[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2880 Considered and Passed House (CPH)]
2d Session
H.R. 2880
Making appropriations for fiscal year 1996 to make a downpayment toward
a balanced budget, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 25, 1996
Mr. Livingston introduced the following bill; which was referred to the
Committee on Appropriations
January 25, 1996
The Committee on Appropriations discharged; considered and passed
_______________________________________________________________________
A BILL
Making appropriations for fiscal year 1996 to make a downpayment toward
a balanced budget, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the following sums
are hereby appropriated, out of any money in the Treasury not otherwise
appropriated, and out of applicable corporate or other revenues,
receipts, and funds, for the several departments, agencies,
corporations, and other organizational units of Government for the
fiscal year 1996, and for other purposes, namely:
TITLE I
Sec. 101. (a) Such amounts as may be necessary under the authority
and conditions provided in the applicable appropriations Act for the
fiscal year 1995 including the authority and conditions provided in
emergency supplemental appropriations Acts for fiscal year 1995 for
continuing projects or activities, except for those projects and
activities provided for in Public Law 104-91 and Public Law 104-92,
including the costs of direct loans and loan guarantees (not otherwise
specifically provided for in this Act) which were conducted in the
fiscal year 1995 and for which appropriations, funds, or other
authority would be available in the following appropriations Act as
passed each House, excluding conference reports:
The Department of the Interior and Related Agencies
Appropriations Act, 1996; and
The Departments of Labor, Health and Human Services, and
Education, and Related Agencies Appropriations Act, 1996:
Provided, That whenever the amount which would be made available or the
authority which would be granted in these Acts is greater than that
which would be available or granted under current operations, the
pertinent project or activity shall be continued at a rate for
operations not exceeding the current rate.
(b) Whenever the amount which would be made available or the
authority which would be granted under an Act listed in this section as
passed by the House as of the date of enactment of this Act, is
different from that which would be available or granted under such Act
as passed by the Senate as of the date of enactment of this Act, the
pertinent project or activity shall be continued at a rate for
operations not exceeding the current rate or the rate permitted by the
action of the House or the Senate, whichever is lower, under the
authority and conditions provided in the applicable appropriations Act
for the fiscal year 1995: Provided, That where an item is not included
in either version or where an item is included in only one version of
the Act as passed by both Houses as of the date of enactment of this
Act, the pertinent project or activity shall not be continued except as
provided for in section 111 under the appropriation, fund, or authority
granted by the applicable appropriations Act for the fiscal year 1995
and under the authority and conditions provided in the applicable
appropriations Act for the fiscal year 1995.
(c) Whenever an Act listed in this section has been passed by only
the House or only the Senate as of the date of enactment of this Act,
the pertinent project or activity shall be continued under the
appropriation, fund, or authority granted by the one House at a rate
for operations not exceeding the current rate or the rate permitted by
the action of the one House, whichever is lower, and under the
authority and conditions provided in the applicable appropriations Act
for the fiscal year 1995: Provided, That where an item is funded in the
applicable appropriations Act for the fiscal year 1995 and not included
in the version passed by the one House as of the date of enactment of
this Act, the pertinent project or activity shall not be continued
except as provided for in section 111 under the appropriation, fund, or
authority granted by the applicable appropriations Act for the fiscal
year 1995 and under the authority and conditions provided in the
applicable appropriations Act for the fiscal year 1995.
Sec. 102. Appropriations made by section 101 shall be available to
the extent and in the manner which would be provided by the pertinent
appropriations Act.
Sec. 103. No appropriations or funds made available or authority
granted pursuant to section 101 shall be used to initiate or resume any
project or activity for which appropriations, funds, or other authority
were not available during the fiscal year 1995.
Sec. 104. No provision which is included in an appropriations Act
enumerated in section 101 but which was not included in the applicable
appropriations Act for fiscal year 1995 and which by its terms is
applicable to more than one appropriation, fund, or authority shall be
applicable to any appropriation, fund, or authority provided in this
title of this Act.
Sec. 105. Appropriations made and authority granted pursuant to
this title of this Act shall cover all obligations or expenditures
incurred for any program, project, or activity during the period for
which funds or authority for such project or activity are available
under this Act.
Sec. 106. Unless otherwise provided for in this title of this Act
or in the applicable appropriations Act, appropriations and funds made
available and authority granted pursuant to this title of this Act
shall be available until (a) enactment into law of an appropriation for
any project or activity provided for in this title of this Act, or (b)
the enactment into law of the applicable appropriations Act without any
provision for such project or activity, or (c) March 15, 1996,
whichever first occurs.
Sec. 107. This title of this Act shall be implemented so that only
the most limited funding action of that permitted in title of this Act
shall be taken in order to provide for continuation of projects and
activities.
Sec. 108. Expenditures made pursuant to this title of this Act
shall be charged to the applicable appropriation, fund, or
authorization whenever a bill in which such applicable appropriation,
fund, or authorization is contained is enacted into law.
Sec. 109. No provision in the appropriations Act for the fiscal
year 1996 referred to in section 101 of this Act that makes the
availability of any appropriation provided therein dependent upon the
enactment of additional authorizing or other legislation shall be
effective before the date set forth in section 106(c) of this Act.
Sec. 110. Appropriations and funds made available by or authority
granted pursuant to this title of this Act may be used without regard
to the time limitations for submission and approval of apportionments
set forth in section 1513 of title 31, United States Code, but nothing
herein shall be construed to waive any other provision of law governing
the apportionment of funds.
Sec. 111. Notwithstanding any other provision of this title of this
Act, except section 106, whenever an Act listed in section 101 as
passed by both the House and the Senate as of the date of enactment of
this Act, does not include funding for an ongoing project or activity
for which there is a budget request, or whenever an Act listed in
section 101 has been passed by only the House or only the Senate as of
the date of enactment of this Act, and an item funded in fiscal year
1995 is not included in the version passed by the one House, or
whenever the rate for operations for an ongoing project or activity
provided by section 101 for which there is a budget request would
result in the project or activity being significantly reduced, the
pertinent project or activity may be continued under the authority and
conditions provided in the applicable appropriations Act for the fiscal
year 1995 by increasing the rate for operations provided by section 101
to a rate for operations not to exceed one that provides the minimal
level that would enable existing activities to continue. No new
contracts or grants shall be awarded in excess of an amount that bears
the same ratio to the rate for operations provided by this section as
the number of days covered by this title of this Act bears to 366. For
the purposes of this title of this Act, the minimal level means a rate
for operations that is reduced from the current rate by 25 percent.
Sec. 112. Notwithstanding any other provision of this title of this
Act, except section 106, whenever the rate for operations for any
continuing project or activity provided by section 101 or section 111
for which there is a budget request would result in a furlough of
Government employees, that rate for operations may be increased to the
minimum level that would enable the furlough to be avoided. No new
contracts or grants shall be awarded in excess of an amount that bears
the same ratio to the rate for operations provided by this section as
the number of days covered by this resolution bears to 366: Provided,
That the first sentence of section 112 shall not apply except to
furloughs that exceed one workday per pay period for the affected
workforce during the period of January 26, 1996 through March 15, 1996.
Sec. 113. Notwithstanding any other provision of this title of this
Act, except sections 106 and 111, for those programs that had high
initial rates of operation or complete distribution of funding at the
beginning of the fiscal year in fiscal year 1995 because of
distributions of funding to States, foreign countries, grantees, or
others, similar distributions of funds for fiscal year 1996 shall not
be made and no grants shall be awarded for such programs funded by this
title of this Act that would impinge on final funding prerogatives.
Sec. 114. Notwithstanding any other provision of this title of this
Act, except section 106, any distribution of funding under the
Rehabilitation Services and Disability Research account in the
Department of Education may be made up to an amount that bears the same
ratio to the rate for operation for this account provided by this title
of this Act as the number of days covered by this title of this Act
bears to 366.
Sec. 115. Notwithstanding any other provision of this Act, except
section 106, the rate for operations of the following projects or
activities shall be only the minimum necessary to accomplish orderly
termination:
Child Development Associate Scholarships in the Department
of Health and Human Services;
Dependent Care Planning and Development in the Department
of Health and Human Services;
Law Related Education in the Department of Education;
Dropout Prevention Demonstrations in the Department of
Education;
Aid for Institutional Development--Endowment Grants in the
Department of Education;
Aid for Institutional Development--Evaluation in the
Department of Education;
Native Hawaiian and Alaska Native Cultural Arts;
Innovative Projects in Community Service in the Department
of Education;
Cooperative Education in the Department of Education; and
Douglas Teacher Scholarships in the Department of
Education.
Sec. 116. Compensation and Ratification of Authority.--(a) Any
Federal employees furloughed as a result of a lapse in appropriations,
if any, after midnight November 13, 1995, until the enactment of this
Act shall be compensated at their standard rate of compensation for the
period during which there was a lapse in appropriations.
All obligations incurred in anticipation of the appropriations made
and the authority granted by this title of this Act for the purposes of
maintaining the essential level of activity to protect life and
property and bring about orderly termination of Government functions
are hereby ratified and approved if otherwise in accord with the
provisions of this title of this Act.
Sec. 117. Notwithstanding any other provision of this title of this
Act, except section 106, upon enactment of this Act any new grants or
contracts for the following programs shall be made at a level not to
exceed a rate of 75 per centum of prior monthly awards:
Department of Health and Human Services:
Health Resources and Services Administration:
Health Resources and Services:
Trauma Care
Health Care Facilities
Assistant Secretary for Health:
Office of the Assistant Secretary for
Health:
National Vaccine Program
Health Care Reform Data Analysis
National AIDS Program Office
Health Care Financing Administration:
Program Management:
Essential Access Community
Hospitals
Administration for Children and Families:
Children and Families Services Program:
Youth Gang Substance Abuse
Advisory Board on Child Abuse and
Neglect
Child Welfare Research
Social Services Research
Homeless Service Grants
Community Schools (crime trust fund)
Administration on Aging:
Aging Services Programs:
Pension Counseling
Federal Council on Aging
White House Conference on Aging
Department of Education:
Education for the Disadvantaged:
State School Improvement
School Improvement Programs:
Safe and Drug Free Schools and
Communities: National Program
Women's Educational Equity
Bilingual and Immigrant Education:
Bilingual Education Support Services
Higher Education:
Faculty Development Fellowships
School, College, and University
Partnerships
Related Agencies:
Corporation for National and Community
Service:
Domestic Volunteer Service Programs,
Operating Expenses:
Senior Demonstration Program
National Education Standards and
Improvement Council.
Sec. 118. Notwithstanding any other provision of law or this Act,
upon enactment of this Act the Secretary of each cabinet level
department other than State, Defense, Ambassador to the United Nations,
and Central Intelligence shall not obligate a total amount of funds for
their individual official travel expenses for fiscal year 1996 that
would be greater than 110 per centum of the average total amount of the
individual official travel expenses of the relevant departmental
secretary for the fiscal years 1990 through 1995.
Sec. 119. Notwithstanding any other provision of law or of this
title of this Act, the maximum Pell Grant for which a student shall be
eligible under the Higher Education Act of 1965, as amended, during
award year 1996-1997 shall be at least $2,440.
Sec. 120. Notwithstanding any other provision of law, the first
proviso under the heading ``Education for the disadvantaged'' in title
III of H.R. 2127, as passed by the House of Representatives, shall take
effect upon enactment of this Act.
Sec. 121. 501 First Street SE., District of Columbia.
(a) Disposal of Real Property.--
(1) In general.--The Architect of the Capitol shall dispose
of by sale at fair market value all right, title, and interest
of the United States in and to the parcel of real property
described in paragraph (9), including all improvements to such
real property. Such disposal shall be made by quitclaim deed.
(2) House office building commission.--The Architect of the
Capitol shall carry out this section under the direction of the
House Office Building Commission.
(3) Procedures.--Notwithstanding any other provision of
law, the disposal under paragraph (1) shall be made in
accordance with such procedures as the Architect of the Capitol
determines appropriate.
(4) Sense of congress.--It is the sense of Congress that
the child care center of the House of Representatives should
remain in operation during the implementation of this section.
(5) Terms and conditions.--The deed of conveyance for the
property to be disposed of under paragraph (1) shall contain
such terms and conditions as the Architect of the Capitol
determines are necessary to protect the interests of the United
States.
(6) Deposit of proceeds.--All proceeds from the disposal
under paragraph (1) shall be deposited in the account
established by subsection (b).
(7) Advertising and marketing.--The Architect of the
Capitol shall begin advertising and marketing the property to
be disposed of under paragraph (1) not later than 30 days after
the date of the enactment of this Act.
(8) Local zoning and occupancy requirements.--Until such
date as the purchaser of the property to be disposed of under
paragraph (1) takes full occupancy of such property, such
property and the tenants of such property shall be deemed to be
in compliance with all applicable zoning and occupancy
requirements of the District of Columbia.
(9) Property description.--The parcel of real property
referred to in paragraph (1) is the approximately 31,725 square
feet of land located at 501 First Street, SE., on square 736 S,
Lot 801 (formerly part of Reservation 17) in the District of
Columbia. Such parcel is bounded by E Street, SE., to the
north, First Street, SE., to the east, New Jersey Avenue, SE.,
to the west, and Garfield Park to the south.
(b) Separate Account in the Treasury.--
(1) Establishment.--There is established in the Treasury of
the United States a separate account which shall consist of
amounts deposited into the account by the Architect of the
Capitol under subsection (a).
(2) Availability of funds.--Funds in the account
established by paragraph (1) shall be available, in such
amounts as are specified in appropriations Acts, to the
Architect of the Capitol for--
(A) payment of expenses associated with relocating
the tenants of the property to be disposed of under
subsection (a)(1);
(B) payment of expenses associated with renovating
facilities under the jurisdiction of the Architect for
the purpose of accommodating such tenants; and
(C) reimbursement of expenses incurred for
advertising and marketing activities related to the
disposal under subsection (a)(1) in a total amount of
not to exceed $75,000.
Funds made available under this paragraph shall not be subject
to any fiscal year limitation.
(3) Reporting of transactions.--Receipts, obligations, and
expenditures of funds in the account established by paragraph
(1) shall be reported in annual estimates submitted to Congress
by the Architect of the Capitol for the operation and
maintenance of the Capitol Buildings and Grounds.
(4) Termination of account.--Not later than 2 years after
the date of settlement on the property to be disposed of under
subsection (a)(1), the Architect of the Capitol shall terminate
the account established by paragraph (1) and all amounts
remaining in the account shall be deposited into the general
fund of the Treasury of the United States and credited as
miscellaneous receipts.
(c) Authority To Furnish Steam and Chilled Water.--
(1) In general.--The Architect of the Capitol is authorized
to furnish steam and chilled water from the Capitol Power Plant
to the owner of the property to be disposed of under subsection
(a)(1) if the owner agrees to pay for such steam and chilled
water at market rates, as determined by the Architect of the
Capitol.
(2) Authority limited to existing facilities.--The
Architect of the Capitol may furnish steam and chilled water
under paragraph (1) only with respect to facilities which, on
the date of the enactment of this Act, are located on the
property to be disposed of under subsection (a)(1).
(3) Proceeds.--All proceeds from the sale of steam and
chilled water under paragraph (1) shall be deposited into the
general fund of the Treasury of the United States and credited
as miscellaneous receipts.
Sec. 122. Notwithstanding any other provision of this title of
this Act except section 106, such sums as necessary are hereby
appropriated for all projects and activities funded under the account
heading ``Office for Civil Rights'' under the Office of the Secretary
in the Department of Health and Human Services at a rate for operations
not to exceed an annual rate for new obligational authority of
$16,153,000 for general funds together with not to exceed an annual
rate for new obligational authority of $3,314,000 to be transferred and
expended as authorized by section 201(g)(1) of the Social Security Act
from the Hospital Insurance Trust Fund and the Supplemental Medical
Insurance Trust Fund.
Sec. 123. Activities necessary to effect the following program
eliminations and transfers of selected functions are funded under the
terms and conditions and at a rate of operations, notwithstanding any
other provision of this title of this Act, provided for in the
conference report and joint explanatory statement of the Committee of
Conference (House Report 104-402) on the Department of the Interior and
Related Agencies Appropriations Act, 1996 (H.R. 1977), as passed by the
House of Representatives on December 13, 1995:
All projects and activities under the account heading
``Public Development'' under the Pennsylvania Avenue
Development Corporation;
All projects and activities under the account heading
``Mines and Minerals'' under the Bureau of Mines in Department
of the Interior;
All activities related to the transfer of functions from
the Bureau of Mines under the account heading ``Management of
Lands and Resources'' under the Bureau of Land Management in
the Department of the Interior;
All activities related to the transfers of functions from
the Bureau of Mines and from the National Biological Service
under the account heading ``Surveys, Investigations, and
Research'' under the United States Geological Survey in the
Department of the Interior; and
All activities related to the transfer of functions from
the Bureau of Mines under the account heading ``Fossil Energy
Research and Development'' in the Department of Energy.
Sec. 124. Notwithstanding any other provision of this title of this
Act, the appropriations and funds made available and authority granted
pursuant to the preceding section shall be available until (a)
enactment into law of an appropriation for any project or activity
provided for in that section, or (b) the enactment into law of the
applicable appropriations Act without any provision for such project or
activity, or (c) September 30, 1996, whichever first occurs.
Sec. 125. Notwithstanding any other provision of this title of this
Act, except section 106, such amounts as may be necessary are hereby
appropriated to effect the sale of Weeks Island oil from the Strategic
Petroleum Reserve under the terms and conditions and at a rate of
operations provided for in the conference report and joint explanatory
statement of the Committee of Conference (House Report 104-402) on the
Department of the Interior and Related Agencies Appropriations Act,
1996 (H.R. 1977), as passed by the House of Representatives on December
13, 1995.
Sec. 126. Notwithstanding any other provision of this title of this
Act, such amounts as may be necessary are hereby appropriated under the
authority and conditions provided in the applicable appropriations Act
for the fiscal year 1995 for continuing, at a rate for operations
provided for in the conference report and joint explanatory statement
of the Committee of Conference (House Report 104-402) on the Department
of the Interior and Related Agencies Appropriations Act, 1996 (H.R.
1977), as passed by the House of Representatives on December 13, 1995,
for the following projects or activities including the costs of direct
loans and loan guarantees (not otherwise specifically provided for in
this Act) which are conducted in the fiscal year 1995: all projects or
activities of the Indian Health Services, Indian Health Service
Facilities, Bureau of Indian Affairs, National Park Service,
notwithstanding any other provision of law, the United States Fish and
Wildlife Service, notwithstanding any other provision of law, and the
Forest Service, notwithstanding any other provision of law: Provided,
That appropriations and funds made available and authority granted
pursuant to this section shall be available until (a) enactment into
law of an appropriation for any project or activity provided for in
this section, or (b) the enactment into law of the applicable
appropriations Act without any provision for such project or activity,
or (c) March 15, 1996, whichever first occurs.
Sec. 127. Notwithstanding any other provision of this title of this
Act except section 106, projects and activities under the account
heading ``Salaries and expenses'' under the National Labor Relations
Board shall be subject to the provisions of section 112 of Public law
104-56.
Sec. 128. None of the funds made available by Public Law 104-91 may
be used for--
(1) the creation of a human embryo or embryos for research
purposes; or
(2) research in which a human embryo or embryos are
destroyed, discarded, or knowingly subjected to risk of injury
or death greater than that allowed for research on fetuses in
utero under 45 CFR 46.208(a)(2) and 42 U.S.C. 289g(b).
For purposes of this section, the phrase ``human embryo or embryos''
shall include any organism, not protected as a human subject under 45
CFR 46 as of the date of enactment of this Act, that is derived by
fertilization, parthenogenesis, cloning, or any other means from one or
more human gametes.
Sec. 129.Technical Amendment to Prohibition of Grants for 501(c)(4)
Organizations Engaging in Lobbying Activities.
(a) In General.--Section 18 of the Lobbying Disclosure Act of 1995
is amended by striking ``award, grant, contract, loan, or any other
form'' and inserting ``award, grant, or loan''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect as if included in the Lobbying Disclosure Act of 1995 on
the date of the enactment of such Act.
Sec. 130. No funds appropriated under this or any other Act shall
be used to review or modify sourcing areas previously approved under
section 490(c)(3) of the Forest Resources Conservation and Shortage
Relief Act of 1990 (Public Law 101-382) or to enforce or implement
Federal regulations 36 CFR part 223 promulgated on September 8, 1995.
The regulations and interim rules in effect prior to September 8, 1995
(36 CFR 223.48, 36 CFR 223.87, 36 CFR 223 Subpart D, 36 CFR 223 Subpart
F, and 36 CFR 261.6) shall remain in effect. The Secretary of
Agriculture or the Secretary of the Interior shall not adopt any
policies concerning Public Law 101-382 or existing regulations that
would restrain domestic transportation or processing of timber from
private lands or impose additional accountability requirements on any
timber. The Secretary of Commerce shall extend until September 30,
1996, the order issued under section 491(b)(2)(A) of Public Law 101-382
and shall issue an order under section 491(b)(2)(B) of such law that
will be effective October 1, 1996.
Sec. 131. Notwithstanding any other provision of this Act, an
additional $2,000,000 is hereby appropriated for the National Park
Service, Park Service Construction for repair of flood damage to the
Chesapeake and Ohio Canal National Historical Park.
TITLE II
DEPARTMENTS OF COMMERCE, JUSTICE, AND STATE, THE JUDICIARY, AND RELATED
AGENCIES APPROPRIATIONS
Sec. 201. (a) Such amounts as may be necessary under the authority
and conditions provided in the applicable appropriations Act for the
fiscal year 1995 for projects or activities, except for those projects
and activities provided for in Public Law 104-91 and Public Law 104-92,
including the costs of direct loans and loan guarantees (not otherwise
specifically provided for in this Act) at a rate for operations
provided for in the conference report and joint explanatory statement
of the Committee of Conference, House Report 104-378, on the
Departments of Commerce, Justice, and State, the Judiciary, and Related
Agencies Appropriations Act, 1996 (H.R. 2076), as passed the House of
Representatives on December 6, 1995, notwithstanding section 15 of the
State Department Basic Authorities Act of 1956, section 701 of the
United States Information and Educational Exchange Act of 1948, section
313 of the Foreign Relations Authorization Act, Fiscal Years 1994 and
1995 (Public Law 103-236), and section 53 of the Arms Control and
Disarmament Act: Provided, That, notwithstanding any other provision of
this title of this Act, the rate for operations only for program
administration and the continuation of grants awarded in fiscal year
1995 and prior years of the Advanced Technology Program of the National
Institute of Standards and Technology, and the rate for operations for
the Ounce of Prevention Council, Drug Courts, Global Learning and
Observations to Benefit the Environment, and for the Cops on the Beat
Program may be increased up to a level of 75 per centum of the final
fiscal year 1995 appropriated amount: Provided further, That, under the
previous proviso, no contracts or grants shall be awarded in excess of
an amount that bears the same ratio to the rate for operations provided
by the previous proviso as the number of days covered by this
resolution bears to 366: Provided further, That any costs incurred by a
Department or agency funded under this subsection resulting from
personnel actions taken in response to funding reductions resulting
from this Act shall be absorbed within the total budgetary resources
available to such Department or agency: Provided further, That the
authority to transfer funds between appropriations accounts as may be
necessary to carry out the preceding proviso is provided in addition to
authorities provided elsewhere in this subsection: Provided further,
That funds to carry out the preceding two provisos shall not be
available for obligation or expenditure except in compliance with
established reprogramming procedures: Provided further, That,
notwithstanding any other provision of this title of this Act, the
amount of funds obligated or expended by the Legal Services Corporation
shall not exceed an amount that bears the same ratio to the rate for
operations available to the Legal Services Corporation as the number of
days covered by this resolution bears to 366: Provided further, That,
notwithstanding any other provision of this title of this Act, funding
provided for Violent Offender Incarceration and Truth in Sentencing
Incentive Grants, with the exception of funds available to States for
incarceration of criminal aliens and the Cooperative Agreement Program,
shall be withheld, pending enactment of revisions to subtitle A of
title II of the Violent Crime Control and Law Enforcement Act of 1994,
so as not to impinge upon final funding prerogatives: Provided further,
That, notwithstanding any other provision of this title of this Act,
sufficient funds shall be provided to continue the Office of Inspector
General of the United States Information Agency, to be derived from
funds otherwise available to the Office of Inspector General of the
Department of State.
DEPARTMENTS OF VETERANS AFFAIRS AND HOUSING AND URBAN DEVELOPMENT, AND
INDEPENDENT AGENCIES APPROPRIATIONS
(b) Such amounts as may be necessary under the authority and
conditions provided in the applicable appropriations Act for the fiscal
year 1995 for continuing projects or activities, except for those
projects and activities provided for in Public Law 104-91 and Public
Law 104-92, including the costs of direct loans and loan guarantees
(not otherwise specifically provided for in this Act) at a rate for
operations provided for in the conference report and joint explanatory
statement of the Committee of Conference, House Report 104-384, on the
Departments of Veterans Affairs and Housing and Urban Development, and
Independent Agencies Appropriations Act, 1996 (H.R. 2099), as passed
the House of Representatives on December 7, 1995: Provided, That Senate
amendment 63 shall be disposed of in the manner passed by the House on
December 7, 1995, as if enacted into law: Provided further, That,
notwithstanding any other provision of this title of this Act, the rate
for operations for the Corporation for National and Community Service,
the Community Development Financial Institutions Fund, and the Office
of Consumer Affairs may be increased up to a level of 75 per centum of
the fiscal year 1995 level: Provided further, That, under the previous
proviso, no new contracts or grants shall be awarded in excess of an
amount that bears the same ratio to the rate for operations provided by
the previous proviso as the number of days covered by this resolution
bears to 366: Provided further, That the penultimate proviso under the
heading ``General Operating Expenses'' and sections 107 and 109 under
the heading ``Administrative Provisions'' in the Department of Veterans
Affairs are effective to the extent and in the manner, notwithstanding
any other provision of this Act, provided for in the conference report
and joint explanatory statement of the Committee of Conference (House
Report 104-384) on the Departments of Veterans Affairs and Housing and
Urban Development, and Independent Agencies Appropriations Act, 1996
(H.R. 2099), as passed by the House of Representatives on December 7,
1995.
Sec. 202. Unless otherwise provided for in this title of this Act
or in the applicable appropriations Act, appropriations and funds made
available and authority granted pursuant to this title of this Act
shall be available until (a) the enactment into law of an appropriation
for any project or activity provided for in this title of this Act, or
(b) the enactment into law of the applicable appropriations Act by both
Houses without any provision for such project or activity, or (c) March
15, 1996, whichever first occurs.
Sec. 203. Appropriations made and authority granted pursuant to
this title of this Act shall cover all obligations or expenditures
incurred for any program, project, or activity during the period for
which funds or authority for such project or activity are available
under this title of this Act.
Sec. 204. Expenditures made pursuant to this title of this Act
shall be charged to the applicable appropriation, fund, or
authorization whenever a bill in which such applicable appropriation,
fund, or authorization is contained is enacted into law.
Sec. 205. Appropriations made by section 201 shall be available to
the extent and in the manner which would be provided by the pertinent
appropriations Act.
Sec. 206. No provision in the appropriations Act for the fiscal
year 1996 referred to in section 201 of this Act that makes the
availability of any appropriation provided therein dependent upon the
enactment of additional authorizing or other legislation shall be
effective before the date set forth in section 202(c) of this Act.
Sec. 207. Appropriations and funds made available by or authority
granted pursuant to this title of this Act may be used without regard
to the time limitations for submission and approval of apportionments
set forth in section 1513 of title 31, United States Code, but nothing
herein shall be construed to waive any other provision of law governing
the apportionment of funds.
Sec. 208. Public Law 104-92 is amended by repealing Title II and by
inserting in section 101(a) after the paragraph ending with ``under the
Railroad Retirement Board;'' the following paragraphs: ``All
activities, including administrative and beneficiary travel expenses of
all veterans benefit programs, necessary for the provision of veterans
benefits funded in the Department of Veterans Affairs under the
headings ``Compensation and pensions'', ``Readjustment benefits'',
``Veterans insurance and indemnities'', ``Guaranty and indemnity
program account'', ``Loan guaranty program account'', ``Direct loan
program account'', ``Education loan fund program account'',
``Vocational rehabilitation loans program account'', ``Native American
veteran housing loan program account'', and `` Administrative
provisions, sec. 107'' to the extent and in the manner and at the rate
for operations, notwithstanding any other provision of this joint
resolution, provided for in the conference report and joint explanatory
statement of the Committee of Conference (House Report 104-384) on the
Departments of Veterans Affairs and Housing and Urban Development, and
Independent Agencies Appropriations Act, 1996 (H.R. 2099), as passed by
the House of Representatives on December 7, 1995;
All payments to contractors of the Veterans Health Administration
of the Department of Veterans Affairs for goods and services that
directly relate to patient health and safety to the extent and in the
manner and at the rate for operations, notwithstanding any other
provision of this joint resolution, provided for in the conference
report and joint explanatory statement of the Committee of Conference
(House Report 104-384) on the Departments of Veterans Affairs and
Housing and Urban Development, and Independent Agencies Appropriations
Act, 1996 (H.R. 2099), as passed by the House of Representatives on
December 7, 1995;''.
Sec. 209. Notwithstanding any other provision of this title of this
Act, except section 202, the amount made available to the Securities
and Exchange Commission, under the heading Salaries and Expenses, shall
include, in addition to direct appropriations, the amount it collects
under the fee rate and offsetting collection authority contained in
Public Law 103-352, which fee rate and offsetting collection authority
shall remain in effect during the period of this title of this Act.
Sec. 210. Notwithstanding any other provision of this title of this
Act, except section 202, funds for the Environmental Protection Agency
shall be made available in the appropriation accounts which are
provided in H.R. 2099 as reported on September 13, 1995.
Sec. 211. Public Law 104-91 is amended by inserting after the words
``the protection of the Federal judiciary'' in section 101(a), the
following: ``to the extent and in the manner and'', and by inserting at
the end of the paragraph containing those words, but before the
semicolon, the following: ``: Provided, That, with the exception of
section 114, the General Provisions for the Department of Justice
included in title I of the aforementioned conference report are hereby
enacted into law''.
Sec. 212. Nothwithstanding any other provision of law or
regulation, the National Aeronautics and Space Administration shall
convey, without reimbursement, to the State of Mississippi, all rights,
title and interest of the United States in the property known as the
Yellow Creek Facility and consisting of approximately 1,200 acres near
the city of Iuka, Mississippi, including all improvements thereon and
also including any personal property owned by NASA that is currently
located on-site and which the State of Mississippi requires to
facilitate the transfer: Provided, That appropriated funds shall be
used to effect this conveyance: Provided further, That $10,000,000 in
appropriated funds otherwise available to the National Aeronautics and
Space Administration shall be transferred to the State of Mississippi
to be used in the transition of the facility: Provided further, That
each Federal agency with prior contact to the site shall remain
responsible for any and all environmental remediation made necessary as
a result of its activities on the site: Provided further, That in
consideration of this conveyance, the National Aeronautics and Space
Administration may require such other terms and conditions as the
Administrator deems appropriate to protect the interests of the United
States: Provided further, That the conveyance of the site and the
transfer of the funds to the State of Mississippi shall occur not later
than thirty days from the date of enactment of this Act.
Sec. 213. Notwithstanding any other provision of this title of this
Act except section 202, projects and activities under the account
heading ``Council on Environmental Quality and Office of Environmental
Quality'' shall be subject to the provisions of section 112 of Public
Law 104-56.
Sec. 214. Notwithstanding any other provision of this title of this
Act except section 202, whenever the rate for operations for any
continuing project or activity provided by section 201 for which there
is a budget request would result in a furlough of Government employees,
that rate for operations may be increased to the minimum level that
would enable the furlough to be avoided. No new contracts or grants
shall be awarded in excess of an amount that bears the same ratio to
the rate for operations provided by this section as the number of days
covered by this resolution bears to 366: Provided, That the first
sentence of section 214 shall not apply except to furloughs that exceed
one workday per pay period for the affected workforce during the period
of January 26, 1996 through March 15, 1996.
TITLE III
FOREIGN OPERATIONS, EXPORT FINANCING, AND RELATED PROGRAMS
APPROPRIATIONS
Sec. 301. Such amounts as may be necessary for programs, projects,
or activities provided for in the Foreign Operations, Export Financing,
and Related Programs Appropriations Act, 1996 (H.R. 1868), at a rate
for operations and to the extent and in the manner provided for in the
conference report and joint explanatory statement of the Committee of
Conference (House Report 104-295) as passed by the House of
Representatives on October 31, 1995, as if enacted into law,
notwithstanding any other provision of this title of this Act:
Provided, That Senate amendment numbered 115 shall be disposed of as
follows, as if enacted into law:
In lieu of the matter proposed by the Senate in amendment numbered
115, insert the following:
``authorization of population planning
``Sec. 518A. Notwithstanding section 526 of this Act, none of the
funds made available in this Act for population planning activities or
other population assistance pursuant to section 104(b) of the Foreign
Assistance Act or any other provision of law, or funds made available
in title IV of this Act as a contribution to the United Nations
Population Fund (UNFPA) may be obligated or expended prior to July 1,
1996, unless such funding is expressly authorized by law: Provided,
That if such funds are not authorized by law prior to July 1, 1996,
funds appropriated in title II of this Act for population planning
activities or other population assistance may be made available for
obligation and expenditure in an amount not to exceed 65 percent of the
total amount appropriated or otherwise made available by Public Law
103-306 and Public Law 104-19 for such activities for fiscal year 1995,
and funds appropriated in title IV of this Act as a contribution to the
United Nations Population Fund (UNFPA) may be made available for
obligation and expenditure in an amount not to exceed 65 percent of the
total amount appropriated or otherwise made available by Public Law
103-306 and Public Law 104-19 for a contribution to UNFPA for fiscal
year 1995: Provided further, That, pursuant to the previous proviso,
such funds may be apportioned only on a monthly basis, beginning July
1, 1996 and ending September 30, 1997, and such monthly apportionments
may not exceed 6.67 percent of the total available for such activities:
Provided further, That notwithstanding any other provision of this Act,
funds appropriated by this Act for the United Nations Population Fund
(UNFPA) shall remain available for obligation until September 30,
1997.''.
Sec. 302. Unless otherwise provided for in this title of this Act
or in the applicable appropriations Act, appropriations and funds made
available and authority granted pursuant to this this title of this Act
shall be available until (a) the enactment into law of an appropriation
for any project or activity provided for in this title of this Act, or
(b) the enactment into law of the applicable appropriations Act by both
Houses without any provision for such project or activity, or (c)
September 30, 1996, whichever first occurs.
Sec. 303. Appropriations made and authority granted pursuant to
this title of this Act shall cover all obligations or expenditures
incurred for any program, project, or activity during the period for
which funds or authority for such project or activity are available
under this title of this Act.
Sec. 304. Expenditures made pursuant to this title of this act
shall be charged to the applicable appropriation, fund, or
authorization whenever a bill in which such applicable appropriation,
fund, or authorization is contained is enacted into law.
TITLE IV
HOUSING AND URBAN DEVELOPMENT
Sec. 401. During fiscal year 1996, the Secretary of Housing and
Urban Development may manage and dispose of multifamily properties
owned by the Secretary, including the provision for grants from the
General Insurance Fund (12 U.S.C. 1735c) for the necessary costs of
rehabilitation and other related development costs and multifamily
mortgages held by the Secretary without regard to any other provision
of law.
public and assisted housing rents, income adjustments, and preferences
Sec. 402. (a) Minimum Rents.--Notwithstanding sections 3(a) and
8(o)(2) of the United States Housing Act of 1937, as amended, effective
for fiscal year 1996 and no later than October 30, 1995--
(1) public housing agencies shall require each family who
is assisted under the certificate or moderate rehabilitation
program under section 8 of such Act to pay a minimum monthly
rent of not less than $25, and may require a minimum monthly
rent of up to $50;
(2) public housing agencies shall reduce the monthly
assistance payment on behalf of each family who is assisted
under the voucher program under section 8 of such Act so that
the family pays a minimum monthly rent of not less than $25,
and may require a minimum monthly rent of up to $50;
(3) with respect to housing assisted under other programs
for rental assistance under section 8 of such Act, the
Secretary shall require each family who is assisted under such
program to pay a minimum monthly rent of not less than $25 for
the unit, and may require a minimum monthly rent of up to $50;
and
(4) public housing agencies shall require each family who
is assisted under the public housing program (including public
housing for Indian families) of such Act to pay a minimum
monthly rent of not less than $25, and may require a minimum
monthly rent of up to $50.
(b) Establishment of Ceiling Rents.--
(1) Section 3(a)(2) of the United States Housing Act of
1937 is amended to read as follows:
``(2) Notwithstanding paragraph (1), a public housing
agency may--
``(A) adopt ceiling rents that reflect the
reasonable market value of the housing, but that are
not less than the monthly costs--
``(i) to operate the housing of the agency;
and
``(ii) to make a deposit to a replacement
reserve (in the sole discretion of the public
housing agency); and
``(B) allow families to pay ceiling rents referred
to in subparagraph (A), unless, with respect to any
family, the ceiling rent established under this
paragraph would exceed the amount payable as rent by
that family under paragraph (1).''.
(2) Regulations.--
(A) In general.--The Secretary shall, by
regulation, after notice and an opportunity for public
comment, establish such requirements as may be
necessary to carry out section 3(a)(2)(A) of the United
States Housing Act of 1937, as amended by paragraph
(1).
(B) Transition rule.--Prior to the issuance of
final regulations under paragraph (1), a public housing
agency may implement ceiling rents, which shall be not
less than the monthly costs to operate the housing of
the agency and--
(i) determined in accordance with section
3(a)(2)(A) of the United States Housing Act of
1937, as that section existed on the day before
enactment of this Act;
(ii) equal to the 95th percentile of the
rent paid for a unit of comparable size by
tenants in the same public housing project or a
group of comparable projects totaling 50 units
or more; or
(iii) equal to the fair market rent for the
area in which the unit is located.
(c) Definition of Adjusted Income.--Section 3(b)(5) of the United
States Housing Act of 1937 is amended--
(1) at the end of subparagraph (F), by striking ``and'';
(2) at the end of subparagraph (G), by striking the period
and inserting ``; and''; and
(3) by inserting after subparagraph (G) the following:
``(H) for public housing, any other adjustments to
earned income established by the public housing agency.
If a public housing agency adopts other adjustments to
income pursuant to subparagraph (H), the Secretary
shall not take into account any reduction of or
increase in the public housing agency's per unit
dwelling rental income resulting from those adjustments
when calculating the contributions under section 9 for
the public housing agency for the operation of the
public housing.''.
(d) Repeal of Federal Preferences.--
(1) Public housing.--Section 6(c)(4)(A) of the United
States Housing Act of 1937 (42 U.S.C. 1437d(c)(4)(A)) is
amended to read as follows:
``(A) the establishment, after public notice and an
opportunity for public comment, of a written system of
preferences for admission to public housing, if any,
that is not inconsistent with the comprehensive housing
affordability strategy under title I of the Cranston-
Gonzalez National Affordable Housing Act;''.
(2) Section 8 existing and moderate rehabilitation.--
Section 8(d)(1)(A) of the United States Housing Act of 1937 (42
U.S.C. 1437f(d)(1)(A)) is amended to read as follows:
``(A) the selection of tenants shall be the
function of the owner, subject to the provisions of the
annual contributions contract between the Secretary and
the agency, except that for the certificate and
moderate rehabilitation programs only, for the purpose
of selecting families to be assisted, the public
housing agency may establish, after public notice and
an opportunity for public comment, a written system of
preferences for selection that is not inconsistent with
the comprehensive housing affordability strategy under
title I of the Cranston-Gonzalez National Affordable
Housing Act;''.
(3) Section 8 voucher program.--Section 8(o)(3)(B) of the
United States Housing Act of 1937 (42 U.S.C. 1437f(o)(3)(B)) is
amended to read as follows:
``(B) For the purpose of selecting families to be
assisted under this subsection, the public housing
agency may establish, after public notice and an
opportunity for public comment, a written system of
preferences for selection that is not inconsistent with
the comprehensive housing affordability strategy under
title I of the Cranston-Gonzalez National Affordable
Housing Act.''.
(4) Section 8 new construction and substantial
rehabilitation.--
(A) Repeal.--Section 545(c) of the Cranston-
Gonzalez National Affordable Housing Act (42 U.S.C.
1437f note) is amended to read as follows:
``(c) [Reserved.]''.
(B) Prohibition.--Notwithstanding any other
provision of law, no Federal tenant selection
preferences under the United States Housing Act of 1937
shall apply with respect to--
(i) housing constructed or substantially
rehabilitated pursuant to assistance provided
under section 8(b)(2) of the United States
Housing Act of 1937 (as such section existed on
the day before October 1, 1983); or
(ii) projects financed under section 202 of
the Housing Act of 1959 (as such section
existed on the day before the date of enactment
of the Cranston-Gonzalez National Affordable
Housing Act).
(5) Rent supplements.--Section 101(k) of the Housing and
Urban Development Act of 1965 (12 U.S.C. 1701s(k)) is amended
to read as follows:
``(k) [Reserved.]''.
(6) Conforming amendments.--
(A) United states housing act of 1937.--The United
States Housing Act of 1937 (42 U.S.C. 1437 et seq.) is
amended--
(i) in section 6(o), by striking
``preference rules specified in'' and inserting
``written system of preferences for selection
established pursuant to'';
(ii) in the second sentence of section
7(a)(2), by striking ``according to the
preferences for occupancy under'' and inserting
``in accordance with the written system of
preferences for selection established pursuant
to'';
(iii) in section 8(d)(2)(A), by striking
the last sentence;
(iv) in section 8(d)(2)(H), by striking
``Notwithstanding subsection (d)(1)(A)(i), an''
and inserting ``An'';
(v) in section 16(c), in the second
sentence, by striking ``the system of
preferences established by the agency pursuant
to section 6(c)(4)(A)(ii)'' and inserting ``the
written system of preferences for selection
established by the public housing agency
pursuant to section 6(c)(4)(A)''; and
(vi) in section 24(e)--
(I) by striking ``(e) Exceptions''
and all that follows through ``The
Secretary may'' and inserting the
following:
``(e) Exception to General Program Requirements.--The Secretary
may''; and
(II) by striking paragraph (2).
(B) Cranston-gonzalez national affordable housing
act.--Section 522(f)(6)(B) of the Cranston-Gonzalez
National Affordable Housing Act (42 U.S.C. 12704 et
seq.) is amended by striking ``any preferences for such
assistance under section 8(d)(1)(A)(i)'' and inserting
``the written system of preferences for selection
established pursuant to section 8(d)(1)(A)''.
(C) Housing and community development act of
1992.--Section 655 of the Housing and Community
Development Act of 1992 (42 U.S.C. 13615) is amended by
striking ``the preferences'' and all that follows up to
the period at the end and inserting ``any
preferences''.
(D) References in other law.--Any reference in any
Federal law other than any provision of any law amended
by paragraphs (1) through (5) of this subsection to the
preferences for assistance under section 6(c)(4)(A)(i),
8(d)(1)(A)(i), or 8(o)(3)(B) of the United States
Housing Act of 1937 (as such sections existed on the
day before the date of enactment of this Act) shall be
considered to refer to the written system of
preferences for selection established pursuant to
section 6(c)(4)(A), 8(d)(1)(A), or 8(o)(3)(B),
respectively, of the United States Housing Act of 1937,
as amended by this section.
(e) Applicability.--In accordance with section 201(b)(2) of the
United States Housing Act of 1937, the amendments made by subsections
(a), (b), (c), (d), and (f) of this section shall also apply to public
housing developed or operated pursuant to a contract between the
Secretary of Housing and Urban Development and an Indian housing
authority.
(f) This section shall be effective upon the enactment of this Act
and only for fiscal year 1996.
section 8 fair market rentals, administrative fees, and delay in
reissuance
Sec. 403. (a) Fair Market Rentals.--The Secretary shall establish
fair market rentals for purposes of section 8(c)(1) of the United
States Housing Act of 1937, as amended, that shall be effective for
fiscal year 1996 and shall be based on the 40th percentile rent of
rental distributions of standard quality rental housing units. In
establishing such fair market rentals, the Secretary shall consider
only the rents for dwelling units occupied by recent movers and may not
consider the rents for public housing dwelling units or newly
constructed rental dwelling units.
(b) Administrative Fees.--Notwithstanding sections 8(q) (1) and (4)
of the United States Housing Act of 1937, for fiscal year 1996, the fee
for each month for which a dwelling unit is covered by an assistance
contract under the certificate, voucher, or moderate rehabilitation
program under section 8 of such Act shall be equal to the monthly fee
payable for fiscal year 1995: Provided, That this subsection shall be
applicable to all amounts made avail- able for such fees during fiscal
year 1996, as if in effect on October 1, 1995.
(c) Delay Reissuance of Vouchers and Certificates.--Notwithstanding
any other provision of law, a public housing agency administering
certificate or voucher assistance provided under subsection (b) or (o)
of section 8 of the United States Housing Act of 1937, as amended,
shall delay for 3 months, the use of any amounts of such assistance (or
the certificate or voucher representing assistance amounts) made
available by the termination during fiscal year 1996 of such assistance
on behalf of any family for any reason, but not later than October 1,
1996; with the exception of any certificates assigned or committed to
project-based assistance as permitted otherwise by the Act,
accomplished prior to the effective date of this Act.
repeal of provisions regarding income disregards
Sec. 404. (a) Maximum Annual Limitation on Rent Increases Resulting
From Employment.--Section 957 of the Cranston-Gonzalez National
Affordable Housing Act is hereby repealed, retroactive to November 28,
1990, and shall be of no effect.
(b) Economic Independence.--Section 923 of the Housing and
Community Development Act of 1992 is hereby repealed, retroactive to
October 28, 1992, and shall be of no effect.
section 8 contract renewals
Sec. 405. (a) For fiscal year 1996 and henceforth, the Secretary of
Housing and Urban Development may use amounts available for the renewal
of assistance under section 8 of the United States Housing Act of 1937,
upon termination or expiration of a contract for assistance under
section 8 of such Act of 1937 (other than a contract for tenant-based
assistance and notwithstanding section 8(v) of such Act for loan
management assistance), to provide assistance under section 8 of such
Act, subject to the Section 8 Existing Fair Market Rents, for the
eligible families assisted under the contracts at expiration or
termination, which assistance shall be in accordance with terms and
conditions prescribed by the Secretary.
(b) Notwithstanding subsection (a) and except for projects assisted
under section 8(e)(2) of the United States Housing Act of 1937 (as it
existed immediately prior to October 1, 1991), at the request of the
owner, the Secretary shall renew for a period of one year contracts for
assistance under section 8 that expire or terminate during fiscal year
1996 at the current rent levels.
(c) Section 8(v) of the United States Housing Act of 1937 is
amended to read as follows: ``The Secretary may extend expiring
contracts entered into under this section for project-based loan
management assistance to the extent necessary to prevent displacement
of low-income families receiving such assistance as of September 30,
1996.''.
(d) Section 236(f) of the National Housing Act (12 U.S.C. 1715z-
1(f)) is amended:
(1) by striking the second sentence in paragraph (1) and
inserting in lieu thereof the following: ``The rental charge
for each dwelling unit shall be at the basic rental charge or
such greater amount, not exceeding the lower of (i) the fair
market rental charge determined pursuant to this paragraph, or
(ii) the fair market rental established under section 8(c) of
the United States Housing Act of 1937 for the market area in
which the housing is located, as represents 30 per centum of
the tenant's adjusted income.''; and
(2) by striking paragraph (6).''.
extension of home equity conversion mortgage program
Sec. 406. Section 255(g) of the National Housing Act (12 U.S.C.
1715z-20(g)) is amended--
(1) in the first sentence, by striking ``September 30,
1995'' and inserting ``September 30, 1996''; and
(2) in the second sentence, by striking ``25,000'' and
inserting ``30,000''.
fha single-family assignment program reform
Sec. 407. (a) Foreclosure Avoidance.--Except as provided in
subsection (e), the last sentence of section 204(a) of the National
Housing Act (12 U.S.C. 1710(a)) is amended by inserting before the
period the following: ``:And provided further, That the Secretary may
pay insurance benefits to the mortgagee to recompense the mortgagee for
its actions to provide an alternative to the foreclosure of a mortgage
that is in default, which actions may include special foreclosure, loan
modification, and deeds in lieu of foreclosure, all upon terms and
conditions as the mortgagee shall determine in the mortgagee's sole
discretion, within guidelines provided by the Secretary, but which may
not include assignment of a mortgage to the Secretary: And provided
further, That for purposes of the preceding proviso, no action
authorized by the Secretary and no action taken, nor any failure to
act, by the Secretary or the mortgagee shall be subject to judicial
review.''.
(b) Authority To Assist Mortgagors in Default.--Except as provided
in subsection (e), section 230 of the National Housing Act (12 U.S.C.
1715u) is amended to read as follows:
``authority to assist mortgagors in default
``Sec. 230. (a) Payment of Partial Claim.--The Secretary may
establish a program for payment of a partial claim to a mortgagee that
agrees to apply the claim amount to payment of a mortgage on a 1- to 4-
family residence that is in default. Any such payment under such
program to the mortgagee shall be made in the sole discretion of the
Secretary and on terms and conditions acceptable to the Secretary,
except that--
``(1) the amount of the payment shall be in an amount
determined by the Secretary, not to exceed an amount equivalent
to 12 of the monthly mortgage payments and any costs related to
the default that are approved by the Secretary; and
``(2) the mortgagor shall agree to repay the amount of the
insurance claim to the Secretary upon terms and conditions
acceptable to the Secretary.
The Secretary may pay the mortgagee, from the appropriate insurance
fund, in connection with any activities that the mortgagee is required
to undertake concerning repayment by the mortgagor of the amount owed
to the Secretary.
``(b) Assignment.--
``(1) Program authority.--The Secretary may establish a
program for assignment to the Secretary, upon request of the
mortgagee, of a mortgage on a 1- to 4-family residence insured
under this Act.
``(2) Program requirements.--The Secretary may accept
assignment of a mortgage under a program under this subsection
only if--
``(A) the mortgage was in default;
``(B) the mortgagee has modified the mortgage to
cure the default and provide for mortgage payments
within the reasonable ability of the mortgagor to pay,
at interest rates not exceeding current market interest
rates; and
``(C) the Secretary arranges for servicing of the
assigned mortgage by a mortgagee (which may include the
assigning mortgagee) through procedures that the
Secretary has determined to be in the best interests of
the appropriate insurance fund.
``(3) Payment of insurance benefits.--Upon accepting
assignment of a mortgage under a program established under this
subsection, the Secretary may pay insurance benefits to the
mortgagee from the appropriate insurance fund, in an amount
that the Secretary determines to be appropriate, not to exceed
the amount necessary to compensate the mortgagee for the
assignment and any losses and expenses resulting from the
mortgage modification.
``(c) Prohibition of judicial review.--No decision by the Secretary
to exercise or forego exercising any authority under this section shall
be subject to judicial review.
``(d) Savings Provision.--Any mortgage for which the mortgagor has
applied to the Secretary, before the date of enactment of the
Departments of Veterans Affairs and Housing and Urban Development, and
Independent Agencies Appropriations Act, 1996, for assignment pursuant
to subsection (b) of this section as in effect before such date of
enactment shall continue to be governed by the provisions of this
section, as in effect immediately before such date of enactment.
``(e) Applicability of Other Laws.--No provision of this Act, or
any other law, shall be construed to require the Secretary to provide
an alternative to foreclosure for mortgagees with mortgages on 1- to 4-
family residences insured by the Secretary under this Act, or to accept
assignments of such mortgages.''.
(c) Applicability of Amendments.--Except as provided in subsection
(e), the amendments made by subsections (a) and (b) shall apply only
with respect to mortgages insured under the National Housing Act that
are originated before October 1, 1995.
(d) Regulations.--Not later than 60 days after the date of
enactment of this Act, the Secretary of Housing and Urban Development
shall issue interim regulations to implement this section and the
amendments made by this section.
(e) Effectiveness and Applicability.--If this Act is enacted after
the date of enactment of the Balanced Budget Act of 1995--
(1) subsections (a), (b), (c), and (d) of this section
shall not take effect; and
(2) section 2052(c) of the Balanced Budget Act of 1995 is
amended by striking ``that are originated on or after October
1, 1995'' and inserting in lieu thereof ``that are originated
before, during, and after fiscal year 1996.''.
This Act may be cited as ``The Balanced Budget Downpayment Act,
I''.
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