[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2099 Engrossed Amendment Senate (EAS)]

  
  
  
  
  
  
  
  
  
  

                  In the Senate of the United States,

                    September 27 (legislative day, September 25), 1995.
      Resolved, That the bill from the House of Representatives (H.R. 
2099) entitled ``An Act making appropriations for the Departments of 
Veterans Affairs and Housing and Urban Development, and for sundry 
independent agencies, boards, commissions, corporations, and offices 
for the fiscal year ending September 30, 1996, and for other 
purposes'', do pass with the following

                              AMENDMENTS:

(1)Page 2, line 20, strike out [$25,180,000] and insert: $27,431,000

(2)Page 3, line 15, strike out [$1,345,300,000] and insert: 
$1,352,180,000

(3)Page 3, strike out line 20 and insert: as amended: Provided further, 
That of the amounts appropriated for readjustment benefits, $6,880,000 
shall be available for funding the Service Members Occupational 
Conversion and Training program as authorized by sections 4481-4497 of 
Public Law 102-484, as amended.

(4)Page 8, line 2, strike out [$16,777,474,000] and insert: 
$16,450,000,000

(5)Page 8, line 8, after ``1997'' insert: : Provided further, That 
notwithstanding any other provision of law, any veteran eligible for 
hospital care or medical services under section 1710 of title 38 may be 
treated in the most efficient manner

(6)Page 8, line 13, strike out [$251,743,000] and insert: $257,000,000

(7)Page 8, strike out lines 15 through 19

(8)Page 10, line 5, strike out [$821,487,000] and insert: $872,000,000

(9)Page 11, line 22, strike out [$183,455,000] and insert: $35,785,000

(10)Page 13, line 13, strike out [$152,934,000] and insert: 
$190,000,000

(11)Page 20, after line 15 insert:
    Sec. 109. Notwithstanding any other provision of law, the Secretary 
of Veterans Affairs is authorized to transfer, without compensation or 
reimbursement, the jurisdiction and control of a parcel of land 
consisting of approximately 6.3 acres, located on the south edge of the 
Department of Veterans Affairs Medical and Regional Office Center, 
Wichita, Kansas, including buildings Nos. 8 and 30 and other 
improvements thereon, to the Secretary of Transportation for the 
purpose of expanding and modernizing United States Highway 54: 
Provided, That if necessary, the exact acreage and legal description of 
the real property transferred shall be determined by a survey 
satisfactory to the Secretary of Veterans Affairs and the Secretary of 
Transportation shall bear the cost of such survey: Provided further, 
That the Secretary of Transportation shall be responsible for all costs 
associated with the transferred land and improvements thereon, and 
compliance with all existing statutes and regulations: Provided 
further, That the Secretary of Veterans Affairs and the Secretary of 
Transportation may require such additional terms and conditions as each 
Secretary considers appropriate to effectuate this transfer of land.

(12)Page 20, after line 15 insert:
    Sec. 110. Funds available to the Department of Veterans Affairs 
Revolving Supply Fund shall be available until September 30, 1997, for 
expenses necessary to establish a Department wide program to develop 
and implement a Federal acquisition computer network required by 
section 9001 of the Federal Acquisition Streamlining Act of 1994 
(Public Law 103-355).

(13)Page 20, after line 15 insert:
    Sec. 111. The Department of Veterans Affairs shall provide hospital 
care and medical services to eligible veterans in the State of Hawaii 
at levels commensurate with levels of care provided in the forty-eight 
contiguous States. The Secretary shall utilize the contract authority 
prescribed in section 1703 of title 38, United States Code, to treat 
eligible veterans residing in the State of Hawaii wherever appropriate.

(14)Page 20, after line 15 insert:
    Sec. 112. Plan for Allocation of Health Care Resources by 
Department of Veterans Affairs.
    (a) Plan.--(1) The Secretary of Veterans Affairs shall develop a 
plan for the allocation of health care resources (including personnel 
and funds) of the Department of Veterans Affairs among the health care 
facilities of the Department so as to ensure that veterans having 
similar economic status, eligibility priority and, or, similar medical 
conditions who are eligible for medical care in such facilities have 
similar access to such care in such facilities regardless of the region 
of the United States in which such veterans reside.
    (2) The Plan shall reflect, to the maximum extent possible, the 
Veterans Integrated Service Network, as well as the Resource Planning 
and Management System developed by the Department of Veterans Affairs 
to account for forecasts in expected workload and to ensure fairness to 
facilities that provide cost-efficient health care, and shall include 
procedures to identify reasons for variations in operating costs among 
similar facilities and ways to improve the allocation of resources so 
as to promote efficient use of resources and provision of quality 
health care.
    (3) The Secretary shall prepare the plan in consultation with the 
Under Secretary of Health of the Department of Veterans Affairs.
    (b) Plan Elements.--The plan under subsection (a) shall set forth--
            (1) milestones for achieving the goal referred to in that 
        subsection; and
            (2) a means of evaluating the success of the Secretary in 
        meeting the goals through the plan.
    (c) Submittal to Congress.--The Secretary shall submit to Congress 
the plan developed under subsection (a) not later than 180 days after 
the date of the enactment of this Act.
    (d) Plan Implementation.--The Secretary shall implement the plan 
developed under subsection (a) within 60 days of submitting such plan 
to Congress under subsection (b), unless within such period the 
Secretary notifies the appropriate committees of Congress that such 
plan will not be implemented along with an explanation of why such plan 
will not be implemented.

(15)Page 20, after line 15 insert:
    Sec. 113. During fiscal year 1996, not to exceed $5,700,000 may be 
transferred from ``Medical care'' to ``Medical administration and 
miscellaneous operating expenses''. No transfer may occur until 20 days 
after the Secretary of Veterans Affairs provides written notice to the 
House and Senate Committees on Appropriations.

(16)Page 20, strike out all after line 20, over to and including line 
13 on page 25 and insert:
    For assistance under the United States Housing Act of 1937, as 
amended (``the Act'' herein) (42 U.S.C. 1437), not otherwise provided 
for, $5,594,358,000, to remain available until expended: Provided, That 
of the total amount provided under this head, $200,000,000 shall be for 
the development or acquisition cost of public housing for Indian 
families, including amounts for housing under the mutual help 
homeownership opportunity program under section 202 of the Act (42 
U.S.C. 1437bb): Provided further, That of the total amount provided 
under this head, $2,510,000,000 shall be for modernization of existing 
public housing projects pursuant to section 14 of the Act (42 U.S.C. 
1437l), including up to $30,000,000 for the inspection of public 
housing units, contract expertise, and training and technical 
assistance, directly or indirectly, under grants, contracts, or 
cooperative agreements, to assist in the oversight and management of 
public and Indian housing (whether or not the housing is being 
modernized with assistance under this proviso) or tenant-based 
assistance, including, but not limited to, an annual resident survey, 
data collection and analysis, training and technical assistance by or 
to officials and employees of the Department and of public housing 
agencies and to residents in connection with the public and Indian 
housing program, support of a public housing institution to provide 
such training, technical assistance, and education, and training and 
technical assistance to assist public housing agencies in avoiding 
designation as troubled agencies and in qualifying for removal of such 
designation: Provided further, That of the total amount provided under 
this head, $240,000,000 shall be for new incremental rental subsidy 
contracts under the section 8 existing housing certificate program and 
the housing voucher program under section 8 of the Act, except that 
such amounts shall be used only for units necessary to provide housing 
assistance for residents to be relocated from existing federally 
subsidized or assisted housing, for replacement housing for units 
demolished or disposed of (including units to be disposed of pursuant 
to a homeownership program under section 5(h) or title III of the 
United States Housing Act of 1937) from the public housing inventory, 
for funds related to litigation settlements, for the conversion of 
section 23 projects to assistance under section 8, for public housing 
agencies to implement allocation plans approved by the Secretary for 
designated housing, and for funds to carry out the family unification 
program: Provided further, That of the total amount provided under this 
head, $500,000,000 shall be for amendments to section 8 contracts other 
than contracts for projects developed under section 202 of the Housing 
Act of 1959, as amended; $261,000,000 shall be for section 8 assistance 
and rehabilitation grants for property disposition; and $624,000,000 
shall be for assistance for State or local units of government 
(including public housing authorities), tenant and nonprofit 
organizations to purchase projects where owners have indicated an 
intention to prepay mortgages and for assistance to be used as an 
incentive to prevent prepayment or for vouchers (not to exceed 
$74,000,000) to aid eligible tenants adversely affected by mortgage 
prepayment, as authorized in the Emergency Low-Income Housing 
Preservation Act of 1987, as amended: Provided further, That of the 
foregoing $624,000,000, up to $20,000,000 shall be available for 
preservation technical assistance grants pursuant to section 253 of the 
Housing and Community Development Act of 1987, as amended, and that the 
Secretary may designate funding to carry out plans of action approved 
prior to October 1, 1995, to permit purchases of projects by non-profit 
organizations or tenant organizations, which are awaiting funding, and 
which, to the Secretary's satisfaction, will be unable to close without 
immediate obligation of funding heretofore applied for and approved: 
Provided further, That with respect to the foregoing $624,000,000, if 
the Secretary determines that the demand for funding may exceed amounts 
available for such funding, the Secretary (1) may determine priorities 
for distributing available funds, including giving priority funding to 
tenants displaced due to mortgage prepayment and to projects that have 
not yet been funded but to which funding has been committed; and (2) 
may impose a temporary moratorium on applications by potential 
recipients of such funding: Provided further, That during fiscal year 
1996, the Secretary of Housing and Urban Development may manage and 
dispose of multifamily properties owned by the Secretary and 
multifamily mortgages held by the Secretary as of October 1, 1995 
without regard to any other provision of law: Provided further, That 50 
per centum of the amounts of budget authority, or in lieu thereof 50 
per centum of the cash amounts associated with such budget authority, 
that are recaptured from projects described in section 1012(a) of the 
Stewart B. McKinney Homeless Assistance Amendments Act of 1988 (Public 
Law 100-628, 102 Stat. 3224, 3268) shall be rescinded, or in the case 
of cash, shall be remitted to the Treasury, and such amounts of budget 
authority or cash recaptured and not rescinded or remitted to the 
Treasury shall be used by State housing finance agencies or local 
governments or local housing agencies with projects approved by the 
Secretary of Housing and Urban Development for which settlement 
occurred after January 1, 1992, in accordance with such section: 
Provided further, That of the total amount provided under this head, 
$171,000,000 shall be for housing opportunities for persons with AIDS 
under title VIII, subtitle D of the Cranston-Gonzalez National 
Affordable Housing Act; and $75,000,000 shall be for the lead-based 
paint hazard reduction program as authorized under sections 1011 and 
1053 of the Residential Lead-Based Hazard Reduction Act of 1992.
    Of the total amount provided under this head, $780,190,000 shall be 
for capital advances, including amendments to capital advance 
contracts, for housing for the elderly, as authorized by section 202 of 
the Housing Act of 1959, as amended, and for project rental assistance, 
and amendments to contracts for project rental assistance, for 
supportive housing for the elderly under section 202(c)(2) of the 
Housing Act of 1959; and $233,168,000 shall be for capital advances, 
including amendments to capital advance contracts, for supportive 
housing for persons with disabilities, as authorized by section 811 of 
the Cranston-Gonzalez National Affordable Housing Act; and for project 
rental assistance, and amendments to contracts for project rental 
assistance, for supportive housing for persons with disabilities as 
authorized by section 811 of the Cranston-Gonzalez National Affordable 
Housing Act: Provided, That the Secretary may waive any provision of 
section 202 of the Housing Act of 1959 and section 811 of the National 
Affordable Housing Act (including the provisions governing the terms 
and conditions of project rental assistance) that the Secretary 
determines is not necessary to achieve the objectives of these 
programs, or that otherwise impedes the ability to develop, operate or 
administer projects assisted under these programs, and may make 
provision for alternative conditions or terms where appropriate.

public housing demolition, site revitalization, and replacement housing 
                                 grants

    For grants to public housing agencies for the purposes of enabling 
the demolition of obsolete public housing projects or portions thereof, 
the revitalization (where appropriate) of sites (including remaining 
public housing units) on which such projects are located, replacement 
housing which will avoid or lessen concentrations of very low-income 
families, and tenant-based assistance in accordance with section 8 of 
the United States Housing Act of 1937 for the purpose of providing 
replacement housing and assisting tenants to be displaced by the 
demolition, $500,000,000, to remain available until expended: Provided, 
That the Secretary shall award such funds to public housing agencies by 
a competition which includes among other relevant criteria the local 
and national impact of the proposed demolition and revitalization 
activities and the extent to which the public housing agency could 
undertake such activities without the additional assistance to be 
provided hereunder: Provided further, That eligible expenditures 
hereunder shall be those expenditures eligible under section 8 and 
section 14 of the United States Housing Act of 1937 (42 U.S.C. 1437f 
and l): Provided further, That the Secretary may impose such conditions 
and requirements as the Secretary deems appropriate to effectuate the 
purposes of this paragraph: Provided further, That the Secretary may 
require an agency selected to receive funding to make arrangements 
satisfactory to the Secretary for use of an entity other than the 
agency to carry out this program where the Secretary determines that 
such action will help to effectuate the purpose of this paragraph: 
Provided further, That in the event an agency selected to receive 
funding does not proceed expeditiously as determined by the Secretary, 
the Secretary shall withdraw any funding made available pursuant to 
this paragraph and that has not been obligated by the agency and 
distribute such funds to one or more other eligible agencies: Provided 
further, That of the foregoing $500,000,000, the Secretary may use up 
to .67 per centum for technical assistance, to be provided directly or 
indirectly by grants, contracts or cooperative agreements, including 
training and cost of necessary travel for participants in such 
training, by or to officials and employees of the Department and of 
public housing agencies and to residents: Provided further, That any 
replacement housing provided with assistance under this head shall be 
subject to section 18(f) of the United States Housing Act of 1937, as 
amended by section 201(b)(2) of this Act.

   assistance for the renewal of expiring section 8 subsidy contracts

                     (including transfer of funds)

    For assistance under the United States Housing Act of 1937 (42 
U.S.C. 1437) not otherwise provided for, for use in connection with 
expiring section 8 subsidy contracts, $4,350,862,000, to remain 
available until expended: Provided, That to the extent the amount in 
this appropriation is insufficient to fund all expiring section 8 
contracts, the Secretary may transfer to and merge with this 
appropriation such amounts from the ``Annual contributions for assisted 
housing'' appropriation as the Secretary shall determine, and amounts 
earmarked in the foregoing account may be reduced accordingly, at the 
Secretary's discretion: Provided further, That the Secretary may 
maintain consolidated accounting data for funds disbursed at the public 
housing agency or Indian housing authority or project level for subsidy 
assistance regardless of the source of the disbursement so as to 
minimize the administrative burden of multiple accounts: Provided 
further, That the Secretary may determine not to apply section 
8(o)(6)(B) of the Act to renewals of housing vouchers during fiscal 
year 1996.

(17)Page 26, line 16, strike out [$2,500,000,000] and insert: 
$2,800,000,000

(18)Page 26, after line 16 insert:

             drug elimination grants for low-income housing

    For grants to public and Indian housing agencies for use in 
eliminating crime in public housing projects authorized by 42 U.S.C. 
11901-11908, and for drug information clearinghouse services authorized 
by 42 U.S.C. 11921-11925, $290,000,000, to remain available until 
expended, of which $10,000,000 shall be for grants, technical 
assistance, contracts and other assistance training, program 
assessment, and execution for or on behalf of public housing agencies 
and resident organizations (including the cost of necessary travel for 
participants in such training): Provided, That after setting aside 
amounts in 42 U.S.C. 11909(b) for grants for federally assisted low-
income housing, the Secretary, notwithstanding 42 U.S.C. 11904, may 
provide grants through a formula taking into account the needs of 
public housing agencies for anti-crime funding, and the amount of 
funding public housing agencies have received under this heading during 
fiscal years 1993, 1994, and 1995, but which does not exclude an 
eligible agency that has not received funding during that period: 
Provided further, That the term ``drug-related crime'', as defined in 
42 U.S.C. 11905(2), shall also include other types of crime as 
determined by the Secretary.

(19)Page 26, strike out all after line 22, over to and including line 
10 on page 27

(20)Page 27, line 24, after ``For'' insert: grants awarded or allocated 
by the Secretary of Housing and Urban Development, through a 
competition or by formula, for the purpose of providing housing and 
services for homeless individuals and families to be delivered by 
entities eligible to receive assistance under, and to fund eligible 
activities described in,

(21)Page 28, line 7, after ``Act;'' insert: and

(22)Page 28, line 8, strike out all after ``Act)'' down to and 
including ``103-120)),'' in line 11

(23)Page 28, line 11, strike out [$676,000,000] and insert: 
$760,000,000

(24)Page 28, line 12, after ``expended.'' insert: To the extent the 
Secretary determines to use a formula under this heading, the Secretary 
shall use the existing formula as provided under the Emergency Shelter 
Grants program under section 413 of the Stewart B. McKinney Homeless 
Assistance Act and promulgate any rules under the rulemaking procedures 
under section 553 of title 5, United States Code. The Secretary shall 
report, within one year of the date of enactment, on ways to merge the 
homeless assistance programs under the Stewart B. McKinney Homeless 
Assistance Act with the HOME program under title II of the Cranston-
Gonzalez National Affordable Housing Act.

(25)Page 28, line 22, strike out [$46,000,000] and insert: $60,000,000

(26)Page 28, line 25, after ``5301),'' insert: $2,000,000 shall be 
available as a grant to the Housing Assistance Council, $1,000,000 
shall be available as a grant to the National American Indian Housing 
Council,

(27)Page 28, line 26, strike out [$19,500,000] and insert: $27,000,000

(28)Page 29, line 3, strike out all after ``than'' down to and 
including ``Act'' in line 4 and insert: a grant made available under 
the preceding proviso to the Housing Assistance Council or the National 
American Indian Housing Council, or a grant using funds under section 
107(b)(3) of the Housing and Community Development Act of 1974)

(29)Page 29, line 8, after ``ment'' insert: : Provided further, That 
section 105(a)(25) of such Act, as added by section 907(b)(1) of the 
Cranston-Gonzalez National Affordable Housing Act, shall continue to be 
effective after September 30, 1995, notwithstanding section 907(b)(2) 
of such Act

(30)Page 29, line 8, after ``ment'' insert: : Provided further, That 
section 916 of the Cranston-Gonzalez National Affordable Housing Act 
shall apply with respect to fiscal year 1996, notwithstanding section 
916(f) of that Act

(31)Page 29, after line 8, insert:
    Of the amount provided under this heading, the Secretary of Housing 
and Urban Development may use up to $80,000,000 for grants to public 
housing agencies (including Indian housing authorities), nonprofit 
corporations, and other appropriate entities for a supportive services 
program to assist residents of public and assisted housing, former 
residents of such housing receiving tenant-based assistance under 
section 8 of such Act (42 U.S.C. 1437f), and other low-income families 
and individuals become self-sufficient: Provided, That the program 
shall provide supportive services to the elderly and the disabled and 
to families with children where the head of household would benefit 
from the receipt of supportive services and is working, seeking work, 
or is preparing for work by participating in job training or 
educational programs: Provided further, That the supportive services 
shall include congregate services for the elderly and disabled, service 
coordinators, and coordinated educational, training, and other 
supportive services, including academic skills training, job search 
assistance, assistance related to retaining employment, vocational and 
entrepreneurship development and support programs, transportation, and 
child care: Provided further, That the Secretary shall require 
applicants to demonstrate firm commitments of funding or services from 
other sources: Provided further, That the Secretary shall select public 
and Indian housing agencies to receive assistance under this head on a 
competitive basis, taking into account the quality of the proposed 
program (including any innovative approaches), the extent of the 
proposed coordination of supportive services, the extent of commitments 
of funding or services from other sources, the extent to which the 
proposed program includes reasonably achievable, quantifiable goals for 
measuring performance under the program over a three-year program, the 
extent of success an agency has had in carrying out other comparable 
initiatives, and other appropriate criteria established by the 
Secretary: Provided further, That of the amount made available under 
this paragraph, $12,000,000 shall be available for contracts, grants, 
and other assistance, other than loans, not otherwise provided for, for 
providing counseling and advice to tenants and homeowners both current 
and prospective, with respect to property maintenance, financial 
management, and such other matters as may be appropriate to assist them 
in improving their housing conditions and meeting the responsibilities 
of tenancy or homeownership, including provisions for training and for 
support of voluntary agencies and services as authorized by section 106 
of the Housing and Urban Development Act of 1968, as amended, 
notwithstanding section 106(c)(9) and section 106(d)(13) of such Act. 
Of the amount provided under this heading, notwithstanding any other 
provision of law, $40,000,000 shall be available for youthbuild program 
activities authorized by subtitle D of title IV of the Cranston-
Gonzalez National Affordable Housing Act, as amended, and shall be an 
eligible activity with respect to any funds made available under this 
heading. Of the amount provided under this heading, notwithstanding any 
other provision of law, $80,000,000 shall be available for Economic 
Development Initiative grants as authorized by section 232 of the 
Multifamily Housing Property Disposition Reform Act of 1994, Public Law 
103-233, on a competitive basis as required by section 102 of the HUD 
Reform Act.

(32)Page 29, line 9, strike out [$10,500,000] and insert: $15,750,000

(33)Page 29, line 16, strike out [$1,000,000,000] and insert: 
$1,500,000,000

(34)Page 29, line 18, strike out [$225,000] and insert: $675,000

(35)Page 29, after line 20 insert:
    The amount made available for fiscal year 1995 for a special 
purpose grant for the renovation of the central terminal in Buffalo, 
New York, shall be made available for the central terminal and for 
other public facilities in Buffalo, New York.

(36)Page 30, strike out lines 7 through 13

(37)Page 30, line 21, strike out [$951,988,000] and insert: 
$980,777,000

(38)Page 30, line 21, strike out [$505,745,000] and insert: 
$532,782,000

(39)Page 30, line 23, strike out [$8,824,000] and insert: $9,101,000

(40)Page 30, line 25, strike out [$225,000] and insert: $675,000

(41)Page 31, line 5, strike out [$47,388,000] and insert: $48,251,000

(42)Page 31, line 6, strike out [$10,961,000] and insert: $11,283,000

(43)Page 31, strike out lines 8 through 17

(44)Page 31, line 25, after ``$110,000,000,000'' insert: : Provided, 
That during fiscal year 1996, the Secretary shall sell assigned 
mortgage notes having an unpaid principal balance of up to 
$4,000,000,000, which notes were originally insured under section 
203(b) of the National Housing Act: Provided further, That the 
Secretary may use any negative subsidy amounts from the sale of such 
assigned mortgage notes during fiscal year 1996 for the disposition of 
properties or notes under this heading

(45)Page 32, line 10, strike out [$308,846,000] and insert: 
$341,595,000

(46)Page 32, line 13, strike out [$308,290,000] and insert: 
$334,483,000

(47)Page 32, line 15, strike out [$6,790,000] and insert: $7,112,000

(48)Page 32, line 19, strike out [Total] and insert:
    For the cost of guaranteed loans, as authorized by sections 238 and 
519 of the National Housing Act (12 U.S.C. 1715z-3 and 1735c), 
including the cost of modifying such loans, $100,000,000, to remain 
available until expended: Provided, That such costs shall be as defined 
in section 502 of the Congressional Budget Act of 1974: Provided 
further, That these funds are available to subsidize total

(49)Page 32, line 20, strike out [shall not] and insert: of not to

(50)Page 32, line 20, strike out [$15,000,000,000] and insert: 
$17,400,000,000

(51)Page 32, line 20, strike out [Provided,] and insert: Provided 
further, That during fiscal year 1996, the Secretary shall sell 
assigned notes having an unpaid principal balance of up to 
$4,000,000,000, which notes were originally obligations of the funds 
established under sections 238 and 519 of the National Housing Act: 
Provided further, That the Secretary may use any negative subsidy 
amounts from the sale of such assigned mortgage notes during fiscal 
year 1996, in addition to amounts otherwise provided, for the 
disposition of properties or notes under this heading (including the 
credit subsidy for the guarantee of loans or the reduction of positive 
credit subsidy amounts that would otherwise be required for the sale of 
such properties or notes), and for any other purpose under this 
heading: Provided further,

(52)Page 33, line 1, strike out [made available for obligation] and 
insert: obligated

(53)Page 33, line 6, strike out all after ``amounts'' over to and 
including ``1974'' in line 10 on page 34

(54)Page 34, line 24, strike out [$197,470,000] and insert: 
$202,470,000

(55)Page 34, line 24, strike out [$197,455,000] and insert: 
$198,299,000

(56)Page 35, line 13, strike out [$8,824,000] and insert: $9,101,000

(57)Page 35, line 15, strike out [$8,824,000] and insert: $9,101,000

(58)Page 35, strike out all after line 19 over to and including line 2 
on page 50 and insert:

SEC. 201. EXTEND ADMINISTRATIVE PROVISIONS FROM THE RESCISSION ACT.

    (a) Public and Indian Housing Modernization.--
            (1) Expansion of use of modernization funding.--Subsection 
        14(q) of the United States Housing Act of 1937 is amended to 
        read as follows:
    ``(q)(1) In addition to the purposes enumerated in sections 14(a), 
14(b), and 5(a), a public housing agency may use modernization 
assistance provided under section 14, and development assistance 
provided under section 5(a), for any eligible activity authorized by 
either of those sections or by applicable Appropriations Acts, 
including the demolition, rehabilitation, revitalization, and 
replacement of existing units and projects and, for up to 10 percent of 
its allocation of such funds in any fiscal year, for any operating 
subsidy purpose authorized in section 9. Units and projects assisted 
hereunder shall be for low-income families and shall be eligible for 
operating subsidies subject to the availability of appropriated funds.
    ``(2) A public housing agency may provide assistance to 
developments that include units for other than low-income families, 
hereinafter called ``mixed income developments'', in the form of a 
grant, loan, or other form of investment which may be made to: (A) the 
public housing agency or an affiliate controlled by it; (B) a 
partnership, a limited liability company, or other legal entity in 
which the public housing agency or its affiliate is a general partner, 
managing member, or otherwise significantly directs the activities of 
such entity; or (C) any entity which grants to the public housing 
agency the option to purchase the development within 20 years after 
initial occupancy in accordance with section 42(l)(7) of the Internal 
Revenue Code of 1986, as amended: Provided, That units shall be made 
available in such developments for periods of not less than 20 years, 
by master contract or by individual lease, for occupancy by low-income 
families referred from time to time by the public housing agency; the 
number of such units shall be either: (i) in the same proportion to the 
total number of units in such development that the financial assistance 
provided by the public housing agency bears to the total equity 
investment in the development, or (ii) not be less than the number of 
units that could have been developed under the conventional public 
housing program with the assistance involved, or (iii) as may otherwise 
be approved by the Secretary.
    ``(3) A mixed income development may elect to have all units 
subject only to the applicable local real estate taxes, notwithstanding 
that the low-income units assisted by public housing funds would 
otherwise be subject to section 6(d) of the Housing Act of 1937.''.
            (2) Extension of authority.--Section 1001(b) of the 
        Emergency Supplemental Appropriations for Additional Disaster 
        Assistance, for Antiterrorism Initiatives, for Assistance in 
        the Recovery from the Tragedy that Occurred at Oklahoma City, 
        and Rescissions Act, 1995 (109 Stat. 235), is amended to read 
        as follows:
    ``(b) Applicability.--Section 14(q) of the United States Housing 
Act of 1937, as added by subsection (a) of this section, shall be 
effective only with respect to assistance provided from funds made 
available for fiscal year 1996 or any preceding fiscal year.''.
            (3) Applicability.--In accordance with section 201(b)(2) of 
        the United States Housing Act of 1937, the amendment made by 
        subsection (a) shall apply to public housing developed or 
        operated pursuant to a contract between the Secretary of 
        Housing and Urban Development and an Indian housing 
        authority.''.
    (b) One-for-One Replacement of Public and Indian Housing.--
            (1) Permanent authority.--Section 1002(d) of Public Law 
        104-19 is amended to read as follows:
    ``(d) Subsections (a), (b), and (c) shall be effective for 
applications for the demolition, disposition, or conversion to 
homeownership of public housing approved by the Secretary, and other 
consolidation and relocation activities of public housing agencies 
undertaken on, before, or after September 30, 1995 and before September 
30, 1996.''.
            (2) Section 18(f) of the United States Housing Act of 1937 
        is amended by adding at the end the following new sentence: 
        ``No one may rely on the preceding sentence as the basis for 
        reconsidering a final order of a court issued, or a settlement 
        approved by, a court.''.
            (3) Applicability.--In accordance with section 201(b)(2) of 
        the United States Housing Act of 1937, the amendments made by 
        this section and by sections 1002 (a), (b), and (c) of Public 
        Law 104-19 shall apply to public housing developed or operated 
        pursuant to a contract between the Secretary of Housing and 
        Urban Development and an Indian housing authority.

SEC. 202. PUBLIC HOUSING RENTS AND INCOME TARGETING.

    (a) Minimum Rents.--Section 3(a)(1) of the United States Housing 
Act of 1937 is amended by inserting at the end the following new 
sentence: ``Where the rent determined under the previous sentence is 
less than $25, the Secretary shall permit a public housing agency to 
charge a family residing in public housing up to $25 as rent.''.
    (b) Establishment of Ceiling Rents.--Section 3(a)(2) of the United 
States Housing Act of 1937 is amended to read as follows:
            ``(2) Notwithstanding paragraph (1), a public housing 
        agency may--
                    ``(A) adopt ceiling rents that reflect the 
                reasonable market value of the housing, but that are 
                not less than the monthly costs--
                            ``(i) to operate the housing of the agency; 
                        and
                            ``(ii) to make a deposit to a replacement 
                        reserve (in the sole discretion of the public 
                        housing agency); and
                    ``(B) allow families to pay ceiling rents referred 
                to in subparagraph (A), unless, with respect to any 
                family, the ceiling rent established under this 
                paragraph would exceed the amount payable as rent by 
                that family under paragraph (1).''.
    (c) Definition of Adjusted Income.--Section 3(b)(5) of the United 
States Housing Act of 1937 is amended--
            (1) at the end of subparagraph (F), by striking ``and'';
            (2) at the end of subparagraph (G), by striking the period 
        and inserting ``; and ''; and
            (3) by inserting after subparagraph (G) the following:
                    ``(H) for public housing, any other adjustments to 
                earned income established by the public housing agency.
        If a public housing agency adopts other adjustments to income 
        pursuant to subparagraph (H), the Secretary (i) 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 written system of 
                preferences for admission to public housing, if any, 
                that is not inconsistent with the comprehensive housing 
                affordability strategy under title I of the Cranston-
                Gonzalez National Affordable Housing Act;''.
            (2) Section 8 existing and moderate rehabilitation.--
        Section 8(d)(1)(A) of the United States Housing Act of 1937 (42 
        U.S.C. 1437f(d)(1)(A)) is amended to read as follows:
                    ``(A) the selection of tenants shall be the 
                function of the owner, subject to the provisions of the 
                annual contributions contract between the Secretary and 
                the agency, except that for the certificate and 
                moderate rehabilitation programs only, for the purpose 
                of selecting families to be assisted, the public 
                housing agency may establish, after public notice and 
                an opportunity for public comment, a written system of 
                preferences for selection that is not inconsistent with 
                the comprehensive housing affordability strategy under 
                title I of the Cranston-Gonzalez National Affordable 
                Housing Act;''.
            (3) Section 8 voucher program.--Section 8(o)(3)(B) of the 
        United States Housing Act of 1937 (42 U.S.C. 1437f(o)(3)(B)) is 
        amended to read as follows:
                    ``(B) For the purpose of selecting families to be 
                assisted under this subsection, the public housing 
                agency may establish, after public notice and an 
                opportunity for public comment, a written system of 
                preferences for selection that is not inconsistent with 
                the comprehensive housing affordability strategy under 
                title I of the Cranston-Gonzalez National Affordable 
                Housing Act.''.
            (4) Section 8 new construction and substantial 
        rehabilitation.--
                    (A) Repeal.--Section 545(c) of the Cranston-
                Gonzalez National Affordable Housing Act (42 U.S.C. 
                1437f note) is amended to read as follows:
    ``(c) [Reserved.]''.
                    (B) Prohibition.--Notwithstanding any other 
                provision of law, no Federal tenant selection 
                preferences shall apply with respect to--
                            (i) housing constructed or substantially 
                        rehabilitated pursuant to assistance provided 
                        under section 8(b)(2) of the United States 
                        Housing Act of 1937 (as such section existed on 
                        the day before October 1, 1983); or
                            (ii) projects financed under section 202 of 
                        the Housing Act of 1959 (as such section 
                        existed on the day before the date of enactment 
                        of the Cranston-Gonzalez National Affordable 
                        Housing Act).
            (5) Rent supplements.--Section 101(k) of the Housing and 
        Urban Development Act of 1965 (12 U.S.C. 1701s(k)) is amended 
        to read as follows:
    ``(k) [Reserved.]''.
            (6) Conforming amendments.--
                    (A) United states housing act of 1937.--The United 
                States Housing Act of 1937 (42 U.S.C. 1437 et seq.) is 
                amended--
                            (i) in section 6(o), by striking 
                        ``preference rules specified in'' and inserting 
                        ``written system of prefenences for selection 
                        established pursuant to'';
                            (ii) in section 7(a)(2), by striking 
                        ``according to the preferences for occupancy 
                        under'' and inserting ``in accordance with the 
                        written system of preferences for selection 
                        established pursuant to'';
                            (iii) in section 8(d)(2)(A), by striking 
                        the last sentence;
                            (iv) in section 8(d)(2)(H), by striking 
                        ``notwithstanding subsection (d)(1)(A)(i), an'' 
                        and inserting ``An'';
                            (v) in section 16(c), in the second 
                        sentence, by striking ``the system of 
                        preferences established by the agency pursuant 
                        to section 6(c)(4)(A)(ii)'' and inserting ``the 
                        written system of preferences for selection 
                        established by the public housing agency 
                        pursuant to section 6(c)(4)(A)''; and
                            (vi) in section 24(e)--
                                    (I) by striking ``(e) Exceptions.'' 
                                and all that follows through ``The 
                                Secretary may'' and inserting the 
                                following:
    ``(e) Exception to General Program Requirements.--The Secretary 
may''; and
                                    (II) by striking paragraph (2).
                    (B) Cranston-gonzalez national affordable housing 
                act.--Section 522(f)(b)(B) of the Cranston-Gonzalez 
                National Affordable Housing Act (42 U.S.C. 12704 et 
                seq.) is amended by striking ``any preferences for such 
                assistance under section 8(d)(1)(A)(i)'' and inserting 
                ``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 
                through the period at the end and inserting ``any 
                preferences''.
                    (D) References in other law.--Any reference in any 
                Federal law other than any provision of any law amended 
                by paragraphs (1) through (5) of this subsection to the 
                preferences for assistance under section 6(c)(4)(A)(i), 
                8(d)(1)(A)(i), or 8(o)(3)(B) of the United States 
                Housing Act of 1937 (as such sections existed on the 
                day before the date of enactment of this Act) shall be 
                considered to refer to the written system of 
                preferences for selection established pursuant to 
                section 6(c)(4)(A), 8(d)(1)(A), or 8(o)(3)(B), 
                respectively, of the United States Housing Act of 1937, 
                as amended by this section.
    (e) Applicability.--In accordance with section 201(b)(2) of the 
United States Housing Act of 1937, the amendments made by subsections 
(a), (b), (c), and (d) 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.

SEC. 203. CONVERSION OF CERTAIN PUBLIC HOUSING TO VOUCHERS.

    (a) Identification of Units.--
            (1) Each public housing agency shall identify any public 
        housing developments--
                    (A) that are on the same or contiguous sites;
                    (B) that total more than--
                            (i) 600 dwelling units; or
                            (ii) in the case of high-rise family 
                        buildings or substantially vacant buildings, 
                        300 dwelling units;
                    (C) that have a vacancy rate of at least 10 percent 
                for dwelling units not in funded on-schedule 
                modernization programs;
                    (D) identified as distressed housing that the 
                public housing agency cannot assure the long-term 
                viability as public housing through revitalization, 
                density reduction, or achievement of a broader range of 
                household income; and
                    (E) for which the estimated cost of continued 
                operation and modernization of the developments as 
                public housing exceeds the cost of providing tenant-
                based assistance under section 8 of the United States 
                Housing Act of 1937 for all families in occupancy, 
                based on appropriate indicators of cost (such as the 
                percentage of total development cost required for 
                modernization).
    (b) Implementation and Enforcement.--
            (1) Standards for implementation.--The Secretary shall 
        establish standards to permit implementation of this section in 
        fiscal year 1996.
            (2) Consultation.--Each public housing agency shall consult 
        with the applicable public housing tenants and the unit of 
        general local government in identifying any public housing 
        developments under subsection (a).
            (3) Failure of phas to comply with subsection (a).--Where 
        the Secretary determines that--
                    (A) a public housing agency has failed under 
                subsection (a) to identify public housing developments 
                for removal from the inventory of the agency in a 
                timely manner;
                    (B) a public housing agency has failed to identify 
                one or more public housing developments which the 
                Secretary determines should have been identified under 
                subsection (a); or
                    (C) one or more of the developments identified by 
                the public housing agency pursuant to subsection (a) 
                should not, in the determination of the Secretary, have 
                been identified under that subsection;
        the Secretary may designate the developments to be removed from 
        the inventory of the public housing agency pursuant to this 
        section.
    (c) Removal of Units From the Inventories of Public Housing 
Agencies.--
            (1) Each public housing agency shall develop and carry out 
        a plan in conjunction with the Secretary for the removal of 
        public housing units identified under subsection (a) or 
        subsection (b)(3), over a period of up to five years, from the 
        inventory of the public housing agency and the annual 
        contributions contract. The plan shall be approved by the 
        relevant local official as consistent with the Comprehensive 
        Housing Affordability Strategy under title I of the Housing and 
        Community Development Act of 1992, including a description of 
        any disposition and demolition plan for the public housing 
        units.
            (2) The Secretary may extend the deadline in paragraph (1) 
        for up to an additional five years where the Secretary makes a 
        determination that the deadline is impracticable.
            (3) The Secretary shall take appropriate actions to ensure 
        removal of developments identified under subsection (a) from 
        the inventory of a public housing agency, if the public housing 
        agency fails to adequately develop a plan under paragraph (1), 
        or fails to adequately implement such plan in accordance with 
        the terms of the plan.
            (4) To the extent approved in appropriations, the Secretary 
        may establish requirements and provide funding under the Urban 
        Revitalization Demonstration program for demolition and 
        disposition of public housing under this section.
            (5) Notwithstanding any other provision of law, if a 
        development is removed from the inventory of a public housing 
        agency and the annual contributions contract pursuant to 
        paragraph (1), the Secretary may authorize or direct the 
        transfer of--
                    (A) in the case of an agency receiving assistance 
                under the comprehensive improvement assistance program, 
                any amounts obligated by the Secretary for the 
                modernization of such development pursuant to section 
                14 of the United States Housing Act of 1937;
                    (B) in the case of an agency receiving public and 
                Indian housing modernization assistance by formula 
                pursuant to section 14 of the United States Housing Act 
                of 1937, any amounts provided to the agency which are 
                attributable pursuant to the formula for allocating 
                such assistance to the development removed from the 
                inventory of that agency; and
                    (C) in the case of an agency receiving assistance 
                for the major reconstruction of obsolete projects, any 
                amounts obligated by the Secretary for the major 
                reconstruction of the development pursuant to section 5 
                of such Act,
        to the tenant-based assistance program of such agency.
    (d) Conversion to Tenant-Based Assistance.--
            (1) The Secretary shall make authority available to a 
        public housing agency to provide tenant-based assistance 
        pursuant to section 8 to families residing in any development 
        that is removed from the inventory of the public housing agency 
        and the annual contributions contract pursuant to subsection 
        (b).
            (2) Each conversion plan under subsection (c) shall--
                    (A) require the agency to notify families residing 
                in the development, consistent with any guidelines 
                issued by the Secretary governing such notifications, 
                that the development shall be removed from the 
                inventory of the public housing agency and the families 
                shall receive tenant-based or project-based assistance, 
                and to provide any necessary counseling for families; 
                and
                    (B) ensure that all tenants affected by a 
                determination under this section that a development 
                shall be removed from the inventory of a public housing 
                agency shall be offered tenant-based or project-based 
                assistance and shall be relocated, as necessary, to 
                other decent, safe, sanitary, and affordable housing 
                which is, to the maximum extent practicable, housing of 
                their choice.
    (e) In General.--
            (1) The Secretary may require a public housing agency to 
        provide such information as the Secretary considers necessary 
        for the administration of this section.
            (2) As used in this section, the term ``development'' shall 
        refer to a project or projects, or to portions of a project or 
        projects, as appropriate.
            (3) Section 18 of the United States Housing Act of 1937 
        shall not apply to the demolition of developments removed from 
        the inventory of the public housing agency under this section.

SEC. 204. STREAMLINING SECTION 8 TENANT-BASED ASSISTANCE.

    (a) ``Take-One, Take-All''.--Section 8(t) of the United States 
Housing Act of 1937 is hereby repealed.
    (b) Exemption From Notice Requirements for the Certificate and 
Voucher Programs.--Section 8(c) of such Act is amended--
            (1) in paragraph (8), by inserting after ``section'' the 
        following: ``(other than a contract for assistance under the 
        certificate or voucher program)''; and
            (2) in the first sentence of paragraph (9), by striking 
        ``(but not less than 90 days in the case of housing 
        certificates or vouchers under subsection (b) or (o))'' and 
        inserting '', other than a contract under the certificate or 
        voucher program''.
    (c) Endless Lease.--Section 8(d)(1)(B) of such Act is amended--
            (1) in clause (ii), by inserting ``during the term of the 
        lease,'' after ``(ii)''; and
            (2) in clause (iii), by striking ``provide that'' and 
        inserting ``during the term of the lease,''.
    Sec. 205. (a) Fair Market Rentals.--The Secretary shall establish 
fair market rentals for purposes of section 8(c)(1) of the United 
States Housing Act of 1937, as amended, that shall be effective for 
fiscal year 1996 and shall be based on the 40th percentile rent of 
rental distributions of standard quality rental housing units. In 
establishing such fair market rentals, the Secretary shall consider 
only the rents for dwelling units occupied by recent movers and may not 
consider the rents for public housing dwelling units or newly 
constructed rental dwelling units.
    (b) Annual Adjustments.--Section 8(c)(2)(A) of the United States 
Housing Act of 1937, as amended (42 U.S.C. 1437f(c)(2)(A)) is further 
amended--
            (1) in the third sentence by inserting ``and fiscal year 
        1996'' after ``1995'';
            (2) in the fourth sentence, strike ``For'' and insert: 
        ``Except for assistance under the certificate program, for'';
            (3) after the fourth sentence, insert:
        ``In the case of assistance under the certificate program, 0.01 
        shall be subtracted from the amount of the annual adjustment 
        factor (except that the factor shall not be reduced to less 
        than 1.0), and the adjusted rent shall not exceed the rent for 
        a comparable unassisted unit of similar quality, type, and age 
        in the same market area.''; and
            (4) in the last sentence, by
                    (A) striking ``sentence'' and inserting ``two 
                sentences'' and
                    (B) inserting ``and fiscal year 1996'' after 
                ``1995''.
    (c) Administrative Fees.--Notwithstanding the second sentence of 
section 8(q)(1) of the United States Housing Act of 1937, as amended, 
for fiscal year 1996, the portions of the fees for costs incurred by 
public housing agencies in administering the certificate, voucher, and 
moderate rehabilitation programs under section 8 shall not exceed 7.0 
percent of the fair market rental established for a 2-bedroom existing 
rental dwelling unit in the market area of the public housing agency.
    (d) 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 6 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.

SEC. 206. PUBLIC HOUSING/SECTION 8 MOVING TO WORK DEMONSTRATION.

    (a) Purpose.--The purpose of this demonstration is to give public 
housing agencies and the Secretary of Housing and Urban Development the 
flexibility to design and test various approaches for providing and 
administering housing assistance that: reduce cost and achieve greater 
cost effectiveness in Federal expenditures; give incentives to families 
with children where the head of household is working, seeking work, or 
is preparing for work by participating in job training, educational 
programs, or programs that assist people to obtain employment and 
become economically self-sufficient; and increase housing choices for 
lower-income families.
    (b) Program Authority.--The Secretary of Housing and Urban 
Development shall conduct a demonstration program under this section 
beginning in fiscal year 1996 under which up to 30 public housing 
agencies (including Indian housing authorities) administering the 
public or Indian housing program and the section 8 housing assistance 
payments program may be selected by the Secretary to participate. The 
Secretary shall provide training and technical assistance during the 
demonstration and conduct detailed evaluations of up to 15 such 
agencies in an effort to identify replicable program models promoting 
the purpose of the demonstration. Under the demonstration, 
notwithstanding any provision of the United States Housing Act of 1937 
except as provided in subsection (e), an agency may combine operating 
assistance provided under section 9 of the United States Housing Act of 
1937, modernization assistance provided under section 14 of such Act, 
and assistance provided under section 8 of such Act for the certificate 
and voucher programs, to provide housing assistance for low-income 
families, as defined in section 3(b)(2) of the United States Housing 
Act of 1937, and services to facilitate the transition to work on such 
terms and conditions as the agency may propose and the Secretary may 
approve.
    (c) Application.--An application to participate in the 
demonstration--
            (1) shall request authority to combine assistance under 
        sections 8, 9, and 14 of the United States Housing Act of 1937;
            (2) shall be submitted only after the public housing agency 
        provides for citizen participation through a public hearing 
        and, if appropriate, other means;
            (3) shall include a plan developed by the agency that takes 
        into account comments from the public hearing and any other 
        public comments on the proposed program, and comments from 
        current and prospective residents who would be affected, and 
        that includes criteria for--
                    (A) selecting families to be assisted, which shall 
                require that at least 75 percent of the families 
                selected to participate in the demonstration shall be 
                very low-income families, as defined in section 3(b)(2) 
                of the United States Housing Act of 1937, and at least 
                50 percent of the families selected shall have incomes 
                that do not exceed 30 percent of the median family 
                income for the area, as determined by the Secretary 
                with adjustments for smaller and larger families, 
                except that the Secretary may establish income ceilings 
                higher or lower than 30 percent of the median for the 
                area on the basis of the Secretary's findings that such 
                variations are necessary because of unusually high or 
                low family income;
                    (B) setting reasonable rents payable by families, 
                which shall be designed to encourage employment and 
                self-sufficiency by participating families, consistent 
                with the purpose of this demonstration, such as by 
                excluding some or all of a family's earned income for 
                purposes of determining rent;
                    (C) continuing to assist substantially the same 
                total number of eligible low-income families as would 
                have been served had the amounts not been combined;
                    (D) maintaining a comparable mix of families (by 
                family size) as would have been provided had the 
                amounts not been used under the demonstration;
                    (E) assuring that housing assisted under the 
                demonstration program meets housing quality standards 
                established or approved by the Secretary; and
                    (F) other program design features required by the 
                Secretary; and
            (4) may request assistance for training and technical 
        assistance to assist with design of the demonstration and to 
        participate in a detailed evaluation.
    (d) Selection.--In selecting among applications, the Secretary 
shall take into account the potential of each agency to plan and carry 
out a program under the demonstration, the relative performance by an 
agency under the public housing management assessment program under 
section 6(j) of the United States Housing Act of 1937, and other 
appropriate factors as determined by the Secretary.
    (e) Applicability of 1937 Act Provisions.--
            (1) Section 18 of the United States Housing Act of 1937 
        shall continue to apply to public housing notwithstanding any 
        use of the housing under this demonstration.
            (2) Section 12 of such Act shall apply to housing assisted 
        under the demonstration, other than housing occupied by 
        families receiving tenant-based assistance.
    (f) Effect on Section 8, Operating Subsidies, and Comprehensive 
Grant Program Allocations.--The amount of assistance received under 
section 8, section 9, or pursuant to section 14 by a public housing 
agency participating in the demonstration under this part shall not be 
affected by its participation.
    (g) Records, Reports, and Audits.--
            (1) Keeping of records.--Each agency shall keep such 
        records as the Secretary may prescribe as reasonably necessary 
        to disclose the amounts and the disposition of amounts under 
        this demonstration, to ensure compliance with the requirements 
        of this section, and to measure performance.
            (2) Reports.--Each agency shall submit to the Secretary a 
        report, or series of reports, in a form and at a time specified 
        by the Secretary. Each report shall--
                    (A) document the use of funds made available under 
                this section;
                    (B) provide such data as the Secretary may request 
                to assist the Secretary in assessing the demonstration; 
                and
                    (C) describe and analyze the effect of assisted 
                activities in addressing the objectives of this part.
            (3) Access to documents by the secretary.--The Secretary 
        shall have access for the purpose of audit and examination to 
        any books, documents, papers, and records that are pertinent to 
        assistance in connection with, and the requirements of, this 
        section.
            (4) Access to documents by the comptroller general.--The 
        Comptroller General of the United States, or any of the duly 
        authorized representatives of the Comptroller General, shall 
        have access for the purpose of audit and examination to any 
        books, documents, papers, and records that are pertinent to 
        assistance in connection with, and the requirements of, this 
        section.
    (h) Evaluation and Report.--
            (1) Consultation with pha and family representatives.--In 
        making assessments throughout the demonstration, the Secretary 
        shall consult with representatives of public housing agencies 
        and residents.
            (2) Report to congress.--Not later than 180 days after the 
        end of the third year of the demonstration, the Secretary shall 
        submit to the Congress a report evaluating the programs carried 
        out under the demonstration. The report shall also include 
        findings and recommendations for any appropriate legislative 
        action.
    (i) Funding for Technical Assistance and Evaluation.--From amounts 
appropriated for assistance under section 14 of the United States 
Housing Act of 1937 for fiscal years 1996, 1997, and 1998, the 
Secretary may use up to a total of $5,000,000--
            (1) to provide, directly or by contract, training and 
        technical assistance--
                    (A) to public housing agencies that express an 
                interest to apply for training and technical assistance 
                pursuant to subsection (c)(4), to assist them in 
                designing programs to be proposed for the 
                demonstration; and
                    (B) to up to 10 agencies selected to receive 
                training and technical assistance pursuant to 
                subsection (c)(4), to assist them in implementing the 
                approved program; and
            (2) to conduct detailed evaluations of the activities of 
        the public housing agencies under paragraph (1)(B), directly or 
        by contract.

SEC. 207. REPEAL OF PROVISIONS REGARDING INCOME DISREGARDS.

    (a) Maximum Annual Limitation on Rent Increases Resulting From 
Employment.--Section 957 of the Cranston-Gonzalez National Affordable 
Housing Act is hereby repealed, retroactive to November 28, 1990, and 
shall be of no effect.
    (b) Economic Independence.--Section 923 of the Housing and 
Community Development Act of 1992 is hereby repealed, retroactive to 
October 28, 1992, and shall be of no effect.

SEC. 208. EXTENSION OF MULTIFAMILY HOUSING FINANCE PROGRAMS.

    (a) The first sentence of section 542(b)(5) of the Housing and 
Community Development Act of 1992 (12 U.S.C. 1707 note) is amended by 
striking ``on not more than 15,000 units over fiscal years 1993 and 
1994'' and inserting ``on not more than 7,500 units during fiscal year 
1996''.
    (b) The first sentence of section 542(c)(4) of the Housing and 
Community Development Act of 1992 (12 U.S.C. 1707 note) is amended by 
striking ``on not to exceed 30,000 units over fiscal years 1993, 1994, 
and 1995'' and inserting ``on not more than 10,000 units during fiscal 
year 1996''.

SEC. 209. FORECLOSURE OF HUD-HELD MORTGAGES THROUGH THIRD PARTIES.

    During fiscal year 1996, the Secretary of Housing and Urban 
Development may delegate to one or more entities the authority to carry 
out some or all of the functions and responsibilities of the Secretary 
in connection with the foreclosure of mortgages held by the Secretary 
under the National Housing Act.

SEC. 210. RESTRUCTURING OF THE HUD MULTIFAMILY MORTGAGE PORTFOLIO 
              THROUGH STATE HOUSING FINANCE AGENCIES.

    During fiscal year 1996, the Secretary of Housing and Urban 
Development may sell or otherwise transfer multifamily mortgages held 
by the Secretary under the National Housing Act to a State housing 
finance agency in connection with a program authorized under section 
542 (b) or (c) of the Housing and Community Development Act of 1992 
without regard to the unit limitations in section 542(b)(5) or 
542(c)(4) of such Act.

SEC. 211. TRANSFER OF SECTION 8 AUTHORITY.

    (a) Section 8 of the United States Housing Act of 1937 is amended 
by adding the following new subsection at the end:
    ``(bb) Transfer of Budget Authority.--If an assistance contract 
under this section, other than a contract for tenant-based assistance, 
is terminated or is not renewed, or if the contract expires, the 
Secretary shall, in order to provide continued assistance to eligible 
families, including eligible families receiving the benefit of the 
project-based assistance at the time of the termination, transfer any 
budget authority remaining in the contract to another contract. The 
transfer shall be under such terms as the Secretary may prescribe.''.

SEC. 212. DOCUMENTATION OF MULTIFAMILY REFINANCINGS.

    Notwithstanding the 16th paragraph under the item relating to 
``administrative provisions'' in title II of the Departments of 
Veterans Affairs and Housing and Urban Development, and Independent 
Agencies Appropriations Act, 1995 (Public Law 103-327; 108 Stat. 2316), 
the amendments to section 223(a)(7) of the National Housing Act made by 
the 15th paragraph of such Act shall be effective during fiscal year 
1996 and thereafter.

SEC. 213. DEMONSTRATION AUTHORITY.

    (a) On and after October 1, 1995, the Secretary of Housing and 
Urban Development shall carry out a demonstration program with respect 
to multifamily projects whose mortgages are insured under the National 
Housing Act and that are assisted under section 8 of the United States 
Housing Act of 1937 and whose present section 8 rents are, in the 
aggregate, in excess of 110 percent of the fair market rent of the 
locality in which the project is located, including projects whose 
section 8 contracts expire on or after October 1, 1996. These programs 
shall be designed to test the feasibility and desirability of the goal 
of ensuring, to the maximum extent practicable, that the debt service 
and operating expenses, including adequate reserves, attributable to 
such multifamily projects whose mortgages are insured under the 
National Housing Act and that are assisted under section 8 of the 
United States Housing Act of 1937 and whose present section 8 contract 
rents are in excess of the fair market rent of the locality in which 
the project is located can be supported with and without mortgage 
insurance under the National Housing Act and with and without above-
market rents and utilizing project based assistance or, with the 
consent of the property owner and the residents, tenant based 
assistance, while taking into account the need for assistance of low 
and very low income families in such projects. In carrying out this 
demonstration, the Secretary may use arrangements with third parties, 
under which the Secretary may provide for the assumption by the third 
parties (by delegation, contract, or otherwise) of some or all of the 
functions, obligations, and benefits of the Secretary.
            (1) Goals.--The Secretary of Housing and Urban Development 
        shall carry out the demonstration programs under this section 
        in a manner that--
                    (A) will protect the financial interests of the 
                Federal Government;
                    (B) will result in significant discretionary cost 
                savings through debt restructuring and subsidy 
                reduction; and
                    (C) will, in the least costly fashion, address the 
                goals of--
                            (i) maintaining existing housing stock in a 
                        decent, safe, and sanitary condition;
                            (ii) minimizing the involuntary 
                        displacement of tenants;
                            (iii) restructuring the mortgages of such 
                        projects in a manner that is consistent with 
                        local housing market conditions;
                            (iv) supporting fair housing strategies;
                            (v) minimizing any adverse income tax 
                        impact on property owners; and
                            (vi) minimizing any adverse impact on 
                        residential neighborhoods.
        In determining the manner in which a mortgage is to be 
        restructured or the subsidy reduced, the Secretary may balance 
        competing goals relating to individual projects in a manner 
        that will further the purposes of this section.
            (2) Demonstration approaches.--In carrying out the 
        demonstration programs, the Secretary may use one or more of 
        the following approaches:
                    (A) Joint venture arrangements with third parties, 
                under which the Secretary may provide for the 
                assumption by the third parties (by delegation, 
                contract, or otherwise) of some or all of the 
                functions, obligations, and benefits of the Secretary.
                    (B) Subsidization of the debt service of the 
                project to a level that can be paid by an owner 
                receiving an unsubsidized market rent.
                    (C) Renewal of existing project-based assistance 
                contracts where the Secretary shall approve proposed 
                initial rent levels that do not exceed the greater of 
                120 percent of fair market rents or comparable market 
                rents for the relevant metropolitan market area or at 
                rent levels under a budget-based approach.
                    (D) Nonrenewal of expiring existing project-based 
                assistance contracts and providing tenant-based 
                assistance to previously assisted households.
    (b) For purposes of carrying out demonstration programs under 
subsection (a)--
            (1) the Secretary may manage and dispose of multifamily 
        properties owned by the Secretary as of October 1, 1995 and 
        multifamily mortgages held by the Secretary as of October 1, 
        1995 for properties assisted under section 8 with rents above 
        110 percent of fair market rents without regard to any other 
        provision of law; and
            (2) the Secretary may delegate to one or more entities the 
        authority to carry out some or all of the functions and 
        responsibilities of the Secretary in connection with the 
        foreclosure of mortgages held by the Secretary under the 
        National Housing Act.
    (c) For purposes of carrying out demonstration programs under 
subsection (a), subject to such third party consents (if any) as are 
necessary including but not limited to (i) consent by the Government 
National Mortgage Association where it owns a mortgage insured by the 
Secretary; (ii) consent by an issuer under the mortgage-backed 
securities program of the Association, subject to the responsibilities 
of the issuer to its security holders and the Association under such 
program; and (iii) parties to any contractual agreement which the 
Secretary proposes to modify or discontinue, the Secretary or one or 
more third parties designated by the Secretary may take the following 
actions:
            (1) Notwithstanding any other provision of law, the 
        Secretary or third party may remove, relinquish, extinguish, 
        modify, or agree to the removal of any mortgage, regulatory 
        agreement, project-based assistance contract, use agreement, or 
        restriction that had been imposed or required by the Secretary, 
        including restrictions on distributions of income which the 
        Secretary or third party determines would interfere with the 
        ability of the project to operate without above market rents. 
        The Secretary or third party may require an owner of a property 
        assisted under the section 8 new construction/substantial 
        rehabilitation program to apply any accumulated residual 
        receipts toward effecting the purposes of this section.
            (2) Notwithstanding any other provision of law, the 
        Secretary of Housing and Urban Development may enter into 
        contracts to purchase reinsurance, or enter into participations 
        or otherwise transfer economic interest in contracts of 
        insurance or in the premiums paid, or due to be paid, on such 
        insurance to third parties, on such terms and conditions as the 
        Secretary may determine.
            (3) The Secretary may offer project-based assistance with 
        rents at or below fair market rents for the locality in which 
        the project is located and may negotiate such other terms as 
        are acceptable to the Secretary and the project owner.
            (4) If, after reducing rents as provided in subsection (3) 
        hereof, the project would be unable to pay full operating costs 
        (including normal operating expenses, reasonable reserves, full 
        debt service, and reasonable allowances for vacancy losses and 
        debt service coverage/owner return), the Secretary may offer to 
        pay all or a portion of the project's debt service, and shall 
        restrict the portion of debt service, if any, to be paid by the 
        project to the amount consistent with payment of such full 
        operating costs. The Secretary may offer to make such payments 
        monthly from the appropriate Insurance Fund, for the full 
        remaining term of the insured mortgage.
            (5) Notwithstanding any other provision of law, the 
        Secretary may forgive and cancel any FHA-insured mortgage debt 
        that a demonstration program property cannot carry at market 
        rents while bearing full operating costs.
            (6) For demonstration program properties that cannot carry 
        full operating costs (excluding debt service) at market rents, 
        the Secretary shall approve project-based rents sufficient to 
        carry such full operating costs and shall offer to pay the full 
        debt service in the manner provided in paragraph (4).
    (d) Selection.--The Secretary shall select multifamily projects 
whose mortgages are insured that are from different geographic areas of 
the nation, from States and localities of varying sizes, of different 
occupancy profiles by income, race, and age, of different financial and 
physical conditions, and other factors as determined by the Secretary.
    (e) Community and Tenant Input.--In carrying out this section, the 
Secretary shall develop procedures to obtain appropriate and timely 
input from officials of the unit of general local government affected, 
the community in which the project is situated, and the tenant of the 
project.
    (f) Limitation on Demonstration Authority.--The Secretary may carry 
out demonstration programs under this section with respect to mortgages 
not to exceed 30,000 units over fiscal years 1996 and 1997: Provided, 
That not less than fifty percent of the units participating in the 
demonstration shall be in projects that are assisted under section 8 
new construction/substantial rehabilitation contracts which expire 
after September 30, 1997. The demonstration authorized under this 
section shall not be expanded until the reports required under 
subsection (g) are submitted to the Congress.
    (g) Report to Congress.--The Secretary shall submit to the Congress 
every three months after the date of enactment of this Act a report 
describing and assessing the programs carried out under the 
demonstrations. The Secretary shall also submit a final report to the 
Congress not later than six months after the end of the demonstrations. 
The final report shall include findings and recommendations for any 
legislative action appropriate to establish a permanent program based 
on the findings under the demonstrations. The final report shall also 
include a description of the status of each multifamily housing project 
selected for the demonstrations under this section. The final report 
shall include--
            (1) the size of the projects;
            (2) the geographic locations of the projects, by State and 
        region;
            (3) the physical and financial condition of the projects;
            (4) the occupancy profile of the projects, including the 
        income, family size, race, and ethnic origin of current 
        tenants, and the rents paid by such tenants;
            (5) a description of actions undertaken pursuant to this 
        section, including a description of the effectiveness of such 
        actions and any impediments to the transfer or sale of 
        multifamily housing projects;
            (6) a description of the extent to which the demonstrations 
        under this section have displaced tenants of multifamily 
        housings projects;
            (7) a description of any of the functions performed in 
        connection with this section that are transferred or contracted 
        out to public or private entities or to States;
            (8) a description of the impact to which the demonstrations 
        under this section have affected the localities and communities 
        where the selected multifamily housing projects are located; 
        and
            (9) a description of the extent to which the demonstrations 
        under this section have affected the owners of multifamily 
        housing projects.
    (g) Effective Date.--The provisions of this section shall become 
effective on October 1, 1996.
Sec. 214. Section 8 Contract Renewal.
    (a) In General.--Notwithstanding any other provision of law, the 
Secretary shall renew upon expiration each contract for project-based 
assistance under section 8 of the United States Housing Act of 1937 
that expires during fiscal year 1996 in accordance with this 
subsection.
    (b) Contract Term.--Each contract described in subsection (a) may 
be renewed for a term not to exceed 2 years.
    ``(c) Rents and Other Contract Terms.--Except as provided in 
subsections (d) and (e), the Secretary shall offer to renew each 
contract described in subsection (a) (including any contract relating 
to a multifamily project whose mortgage is insured or assisted under 
the new construction and substantial rehabilitation program under 
section 8 of the United States Housing Act of 1937)--
            (1) at a rent equal to the budget-based rent for the 
        project;
            (2) at the current rent, where the current rent does not 
        exceed 120 percent of the fair market rent for the jurisdiction 
        in which the project is located; or
            (3) at the current rent, pending the implementation of 
        guidelines for budget-based rents.
    (d) Loan Management Set-Aside Contracts.--The Secretary shall offer 
to renew each loan management set-aside contract at a rent equal to the 
budget-based rent for the unit, as determined by the Secretary, for a 
period not to exceed 1 year.
    (e) Tenant-Based Assistance Option.--Notwithstanding any other 
provision of law, the Secretary may, with the consent of the owner of a 
project that is subject to a contract described in subsection (a) and 
with notice to and in consultation with the tenants, agree to provide 
tenant-based rental assistance under section 8(b) or 8(o) in lieu of 
renewing a contract to provide project-based rental assistance under 
subsection (a). Subject to advance appropriations, the Secretary may 
offer an owner incentives to convert to tenant-based rental assistance.
    (f) Demonstration Program.--If a contract described in subsection 
(a) is eligible for the demonstration program under section 213, the 
Secretary may make the contract subject to the requirements of section 
213.
    (g) Definitions.--
            (1) Budget-based rent.--For purposes of this section, the 
        term ``budget-based rent'', with respect to a multifamily 
        housing project, means the rent that is established by the 
        Secretary, based on the actual and projected costs of operating 
        the project, at a level that will provide income sufficient, 
        with respect to the project, to support--
                    (A) the debt service of the project;
                    (B) the operating expenses of the project, 
                including--
                            (i) contributions to actual reserves;
                            (ii) the costs of maintenance and necessary 
                        rehabilitation, as determined by the Secretary;
                            (iii) other costs permitted under section 8 
                        of the United States Housing Act of 1937, as 
                        determined by the Secretary;
                    (C) an adequate allowance for potential and 
                reasonable operating losses due to vacancies and 
                failure to collect rents, as determined by the 
                Secretary;
                    (D) an allowance for a rate of return on equity to 
                the owner not to exceed 6 percent;
                    (E) other expenses, as determined to be necessary 
                by the Secretary.
            (2) Basic rental charge for section 236.--A basic rental 
        charge determined or approved by the Secretary for a project 
        receiving interest reduction payments under section 236 of the 
        National Housing Act shall be deemed a budget-based rent within 
        the meaning of this section.
            (3) Secretary.--The term ``Secretary'' refers to the 
        Secretary of Housing and Urban development.

                          Preservation Reform

    Sec. 215. Subtitle B of the Low-Income Housing Preservation and 
Resident Homeownership Act of 1990, is amended as follows:
            (a) After section 201, insert the following new section:

``SEC. 202. APPLICABILITY.

    ``This subtitle shall be applicable to all eligible low-income 
housing which has not received funding for a plan of action before 
October 1, 1995. Eligible projects which have received funding before 
such effective date shall be governed by the Low Income Housing 
Preservation and Resident Homeownership Act of 1990 as was in effect 
before such effective date.''.
            (b) Section 211 is amended to read as follows:

``SEC. 211. PERMISSIBLE PREPAYMENT OR INCENTIVES NOT TO PREPAY.

    ``(a) Prepayment and Termination.--An owner of eligible low income 
housing may prepay, and a mortgagee may accept prepayment, in 
accordance with the terms of the mortgage note, and regulations in 
effect when said note was signed.
    ``(b) Plan of Action.--An owner of eligible housing who does not 
exercise the right to prepay the mortgage may file a plan of action to 
receive incentives to extend low income use pursuant to section 219(b) 
or incentives for transfers to qualified purchasers pursuant to section 
220.''.
            (c) Section 212(a) is amended by striking the words ``as in 
        accordance with section 218''.
            (d) Striking out section 214.
            (e) Section 215 is amended as follows:
                    (1) Subsection (a) is amended to read as follows:
    ``(a) Determination of Relation to Federal Cost Limits.--For each 
eligible low-income housing project appraised under section 213(a), the 
Secretary shall make an initial determination as to whether the 
estimated allowable equity loan pursuant to section 219(b)(8) or the 
estimated allowable grant pursuant to section 220(d)(3)(A) exceeds the 
amount equal to 60 times the most recently published fair market rent 
for the area in which the project is located and the appropriate unit 
size for all of the units in the eligible housing. The initial 
determination shall be used solely for the purpose of providing 
information to owners pursuant to section 216. Actual incentives 
available to an owner (or a qualified purchaser) shall be determined 
pursuant to an approved plan of action; provided however, that the 
Secretary may not approve incentives in an amount exceeding the federal 
cost limits as defined in this section, unless the Secretary determines 
that preservation for the eligible low income housing project is 
appropriate.''.
                    (2) Subsection (b) is amended to read as follows:
    ``(b) Housing Exceeding Federal Cost Limits.--If the estimated 
allowable equity loan or grant for an eligible low income housing 
project exceeds the federal cost limit, the owner may:
            ``(1) file a plan of action under section 217 to receive 
        incentives under section 219;
            ``(2) file a second notice of intent under section 216(d) 
        indicating an intention to transfer the housing under section 
        220 and take actions pursuant to such section;
            ``(3) file a second notice under section 216(d) indicating 
        an intention to transfer the housing under section 220 so long 
        as a qualified purchaser provides non-preservation resources 
        sufficient to accommodate the difference between the incentives 
        approved under the applicable plan of action and the actual 
        purchase price; or
            ``(4) file a second notice of intent under section 216(d) 
        indicating an intention to prepay the mortgage or voluntarily 
        terminate the insurance.''.
            (f) Section 216 is amended as follows:
                    (1) Strike subsection (a).
                    (2) Subsection (b)(2) is amended to read as 
                follows: ``A statement of the required repairs and 
                initial reserve deposits required by the Secretary, 
                based on a capital needs assessment of the property.''.
                    (3) Subsection (b)(4) is amended by striking the 
                phrase, ``aggregate preservation rents'' and inserting 
                in lieu thereof, ``estimated allowable equity loan or 
                grant, as applicable.''.
                    (4) Subsection (d)(1) is amended by deleting the 
                second and third sentences thereof.
            (g) Section 217 is amended as follows:
                    (1) Subsection (a)(1) is amended by--
                            (A) striking out ``terminate the low-income 
                        affordability restrictions through prepayment 
                        of the mortgage or voluntary termination under 
                        section 218, or to'';
                            (B) striking out ``or 221''; and
                            (C) striking the matter following ``section 
                        220(b)''.
                    (2) Subsection (b) is amended by--
                            (A) striking out paragraph (1); and
                            (B) in paragraph (2) striking out ``If the 
                        plan of action proposes to extend the low 
                        income affordability restrictions of the 
                        housing in accordance with section 219 or 
                        transfer the housing to a qualified purchaser 
                        in accordance with section 220, the plan'' and 
                        inserting in lieu thereof, ``The plan of action 
                        shall include--''.
            (f) Strike out section 218.
            (g) Section 219 is amended as follows:
                    (1) Subsection (a) is amended by deleting from 
                ``for each year'' to the end of the subsection and 
                inserting in lieu thereof ``the incentives provided in 
                subsection (b) hereof.''
                    (2) Subsection (b) is amended by--
                            (A) striking out subparagraphs 2 and 3, and 
                        renumbering the remaining subsections;
                            (B) amending paragraph 3 by deleting all 
                        that follows ``improvements'' and inserting in 
                        lieu thereof, ``as provided in paragraph 8 
                        hereof'';
                            (C) amending paragraph 5 to read as 
                        follows: ``Access by the owner to a portion of 
                        preservation equity in the housing as provided 
                        in paragraph (6) hereof.'';
                            (D) by adding a new paragraph (8) as 
                        follows:
            ``(8) A non-interest-bearing direct loan by the Secretary 
        equal in amount to the cost of rehabilitation approved in the 
        plan of action plus 70 percent of the preservation equity.
                    ``(i) Repayment of the loan provided under this 
                paragraph shall commence when the first mortgage loan 
                on the eligible low income housing is paid in full. The 
                Secretary shall require the owner to make payments 
                thereafter in an amount not greater than the amount 
                that the owner had been paying on said first mortgage 
                taking into account any interest reduction payments 
                made pursuant to section 236 of the National Housing 
                Act.
                    (ii) The Secretary shall permit an owner return 
                equal to 8 percent of 30 percent of the preservation 
                equity and shall permit the inclusion thereof in the 
                budget for the eligible housing instead of the return 
                permitted on the original equity of the eligible 
                housing.''; and
                            (E) by adding a new subsection (b)(9) as 
                        follows:
            ``(9) retention of rental income in excess of the basic 
        rental charge in projects assisted under section 236 of the 
        National Housing Act, to be used for the purposes of preserving 
        the low/moderate income character of the eligible low income 
        housing.''.
                    (3) In final unnumbered paragraph, strike out the 
                words ``but the owner shall pay to the Secretary all 
                rental charges in excess of the basic rental charges''.
                            (h) Section 220 is amended as follows:
                    (1) Subsection (a) is amended by deleting the final 
                sentence thereof.
                    (2) Subsection (b)(1) is amended by deleting the 
                first sentence thereof and inserting in lieu thereof 
                the following:
            ``(1) For the 6 month period beginning on the date of 
        receipt by the Secretary of a second notice of intent under 
        section 216(d) with respect to such housing, the owner may 
        offer to sell and/or negotiate a sale of the housing only 
        with--
                    ``(i) a resident council or mutual housing 
                association intending to purchase the project under 
                section 226, which has the support of tenants 
                representing at least 75 percent of the occupied units 
                in the project and at least 50 percent of all of the 
                units in the project.
                    ``(ii) a resident council intending to purchase the 
                project and retain it as rental housing, which has the 
                support of the majority of the tenant households; or
                    ``(iii) a community based nonprofit housing 
                organization, which has the support of the majority of 
                the tenant households.
            ``(2) If no bona fide offer to purchase the project is made 
        and accepted during or at the end of the 6-month period 
        specified in subparagraph (b)(1) of this section, the owner may 
        offer to sell the project during the succeeding 6 months to any 
        priority purchaser.''.
                    (2) Subsections (d)(2) and (d)(3) are amended to 
                read as follows:
    ``(d)(2) Amount.--Subject to the availability of amounts approved 
in appropriations Acts, the Secretary shall, for approvable plans of 
action, provide assistance sufficient to enable qualified purchasers 
to--
            ``(A) acquire the eligible low-income housing from the 
        current owner for a purchase price not greater than the 
        preservation value of the housing. Such purchase price does not 
        include the residual receipts account which shall be released 
        to the owner, but shall include the replacement reserve account 
        which shall be transferred to the purchaser;
            ``(B) rehabilitate the housing;
            ``(C) meet project operating expenses and establish 
        adequate reserves for the housing, and in the case of a 
        Priority Purchaser, meet project oversight costs;
            ``(D) receive a distribution equal to 8 percent annual 
        return on any actual cash investment (from sources other than 
        assistance provided under this title) made to acquire or 
        rehabilitate the project;
            ``(E) in the case of a priority purchaser, receive a 
        reimbursement of all reasonable transaction expenses associated 
        with the acquisition, loan closing, and implementation of an 
        approved plan of action; and
            ``(F) in the case of an approved resident homeownership 
        program, cover the costs of training for the resident council, 
        homeownership counseling and training, the fees for the 
        nonprofit entity or public agency working with the resident 
        council and costs related to relocation of tenants who elect to 
        move.
    ``(d)(3) Incentives.--
            ``(A) In general.--For all qualified purchasers of housing 
        under this subjection, the Secretary may provide assistance for 
        an approved Plan of Action in the form of 1 or more of the 
        incentives authorized under section 219(b), except in lieu of 
        the incentives under section 219(b)(7) and 219(b)(8), the 
        Secretary shall provide a grant equal in amount to 100 percent 
        of the transfer preservation equity determined for the property 
        plus the amount of rehabilitation costs required by the plan of 
        action: Provided, That the grant may include, if the qualified 
        purchaser is a priority purchaser, any expenses associated with 
        the acquisition, loan closing and implementation of the plan of 
        action, subject to approval by the Secretary. Expenses 
        associated with implementation of the plan of action may 
        include capital reserves, operating reserves, and escrows 
        established to mitigate the burden of initial rent increases on 
        tenants. At the purchaser's election, the grant shall be 
        provided in the form of a loan in the same amount. If the 
        purchaser makes such election, the interest rate on the loan 
        shall be no less than the applicable Federal rate and repayment 
        shall be deferred until sale of the housing or refinancing or 
        repayment of the federally-assisted mortgage, whichever is 
        earlier, or such later date as may be required to maintain low-
        income affordability restrictions for the remaining useful life 
        of the housing.''.
            (i) Strike out section 221.
            (j) Section 222 is amended as follows:
                    (1) Strike out subsections (a)(2) (D), (E) and (F) 
                and renumbering the remaining subparagraphs.
                    (2) Amend subsection (a)(2)(G) to read as follows:
                    ``(G) future rent adjustments shall be governed by 
                the provisions of the regulatory agreement concerning 
                rent adjustments now in effect for the eligible low-
                income housing except that priority purchasers shall 
                receive project oversight costs. The Secretary shall 
                process requests for rent adjustments during the 
                pendency of the processing under this title.''.
                    (3) Subsection (d)(2)(A)(i) is amended to read as 
                follows:
                            ``(i) declining to authorize the release of 
                        any escrowed loan proceeds and requiring that 
                        such amounts be used for repairs.''.
                    (4) Subsection (d)(2)(C)(ii) is amended by striking 
                out ``an equity take-out loan has been made under 
                section 241(f) of the National Housing Act'' and 
                inserting in lieu thereof, ``a loan has been insured 
                under the National Housing Act or made pursuant to 
                section 219(b)(8) or 220(d)(3)''.
                    (5) Strike out subsection (d)(2)(C)(iii).
                    (6) Insert a new subsection (e) as follows:
    ``(e) Mixed Income Communities.--To the extent that federal 
assistance is provided for economic feasibility, units available to new 
tenants will be available and affordable to the same proportions of 
very-low income families or persons, low income families or persons, 
and moderate income families or persons (including families or persons 
whose incomes are 95 percent or more of area median income) as of the 
date of approval of the plan of action.''.
            (k) Section 223 is amended as follows:
                    (1) Subsection (a) is amended by--
                            (A) striking out in the first sentence 
                        ``low-income'' and inserting in lieu thereof 
                        ``very low-income''; and
                            (B) striking out ``eligible low income 
                        housing'' and inserting in lieu thereof 
                        ``housing financed under the programs set forth 
                        in section 229(1)(A) of this Act''.
                    (2) Strike out the last sentence of subsection (b), 
                and inserting in lieu thereof ``The Secretary shall pay 
                the relocation expenses of each such low-income 
                family--
                    ``(i) that does not receive section 8 assistance 
                pursuant to subsection (a);
                    ``(ii) that is displaced within 180 days after such 
                prepayment; and
                    ``(iii) whose rent and utility cost immediately 
                prior to displacement exceeded 30 percent of adjusted 
                income. Provided, however, that such relocation payment 
                shall not exceed $1,500 per family.''.
                    (3) Strike out subsections (c), (d) and (e).
            (l) Strike out section 224.
            (m) Section 225(c) is amended by--
                    (1) striking out in the first sentence all that 
                follows ``shall'' and inserting in lieu thereof 
                ``provide the incentives, and, in addition, shall pay 
                the owner of the eligible housing a return equal to 8 
                percent of the preservation equity from the date that 
                the Secretary should have complied with such time 
                limitation''; and
                    (2) striking out, in the last sentence thereof, 
                ``district''.
            (n) Section 226(b)(2) is amended by inserting ``mutual 
        housing association'' between ``limited equity cooperative 
        ownership)'' and ``and fee simple ownership.''
            (o) Section 229 is amended as follows:
                    (1) Paragraph (1)(B) is amended to read as follows:
                    ``(B) that, under regulation or contract in effect 
                before February 5, 1988, would have become eligible for 
                prepayment without prior approval of the Secretary:
                    ``(i) on or before December 31, 1996, and the owner 
                of such housing filed a notice of intent on or before 
                February 28, 1995 under title VI of the Low Income 
                Housing Preservation and Resident Homeownership Act of 
                1990 or under title II of the Emergency Low Income 
                Housing Preservation Act of 1987; or
                    ``(ii) after December 31, 1996, and the owner of 
                such housing files a notice of intent under this title 
                on or before March 1, 1996.''.
                    (2) Paragraph (8) is amended--
                            (A) by deleting in subparagraph (A) the 
                        words ``determining the authorized return under 
                        section 219(b)(6)(ii)''
                            (B) by deleting in subparagraph (B) ``and 
                        221''; and
                            (C) by deleting in subparagraph (B) the 
                        words ``acquisition loans under the provisions 
                        of section 241(f)(3) of the National Housing 
                        Act'' and inserting in lieu thereof, 
                        ``acquisition grant under the provisions of 
                        section 220(d)(2)''.
                    (3) Paragraph (11) is amended by inserting after 
                ``association'': ``(including such an organization or 
                its affiliate that is a general partner in a limited 
                partnership)''.
                    (4) Insert a new definition (12) as follows:
            ``(12) The term `Community Based Non-Profit Organization' 
        is defined as set forth in 24 C.F.R. 248.101, except that a 
        private nonprofit organization shall be deemed to include an 
        organization or its affiliate that is a general partner in a 
        limited partnership.''.
                    (5) Insert a new definition (13) as follows:
            ``(13) Mutual Housing Association. A private entity 
        organized under State law that has been determined to be a tax-
        exempt entity under section 501c of the Internal Revenue Code 
        of 1986 (including such an entity or its affiliate that is a 
        general partner in a limited partnership), and that owns, 
        manages, and continuously develops affordable housing by 
        providing long-term housing for low and moderate income 
        individuals and families. The residents of mutual housing 
        participate in the ongoing management of the housing, and 
        through the purchase of membership interests in the 
        associations have the right to continue residing in the housing 
        as long as they own memberships in the associations.''.
                    (6) Paragraph (1) is amended by inserting new 
                subparagraph (C) after subparagraph (B):
                    ``(C) that has been determined to have preservation 
                equity equivalent to the lesser of $5,000/unit or 
                $500,000 per project or the equivalent of 8 times the 
                most recently published fair market rent for the area 
                in which the project is located and the appropriate 
                unit size for all of the units in the eligible 
                project.''.
            (p) Section 231(a) is amended by inserting before the 
        period the following: ``; and (C) any resident council, 
        community-based non-profit organization, mutual housing 
        association, or their affiliate that acts as a general partner 
        in a limited partnership and agrees to maintain low-income 
        affordability restrictions for the remaining useful life of the 
        housing as determined under section 222(c).''.
            (q) Section 232(a)(2) is amended to read as follows:
            ``(2) restricts or inhibits an owner of such housing from 
        receiving any benefit provided under this Act;''.
            (r) Inserting after section 235, the following new section:

``SEC. 236. IMPLEMENTING PROVISIONS FOR CAPITAL LOANS AND GRANTS.

    ``(a) Self-Implementation.--The Secretary shall implement the 
incentives of capital loans or grants pursuant to section 219(b)(8) or 
220(d)(2) upon the enactment of an appropriations Act for fiscal year 
1996 providing funds for this purpose without issuing regulations and 
the processing of an eligible project and any approvals rendered by the 
Secretary under title VI of the Low Income Housing Preservation and 
Resident Homeownership Act of 1990 or title II of the Emergency Low 
Income Housing Preservation Act of 1987 shall be effective under this 
title and the Secretary shall not repeat any such processing.
    ``(b) Payment of Equity Loan.--The Secretary shall fund the loan 
pursuant to section 219(b)(6) within 180 days after the approval of the 
plan of action, but shall pay an 8 percent return on preservation 
equity from 60 days after approval of the plan of action. The Secretary 
may provide funding for the capital loan provided under section 
219(b)(8) equally over a five-year period, except that the 
rehabilitation portion of the loan shall be funded in the first 
installment. The Secretary shall pay the owner of the eligible housing 
interest on the unpaid portion of the loan at the applicable federal 
rate at the time that the plan of action is approved. If the Secretary 
fails to make the second or subsequent installment payments on said 
loan within 60 days of its due date, the owner may prepay the mortgage 
pursuant to section 211 and retain the amount of any installment 
previously paid.
    ``(c) Payment of Grant or Loan.--The Secretary shall provide full 
funding for the capital grant or loan as provided under section 
220(d)(3) within 180 days of approval of the plan of action. If the 
Secretary fails to make such payment, the owner may prepay the existing 
mortgage pursuant to section 224.
    ``(d) ELIHPA Eligibility.--An owner of eligible housing who is 
processing an application under title II of the Emergency Low Income 
Housing Preservation Act of 1987 on the effective date of this title 
may apply for the incentives provided in this title or exercise its 
right of prepayment pursuant to section 211.''.
    (s) Effective Date.--The provisions of this section shall become 
effective on October 1, 1996.
    Sec. 216. Extension of Home Equity Conversion Mortgage Program.--
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''.
    Sec. 217. Assessment Collection Dates for Office of Federal Housing 
Enterprise Oversight.--Section 1316(b) of the Housing and Community 
Development Act of 1992 (12 U.S.C. 4516(b)) is amended by striking 
paragraph (2) and inserting the following new paragraph:
            ``(2) Timing of payment.--The annual assessment shall be 
        payable semiannually for each fiscal year, on October 1st and 
        April 1st.''.
    Sec. 218. During fiscal year 1996, notwithstanding any other 
provision of law, the number of individuals employed by the Department 
of Housing and Urban Development in other than ``career appointee'' 
positions in the Senior Executive Service shall not exceed 20.
    Sec. 219. Of the $93,400,000 earmarked in Public Law 101-144 (103 
Stat 850), as amended by Public Law 101-302 (104 Stat 237), for special 
projects and purposes, any amounts remaining of the $500,000 made 
available to Bethlehem House in Highland, California, for site planning 
and land acquisition shall instead be made available to the County of 
San Bernardino in California to assist with the expansion of the Los 
Padrinos Gang Intervention Program and the Unity Home Domestic Violence 
Shelter.
    Sec. 220. Permissible Adjustment to Modernization Formula.--Section 
14(k) of the United States Housing Act of 1937 is amended--
            (1) in paragraph (2)(B)--
                    (A) by striking ``The Secretary'' and inserting 
                ``Except as otherwise provided in this subparagraph, 
                the Secretary''; and
                    (B) by inserting after the first sentence the 
                following: ``The Secretary may adjust the amount 
                allocated under this subparagraph as necessary to 
                provide additional weight for backlog needs.'';
            (2) in paragraph (2)(C), by striking ``other half'' and 
        inserting ``remainder''; and
            (3) in paragraph (8)--
                    (A) by striking ``half'' the first time it appears 
                and inserting ``half, or such other amount as the 
                Secretary determines to be necessary pursuant to 
                paragraph (2)(B),''; and
                    (B) by striking ``half'' the second time it 
                appears, and inserting ``the remainder''.
    Sec. 221. (a) Section 1011 of Title X--Residential Lead-Based Paint 
Hazard Reduction Act of 1992 is amended as follows: Strike ``priority 
housing'' wherever it appears in said section and insert ``housing''.
    (b) Section 1011(a) shall be amended as follows: At the end of the 
subsection after the period, insert ``Grants shall only be made under 
this section to provide assistance for housing which meets the 
following criteria--
            ``(1) for grants made to assist rental housing, at least 50 
        percent of the units must be occupied by or made available to 
        families with incomes at or below 50 percent of the area median 
        income level and the remaining units shall be occupied or made 
        available to families with incomes at or below 80 percent of 
        the area median income level, and in all cases the landlord 
        shall give priority in renting units assisted under this 
        section, for not less than 3 years following the completion of 
        lead abatement activities, to families with a child under the 
        age of six years--
                    ``(A) except that buildings with five or more units 
                may have 20 percent of the units occupied by families 
                with incomes above 80 percent of area median income 
                level;
            ``(2) for grants made to assist housing owned by owner-
        occupants, all units assisted with grants under this section 
        shall be the principal residence of families with incomes at or 
        below 80 percent of the area median income level, and not less 
        than 90 percent of the units assisted with grants under this 
        section shall be occupied by a child under age of six years or 
        shall be units where a child under the age of six years spends 
        a significant amount of time visiting; and
            ``(3) notwithstanding paragraphs (1) and (2), Round II 
        grantees who receive assistance under this section may use such 
        assistance for priority housing.''.
    Sec. 222. Extension Period for Sharing Utility Cost Savings With 
PHAS.--Section 9(a)(3)(B)(i) is amended by striking ``for a period not 
to exceed 6 years''.
    Sec. 223. The first sentence of section 221(g)(4)(C)(viii) of the 
National Housing Act is amended by striking ``September 30, 1995'' and 
inserting in lieu thereof ``September 30, 1996''.

(59)Page 50, after line 2 insert:
    Sec. 224. None of the funds provided in this Act may be used during 
fiscal year 1996 to investigate or prosecute under the Fair Housing Act 
(42 U.S.C. 3601, et seq.) any otherwise lawful activity engaged in by 
one or more persons, including the filing or maintaining of non-
frivolous legal action, that is engaged in solely for the purposes of 
achieving or preventing action by a Government official, entity, or 
court of competent jurisdiction.

(60)Page 50, after line 2 insert:
    Sec. 225. None of the funds provided in this Act may be used to 
take any enforcement action with respect to a complaint of 
discrimination under the Fair Housing Act (42 U.S.C. 3601, et seq.) on 
the basis of familial status and which involves an occupancy standard 
established by the housing provider except to the extent that it is 
found that there has been discrimination in contravention of the 
standards provided in the March 20, 1991 Memorandum from the General 
Counsel of the Department of Housing and Urban Development to all 
Regional Counsel or until such time that HUD issues a final rule in 
accordance with section 553 of title 5, United States Code.

(61)Page 50, after line 2 insert:
    Sec. 226. CDBG Eligible Activities.
    Section 105(a) of the Housing and Community Development Act of 1974 
(42 U.S.C. 5305(a)) is amended--
            (1) in paragraph (4)--
                    (A) by inserting ``reconstruction,'' after 
                ``removal,''; and
                    (B) by striking ``acquisition for rehabilitation, 
                and rehabilitation'' and inserting ``acquisition for 
                reconstruction or rehabilitation, and reconstruction or 
                rehabilitation'';
            (2) in paragraph (13), by striking ``and'' at the end;
            (3) by striking paragraph (19);
            (4) in paragraph (24), by striking ``and'' at the end;
            (5) in paragraph (25), by striking the period at the end 
        and inserting ``; and'';
            (6) by redesignating paragraphs (20) through (25) as 
        paragraphs (19) through (24), respectively; and
            (7) by redesignating paragraph (21) (as added by section 
        1012(f)(3) of the Housing and Community Development Act of 
        1992) as paragraph (25).

(62)Page 50, after line 2 insert:
    Sec. 227. Report on Impact of Community Development Funds on Plan 
Relocations and Job Dislocation.
    Not later than October 1, 1996, the Secretary of the Department of 
Housing and Urban Development shall submit to the appropriate 
Committees of the Congress a report on--
            (1) the extent to which funds provided under section 106 
        (Community Development Block Grants), section 107 (Special 
        Purpose Grants), and Section 108(q) (Economic Development 
        Grants) of the Housing and Community Development Act of 1974, 
        have been directly used to facilitate the closing of an 
        industrial or commercial plant or the substantial reduction of 
        operations of a plant and result in the relocation or expansion 
        of a plant from one State to another;
            (2) the extent to which the availability of such funds has 
        been a substantial factor in the decision to relocate a plant 
        from one State to another;
            (3) an analysis of the extent to which provisions in other 
        laws prohibiting the use of Federal funds to facilitate the 
        closing of an industrial or commercial plant or the substantial 
        reduction in the operations of such plant and the relocation or 
        expansion of a plant have been effective; and
            (4) recommendations as to how Federal programs can be 
        designed to prevent the use of Federal funds to directly 
        facilitate the transfer of jobs from one State to another.

(63)Page 51, strike out all after line 20, over to and including line 3 
on page 52 and insert:
    For necessary expenses for the Corporation for National and 
Community Service in carrying out the orderly terminations of programs, 
activities, and initiatives under the National and Community Service 
Act of 1990, as amended (Public Law 103-82), $6,000,000: Provided, That 
such amount shall be utilized to resolve all responsibilities and 
obligations in connection with said Corporation and the Corporation's 
Office of Inspector General.

(64)Page 52, line 21, strike out [$11,296,000] and insert: $11,946,000

(65)Page 53, strike out lines 2 through 9 and insert:

                         science and technology

    For science and technology, including research and development 
activities; necessary expenses for personnel and related costs and 
travel expenses, including uniforms, or allowances therefore, as 
authorized by 5 U.S.C. 5901-5902; services as authorized by 5 U.S.C. 
3109, but at rates for individuals not to exceed the per diem rate 
equivalent to the rate for GS-18; procurement of laboratory equipment 
and supplies; other operating expenses in support of research and 
development; construction, alteration, repair, rehabilitation and 
renovation of facilities, not to exceed $75,000 per project; 
$500,000,000, which shall remain available until September 30, 1997.

(66)Page 53, strike out all after line 9, over to and including line 7 
on page 60 and insert:

                 program administration and management

    For program administration and management activities, including 
necessary expenses for personnel and related costs and travel expenses, 
including uniforms, or allowances therefore, as authorized by 5 U.S.C. 
5901-5902; services as authorized by 5 U.S.C. 3109, but at rates for 
individuals not to exceed the per diem rate equivalent to the rate for 
GS-18; hire of passenger motor vehicles; hire, maintenance, and 
operation of aircraft; purchase of reprints; library memberships in 
societies or associations which issue publications to members only or 
at a price to members lower than to subscribers who are not members; 
construction, alteration, repair, rehabilitation, and renovation of 
facilities, not to exceed $75,000 per project; and not to exceed $6,000 
for official reception and representation expenses; $1,670,000,000, 
which shall remain available until September 30, 1997.

(67)Page 60, after line 8 insert:

                     (including transfer of funds)

(68)Page 60, line 13, strike out [$28,542,000] and insert: $27,700,000

(69)Page 60, line 18, strike out [$28,820,000] and insert: $60,000,000

(70)Page 61, line 2, strike out [to be derived from general revenues] 
and insert: consisting of $753,400,000 as authorized by section 517(a) 
of the Superfund Amendments and Reauthorization Act of 1986 (SARA), as 
amended by Public Law 101-508, and $250,000,000 as a payment from 
general revenues to the Hazardous Substance Superfund as authorized by 
section 517(b) of SARA, as amended by Public Law 101-508

(71)Page 61, line 6, strike out [$5,000,000] and insert: $11,700,000

(72)Page 61, line 11, strike out [$62,000,000] and insert: $55,000,000

(73)Page 61, line 21, strike out all after ``1996'' down to and 
including ``reauthorized'' in line 25

(74)Page 61, line 25, after ``reauthorized'' insert: : Provided 
further, That none of the funds made available under this heading may 
be used by the Environmental Protection Agency to propose for listing 
or to list any additional facilities on the National Priorities List 
established by section 105 of the Comprehensive Environmental Response, 
Compensation and Liability Act (CERCLA), as amended (42 U.S.C. 9605), 
unless the Administrator receives a written request to propose for 
listing or to list a facility from the Governor of the State in which 
the facility is located, or appropriate tribal leader, or unless 
legislation to reauthorize CERCLA is enacted

(75)Page 61, line 25, after ``reauthorized'' insert: : Provided 
further, That the Administrator shall continue funding the Brownfields 
Economic Redevelopment Initiative from available funds at a level 
necessary to complete the award of 50 cumulative Brownfields Pilots 
planned for award by the end of fiscal year 1996 and carry out other 
elements of the Brownfields Action Agenda in order to facilitate 
economic redevelopment at Brownfields sites

(76)Page 62, line 9, strike out [$5,285,000] and insert: $8,000,000

(77)Page 62, line 11, strike out [$426,000] and insert: $600,000

(78)Page 62, line 18, strike out [$20,000,000] and insert: $15,000,000

(79)Page 62, line 20, strike out [$8,420,000] and insert: $8,000,000

(80)Page 62, strike out all after line 22, over to and including line 2 
on page 65 and insert:

                 program and infrastructure assistance

    For environmental programs and infrastructure assistance, including 
capitalization grants for state revolving funds and performance 
partnership grants, $2,340,000,000, to remain available until expended, 
of which $1,500,000,000 shall be for making capitalization grants for 
State revolving funds to support water infrastructure financing; 
$100,000,000 for architectural, engineering, design, construction and 
related activities in connection with the construction of high priority 
water and wastewater facilities in the area of the United States-Mexico 
Border, after consultation with the appropriate border commission; 
$50,000,000 for grants to the State of Texas, which shall be matched by 
an equal amount of State funds from State resources, for the purpose of 
improving wastewater treatment for colonias; and $15,000,000 for grants 
to the State of Alaska, subject to an appropriate cost share as 
determined by the Administrator, to address wastewater infrastructure 
needs of Alaska Native villages: Provided, That beginning in fiscal 
year 1996 and each fiscal year thereafter, and notwithstanding any 
other provision of law, the Administrator is authorized to make grants 
annually from funds appropriated under this heading, subject to such 
terms and conditions as the Administrator shall establish, to any State 
or federally recognized Indian tribe for multimedia or single media 
pollution prevention, control and abatement and related environmental 
activities at the request of the Governor or other appropriate State 
official or the tribe: Provided further, That from funds appropriated 
under this heading, the Administrator may make grants to federally 
recognized Indian governments for the development of multimedia 
environmental programs: Provided further, That of the $1,500,000,000 
for capitalization grants for State revolving funds to support water 
infrastructure financing, $500,000,000 shall be for drinking water 
State revolving funds, but if no drinking water State revolving fund 
legislation is enacted by April 30, 1996, these funds shall immediately 
be available for making capitalization grants under title VI of the 
Federal Water Pollution Control Act, as amended: Provided further, That 
of the funds made available under this heading in Public Law 103-327 
and in Public Law 103-124 for capitalization grants for State revolving 
funds to support water infrastructure financing, $225,000,000 shall be 
made available for capitalization grants for State revolving funds 
under title VI of the Federal Water Pollution Control Act, as amended, 
if no drinking water State revolving fund legislation is enacted by 
April 30, 1996: Provided further, That of the funds appropriated in the 
Construction Grants and Water Infrastructure/State Revolving Funds 
accounts since the appropriation for the fiscal year ending September 
30, 1992, and hereafter, for making grants for wastewater treatment 
works construction projects, portions may be provided by the recipients 
to States for managing construction grant activities, on condition that 
the States agree to reimburse the recipients from State funding 
sources.

(81)Page 65, after line 2 insert:

                       administrative provisions

SEC. 301. MORATORIUM ON CERTAIN EMISSIONS TESTING REQUIREMENTS.

    (a) Moratorium.--
            (1) In general.--The Administrator of the Environmental 
        Protection Agency (referred to in this subsection as the 
        ``Administrator'') shall not require adoption or implementation 
        by a State of a test-only or I/M240 enhanced vehicle inspection 
        and maintenance program as a means of compliance with section 
        182 of the Clean Air Act (42 U.S.C. 7511a), but the 
        Administrator may approve such a program if a State chooses to 
        adopt the program as a means of compliance.
            (2) Repeal.--Paragraph (1) is repealed effective as of the 
        date that is 1 year after the date of enactment of this Act.
    (b) Plan Approval.--
            (1) In general.--The Administrator of the Environmental 
        Protection Agency (referred to in this subsection as the 
        ``Administrator'') shall not disapprove a State implementation 
        plan revision under section 182 of the Clean Air Act (42 U.S.C. 
        7511a) on the basis of a regulation providing for a 50-percent 
        discount for alternative test-and-repair inspection and 
        maintenance programs.
            (2) Credit.--If a State provides data for a proposed 
        inspection and maintenance system for which credits are 
        appropriate under section 182 of the Clean Air Act (42 U.S.C. 
        7511a), the Administrator shall allow the full amount of credit 
        for the system that is appropriate without regard to any 
        regulation that implements that section by requiring 
        centralized emissions testing.
            (3) Deadline.--The Administrator shall complete and present 
        a technical assessment of data for a proposed inspection and 
        maintenance system submitted by a State not later than 45 days 
        after the date of submission.

(82)Page 65, after line 2 insert:
    Sec. 302. None of the funds made available in this Act may be used 
by the Environmental Protection Agency to impose or enforce any 
requirement that a State implement trip reduction measures to reduce 
vehicular emissions. Section 304 of the Clean Air Act (42 U.S.C. 7604) 
shall not apply with respect to any such requirement during the period 
beginning on the date of the enactment of this Act and ending September 
30, 1996.

(83)Page 65, after line 2 insert:
    Sec. 303. None of the funds provided in this Act may be used within 
the Environmental Protection Agency for any final action by the 
Administrator or her delegate for signing and publishing for 
promulgation a rule concerning any new standard for arsenic (for its 
carcinogenic effects), sulfates, radon, ground water disinfection, or 
the contaminants in phase VI B in drinking water, unless the Safe 
Drinking Water Act of 1986 has been reauthorized.

(84)Page 65, after line 2 insert:
    Sec. 304. None of the funds provided in this Act may be used during 
fiscal year 1996 to sign, promulgate, implement or enforce the 
requirement proposed as ``Regulation of Fuels and Fuel Additives: 
Individual Foreign Refinery Baseline Requirements for Reformulated 
Gasoline'' at volume 59 of the Federal Register at pages 22800 through 
22814.

(85)Page 65, after line 2 insert:
    Sec. 305. None of the funds appropriated to the Environmental 
Protection Agency for fiscal year 1996 may be used to implement section 
404(c) of the Federal Water Pollution Control Act, as amended. No 
pending action by the Environmental Protection Agency to implement 
section 404(c) with respect to an individual permit shall remain in 
effect after the date of enactment of this Act.

(86)Page 65, after line 2 insert:
    Sec. 306. Notwithstanding any other provision of law, for this 
fiscal year and hereafter, an industrial discharger that is a 
pharmaceutical manufacturing facility and discharged to the Kalamazoo 
Water Reclamation Plant (an advanced wastewater treatment plant with 
activated carbon) prior to the date of enactment of this Act may be 
exempted from categorical pretreatment standards under section 307(b) 
of the Federal Water Pollution Control Act, as amended, if the 
following conditions are met: (1) the owner or operator of the 
Kalamazoo Water Reclamation Plant applies to the State of Michigan for 
an exemption for such industrial discharger, (2) the State or 
Administrator, as applicable, approves such exemption request based 
upon a determination that the Kalamazoo Water Reclamation Plant will 
provide treatment and pollution removal consistent with or better than 
treatment and pollution removal requirements set forth by the 
Environmental Protection Agency, the State determines that the total 
removal of each pollutant released into the environment will not be 
lesser than the total removal of such pollutants that would occur in 
the absence of the exemption, and (3) compliance with paragraph (2) is 
addressed by the provisions and conditions of a permit issued to the 
Kalamazoo Water Reclamation Plant under section 402 of such Act, and 
there exists an operative financial contract between the City of 
Kalamazoo and the industrial user and an approved local pretreatment 
program, including a joint monitoring program and local controls to 
prevent against interference and pass through.

(87)Page 65, after line 2 insert:
    Sec. 307. No funds appropriated by this Act may be used during 
fiscal year 1996 to enforce the requirements of section 211(m)(2) of 
the Clean Air Act that require fuel refiners, marketers, or persons who 
sell or dispense fuel to ultimate consumers in any carbon monoxide 
nonattainment area in Alaska to use methyl tertiary butyl ether (MTBE) 
to meet the oxygen requirements of that section.

(88)Page 65, after line 2 insert:
    Sec. 308. None of the funds appropriated under this Act may be used 
to implement the requirements of section 186(b)(2), section 187(b) or 
section 211(m) of the Clean Air Act (42 U.S.C. 7512(b)(2), 7512a(b), or 
7545(m)) with respect to any moderate nonattainment area in which the 
average daily winter temperature is below 0 degrees Fahrenheit. The 
preceding sentence shall not be interpreted to preclude assistance from 
the Environmental Protection Agency to the State of Alaska to make 
progress toward meeting the carbon monoxide standard in such areas and 
to resolve remaining issues regarding the use of oxygenated fuels in 
such areas.

(89)Page 65, after line 2 insert:
    Sec. 309. Energy Efficiency and Energy Supply Programs.
    (a) Priority for Small Businesses.--During fiscal year 1996 the 
Administrator of the Environmental Protection Agency shall give 
priority in providing assistance in its Energy Efficiency and Energy 
Supply programs to organizations that are recognized as small business 
concerns under section 3(a) of the Small Business Act (15 U.S.C. 
632(a)).
    (b) Study.--The Administrator shall perform a study to determine 
the feasibility of establishing fees to recover all reasonable costs 
incurred by EPA for assistance rendered businesses in its Energy 
Efficiency and Energy Supply program. The study shall include, among 
other things, an evaluation of making the Energy Efficiency and Energy 
Supply Program self-sustaining, the value of the assistance rendered to 
businesses, providing exemptions for small businesses, and making the 
fees payable directly to a fund that would be available for use by EPA 
as needed for this program. The Administrator shall report to Congress 
by March 15, 1996 on the results of this study and EPA's plan for 
implementation.
    (c) Funding.--For fiscal year 1996, up to $100,000,000 of the funds 
appropriated to the Environmental Protection Agency may be used by the 
Administrator to support global participation in the Montreal Protocol 
facilitation fund and for the climate change action plan programs 
including the green programs.

(90)Page 65, after line 2 insert:
    Sec. 310. The Administrator of the Environmental Protection Agency 
shall not, under authority of section 6 of the Toxic Substances Control 
Act (15 U.S.C. 2605), take final action on the proposed rule dated 
February 28, 1994 (59 Fed. Reg. 11122 (March 9, 1994)) to prohibit or 
otherwise restrict the manufacturing, processing, distributing, or use 
of any fishing sinkers or lures containing lead, zinc, or brass unless 
the Administrator finds that the risk to waterfowl cannot be addressed 
through alternative means in which case, the rule making may proceed 
180 days after Congress is notified of the finding.

(91)Page 65, after line 2 insert:
    Sec. 311. Not later than 90 days after the date of enactment of 
this Act, the Administrator of the Environmental Protection Agency 
(EPA) shall enter into an arrangement with the National Academy of 
Sciences to investigate and report on the scientific bases for the 
public recommendations of the EPA with respect to indoor radon and 
other naturally occurring radioactive materials (NORM). The National 
Academy shall examine EPA's guidelines in light of the recommendations 
of the National Council on Radiation Protection and Measurements, and 
other peer-reviewed research by the National Cancer Institute, the 
Centers for Disease Control, and others, on radon and NORM. The 
National Academy shall summarize the principal areas of agreement and 
disagreement among the above, and shall evaluate the scientific and 
technical basis for any differences that exist. Not later than 18 
months after the date of enactment of this Act, the Administrator shall 
submit to Congress the report of the National Academy and a statement 
of the Administrator's views on the need to revise guidelines for radon 
and NORM in response to the evaluation of the National Academy. Such 
statement shall explain and differentiate the technical and policy 
bases for such views.

(92)Page 65, after line 2 insert:
    Sec. 312. EPA Research and Development Activities and Staffing.
    (a) Star Program.--The Administrator of the Environmental 
Protection Agency may not use any funds made available under this Act 
to implement the Science to Achieve Results (STAR) program unless--
            (1) the use of the funds would not reduce any funding 
        available to the laboratories of the Agency for staffing, 
        cooperative agreements, grants, or support contracts; or
            (2) the Appropriations committees of the Senate and House 
        of Representatives grant prior approval. Transfers of funds to 
        support STAR activities shall be considered a reprogramming of 
        funds. Further, said approval shall be contingent upon 
        submission of a report to the Committees as specified in 
        section (c)(2) below.
    (b) Contractor Conversion.--The Administrator of the Environmental 
Protection Agency may not use any funds to--
            (1) hire employees and create any new staff positions under 
        the contractor conversion program in the Office of Research and 
        Development.
    (c) Report.--Not later than January 1, 1996, the Administrator 
shall submit to the Appropriations Committees of the Senate and House 
of Representatives a report which--
            (1) provides a staffing plan for the Office of Research and 
        Development indicating the use of Federal and contract 
        employees;
            (2) identifies the amount of funds to be reprogrammed to 
        STAR activities; and
            (3) provides a listing of any resource reductions below 
        fiscal year 1995 funding levels, by specific laboratory, from 
        Federal staffing, cooperative agreements, grants, or support 
        contracts as a result of funding for the STAR program.

(93)Page 65, strike out all after line 17, down to and including ``by'' 
in line 19 and insert:
    For necessary expenses to continue functions assigned to the 
Council on Environmental Quality and Office of Environmental Quality 
pursuant to

(94)Page 65, strike out all after line 23, over to and including line 2 
on page 66

(95)Page 67, line 3, strike out [$162,000,000] and insert: $168,900,000

(96)Page 67, line 7, strike out [$4,400,000] and insert: $4,673,000

(97)Page 67, line 17, strike out all after ``seq.),'' down to and 
including ``seq.),'' in line 19

(98)Page 67, line 25, strike out [$100,000,000] and insert: 
$114,173,000

(99)Page 68, line 20, strike out all after ``Appropriations'' over to 
and including ``Channel'' in line 3 on page 69

(100)Page 70, line 11, strike out [$2,502,000] and insert: $2,602,000

(101)Page 70, strike out all after line 15, over to and including line 
7 on page 71

(102)Page 71, line 20, strike out [$5,449,600,000] and insert: 
$5,337,600,000

(103)Page 71, line 21, strike out all after ``1997'' over to and 
including ``1997'' in line 2 on page 72

(104)Page 72, line 14, strike out [$5,588,000,000] and insert: 
$5,960,700,000

(105)Page 73, line 9, strike out [$2,618,200,000] and insert: 
$2,484,200,000

(106)Page 74, strike out all after line 17, over to and including line 
8 on page 75

(107)Page 76, line 6, after ``facility'' insert: : 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

(108)Page 76, strike out all after line 14, over to and including line 
3 on page 77

(109)Page 77, after line 3 insert:
    Of the funds made available by this Act under the heading ``Human 
Space Flight'', $390,000,000 of funds provided for Space Station shall 
not become available for obligation until August 1, 1996 and shall 
remain available for obligation until September 30, 1997.

(110)Page 77, line 21, strike out [$2,254,000,000] and insert: 
$2,294,000,000

(111)Page 81, after line 11 insert:

                         DEPARTMENT OF JUSTICE

                   Fair Housing and Equal Opportunity

                        fair housing activities

    For contracts, grants, and other assistance, not otherwise provided 
for, as authorized by title VIII of the Civil Rights Act of 1968, as 
amended by the Fair Housing Amendments Act of 1988, and for contracts 
with qualified fair housing enforcement organizations, as authorized by 
section 561 of the Housing and Community Development Act of 1987, as 
amended by the Housing and Community Development Act of 1992, 
$30,000,000, to remain available until September 30, 1997.
    All functions, activities and responsibilities of the Secretary of 
Housing and Urban Development relating to title VIII of the Civil 
Rights Act of 1968, as amended by the Fair Housing Amendments Act of 
1988, and the Fair Housing Act, including any rights guaranteed under 
the Fair Housing Act (including any functions relating to the Fair 
Housing Initiatives program under section 561 of the Housing and 
Community Development Act of 1987), are hereby transferred to the 
Attorney General of the United States effective April 1, 1997: 
Provided, That none of the aforementioned authority or responsibility 
for enforcement of the Fair Housing Act shall be transferred to the 
Attorney General until adequate personnel and resources allocated to 
such activity at the Department of Housing and Urban Development are 
transferred to the Department of Justice.

(112)Page 81, after line 11 insert:

                       DEPARTMENT OF THE TREASURY

             Office of Federal Housing Enterprise Oversight

    For carrying out the Federal Housing Enterprise Financial Safety 
and Soundness Act of 1992, $14,895,000, to remain available until 
expended, for the Federal Housing Enterprise Oversight Fund: Provided, 
That such funds shall be collected as authorized by sections 1316(a) 
and (b) of such Act, and deposited in the Fund under section 1316(f) of 
such Act: Provided further, That notwithstanding any other provision of 
law, the Secretary of the Treasury shall have all powers and rights of 
the Director and the Fund shall be within the Department of the 
Treasury.

(113)Page 82, line 16, strike out [Section] and insert: Sec.

(114)Page 89, strike out lines 6 through 14

(115)Page 89, after line 14 insert:
    Sec. 520. Such funds as may be necessary to carry out the orderly 
termination of the Office of Consumer Affairs shall be made available 
from funds appropriated to the Department of Health and Human Services 
for fiscal year 1996.

(116)Page 89, after line 14 insert:
    Sec. 521. Energy Savings at Federal Facilities.
    (a) Reduction in Facilities Energy Costs.--
            (1) In general.--The head of each agency for which funds 
        are made available under this Act shall--
                    (A) take all actions necessary to achieve during 
                fiscal year 1996 a 5 percent reduction, from fiscal 
                year 1995 levels, in the energy costs of the facilities 
                used by the agency; or
                    (B) enter into a sufficient number of energy 
                savings performance contracts with private sector 
                energy service companies under title VIII of the 
                National Energy Conservation Policy Act (42 U.S.C. 8287 
                et seq.) to achieve during fiscal year 1996 at least a 
                5 percent reduction, from fiscal year 1995 levels, in 
                the energy use of the facilities used by the agency.
            (2) Goal.--The activities described in paragraph (1) should 
        be a key component of agency programs that will by the year 
        2000 result in a 20 percent reduction, from fiscal year 1985 
        levels, in the energy use of the facilities used by the agency, 
        as required by section 543 of the National Energy Conservation 
        Policy Act (42 U.S.C. 8253).
    (b) Use of Cost Savings.--An amount equal to the amount of cost 
savings realized by an agency under subsection (a) shall remain 
available for obligation through the end of fiscal year 2000, without 
further authorization or appropriation, as follows:
            (1) Conservation measures.--Fifty percent of the amount 
        shall remain available for the implementation of additional 
        energy conservation measures and for water conservation 
        measures at such facilities used by the agency as are 
        designated by the head of the agency.
            (2) Other purposes.--Fifty percent of the amount shall 
        remain available for use by the agency for such purposes as are 
        designated by the head of the agency, consistent with 
        applicable law.
    (c) Reports.--
            (1) By agency heads.--The head of each agency for which 
        funds are made available under this Act shall include in each 
        report of the agency to the Secretary of Energy under section 
        548(a) of the National Energy Conservation Policy Act (42 
        U.S.C. 8258(a)) a description of the results of the activities 
        carried out under subsection (a) and recommendations concerning 
        how to further reduce energy costs and energy consumption in 
        the future.
            (2) By secretary of energy.--The reports required under 
        paragraph (1) shall be included in the annual reports required 
        to be submitted to Congress by the Secretary of Energy under 
        section 548(b) of the Act (42 U.S.C. 8258(b)).
            (3) Contents.--With respect to the period since the date of 
        the preceding report, a report under paragraph (1) or (2) 
        shall--
                    (A) specify the total energy costs of the 
                facilities used by the agency;
                    (B) identify the reductions achieved;
                    (C) specify the actions that resulted in the 
                reductions;
                    (D) with respect to the procurement procedures of 
                the agency, specify what actions have been taken to--
                            (i) implement the procurement authorities 
                        provided by subsections (a) and (c) of section 
                        546 of the National Energy Conservation Policy 
                        Act (42 U.S.C. 8256); and
                            (ii) incorporate directly, or by reference, 
                        the requirements of the regulations issued by 
                        the Secretary of Energy under title VIII of the 
                        Act (42 U.S.C. 8287 et seq.); and
                    (E) specify--
                            (i) the actions taken by the agency to 
                        achieve the goal specified in subsection 
                        (a)(2);
                            (ii) the procurement procedures and methods 
                        used by the agency under section 546(a)(2) of 
                        the Act (42 U.S.C. 8256(a)(2)); and
                            (iii) the number of energy savings 
                        performance contracts entered into by the 
                        agency under title VIII of the Act (42 U.S.C. 
                        8287 et seq.).

            Attest:

                                                             Secretary.
104th CONGRESS

  1st Session

                               H. R. 2099

_______________________________________________________________________

                               AMENDMENTS

HR 2099 EAS----2
HR 2099 EAS----3
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HR 2099 EAS----5
HR 2099 EAS----6
HR 2099 EAS----7
HR 2099 EAS----8
HR 2099 EAS----9
HR 2099 EAS----10