actions taken in response to funding reductions resulting from
this Act shall be absorbed within the total budgetary resources
available to such Department or agency: Provided further, That the
authority to transfer funds between appropriations accounts as may be
necessary to carry out the preceding proviso is provided in addition to
authorities provided elsewhere in this subsection: Provided further,
That funds to carry out the preceding two provisos shall not be
available for obligation or expenditure except in compliance with
established reprogramming procedures: Provided further, That,
notwithstanding any other provision of this title of this Act, the
amount of funds obligated or expended by the Legal Services Corporation
shall not exceed an amount that bears the same ratio to the rate for
operations available to the Legal Services Corporation as the number of
days covered by this Act bears to 366: Provided further, That,
notwithstanding any other provision of this title of this Act, funding
provided for Violent Offender Incarceration and Truth in Sentencing
Incentive Grants, with the exception of funds available to States for
incarceration of criminal aliens and the Cooperative Agreement Program,
shall be withheld, pending enactment of revisions to subtitle A of title
II of the Violent Crime Control and Law Enforcement Act of 1994, so as
not to impinge upon final funding prerogatives: Provided further, That,
notwithstanding any other provision of this title of this Act,
sufficient funds shall be provided to continue the Office of Inspector
General of the United States Information Agency, to be derived from
funds otherwise available to the Office of Inspector General of the
Department of State.
[[Page 110 STAT. 36]]
DEPARTMENTS OF VETERANS AFFAIRS AND HOUSING AND URBAN DEVELOPMENT, AND
INDEPENDENT AGENCIES APPROPRIATIONS
(b) Such amounts as may be necessary under the authority and
conditions provided in the applicable appropriations Act for the fiscal
year 1995 for continuing projects or activities, except for those
projects and activities provided for in Public Law 104-91 and Public Law
104-92, including the costs of direct loans and loan guarantees (not
otherwise specifically provided for in this Act) at a rate for
operations provided for in the conference report and joint explanatory
statement of the Committee of Conference, House Report 104-384, on the
Departments of Veterans Affairs and Housing and Urban Development, and
Independent Agencies Appropriations Act, 1996 (H.R. 2099), as passed the
House of Representatives on December 7, 1995: Provided, That Senate
amendment 63 shall be disposed of in the manner passed by the House on
December 7, 1995, as if enacted into law: Provided further, That,
notwithstanding any other provision of this title of this Act, the rate
for operations for the Corporation for National and Community Service,
the Community Development Financial Institutions Fund, and the Office of
Consumer Affairs may be increased up to a level of 75 per centum of the
fiscal year 1995 level: Provided further, That, under the previous
proviso, no new contracts or grants shall be awarded in excess of an
amount that bears the same ratio to the rate for operations provided by
the previous proviso as the number of days covered by this Act bears to
366: Provided further, <<NOTE: 38 USC 1920, 1923, 1955, 1982.>> That
the penultimate proviso under the heading ``General Operating Expenses''
and sections 107 and 109 under the heading ``Administrative Provisions''
in the Department of Veterans Affairs are effective to the extent and in
the manner, notwithstanding any other provision of this Act, provided
for in the conference report and joint explanatory statement of the
Committee of Conference (House Report 104-384) on the Departments of
Veterans Affairs and Housing and Urban Development, and Independent
Agencies Appropriations Act, 1996 (H.R. 2099), as passed by the House of
Representatives on December 7, 1995.
Sec. 202. <<NOTE: Termination date.>> Unless otherwise provided for
in this title of this Act or in the applicable appropriations Act,
appropriations and funds made available and authority granted pursuant
to this title of this Act shall be available until (a) the enactment
into law of an appropriation for any project or activity provided for in
this title of this Act, or (b) the enactment into law of the applicable
appropriations Act by both Houses without any provision for such project
or activity, or (c) March 15, 1996, whichever first occurs.
Sec. 203. <<NOTE: Coverage.>> Appropriations made and authority
granted pursuant to this title of this Act shall cover all obligations
or expenditures incurred for any program, project, or activity during
the period for which funds or authority for such project or activity are
available under this title of this Act.
Sec. 204. Expenditures made pursuant to this title of this Act shall
be charged to the applicable appropriation, fund, or authorization
whenever a bill in which such applicable appropriation, fund, or
authorization is contained is enacted into law.
Sec. 205. Appropriations made by section 201 shall be available to
the extent and in the manner which would be provided by the pertinent
appropriations Act.
[[Page 110 STAT. 37]]
Sec. 206. No provision in the appropriations Act for the fiscal year
1996 referred to in section 201 of this Act that makes the availability
of any appropriation provided therein dependent upon the enactment of
additional authorizing or other legislation shall be effective before
the date set forth in section 202(c) of this Act.
Sec. 207. Appropriations and funds made available by or authority
granted pursuant to this title of this Act may be used without regard to
the time limitations for submission and approval of apportionments set
forth in section 1513 of title 31, United States Code, but nothing
herein shall be construed to waive any other provision of law governing
the apportionment of funds.
Sec. 208. Public Law 104-92 is amended by repealing title
II <<NOTE: Ante, p. 18.>> and by inserting in section 101(a) after the
paragraph ending with ``under the Railroad Retirement
Board;'' <<NOTE: Ante, p. 17.>> the following paragraphs: ``All
activities, including administrative and beneficiary travel expenses of
all veterans benefit programs, necessary for the provision of veterans
benefits funded in the Department of Veterans Affairs under the headings
`Compensation and pensions', `Readjustment benefits', `Veterans
insurance and indemnities', `Guaranty and indemnity program account',
`Loan guaranty program account', `Direct loan program account',
`Education loan fund program account', `Vocational rehabilitation loans
program account', `Native American veteran housing loan program
account', and `Administrative provisions, sec. 107' to the extent and in
the manner and at the rate for operations, notwithstanding any other
provision of this joint resolution, provided for in the conference
report and joint explanatory statement of the Committee of Conference
(House Report 104-384) on the Departments of Veterans Affairs and
Housing and Urban Development, and Independent Agencies Appropriations
Act, 1996 (H.R. 2099), as passed by the House of Representatives on
December 7, 1995;
``All payments to contractors of the Veterans Health Administration
of the Department of Veterans Affairs for goods and services that
directly relate to patient health and safety to the extent and in the
manner and at the rate for operations, notwithstanding any other
provision of this joint resolution, provided for in the conference
report and joint explanatory statement of the Committee of Conference
(House Report 104-384) on the Departments of Veterans Affairs and
Housing and Urban Development, and Independent Agencies Appropriations
Act, 1996 (H.R. 2099), as passed by the House of Representatives on
December 7, 1995;''.
Sec. 209. <<NOTE: 15 USC 77f note.>> Notwithstanding any other
provision of this title of this Act, except section 202, the amount made
available to the Securities and Exchange Commission, under the heading
Salaries and Expenses, shall include, in addition to direct
appropriations, the amount it collects under the fee rate and offsetting
collection authority contained in Public Law 103-352, which fee rate and
offsetting collection authority shall remain in effect during the period
of this title of this Act.
Sec. 210. Notwithstanding any other provision of this title of this
Act, except section 202, funds for the Environmental Protection Agency
shall be made available in the appropriation accounts which are provided
in H.R. 2099 as reported on September 13, 1995.
Sec. 211. Public Law 104-91 is amended by inserting after the words
``the protection of the Federal judiciary'' in section 101(a) <<NOTE: 18
USC 4043 note; 22 USC 1644 note; 28 USC 524, 524 note, 533 note, 534
note, 589a, 1930; 31 USC 1344; 42 USC 1973gg-2, 1973gg-2 note.>> , the
following: ``to the extent and in the manner and'', and by
[[Page 110 STAT. 38]]
inserting at the end of the paragraph containing those words, but before
the semicolon, the following: ``: Provided, That, with the exception of
section 114, the General Provisions for the Department of Justice
included in title I of the aforementioned conference report are hereby
enacted into law''.
Sec. 212. <<NOTE: Real property. Mississippi.>> 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.
Sec. 213. Notwithstanding any other provision of this title of this
Act except section 202, projects and activities under the account
heading ``Council on Environmental Quality and Office of Environmental
Quality'' shall be subject to the provisions of section 112 of Public
Law 104-56.
Sec. 214. <<NOTE: Furloughs.>> Notwithstanding any other provision
of this title of this Act except section 202, whenever the rate for
operations for any continuing project or activity provided by section
201 for which there is a budget request would result in a furlough of
Government employees, that rate for operations may be increased to the
minimum level that would enable the furlough to be avoided. No new
contracts or grants shall be awarded in excess of an amount that bears
the same ratio to the rate for operations provided by this section as
the number of days covered by this Act bears to 366: Provided, That the
first sentence of section 214 shall not apply except to furloughs that
exceed one workday per pay period for the affected workforce during the
period of January 26, 1996 through March 15, 1996.
TITLE III
FOREIGN OPERATIONS, EXPORT FINANCING, AND RELATED PROGRAMS
APPROPRIATIONS
Sec. 301. Such amounts as may be necessary for programs, projects,
or activities provided for in the Foreign Operations, Export Financing,
and Related Programs Appropriations Act, 1996 (H.R. 1868), at a rate for
operations and to the extent and in the manner provided for in the
conference report and joint explanatory state
[[Page 110 STAT. 39]]
ment of the Committee of Conference (House Report 104-295) as passed by
the House of Representatives on October 31, 1995, as if enacted into
law, notwithstanding any other provision of this title of this Act:
Provided, That Senate amendment numbered 115 shall be disposed of as
follows, as if enacted into law:
In lieu of the matter proposed by the Senate in amendment numbered
115, insert the following:
``authorization of population planning
``Sec. 518A. Notwithstanding section 526 of this Act, none of the
funds made available in this Act for population planning activities or
other population assistance pursuant to section 104(b) of the Foreign
Assistance Act or any other provision of law, or funds made available in
title IV of this Act as a contribution to the United Nations Population
Fund (UNFPA) may be obligated or expended prior to July 1, 1996, unless
such funding is expressly authorized by law: Provided, That if such
funds are not authorized by law prior to July 1, 1996, funds
appropriated in title II of this Act for population planning activities
or other population assistance may be made available for obligation and
expenditure in an amount not to exceed 65 percent of the total amount
appropriated or otherwise made available by Public Law 103-306 and
Public Law 104-19 for such activities for fiscal year 1995, and funds
appropriated in title IV of this Act as a contribution to the United
Nations Population Fund (UNFPA) may be made available for obligation and
expenditure in an amount not to exceed 65 percent of the total amount
appropriated or otherwise made available by Public Law 103-306 and
Public Law 104-19 for a contribution to UNFPA for fiscal year 1995:
Provided further, That, pursuant to the previous proviso, such funds may
be apportioned only on a monthly basis, beginning July 1, 1996 and
ending September 30, 1997, and such monthly apportionments may not
exceed 6.67 percent of the total available for such
activities: <<NOTE: Termination date.>> Provided further, That
notwithstanding any other provision of this Act, funds appropriated by
this Act for the United Nations Population Fund (UNFPA) shall remain
available for obligation until September 30, 1997.''.
Sec. 302. <<NOTE: Termination date.>> Unless otherwise provided for
in this title of this Act or in the applicable appropriations Act,
appropriations and funds made available and authority granted pursuant
to this title of this Act shall be available until (a) the enactment
into law of an appropriation for any project or activity provided for in
this title of this Act, or (b) the enactment into law of the applicable
appropriations Act by both Houses without any provision for such project
or activity, or (c) September 30, 1996, whichever first occurs.
Sec. 303. <<NOTE: Coverage.>> Appropriations made and authority
granted pursuant to this title of this Act shall cover all obligations
or expenditures incurred for any program, project, or activity during
the period for which funds or authority for such project or activity are
available under this title of this Act.
Sec. 304. Expenditures made pursuant to this title of this Act shall
be charged to the applicable appropriation, fund, or authorization
whenever a bill in which such applicable appropriation, fund, or
authorization is contained is enacted into law.
[[Page 110 STAT. 40]]
TITLE IV
HOUSING AND URBAN DEVELOPMENT
Sec. 401. 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.
public and assisted housing rents, income adjustments, and preferences
Sec. 402. (a) <<NOTE: Effective date.>> 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 <<NOTE: 42 USC 1437a.>> 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.-- <<NOTE: 42 USC 1437a note.>>
[[Page 110 STAT. 41]]
(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
comparable projects totaling 50 units or more; or
(iii) equal to the fair market rent for the
area in which the unit is located.
(c) Definition of Adjusted Income.--Section 3(b)(5) of the United
States Housing Act of 1937 <<NOTE: 42 USC 1437a.>> 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
[[Page 110 STAT. 42]]
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) <<NOTE: 42 USC 1437d.>> ,
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) <<NOTE: 42 USC 1437e.>> , 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) <<NOTE: 42 USC
1437f.>> , 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) <<NOTE: 42 USC 1437n.>> ,
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
[[Page 110 STAT. 43]]
(vi) in section 24(e)-- <<NOTE: 42 USC
1437v.>>
(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 <<NOTE: 42 USC 1437f
note.>> (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) <<NOTE: 42 USC 1437d note.>> 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) <<NOTE: 42 USC 1437aa note.>> 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) <<NOTE: Effective date. 42 USC 1437a note.>> This section shall
be effective upon the enactment of this Act and only for fiscal year
1996.
section 8 fair market rentals, administrative fees, and delay in
reissuance
Sec. 403. <<NOTE: Effective date.>> (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, <<NOTE: Applicability.>> That
[[Page 110 STAT. 44]]
this subsection shall be applicable to all amounts made available 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.
repeal of provisions regarding income disregards
Sec. 404. (a) Maximum Annual Limitation on Rent Increases Resulting
From Employment.--Section 957 of the Cranston-Gonzalez National
Affordable Housing Act <<NOTE: 42 USC 12714. Effective date.>> 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, <<NOTE: 42 USC 12714
note. Effective date.>> retroactive to October 28, 1992, and shall be of
no effect.
section 8 contract renewals
Sec. 405. <<NOTE: 42 USC 1437f note.>> (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) <<NOTE: 42 USC 1437f note.>> 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 <<NOTE: 42
USC 1437f.>> 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
[[Page 110 STAT. 45]]
greater amount, not exceeding the lower of (i) the fair market
rental charge determined pursuant to this paragraph, or (ii) the
fair market rental established under section 8(c) of the United
States Housing Act of 1937 for the market area in which the
housing is located, as represents 30 per centum of the tenant's
adjusted income.''; and
(2) by striking paragraph (6).
extension of home equity conversion mortgage program
Sec. 406. Section 255(g) of the National Housing Act (12 U.S.C.
1715z-20(g)) is amended--
(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''.
fha single-family assignment program reform
Sec. 407. (a) Foreclosure Avoidance.--Except as provided in
subsection (e), the last sentence of section 204(a) of the National
Housing Act (12 U.S.C. 1710(a)) is amended by inserting before the
period the following: ``: And provided further, That the Secretary may
pay 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.--Except as provided
in subsection (e), 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
[[Page 110 STAT. 46]]
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.
``(d) Savings Provision.--Any mortgage for which the mortgagor has
applied to the Secretary, before the date of enactment of the
Departments of Veterans Affairs and Housing and Urban Development, and
Independent Agencies Appropriations Act, 1996, for assignment pursuant
to subsection (b) of this section as in effect before such date of
enactment shall continue to be governed by the provisions of this
section, as in effect immediately before such date of enactment.
``(e) Applicability of Other Laws.--No provision of this Act, or any
other law, shall be construed to require the Secretary to provide an
alternative to foreclosure for mortgagees with mortgages on 1- to 4-
family residences insured by the Secretary under this Act, or to accept
assignments of such mortgages.''.
(c) <<NOTE: 12 USC 1710 note.>> Applicability of Amendments.--Except
as provided in subsection (e), the amendments made by subsections (a)
and (b) shall apply only with respect to mortgages insured under the
National Housing Act that are originated before October 1, 1995.
(d) <<NOTE: 12 USC 1710 note.>> 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 the amendments made by this section.
(e) Effectiveness and Applicability.--If this Act is enacted after
the date of enactment of the Balanced Budget Act of 1995--
(1) subsections (a), (b), (c), and (d) of this section shall
not take effect; and
[[Page 110 STAT. 47]]
(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 ``that are originated
before, during, and after fiscal year 1996.''.
This Act may be cited as ``The Balanced Budget Downpayment Act, I''.
Approved January 26, 1996.
LEGISLATIVE HISTORY--H.R. 2880:
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CONGRESSIONAL RECORD, Vol. 142 (1996):
Jan. 25, considered and passed House.
Jan. 26, considered and passed Senate.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 32 (1996):
Jan. 26, Presidential statement.
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