H.R. 2880 — Balanced Budget Downpayment Act, I

[104th Congress Public Law 99]
[From the U.S. Government Publishing 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:
---------------------------------------------------------------------------

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.

                                  <all>
Balanced Budget Downpayment Act, I

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