[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3666 Public Print (PP)]
104th CONGRESS
2d Session
H. R. 3666
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 6, 1996
Ordered to be printed with the amendments of the Senate numbered
_______________________________________________________________________
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, 1997, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the following sums
are appropriated, out of any money in the Treasury not otherwise
appropriated, for the Departments of Veterans Affairs and Housing and
Urban Development, and for sundry independent agencies, boards,
commissions, corporations, and offices for the fiscal year ending
September 30, 1997, and for other purposes, namely:
TITLE I
DEPARTMENT OF VETERANS AFFAIRS
Veterans Benefits Administration
compensation and pensions
(including transfers of funds)
For the payment of compensation benefits to or on behalf of
veterans as authorized by law (38 U.S.C. 107, chapters 11, 13, 51, 53,
55, and 61); pension benefits to or on behalf of veterans as authorized
by law (38 U.S.C. chapters 15, 51, 53, 55, and 61; 92 Stat. 2508); and
burial benefits, emergency and other officers' retirement pay,
adjusted-service credits and certificates, payment of premiums due on
commercial life insurance policies guaranteed under the provisions of
Article IV of the Soldiers' and Sailors' Civil Relief Act of 1940, as
amended, and for other benefits as authorized by law (38 U.S.C. 107,
1312, 1977, and 2106, chapters 23, 51, 53, 55, and 61; 50 U.S.C. App.
540-548; 43 Stat. 122, 123; 45 Stat. 735; 76 Stat. 1198);
(1)<DELETED>$18,497,854,000 </DELETED>$18,671,259,000, to remain
available until expended: Provided, That not to exceed $26,417,000 of
the amount appropriated shall be reimbursed to ``General operating
expenses'' and ``Medical care'' for necessary expenses in implementing
those provisions authorized in the Omnibus Budget Reconciliation Act of
1990, and in the Veterans' Benefits Act of 1992 (38 U.S.C. chapters 51,
53, and 55), the funding source for which is specifically provided as
the ``Compensation and pensions'' appropriation: Provided further, That
such sums as may be earned on an actual qualifying patient basis, shall
be reimbursed to ``Medical facilities revolving fund'' to augment the
funding of individual medical facilities for nursing home care provided
to pensioners as authorized by the Veterans' Benefits Act of 1992 (38
U.S.C. chapter 55).
readjustment benefits
For the payment of readjustment and rehabilitation benefits to or
on behalf of veterans as authorized by 38 U.S.C. chapters 21, 30, 31,
34, 35, 36, 39, 51, 53, 55, and 61, (2)<DELETED>$1,227,000,000
</DELETED>$1,377,000,000, to remain available until expended: Provided,
That funds shall be available to pay any court order, court award or
any compromise settlement arising from litigation involving the
vocational training program authorized by section 18 of Public Law 98-
77, as amended.
veterans insurance and indemnities
For military and naval insurance, national service life insurance,
servicemen's indemnities, service-disabled veterans insurance, and
veterans mortgage life insurance as authorized by 38 U.S.C. chapter 19;
70 Stat. 887; 72 Stat. 487, $38,970,000, to remain available until
expended.
guaranty and indemnity program account
(including transfer of funds)
For the cost of direct and guaranteed loans, such sums as may be
necessary to carry out the program, as authorized by 38 U.S.C. chapter
37, as amended: Provided, That such costs, including the cost of
modifying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974, as amended.
In addition, for administrative expenses to carry out the direct
and guaranteed loan programs, $105,226,000, which may be transferred to
and merged with the appropriation for ``General operating expenses''.
loan guaranty program account
(including transfer of funds)
For the cost of direct and guaranteed loans, such sums as may be
necessary to carry out the program, as authorized by 38 U.S.C. chapter
37, as amended: Provided, That such costs, including the cost of
modifying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974, as amended.
In addition, for administrative expenses to carry out the direct
and guaranteed loan programs, $33,810,000, which may be transferred to
and merged with the appropriation for ``General operating expenses''.
direct loan program account
(including transfer of funds)
For the cost of direct loans, such sums as may be necessary to
carry out the program, as authorized by 38 U.S.C. chapter 37, as
amended: Provided, That such costs, including the cost of modifying
such loans, shall be as defined in section 502 of the Congressional
Budget Act of 1974, as amended: Provided further, That during 1997,
within the resources available, not to exceed $300,000 in gross
obligations for direct loans are authorized for specially adapted
housing loans.
In addition, for administrative expenses to carry out the direct
loan program, $80,000, which may be transferred to and merged with the
appropriation for ``General operating expenses''.
education loan fund program account
(including transfer of funds)
For the cost of direct loans, $1,000, as authorized by 38 U.S.C.
3698, as amended: Provided, That such costs, including the cost of
modifying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974, as amended: Provided further, That
these funds are available to subsidize gross obligations for the
principal amount of direct loans not to exceed $3,000.
In addition, for administrative expenses necessary to carry out the
direct loan program, $195,000, which may be transferred to and merged
with the appropriation for ``General operating expenses''.
vocational rehabilitation loans program account
(including transfer of funds)
For the cost of direct loans, $49,000, as authorized by 38 U.S.C.
chapter 31, as amended: Provided, That such costs, including the cost
of modifying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974, as amended: Provided further, That
these funds are available to subsidize gross obligations for the
principal amount of direct loans not to exceed (3)<DELETED>$1,964,000
</DELETED>$2,822,000.
In addition, for administrative expenses necessary to carry out the
direct loan program, $377,000, which may be transferred to and merged
with the appropriation for ``General operating expenses''.
native american veteran housing loan program account
(including transfer of funds)
For administrative expenses to carry out the direct loan program
authorized by 38 U.S.C. chapter 37, subchapter V, as amended, $205,000,
which may be transferred to and merged with the appropriation for
``General operating expenses''.
Veterans Health Administration
medical care
For necessary expenses for the maintenance and operation of
hospitals, nursing homes, and domiciliary facilities; for furnishing,
as authorized by law, inpatient and outpatient care and treatment to
beneficiaries of the Department of Veterans Affairs, including care and
treatment in facilities not under the jurisdiction of the Department;
and furnishing recreational facilities, supplies, and equipment;
funeral, burial, and other expenses incidental thereto for
beneficiaries receiving care in the Department; administrative expenses
in support of planning, design, project management, real property
acquisition and disposition, construction and renovation of any
facility under the jurisdiction or for the use of the Department;
oversight, engineering and architectural activities not charged to
project cost; repairing, altering, improving or providing facilities in
the several hospitals and homes under the jurisdiction of the
Department, not otherwise provided for, either by contract or by the
hire of temporary employees and purchase of materials; uniforms or
allowances therefor, as authorized by 5 U.S.C. 5901-5902; aid to State
homes as authorized by 38 U.S.C. 1741; and not to exceed $8,000,000 to
fund cost comparison studies as referred to in 38 U.S.C. 8110(a)(5);
$17,008,447,000, plus reimbursements: Provided, That of the funds made
available under this heading, (4)<DELETED>$570,000,000
</DELETED>$596,000,000 is for the equipment and land and structures
object classifications only, which amount shall not become available
for obligation until August 1, 1997, and shall remain available until
September 30, 1998.
medical and prosthetic research
For necessary expenses in carrying out programs of medical and
prosthetic research and development as authorized by 38 U.S.C. chapter
73, to remain available until September 30, 1998,
(5)<DELETED>$257,000,000 </DELETED>$262,000,000, plus reimbursements.
medical administration and miscellaneous operating expenses
For necessary expenses in the administration of medical, hospital,
nursing home, domiciliary, construction, supply, and research
activities, as authorized by law; administrative expenses in support of
planning, design, project management, architectural, engineering, real
property acquisition and disposition, construction and renovation of
any facility under the jurisdiction or for the use of the Department of
Veterans Affairs, including site acquisition; engineering and
architectural activities not charged to project cost; and research and
development in building construction technology;
(6)<DELETED>$59,207,000 </DELETED>$62,207,000, plus reimbursements.
transitional housing loan program
(including transfer of funds)
For the cost of direct loans, $7,000, as authorized by Public Law
102-54, section 8, which shall be transferred from the ``General post
fund'': Provided, That such costs, including the cost of modifying such
loans, shall be as defined in section 502 of the Congressional Budget
Act of 1974, as amended: Provided further, That these funds are
available to subsidize gross obligations for the principal amount of
direct loans not to exceed $70,000.
In addition, for administrative expenses to carry out the direct
loan program, $54,000, which shall be transferred from the ``General
post fund'', as authorized by Public Law 102-54, section 8.
Departmental Administration
general operating expenses
For necessary operating expenses of the Department of Veterans
Affairs, not otherwise provided for, including uniforms or allowances
therefor; not to exceed $25,000 for official reception and
representation expenses; hire of passenger motor vehicles; and
reimbursement of the General Services Administration for security guard
services, and the Department of Defense for the cost of overseas
employee mail; (7)<DELETED>$823,584,000 </DELETED>$813,730,000:
Provided (8)<DELETED>further</DELETED>, That during fiscal year 1997,
notwithstanding any other provision of law, the number of individuals
employed by the Department of Veterans Affairs (1) in other than
``career appointee'' positions in the Senior Executive Service shall
not exceed 6, and (2) in schedule C positions shall not exceed 11:
Provided further, That funds under this heading shall be available to
administer the Service Members Occupational Conversion and Training
Act.
national cemetery system
For necessary expenses for the maintenance and operation of the
National Cemetery System, not otherwise provided for, including
uniforms or allowances therefor; cemeterial expenses as authorized by
law; purchase of two passenger motor vehicles for use in cemeterial
operations; and hire of passenger motor vehicles, $76,864,000.
office of inspector general
For necessary expenses of the Office of Inspector General in
carrying out the Inspector General Act of 1978, as amended,
$30,900,000.
construction, major projects
For constructing, altering, extending and improving any of the
facilities under the jurisdiction or for the use of the Department of
Veterans Affairs, or for any of the purposes set forth in sections 316,
2404, 2406, 8102, 8103, 8106, 8108, 8109, 8110, and 8122 of title 38,
United States Code, including planning, architectural and engineering
services, maintenance or guarantee period services costs associated
with equipment guarantees provided under the project, services of
claims analysts, offsite utility and storm drainage system construction
costs, and site acquisition, where the estimated cost of a project is
$3,000,000 or more or where funds for a project were made available in
a previous major project appropriation, (9)<DELETED>$245,358,000
</DELETED>$178,250,000, to remain available until expended: Provided,
That except for advance planning of projects funded through the advance
planning fund and the design of projects funded through the design
fund, none of these funds shall be used for any project which has not
been considered and approved by the Congress in the budgetary process:
Provided further, That funds provided in this appropriation for fiscal
year 1997, for each approved project shall be obligated (1) by the
awarding of a construction documents contract by September 30, 1997,
and (2) by the awarding of a construction contract by September 30,
1998: Provided further, That the Secretary shall promptly report in
writing to the Comptroller General and to the Committees on
Appropriations any approved major construction project in which
obligations are not incurred within the time limitations established
above; and the Comptroller General shall review the report in
accordance with the procedures established by section 1015 of the
Impoundment Control Act of 1974 (title X of Public Law 93-344):
Provided further, That no funds from any other account except the
``Parking revolving fund'', may be obligated for constructing,
altering, extending, or improving a project which was approved in the
budget process and funded in this account until one year after
substantial completion and beneficial occupancy by the Department of
Veterans Affairs of the project or any part thereof with respect to
that part only.
construction, minor projects
For constructing, altering, extending, and improving any of the
facilities under the jurisdiction or for the use of the Department of
Veterans Affairs, including planning, architectural and engineering
services, maintenance or guarantee period services costs associated
with equipment guarantees provided under the project, services of
claims analysts, offsite utility and storm drainage system construction
costs, and site acquisition, or for any of the purposes set forth in
sections 316, 2404, 2406, 8102, 8103, 8106, 8108, 8109, 8110, and 8122
of title 38, United States Code, where the estimated cost of a project
is less than $3,000,000; (10)<DELETED>$160,000,000
</DELETED>$190,000,000, to remain available until expended, along with
unobligated balances of previous ``Construction, minor projects''
appropriations which are hereby made available for any project where
the estimated cost is less than $3,000,000: Provided, That funds in
this account shall be available for (1) repairs to any of the
nonmedical facilities under the jurisdiction or for the use of the
Department which are necessary because of loss or damage caused by any
natural disaster or catastrophe, and (2) temporary measures necessary
to prevent or to minimize further loss by such causes.
parking revolving fund
For the parking revolving fund as authorized by 38 U.S.C. 8109,
(11)<DELETED>$12,300,000, together with </DELETED>income from fees
collected, to remain available until expended, which shall be available
for all authorized expenses except operations and maintenance costs,
which will be funded from ``Medical care''.
grants for construction of state extended care facilities
For grants to assist States to acquire or construct State nursing
home and domiciliary facilities and to remodel, modify or alter
existing hospital, nursing home and domiciliary facilities in State
homes, for furnishing care to veterans as authorized by 38 U.S.C. 8131-
8137, $47,397,000, to remain available until expended.
grants for the construction of state veterans cemeteries
For grants to aid States in establishing, expanding, or improving
State veteran cemeteries as authorized by 38 U.S.C. 2408, $1,000,000,
to remain available until expended.
franchise fund
(including transfer of funds)
There is hereby established in the Treasury a franchise fund pilot,
as authorized by section 403 of Public Law 103-356, to be available as
provided in such section for expenses and equipment necessary for the
maintenance and operation of such administrative services as the
Secretary determines may be performed more advantageously as central
services: Provided, That any inventories, equipment and other assets
pertaining to the services to be provided by the franchise fund, either
on hand or on order, less the related liabilities or unpaid
obligations, and any appropriations made hereafter for the purpose of
providing capital, shall be used to capitalize the franchise fund:
Provided further, That the franchise fund may be paid in advance from
funds available to the Department and other Federal agencies for which
such centralized services are performed, at rates which will return in
full all expenses of operation, including accrued leave, depreciation
of fund plant and equipment, amortization of automated data processing
(ADP) software and systems (either acquired or donated), and an amount
necessary to maintain a reasonable operating reserve, as determined by
the Secretary: Provided further, That the franchise fund shall provide
services on a competitive basis: Provided further, That an amount not
to exceed four percent of the total annual income to such fund may be
retained in the fund for fiscal year 1997 and each fiscal year
thereafter, to remain available until expended, to be used for the
acquisition of capital equipment and for the improvement and
implementation of Departmental financial management, ADP, and other
support systems: Provided further, That no later than thirty days after
the end of each fiscal year amounts in excess of this reserve
limitation shall be transferred to the Treasury: Provided further, That
such franchise fund pilot shall terminate pursuant to section 403(f) of
Public Law 103-356.
administrative provisions
(including transfer of funds)
Sec. 101. Any appropriation for 1997 for ``Compensation and
pensions'', ``Readjustment benefits'', and ``Veterans insurance and
indemnities'' may be transferred to any other of the mentioned
appropriations.
Sec. 102. Appropriations available to the Department of Veterans
Affairs for 1997 for salaries and expenses shall be available for
services authorized by 5 U.S.C. 3109.
Sec. 103. No appropriations in this Act for the Department of
Veterans Affairs (except the appropriations for ``Construction, major
projects'', ``Construction, minor projects'', and the ``Parking
revolving fund'') shall be available for the purchase of any site for
or toward the construction of any new hospital or home.
Sec. 104. No appropriations in this Act for the Department of
Veterans Affairs shall be available for hospitalization or examination
of any persons (except beneficiaries entitled under the laws bestowing
such benefits to veterans, and persons receiving such treatment under 5
U.S.C. 7901-7904 or 42 U.S.C. 5141-5204), unless reimbursement of cost
is made to the ``Medical care'' account at such rates as may be fixed
by the Secretary of Veterans Affairs.
Sec. 105. Appropriations available to the Department of Veterans
Affairs for fiscal year 1997 for ``Compensation and pensions'',
``Readjustment benefits'', and ``Veterans insurance and indemnities''
shall be available for payment of prior year accrued obligations
required to be recorded by law against the corresponding prior year
accounts within the last quarter of fiscal year 1996.
Sec. 106. Appropriations accounts available to the Department of
Veterans Affairs for fiscal year 1997 shall be available to pay prior
year obligations of corresponding prior year appropriations accounts
resulting from title X of the Competitive Equality Banking Act, Public
Law 100-86, except that if such obligations are from trust fund
accounts they shall be payable from ``Compensation and pensions''.
Sec. 107. Notwithstanding any other provision of law, during fiscal
year 1997, the Secretary of Veterans Affairs shall, from the National
Service Life Insurance Fund (38 U.S.C. 1920), the Veterans' Special
Life Insurance Fund (38 U.S.C. 1923), and the United States Government
Life Insurance Fund (38 U.S.C. 1955), reimburse the ``General operating
expenses'' account for the cost of administration of the insurance
programs financed through those accounts: Provided, That reimbursement
shall be made only from the surplus earnings accumulated in an
insurance program in fiscal year 1997, that are available for dividends
in that program after claims have been paid and actuarially determined
reserves have been set aside: Provided further, That if the cost of
administration of an insurance program exceeds the amount of surplus
earnings accumulated in that program, reimbursement shall be made only
to the extent of such surplus earnings: Provided further, That the
Secretary shall determine the cost of administration for fiscal year
1997, which is properly allocable to the provision of each insurance
program and to the provision of any total disability income insurance
included in such insurance program.
(12)Sec. 108. (a) The Secretary of Veterans Affairs may convey,
without consideration, to the City of Tuscaloosa, Alabama (in this
section referred to as the ``City''), all right, title, and interest of
the United States in and to a parcel of real property, including any
improvements thereon, in the northwest quarter of section 28, township
21 south, range 9 west, of Tuscaloosa County, Alabama, comprising a
portion of the grounds of the Department of Veterans Affairs medical
center, Tuscaloosa, Alabama, and consisting of approximately 9.42
acres, more or less.
(b) The conveyance under subsection (a) shall be subject to the
condition that the City use the real property conveyed under that
subsection in perpetuity solely for public park or recreational
purposes.
(c) The exact acreage and legal description of the real property to
be conveyed pursuant to this section shall be determined by a survey
satisfactory to the Secretary of Veterans Affairs. The cost of such
survey shall be borne by the City.
(d) The Secretary of Veterans Affairs may require such additional
terms and conditions in connection with the conveyance under this
section as the Secretary considers appropriate to protect the interests
of the United States.
TITLE II
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Housing Programs
(13)<DELETED>annual contributions for assisted housing
<DELETED>(including rescission)</DELETED>
<DELETED> For assistance under the United States Housing Act of
1937, as amended (the ``Act'' herein) (42 U.S.C. 1437), not otherwise
provided for, $5,272,000,000 (reduced by $140,000,000), to remain
available until expended: Provided, That of the total amount provided
under this head, $4,472,000,000 shall be for assistance under the
United States Housing Act of 1937 (42 U.S.C. 1437) for use in
connection with expiring or terminating section 8 subsidy contracts of
which $875,000,000 shall be available on September 15, 1997: Provided
further, That the Secretary may determine not to apply section
8(o)(6)(B) of the Act to housing vouchers during fiscal year 1997:
Provided further, That of the total amount provided under this head,
$800,000,000 (reduced by $140,000,000) 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: 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.</DELETED>
<DELETED>housing for special populations: elderly and
disabled</DELETED>
<DELETED> For capital advances, including amendments to capital
advance contracts, and for project rental assistance and amendments
thereto, for Supportive Housing for the Elderly under section 202 of
the Housing Act of 1959, as amended, $595,000,000 (increased by
$100,000,000), to remain available until expended.</DELETED>
<DELETED> For capital advances, including amendments to capital
advance contracts, and for project rental assistance and amendments
thereto, for Supportive Housing for Persons with Disabilities under
section 811 of the Cranston-Gonzalez National Affordable Housing Act,
$174,000,000 (increased by $40,000,000), to remain available until
expended, of which 25 percent shall be used for tenant-based rental
assistance under section 8(o) of the United States Housing Act of 1937
(42 U.S.C. 1437(o)), in addition to any other amounts available for
section 8(o).</DELETED>
<DELETED> The Secretary may waive any provision of section 202 of
the Housing Act of 1959 and section 811 of the Cranston-Gonzalez
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.</DELETED>
<DELETED>flexible subsidy fund</DELETED>
<DELETED>(including transfer of funds)</DELETED>
<DELETED> From the fund established by section 236(g) of the
National Housing Act, as amended, all uncommitted balances of excess
rental charges as of September 30, 1996, and any collection during
fiscal year 1997, shall be transferred, as authorized under such
section, to the fund authorized under section 201(j) of the Housing and
Community Development Amendments of 1978, as amended.</DELETED>
<DELETED>rental housing assistance</DELETED>
<DELETED>(rescission)</DELETED>
<DELETED> The limitation otherwise applicable to the maximum
payments that may be required in any fiscal year by all contracts
entered into under section 236 of the National Housing Act (12 U.S.C.
1715z-1) is reduced in fiscal year 1997 by not more than $2,000,000 in
uncommitted balances of authorizations provided for this purpose in
appropriations Acts.</DELETED>
<DELETED>Public and Indian Housing</DELETED>
<DELETED>housing certificate fund</DELETED>
<DELETED> For tenant-based assistance under section 8 of the United
States Housing Act of 1937 (42 U.S.C. 1437f), as amended, $166,000,000,
to remain available until expended: Provided, That of the total amount
provided under this head, $50,000,000 shall be for nonelderly disabled
families relocating pursuant to designation of a public housing
development under section 7 of such Act: Provided further, That the
remainder of the amount provided under this head shall be used only for
housing assistance for relocating residents of properties (i) that are
eligible for assistance under the Low Income Housing Preservation and
Resident Homeownership Act of 1990 (LIHPRHA) or the Emergency Low-
Income Housing Preservation Act of 1987 (ELIHPA) in accordance with the
terms and conditions of the tenth and eleventh provisos of the second
undesignated paragraph under the head ``Annual Contributions for
Assisted Housing'' in Public Law 104-134; (ii) that are owned by the
Secretary and being disposed of; (iii) for which section 8 assistance
is allocated under subsection (f) of section 204 of this Act (relating
to portfolio reengineering); or (iv) subject to special workout
assistance team intervention compliance actions: Provided further, That
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 1997 of
such assistance on behalf of any family for any reason, but not later
than October 1, 1997, 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: Provided
further, That 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--
</DELETED>
<DELETED> (1) in the third sentence by inserting ``and
fiscal year 1997'' after ``1995''; and</DELETED>
<DELETED> (2) in the last sentence by inserting ``and fiscal
year 1997'' after ``1995''.</DELETED>
<DELETED>public housing operating fund</DELETED>
<DELETED> For payments to public housing agencies and Indian housing
authorities for operating subsidies for low-income housing projects as
authorized by section 9 of the United States Housing Act of 1937, as
amended (42 U.S.C. 1437g), $2,850,000,000.</DELETED>
<DELETED>public housing capital fund</DELETED>
<DELETED>(including transfers of funds)</DELETED>
<DELETED> For the Public Housing Capital Fund program under the
United States Housing Act of 1937, as amended (42 U.S.C. 1437),
$2,700,000,000, to remain available until expended, of which
$2,415,000,000 shall be for modernization of existing public housing
projects; $200,000,000 for Indian Housing Development; $50,000,000 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, and other low-income
families and individuals, principally for the benefit of public housing
residents, to become self-sufficient; $20,000,000 for technical
assistance 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 or for carrying
out activities under section 6(j) of the Act; $10,000,000 for the
Tenant Opportunity Program; and $5,000,000 for the Jobs-Plus
Demonstration for Public Housing families: Provided, That all obligated
and unobligated balances as of the end of fiscal year 1996 heretofore
provided for the development or acquisition costs of public housing
(including public housing for Indian families), for modernization of
existing public housing projects (including such projects for Indian
families), for public and Indian housing amendments, for modernization
and development technical assistance, for lease adjustments for the
section 23 program, and for the Family Investment Centers program shall
be transferred to amounts made available under this heading.</DELETED>
<DELETED>revitalization of severely distressed public housing (hope
vii)</DELETED>
<DELETED> For grants to public housing agencies for assisting in 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; and for providing replacement housing and
assisting tenants to be displaced by the demolition, $550,000,000, to
remain available until expended, of which the Secretary may use up to
$2,500,000 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, That,
notwithstanding any other provision of law, the funds made available to
the Housing Authority of New Orleans under HOPE VI for purposes of
Desire Homes, shall not be obligated or expended for on-site
construction until an independent third party has determined whether
the site is appropriate.</DELETED>
<DELETED>drug elimination grants for low-income housing</DELETED>
<DELETED>(including transfer of funds)</DELETED>
<DELETED> For grants to public and Indian housing agencies for use
in eliminating crime in public housing projects authorized by 42 U.S.C.
11901-11908, for grants for federally assisted low-income housing
authorized by 42 U.S.C. 11909, and for drug information clearinghouse
services authorized by 42 U.S.C. 11921-11925, $290,000,000, to remain
available until expended, $10,000,000 of which 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), $5,000,000 of which shall be used in
connection with efforts to combat violent crime in public and assisted
housing under the Operation Safe Home program administered by the
Inspector General of the Department of Housing and Urban Development,
and $5,000,000 of which shall be transferred to the Office of Inspector
General for Operation Safe Home: Provided, That the term ``drug-related
crime'', as defined in 42 U.S.C. 11905(2), shall also include other
types of crime as determined by the Secretary.</DELETED>
(14)development of additional new subsidized housing
For assistance for the purchase, construction, acquisition, or
development of additional public and subsidized housing units for low
income families under the United States Housing Act of 1937, as amended
(``the Act'' herein) (42 U.S.C. 1437), not otherwise provided for,
$969,464,442, to remain available until expended: Provided, That of the
total amount provided under this head, $595,000,000 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 $174,000,000 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 further, That the Secretary may designate up to
25 percent of the amounts earmarked under this paragraph for section
811 of the Cranston-Gonzalez National Affordable Housing Act for
tenant-based assistance, as authorized under that section, which
assistance is five years in duration: Provided further, That the
Secretary may waive any provision of section 202 of the Housing Act of
1959 and section 811 of the National Affordable Housing Act (including
the provisions governing the terms and conditions of project rental
assistance and tenant-based 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: Provided further,
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, the Secretary shall provide $464,442 to the Utah
Housing Finance Agency, in lieu of amounts lost to such agency in bond
refinancings during 1994, for its use in accordance with the
immediately preceding proviso.
prevention of resident displacement
For activities and assistance to prevent the involuntary
displacement of low-income families, the elderly and the disabled
because of the loss of affordable housing stock, expiration of subsidy
contracts or expiration of use restrictions, or other changes in
housing assistance arrangements, $4,775,000,000, to remain available
until expended: Provided, That of the total amount provided under this
head, $3,800,000,000 shall be for assistance under the United States
Housing Act of 1937 (42 U.S.C. 1437) for use in connection with
expiring or terminating section 8 subsidy contracts: Provided further,
That the Secretary may determine not to apply section 8(o)(6)(B) of the
Act to housing vouchers during fiscal year 1997: Provided further, That
of the total amount provided under this head, $800,000,000 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:
Provided further, That of the total amount provided under this head,
$175,000,000 shall be for assistance under the United States Housing
Act of 1937 (42 U.S.C. 1437) for nonelderly disabled families
relocating pursuant to designation of a public housing development
under section 7 of such Act, for a demonstration linking housing
assistance to State welfare reform initiatives to help families make
the transition from welfare to work and for housing assistance for
relocating residents of properties (i) that are owned by the Secretary
and being disposed of; (ii) that are discontinuing section 8 project-
based assistance; or (iii) subject to special workout assistance team
intervention compliance actions: Provided, That of the total amount
made available under this head, $50,000,000 shall be made available to
nonelderly disabled families affected by the designation of a public
housing development under section 7 of such Act or the establishment of
preferences in accordance with section 651 of the Housing and Community
Development Act of 1992 (42 U.S.C. 13611).
preserving existing housing investment
For operating, maintaining, revitalizing, rehabilitating,
preserving, and protecting existing housing developments for low income
families, the elderly and the disabled, $6,740,000,000, to remain
available until expended: Provided, That of the total amount made
available under this head, $2,900,000,000 shall be available for
payments to public housing agencies and Indian housing authorities for
operating subsidies for low-income housing projects as authorized by
section 9 of the United States Housing Act of 1937, as amended (42
U.S.C. 1437g): Provided further, That of the total amount made
available under this head, $2,500,000,000 shall be available for
modernization of existing public housing projects as authorized under
section 14 of the United States Housing Act of 1937, as amended (42
U.S.C. 1437l): Provided further, That of the total amount made
available under this head, $550,000,000 shall be for grants to public
housing agencies for assisting in 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; and for providing replacement housing and assisting
tenants to be displaced by the demolition, of which the Secretary may
use up to $2,500,000 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 of the
total amount provided under this head, $500,000,000 shall be available
for use in conjunction with properties that are eligible for assistance
under the Low Income Housing Preservation and Resident Homeownership
Act of 1990 (LIHPRHA) or the Emergency Low-Income Housing Preservation
Act of 1987 (ELIHPA): Provided further, That amounts recaptured from
interest reduction payment contracts for section 236 projects whose
owners prepay their mortgages during fiscal year 1997 shall be
rescinded: Provided further, That the Secretary may continue to impose
a moratorium on the acceptance of initial notices of intent by
potential recipients of such funding: Provided further, That funding
shall be limited to: (1) tenant-based assistance under the terms of the
tenth and eleventh provisos of the second undesignated paragraph under
the ``Annual Contributions for Assisted Housing'' head of the
Departments of Veterans Affairs and Housing and Urban Development, and
Independent Agencies Appropriations Act, 1996; (2) plans of action for
sales of projects to nonprofit organizations, tenant-sponsored
organizations and other priority purchasers; (3) projects that are
subject to a repayment or settlement agreement that was executed
between the owner and the Secretary prior to September 1, 1995; (4)
projects for which submissions were delayed as a result of their
location in areas that were designated as a Federal disaster area in a
Presidential Disaster Declaration; and (5) projects whose processing
was, in fact, or in practical effect, suspended, deferred, or
interrupted for a period of nine months or more because of differing
interpretations, by the Secretary and an owner concerning the timing of
the ability of an uninsured section 236 property to prepay or by the
Secretary and a State or local rent regulatory agency, concerning the
effect of a presumptively applicable State or local rent control law or
regulation on the determination of preservation value under section 213
of LIHPRHA, as amended, if the owner of such project filed a notice of
intent to extend the low-income affordability restrictions of the
housing, or transfer to a qualified purchaser who would extend such
restrictions, on or before November 1, 1993: Provided further, That
priority shall be given to funding tenant-based assistance under the
terms of the tenth and eleventh provisos of the second undesignated
paragraph under the ``Annual Contributions for Assisted Housing'' head
of the Departments of Veterans Affairs and Housing and Urban
Development, and Independent Agencies Appropriations Act, 1996, and
plans of action for sales of projects to nonprofit organizations,
tenant-sponsored organizations, and other priority purchasers: Provided
further, That the Secretary may give priority to funding approved plans
of action for the following projects: (1) projects that are subject to
a repayment or settlement agreement that was executed between the owner
and the Secretary prior to September 1, 1995; (2) projects for which
submissions were delayed as a result of their location in areas that
were designated as a Federal disaster area in a Presidential Disaster
Declaration; and (3) projects whose processing was, in fact, or in
practical effect, suspended, deferred, or interrupted for a period of
nine months or more because of differing interpretations, by the
Secretary and an owner concerning the timing of the ability of an
uninsured section 236 property to prepay or by the Secretary and a
State or local rent regulatory agency, concerning the effect of a
presumptively applicable State or local rent control law or regulation
on the determination of preservation value under section 213 of
LIHPRHA, as amended, if the owner of such project filed a notice of
intent to extend the low-income affordability restrictions of the
housing, or transfer to a qualified purchaser who would extend such
restrictions, on or before November 1, 1993: Provided further, That
section 241(f) of the National Housing Act is repealed and insurance
under such section shall not be offered as an incentive under LIHPRHA
and ELIHPA: Provided further, That a capital loan may be provided as an
incentive under LIHPRHA or ELIHPA on such terms and conditions as the
Secretary may prescribe: Provided further, That the following provisos
under the second undesignated heading under the ``Annual Contributions
for Assisted Housing'' head of the Departments of Veterans Affairs and
Housing and Urban Development, and Independent Agencies Appropriations
Act, 1996 shall continue in effect: the fourth proviso, the sixth
proviso, the seventh proviso, the ninth proviso, the tenth proviso, the
eleventh proviso, and the twelfth proviso: Provided further, That
notwithstanding any other provision of law, effective October 1, 1997,
the Secretary shall suspend further funding of plans of action:
Provided further, That of the total amount provided under this head
$290,000,000 shall be for grants to public and Indian housing agencies
for use in eliminating crime in public housing projects authorized by
42 U.S.C. 11901-11908, for grants for federally assisted low-income
housing authorized by 42 U.S.C. 11909, and for drug information
clearinghouse services authorized by 42 U.S.C. 11921-11925, 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), up to
$5,000,000 of which may be used in connection with efforts to combat
violent crime in public and assisted housing under the Operation Safe
Home program administered by the Inspector General of the Department of
Housing and Urban Development, and up to $5,000,000 of which may be
provided to the Office of Inspector General for Operation Safe Home:
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: Provided further, That notwithstanding
section 5130(c) of the Anti-Drug Abuse Act of 1988 (42 U.S.C.
11909(c)), the Secretary may determine not to use any such funds to
provide public housing youth sports grants.
indian housing loan guarantee fund program account
For the cost of guaranteed loans, as authorized by section 184 of
the Housing and Community Development Act of 1992 (106 Stat. 3739),
$3,000,000: Provided, That such costs, including the costs of modifying
such loans, shall be as defined in section 502 of the Congressional
Budget Act of 1974, as amended: Provided further, That these funds are
available to subsidize total loan principal, any part of which is to be
guaranteed, not to exceed $36,900,000.
Community Planning and Development
community development block grants fund
(including transfer of funds)
For grants to States and units of general local government and for
related expenses, not otherwise provided for, to carry out a community
development grants program as authorized by title I of the Housing and
Community Development Act of 1974, as amended (the ``Act'' herein) (42
U.S.C. 5301), $4,600,000,000, to remain available until September 30,
1999, (15)<DELETED>of which $300,000,000 shall become available for
obligation on September 30, 1997, and </DELETED>of which
(16)<DELETED>$61,400,000 </DELETED>$68,500,000 shall be for grants to
Indian tribes notwithstanding section 106(a)(1) of the Act: Provided,
That $2,100,000 shall be available as a grant to the Housing Assistance
Council, (17)<DELETED>$1,000,000 </DELETED>$1,500,000 shall be
available as a grant to the National American Indian Housing Council,
and $49,000,000 shall be available for grants pursuant to section 107
of such Act, including up to $14,000,000 for the development and
operation of a management information system: Provided further, That
not to exceed 20 percent of any grant made with funds appropriated
herein (other than a grant made available under the preceding proviso
to the Housing Assistance Council or the National American Indian
Housing Council, or a grant using funds under section 107(b)(3) of the
Housing and Community Development Act of 1974, as amended) shall be
expended for ``Planning and Management Development'' and
``Administration'' as defined in regulations promulgated by the
Department: Provided further, That for fiscal year 1997 and thereafter,
section 105(a)(25) of such Act, shall continue to be effective and the
termination and conforming provisions of section 907(b)(2) of the
Cranston-Gonzalez National Affordable Housing Act shall not be
effective: Provided further, That section 916(f) of the Cranston-
Gonzalez National Affordable Housing Act is repealed.
(18)Of the amount provided under this heading, the Secretary of
Housing and Urban Development may use up to $50,000,000 for grants to
public housing agencies (including Indian housing authorities),
nonprofit corporations, and other appropriate entities for a supportive
services program to assist residents of public and assisted housing,
former residents of such housing receiving tenant-based assistance
under section 8 of such Act (42 U.S.C. 1437f), and other low-income
families and individuals to become self-sufficient: Provided, That the
program shall provide supportive services, principally for the benefit
of public housing residents, to the elderly and the disabled, and to
families with children where the head of 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 applications to
demonstrate firm commitments of funding or services from other sources:
Provided further, That the Secretary shall select public and Indian
housing agencies to receive assistance under this head on a competitive
basis, taking into account the quality of the proposed program
(including any innovative approaches), the extent of the proposed
coordination of supportive services, the extent of commitments of
funding or services from other sources, the extent to which the
proposed program includes reasonably achievable, quantifiable goals for
measuring performance under the program over a three-year period, the
extent of success an agency has had in carrying out other comparable
initiatives, and other appropriate criteria established by the
Secretary.
(19)Of the amount made available under this heading,
notwithstanding any other provision of law, $20,000,000 shall be
available for grants to entities managing or operating public housing
developments, federally-assisted multifamily-housing developments, or
other multifamily-housing developments for low-income families
supported by non-Federal governmental entities or similar housing
developments supported by nonprofit private sources, to reimburse local
law enforcement entities for additional police presence in and around
such housing developments; to provide or augment such security services
by other entities or employees of the recipient agency; to assist in
the investigation and/or prosecution of drug related criminal activity
in and around such developments; and to provide assistance for the
development of capital improvements at such developments directly
relating to the security of such developments: Provided, That such
grants shall be made on a competitive basis as specified in section 102
of the HUD Reform Act.
Of the amount made available under this heading, notwithstanding
any other provision of law, (20)<DELETED>$20,000,000
</DELETED>$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 such
activities shall be an eligible activity with respect to any funds made
available under this heading.
Of the amount made available under this heading, notwithstanding
any other provision of law, $60,000,000 shall be available 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.
For the cost of guaranteed loans, $31,750,000, as authorized by
section 108 of the Housing and Community Development Act of 1974:
Provided, That such costs, including the cost of modifying such loans,
shall be as defined in section 502 of the Congressional Budget Act of
1974, as amended: Provided further, That these funds are available to
subsidize total loan principal, any part of which is to be guaranteed,
not to exceed $1,500,000,000, notwithstanding any aggregate limitation
on outstanding obligations guaranteed in section 108(k) of the Housing
and Community Development Act of 1974. In addition, for administrative
expenses to carry out the guaranteed loan program, $675,000 which shall
be transferred to and merged with the appropriation for
(21)departmental salaries and expenses.
home investment partnerships program
For the HOME investment partnerships program, as authorized under
title II of the Cranston-Gonzalez National Affordable Housing Act
(Public Law 101-625), as amended, $1,400,000,000, to remain available
until expended: Provided, That $21,000,000 shall be available for
grants to Indian Tribes: Provided further, That up to 0.5 percent, but
not less than $7,000,000, shall be available for the development and
operation of a management information system: Provided further, That
$15,000,000 shall be available for Housing Counseling under section 106
of the Housing and Urban Development Act of 1968.
homeless assistance funds
For the emergency shelter grants program (as authorized under
subtitle B of title IV of the Stewart B. McKinney Homeless Assistance
Act (Public Law 100-77), as amended); the supportive housing program
(as authorized under subtitle C of title IV of such Act); the section 8
moderate rehabilitation single room occupancy program (as authorized
under the United States Housing Act of 1937, as amended) to assist
homeless individuals pursuant to section 441 of the Stewart B. McKinney
Homeless Assistance Act; and the shelter plus care program (as
authorized under subtitle F of title IV of such Act), $823,000,000, to
remain available until expended.
housing opportunities for persons with aids
(including transfer of funds)
For carrying out the Housing Opportunities for Persons with AIDS
program, as authorized by the AIDS Housing Opportunity Act (42 U.S.C.
12901), $171,000,000, to remain available until expended: Provided,
That any amounts previously appropriated for such program, and any
related assets and liabilities, in the ``Annual contributions for
assisted housing'' account, shall be transferred to and merged with
amounts in this account.
Federal Housing Administration
fha--mutual mortgage insurance program account
(including transfers of funds)
During fiscal year 1997, commitments to guarantee loans to carry
out the purposes of section 203(b) of the National Housing Act, as
amended, shall not exceed a loan principal of $110,000,000,000:
Provided, That during fiscal year 1997, the Secretary shall sell
assigned mortgage notes having an unpaid principal balance of up to
$2,000,000,000, which notes were originally insured under section
203(b) of the National Housing Act: Provided further, That the
Secretary may use the amount of any negative subsidy resulting from the
sale of such assigned mortgage notes during fiscal year 1997 for the
purposes included under this heading.
During fiscal year 1997, obligations to make direct loans to carry
out the purposes of section 204(g) of the National Housing Act, as
amended, shall not exceed $200,000,000: Provided, That the foregoing
amount shall be for loans to nonprofit and governmental entities in
connection with sales of single family real properties owned by the
Secretary and formerly insured under section 203 of such Act.
For administrative expenses necessary to carry out the guaranteed
and direct loan program, (22)<DELETED>$341,595,000
</DELETED>$350,595,000, to be derived from the FHA-mutual mortgage
insurance guaranteed loans receipt account, of which not to exceed
(23)<DELETED>$334,483,000 </DELETED>$343,483,000 shall be transferred
to the appropriation for departmental salaries and expenses; and of
which not to exceed $7,112,000 shall be transferred to the
appropriation for the Office of Inspector General.
fha--general and special risk program account
(including transfers of funds)
For the cost of guaranteed loans, as authorized by sections 238 and
519 of the National Housing Act (12 U.S.C. 1715z-3 and 1735c),
including the cost of loan guarantee modifications (as that term is
defined in section 502 of the Congressional Budget Act of 1974, as
amended) $85,000,0000, to remain available until expended: Provided,
That these funds are available to subsidize total loan principal, any
part of which is to be guaranteed, of up to $17,400,000,000: Provided
further, That during fiscal year 1997, the Secretary shall sell
assigned notes having an unpaid principal balance of up to
$2,500,000,000, which notes are held by the Secretary under the General
Insurance and Special Risk Insurance funds: Provided further, That any
amounts made available in any prior appropriations Act for the cost (as
such term is defined in section 502 of the Congressional Budget Act of
1974) of guaranteed loans that are obligations of the funds established
under section 238 or 519 of the National Housing Act that have not been
obligated or that are deobligated shall be available to the Secretary
of Housing and Urban Development in connection with the making of such
guarantees and shall remain available until expended, notwithstanding
the expiration of any period of availability otherwise applicable to
such amounts.
Gross obligations for the principal amount of direct loans, as
authorized by sections 204(g), 207(l), 238(a), and 519(a) of the
National Housing Act, shall not exceed $120,000,000; of which not to
exceed $100,000,000 shall be for bridge financing in connection with
the sale of multifamily real properties owned by the Secretary and
formerly insured under such Act; and of which not to exceed $20,000,000
shall be for loans to nonprofit and governmental entities in connection
with the sale of single-family real properties owned by the Secretary
and formerly insured under such Act.
In addition, for administrative expenses necessary to carry out the
guaranteed and direct loan programs, (24)<DELETED>$202,470,000, of
which $198,299,000 </DELETED>$207,470,000, of which $203,299,000 shall
be transferred to the appropriation for (25)departmental salaries and
expenses; and of which $4,171,000 shall be transferred to the
appropriation for the Office of Inspector General.
Government National Mortgage Association
guarantees of mortgage-backed securities loan guarantee program account
(including transfer of funds)
During fiscal year 1997, new commitments to issue guarantees to
carry out the purposes of section 306 of the National Housing Act, as
amended (12 U.S.C. 1721(g)), shall not exceed $110,000,000,000.
For administrative expenses necessary to carry out the guaranteed
mortgage-backed securities program, (26)<DELETED>$9,101,000
</DELETED>$9,383,000, to be derived from the GNMA-guarantees of
mortgage-backed securities guaranteed loan receipt account, of which
not to exceed (27)<DELETED>$9,101,000 </DELETED>$9,383,000 shall be
transferred to the appropriation for (28)departmental salaries and
expenses.
Policy Development and Research
research and technology
For contracts, grants, and necessary expenses of programs of
research and studies relating to housing and urban problems, not
otherwise provided for, as authorized by title V of the Housing and
Urban Development Act of 1970, as amended (12 U.S.C. 1701z-1 et seq.),
including carrying out the functions of the Secretary under section
1(a)(1)(i) of Reorganization Plan No. 2 of 1968, $34,000,000, to remain
available until September 30, 1998.
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, $30,000,000, to remain available until September 30, 1998, of
which $15,000,000 shall be to carry out activities pursuant to section
561.
Management and Administration
salaries and expenses
(including transfer of funds)
For necessary administrative and non-administrative expenses of the
Department of Housing and Urban Development, not otherwise provided
for, including not to exceed $7,000 for official reception and
representation expenses, (29)<DELETED>$962,558,000 (reduced by
$1,411,000) (reduced by $42,000,000) </DELETED>$976,840,000, of which
(30)<DELETED>$532,782,000 </DELETED>$546,782,000 shall be provided from
the various funds of the Federal Housing Administration,
(31)<DELETED>$9,101,000 </DELETED>$9,383,000 shall be provided from
funds of the Government National Mortgage Association, and $675,000
shall be provided from the Community Development Grants Program
account.
office of inspector general
(including transfer of funds)
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978, as
amended, $52,850,000, of which $11,283,000 shall be provided from the
various funds of the Federal Housing Administration and $5,000,000
shall be (32)<DELETED>provided </DELETED>transferred from the amount
earmarked for Operation Safe Home in the Drug elimination grants for
low income housing account.
Office of Federal Housing Enterprise Oversight
salaries and expenses
(including transfer of funds)
For carrying out the Federal Housing Enterprise Financial Safety
and Soundness Act of 1992, (33)<DELETED>$14,895,000
</DELETED>$15,751,000, to remain available until expended, from the
Federal Housing Enterprise Oversight Fund: Provided, That such amounts
shall be collected by the Director as authorized by section 1316(a) and
(b) of such Act, and deposited in the Fund under section 1316(f) of
such Act.
administrative provisions
(34)<DELETED>Sec. 201. Minimum Rents.--Notwithstanding section 3(a)
and 8(o)(2) of the United States Housing Act of 1937, as amended, for
fiscal year 1997--
<DELETED> (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 up to $25;</DELETED>
<DELETED> (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 up to
$25;</DELETED>
<DELETED> (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 up to $25;
and</DELETED>
<DELETED> (4) public housing agencies shall require each
family who is assisted under the public housing program
(including public housing for Indian families) to pay a minimum
monthly rent of up to $25.</DELETED>
Sec. 201. Extenders.--(a) Public Housing Funding Flexibility.--
Section 201(a)(2) of the Departments of Veterans Affairs and Housing
and Urban Development, and Independent Agencies Appropriations Act,
1996 is amended by striking ``1996'' and inserting ``1997''.
(b) One-for-One Replacement of Public and Indian Housing.--Section
1002(d) of Public Law 104-19 is amended by striking ``before September
30, 1996'' and inserting ``on or before September 30, 1997''.
(c) Public and Assisted Housing Rents, Income Adjustments, and
Preferences.--(1) Section 402(a) of the Balanced Budget Downpayment
Act, I is amended by inserting after ``1995'' the following: ``, and
effective for fiscal year 1997''.
(2) Section 402(f) of such Act is amended by striking ``fiscal year
1996'' and inserting ``fiscal years 1996 and 1997''.
(3) The second sentence of section 230 of the Departments of
Veterans Affairs and Housing and Urban Development, and Independent
Agencies Appropriations Act, 1996 is amended by inserting before the
period the following: ``during the entire time the family receives
assistance under the United States Housing Act of 1937''.
(d) Applicability to IHAS.--In accordance with section 201(b)(2) of
the United States Housing Act of 1937, the amendments made by
subsections (a), (b), and (c) 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.
(e) Streamlining Section 8 Tenant-Based Assistance.--Section 203(d)
of the Departments of Veterans Affairs and Housing and Urban
Development, and Independent Agencies Appropriations Act, 1996 is
amended by striking ``fiscal year 1996'' and inserting ``fiscal years
1996 and 1997''.
(f) Section 8 Fair Market Rentals and Delay in Reissuance.--(1) The
first sentence of section 403(a) of the Balanced Budget Downpayment
Act, I, is amended by striking ``1996'' and inserting ``1997''.
(2) Section 403(c) of such Act is amended--
(A) by striking ``fiscal year 1996'' and inserting ``fiscal
years 1996 and 1997''; and
(B) by inserting before the semicolon the following: ``for
assistance made available during fiscal year 1996 and October
1, 1997 for assistance made available during fiscal year
1997''.
(g) Section 8 Rent Adjustments.--Section 8(c)(2)(A) of the United
States Housing Act of 1937 is amended--
(1) in the third sentence by inserting ``, fiscal year 1996
prior to April 26, 1996, and fiscal year 1997'' after ``1995'';
(2) in the fourth sentence, by striking ``For'' and
inserting ``Except for assistance under the certificate
program, for'';
(3) after the fourth sentence, by inserting the following
new sentence: ``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 market area.''; and
(4) in the last sentence, by--
(A) striking ``sentence'' and inserting ``two
sentences''; and
(B) inserting ``, fiscal year 1996 prior to April
26, 1996, and fiscal year 1997'' after ``1995''.
Sec. 202. Administrative Fees.--Notwithstanding section 8(q) of the
United States Housing Act of 1937, as amended--
(a) The Secretary shall establish fees for the cost of
administering the certificate, voucher and moderate rehabilitation
programs.
(1)(A) For fiscal year 1997, the fee for each month for
which a dwelling unit is covered by an assistance contract
shall be 7.5 percent of the base amount, adjusted as provided
herein, in the case of an agency that, on an annual basis, is
administering a program of no more than 600 units, and 7
percent of the base amount, adjusted as provided herein, for
each additional unit above 600.
(B) The base amount shall be the higher of--
(i) the fair market rental for fiscal year 1993 for
a 2-bedroom existing rental dwelling unit in the market
area of the agency; and
(ii) such fair market rental for fiscal year 1994,
but not more than 103.5 percent of the amount
determined under clause (i).
(C) The base amount shall be adjusted to reflect changes in
the wage data or other objectively measurable data that reflect
the costs of administering the program during fiscal year 1996;
except that the Secretary may require that the base amount be
not less than a minimum amount and not more than a maximum
amount.
(2) For subsequent fiscal years, the Secretary shall
publish a notice in the Federal Register, for each geographic
area, establishing the amount of the fee that would apply for
the agencies administering the program, based on changes in
wage data or other objectively measurable data that reflect the
cost of administering the program, as determined by the
Secretary.
(3) The Secretary may increase the fee if necessary to
reflect higher costs of administering small programs and
programs operating over large geographic areas.
(4) The Secretary may decrease the fee for PHA-owned units.
(b) Beginning in fiscal year 1997 and thereafter, the Secretary
shall also establish reasonable fees (as determined by the Secretary)
for--
(1) the costs of preliminary expenses, in the amount of
$500, for a public housing agency, but only in the first year
it administers a tenant-based assistance program under the
United States Housing Act of 1937 and only if, immediately
before the effective date of this Act, it was not administering
a tenant-based assistance program under the 1937 Act (as in
effect immediately before the effective date of this Act), in
connection with its initial increment of assistance received;
(2) the costs incurred in assisting families who experience
difficulty (as determined by the Secretary) in obtaining
appropriate housing under the program; and
(3) extraordinary costs approved by the Secretary.
Sec. 203. Single Family Assignment Program.--Section 407(c) of the
Balanced Budget Downpayment Act, I (12 U.S.C. 1710 note), is amended by
striking ``October 1, 1996'' and inserting ``October 1, 1997''.
Sec. 204. Flexible Authority.--During fiscal year 1997 and fiscal
years thereafter, the Secretary may manage and dispose of multifamily
properties owned by the Secretary and multifamily mortgages held by the
Secretary on such terms and conditions as the Secretary may determine,
notwithstanding any other provision of law.
(35)Sec. 205. Use of Available Funding for Homeownership.--Up to
$20,000,000 of amounts of unobligated balances that are or become
available from the Nehemiah Housing Opportunity Grant program, repealed
under section 289(b) of the Cranston-Gonzalez National Affordable
Housing Act, Public Law 101-625, shall be available for use for
activities relating to promotion and implementation of homeownership in
targeted geographic areas, as determined by the Secretary.
(36)Sec. 206. Debt Forgiveness.--The Secretary of Housing and Urban
Development shall cancel the indebtedness of the Greene County Rural
Health Center relating to a loan received under the Public Facility
Loan program to establish the health center (Loan #Mis-22-PFL0096). The
Greene County Rural Health Center is hereby relieved of all liability
to the Federal Government for such loan and any fees and charges
payable in connection with such loan.
(37)Sec. 207. Flexible Subsidy Fund.--From the fund established by
section 236(g) of the National Housing Act, as amended, all uncommitted
balances of excess rental charges as of September 30, 1996, and any
collection during fiscal year 1997, shall be transferred, as authorized
under such section, to the fund authorized under section 201(j) of the
Housing and Community Development Amendments of 1978, as amended.
(38)Sec. 208. Rental Housing Assistance.--The limitation otherwise
applicable to the maximum payments that may be required in any fiscal
year by all contracts entered into under section 236 of the National
Housing Act (12 U.S.C. 1715z-1) is reduced in fiscal year 1997 by not
more than $2,000,000 in uncommitted balances of authorizations provided
for this purpose in appropriations Acts.
(39)Sec. 209. D.C. Modernization Funding.--Notwithstanding the
provisions of section 14(k)(5)(D) of the United States Housing Act of
1937, the withheld modernization funds that became credited in fiscal
years 1993, 1994 and 1995, due to the troubled status of the former
Department of Public and Assisted Housing of the District of Columbia,
shall be made available without diminution to its successor, the
District of Columbia Housing Authority, at such time between the
effective date of this Act and the end of fiscal year 1998 as the
District of Columbia Housing Authority is no longer deemed ``mod-
troubled'' under section 6(j)(2)(A)(i) of such Act; after fiscal year
1998, the District of Columbia Housing Authority shall become subject
to the provisions of section 14(k)(5)(D) of such Act should it remain
mod-troubled.
(40)Sec. 210. Financing Adjustment Factors.--Fifty 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.
(41)SEC. 211. SECTION 8 CONTRACT RENEWAL AUTHORITY.
(a) Definitions.--For purposes of this section--
(1) the term ``expiring contract'' means a contract for
project-based assistance under section 8 of the United States
Housing Act of 1937 that expires during fiscal year 1997;
(2) the term ``family'' has the same meaning as in section
3(b) of the United States Housing Act of 1937;
(3) the term ``multifamily housing project'' means a
property consisting of more than 4 dwelling units that is
covered in whole or in part by a contract for project-based
assistance under section 8 of the United States Housing Act of
1937;
(4) the term ``owner'' has the same meaning as in section
8(f) of the United States Housing Act of 1937;
(5) the term ``project-based assistance'' means rental
assistance under section 8 of the United States Housing Act of
1937 that is attached to a multifamily housing project;
(6) the term ``public agency'' means a State housing
finance agency, a local housing agency, or other agency with a
public purpose and status;
(7) the term ``Secretary'' means the Secretary of Housing
and Urban Development; and
(8) the term ``tenant-based assistance'' has the same
meaning as in section 8(f) of the United States Housing Act of
1937.
(b) Section 8 Contract Renewal Authority.--
(1) In general.--Notwithstanding section 405(a) of the
Balanced Budget Downpayment Act, I, upon the request of the
owner of a multifamily housing project that is covered by an
expiring contract, the Secretary shall use amounts made
available for the renewal of assistance under section 8 of the
United States Housing Act of 1937 to renew the expiring
contract as project-based assistance for a period of not more
than 1 year, at rent levels that are equal to those under the
expiring contract as of the date on which the contract expires,
only if those rent levels do not exceed 120 percent of fair
market rent for the market area in which the project is
located.
(2) Exemption for state and local housing agency
projects.--Notwithstanding paragraph (1), upon the expiration
of an expiring contract with rent levels that exceed the
percentage described in that paragraph, if the Secretary
determines that the primary financing or mortgage insurance for
the multifamily housing project that is covered by that
expiring contract was provided by a public agency, the
Secretary shall, upon the request of the public agency, renew
the expiring contract--
(A) for a period of not more than 1 year; and
(B) at rent levels that are equal to those under
the expiring contract as of the date on which the
contract expires.
(3) Ineligible contracts.--
(A) Participation in demonstration.--For contracts
covering a multifamily housing project that expire
during fiscal year 1997 with rent levels that exceed
the percentage described in paragraph (1), the
Secretary shall, at the request of the owner of the
project, include that multifamily housing project in
the demonstration program under section 212 of this
Act. The Secretary shall ensure, to the maximum extent
practicable, that a project in the demonstration is
maintained as affordable for low-income families for
the maximum feasible period of time.
(B) Effect of material adverse actions or
omissions.--Notwithstanding paragraph (1) or any other
provision of law, the Secretary shall not renew an
expiring contract if the Secretary determines that the
owner of the multifamily housing project has engaged in
material adverse financial or managerial actions or
omissions with regard to the project (or with regard to
other similar projects if the Secretary determines that
such actions or omissions constitute a pattern of
mismanagement that would warrant suspension or
debarment by the Secretary).
(C) Transfer of property.--For properties
disqualified from the demonstration program because of
actions by an owner or purchaser in accordance with
subparagraph (B), the Secretary shall establish
procedures to facilitate the voluntary sale or transfer
of the property, with a preference for tenant
organizations and tenant-endorsed community-based
nonprofit and public agency purchasers meeting such
reasonable qualifications as may be established by the
Secretary.
(4) Tenant protections.--To the extent provided in advance
in an appropriations Act, any family residing in an assisted
unit in a multifamily housing project that is covered by an
expiring contract that is not renewed, shall be offered tenant-
based assistance before the date on which the contract expires
or is not renewed.
SEC. 212. FHA MULTIFAMILY DEMONSTRATION AUTHORITY.
(a) In General.--
(1) Repeal.--
(A) In general.--Section 210 of the Departments of
Veterans Affairs and Housing and Urban Development and
Independent Agencies Appropriations Act, 1996 (110
Stat. 1321) is repealed.
(B) Exception.--Notwithstanding the repeal under
subparagraph (A), amounts made available under section
210(f) the Departments of Veterans Affairs and Housing
and Urban Development and Independent Agencies
Appropriations Act, 1996 shall remain available for the
demonstration program under this section through the
end of fiscal year 1997.
(2) Savings provisions.--Nothing in this section shall be
construed to affect any commitment entered into before the date
of enactment of this Act under the demonstration program under
section 210 of the Departments of Veterans Affairs and Housing
and Urban Development and Independent Agencies Appropriations
Act, 1996.
(3) Definitions.--For purposes of this section--
(A) the term ``affordable'' means, with respect to
a dwelling unit, a unit for which the rents are
restricted to the rent levels established under a
mortgage restructuring;
(B) the term ``demonstration program'' means the
program established under subsection (b);
(C) the term ``designee'' means a third-party
public agency that enters into an arrangement with the
Secretary under subsection (b)(3);
(D) the term ``expiring contract'' means a contract
for project-based assistance under section 8 of the
United States Housing Act of 1937 that expires during
fiscal year 1997;
(E) the term ``family'' has the same meaning as in
section 3(b) of the United States Housing Act of 1937;
(F) the term ``multifamily housing project'' means
a property consisting of more than 4 dwelling units
that is covered in whole or in part by a contract for
project-based assistance;
(G) the term ``owner'' has the same meaning as in
section 8(f) of the United States Housing Act of 1937;
(H) the term ``project-based assistance'' means
rental assistance under section 8 of the United States
Housing Act of 1937 that is attached to a multifamily
housing project;
(I) the term ``Secretary'' means the Secretary of
Housing and Urban Development; and
(J) the term ``tenant-based assistance'' has the
same meaning as in section 8(f) of the United States
Housing Act of 1937.
(b) Demonstration Authority.--
(1) In general.--The Secretary shall administer a
demonstration program with respect to multifamily projects--
(A) whose owners agree to participate;
(B) with rents on units assisted under section 8 of
the United States Housing Act of 1937 that are, in the
aggregate, in excess of 120 percent of the fair market
rent of the market area in which the project is
located; and
(C) the mortgages of which are insured under the
National Housing Act.
(2) Purpose.--The demonstration program shall be designed
to test the feasibility and desirability of--
(A) ensuring, to the maximum extent practicable,
that the debt service and operating expenses, including
adequate reserves, attributable to such multifamily
projects can be supported at the comparable market rent
with or without mortgage insurance under the National
Housing Act and with or without additional subsidies;
(B) utilizing project-based assistance, while
taking into account the capital needs of the projects
and the need for assistance to low- and very low-income
families in such projects; and
(C) preserving low-income rental housing
affordability and availability while reducing the long-
term cost of project-based assistance.
(3) Designees.--In carrying out the demonstration program,
the Secretary may enter into arrangements with one or more
third-party public entities, under which the Secretary may
provide for the assumption by the designee (by delegation, by
contract, or otherwise) of some or all of the functions,
obligations, and benefits of the Secretary.
(c) Goals.--
(1) In general.--The Secretary shall carry out the
demonstration program in a manner that will protect the
financial interests of the Federal Government through debt
restructuring and subsidy reduction and, in the least costly
fashion, address the goals of--
(A) maintaining existing affordable housing stock
in a decent, safe, and sanitary condition;
(B) minimizing the involuntary displacement of
tenants;
(C) taking into account housing market conditions;
(D) encouraging responsible ownership and
management of property;
(E) minimizing any adverse income tax impact on
property owners; and
(F) minimizing any adverse impacts on residential
neighborhoods and local communities.
(2) Balance of competing goals.--In determining the manner
in which a mortgage is to be restructured or a subsidy reduced
under this subsection, the Secretary may balance competing
goals relating to individual projects in a manner that will
further the purposes of this section.
(d) Joint Venture Arrangements.--
(1) In general.--In carrying out the demonstration program,
the Secretary may enter into joint venture arrangements with
designees, under which the Secretary may provide for the
assumption by the third parties (by delegation, by contract, or
otherwise) of some or all of the functions, obligations, and
benefits of the Secretary.
(2) Preference.--In entering into any arrangement under
this subsection, the Secretary shall give preference to State
housing finance agencies and local housing agencies to act as
designees to the extent such agencies are determined to be
qualified by the Secretary.
(3) Public agencies.--Each joint venture arrangement
entered into under this subsection shall include a public
agency as the primary partner.
(4) Designee partnerships.--For purposes of any joint
venture arrangement under this subsection, designees are
encouraged to develop partnerships with each other, and to
contract or subcontract with other entities, including--
(A) public housing agencies;
(B) financial institutions;
(C) mortgage servicers;
(D) nonprofit and for-profit housing organizations;
(E) the Federal National Mortgage Association;
(F) the Federal Home Loan Mortgage Corporation;
(G) Federal Home Loan Banks; and
(H) other State or local mortgage insurance
companies or bank lending consortia.
(e) Long-Term Affordability.--After the renewal of a section 8
contract pursuant to a restructuring under this section, the owner
shall accept each offer to renew the section 8 contract, for a period
of 20 years from the date of the renewal under the demonstration, if
the offer to renew is on terms and conditions, as agreed to by the
Secretary or designee and the owner under a restructuring.
(f) Procedures.--
(1) Notice of participation in demonstration.--Not later
than 45 days before the date of expiration of an expiring
contract (or such later date, as determined by the Secretary,
for good cause), the owner of the multifamily housing project
covered by that expiring contract shall notify the Secretary or
designee of the owner's intent to participate in the
demonstration program.
(2) Demonstration contract.--Upon receipt of a notice under
paragraph (1), the owner and the Secretary or designee shall
enter into a demonstration contract, which shall provide for
initial section 8 project-based rents at the same rent levels
as those under the expiring contract or, if practical, the
budget-based rent to cover debt service, reasonable operating
expenses (including reasonable and appropriate services), and a
reasonable return on equity, as determined solely by the
Secretary. The demonstration contract shall be for the minimum
term necessary for the rents and mortgages of the multifamily
housing project to be restructured under the demonstration
program.
(g) HUD-Owned and HUD-Held Mortgages.--For purposes of carrying out
the demonstration program--
(1) the Secretary may manage and dispose of multifamily
properties owned by the Secretary and multifamily mortgages
held by the Secretary, on such terms and conditions as the
Secretary may determine, without regard to any other provision
of law; and
(2) as provided under subsection (b)(3), the Secretary may
delegate to one or more designees the authority to carry out
some or all of the functions and responsibilities of the
Secretary in connection with mortgages held by the Secretary
under the National Housing Act.
(h) Demonstration Actions.--For purposes of carrying out the
demonstration program, and in order to ensure that contract rights are
not abrogated, subject to such third party consents as are necessary
(if any), including consent by the Government National Mortgage
Association if it owns a mortgage insured by the Secretary, 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 consent by
parties to any contractual agreement which the Secretary proposes to
modify or discontinue, the Secretary or, except with respect to
paragraph (2), designee, shall take not less than 1 of the actions
specified in paragraphs (6), (7), and (8) and may take any of the
following actions:
(1) Removal of restrictions.--
(A) In general.--Notwithstanding any other
provision of law, and subject to the agreement of the
owner of the project and after consultation with the
tenants of the project, the Secretary or designee 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 designee determines would
interfere with the ability of the project to operate
without above-market rents.
(B) Accumulated residual receipts.--The Secretary
or designee may require an owner of a property assisted
under the section 8 new construction/substantial
rehabilitation program under the United States Housing
Act of 1937 to apply any accumulated residual receipts
toward effecting the purposes of this section.
(2) Reinsurance.--With respect to not more than 5,000 units
during fiscal year 1997, the Secretary 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 the designee, on such terms and conditions as the Secretary
may determine.
(3) Induce participation of third parties.--Notwithstanding
any other provision of law, of amounts made available under
appropriations Acts, including amounts made available under
this section, the Secretary or designee may enter into such
agreements, provide such concessions, incur such costs, make
such grants (including grants to cover all or a portion of the
rehabilitation costs for a project) and other payments, and
provide other valuable consideration, as may reasonably be
necessary to induce participation of owners, lenders,
servicers, third parties, and other entities in the
demonstration program, including the use of fees for contract
administration under section 8 of the United States Housing Act
of 1937 for purposes of any contract restructured or renewed
under the demonstration program.
(4) Full or partial payment of claim.--Notwithstanding any
other provision of law, the Secretary may make a full payment
of claim or partial payment of claim prior to default.
(5) Credit enhancement.--
(A) In general.--The Secretary or designee may
provide FHA multifamily mortgage insurance,
reinsurance, or other credit enhancement alternatives,
including retaining the existing FHA mortgage insurance
on a restructured first mortgage at market value or
using the multifamily risk-sharing mortgage programs,
as provided under section 542 of the Housing and
Community Development Act of 1992.
(B) Effect of limitations.--Any limitations on the
number of units available for mortgage insurance under
section 542 shall not apply to insurance issued for
purposes of the demonstration program.
(C) Maximum percentage.--During fiscal year 1997,
not more than 10 percent of multifamily housing
projects with expiring contracts may be restructured
without FHA insurance, unless otherwise agreed by the
owner of a project.
(D) Credit subsidy.--Subject to the funding
restrictions under subsection (l), any credit subsidy
costs of providing mortgage insurance shall be paid
from the General Insurance Fund and the Special Risk
Insurance Fund.
(6) Mortgage restructuring.--
(A) In general.--The Secretary or designee may
restructure mortgages to provide a restructured first
mortgage to cover debt service and operating expenses
at the market rent, and a second mortgage equal to the
difference between the restructured first mortgage and
the mortgage balance of the eligible multifamily
housing project at the time of restructuring.
(B) Interest rate on second mortgage.--The second
mortgage shall bear interest at a rate not to exceed
the applicable Federal rate for a term not to exceed 40
years.
(C) Timing of payments.--If the first mortgage
remains outstanding, payments of interest and principal
on the second mortgage shall be made from all excess
project income only after the payment of all reasonable
and necessary operating expenses (including deposits in
a reserve for replacement), debt service on the first
mortgage, and such other expenditures as may be
approved by the Secretary.
(D) Assumption of second mortgage.--The second
mortgage shall be assumable by any subsequent purchaser
of the multifamily housing project.
(E) Disposition of property.--The balance of the
principal and accrued interest due under the second
mortgage shall be fully payable upon disposition of the
property, unless the mortgage is assumed under
subparagraph (D).
(F) Second mortgage repayment.--The owner shall
begin repayment of the second mortgage upon full
payment of the first mortgage in equal monthly
installments in an amount equal to the monthly
principal and interest payments formerly paid under the
first mortgage.
(G) Failure to comply.--The principal and interest
of a second mortgage shall be immediately due and
payable upon a finding by the Secretary that an owner
has failed to materially comply with this section or
any applicable requirement of the United States Housing
Act of 1937 in relation to the project at issue.
(H) Credit subsidy.--Subject to the funding
restrictions under subsection (l), any credit subsidy
costs of providing a second mortgage shall be paid from
the General Insurance Fund and the Special Risk
Insurance Fund.
(7) Debt forgiveness.--The Secretary or designee, for good
cause and at the request of the owner of a multifamily housing
project, may forgive at the time of the restructuring of a
mortgage any portion of a debt on the project that exceeds the
market value of the project. In exchange for debt forgiveness
under this paragraph, the project shall remain affordable to
low-income families for a period of 20 years, unless otherwise
provided by the Secretary.
(8) Budget-based rents.--During fiscal year 1997, the
Secretary or designee may renew an expiring contract, for a
period of not more than 1 year, at a budget-based rent that
covers debt service, reasonable operating expenses (including
all reasonable and appropriate services), and a reasonable
return on equity, as determined solely by the Secretary, but
that does not exceed the rent levels under the expiring
contract. The Secretary may establish a preference under the
demonstration program for budget-based rents for unique housing
projects, such as projects designated for occupancy by elderly
families in rural areas.
(i) Community and Tenant Input.--In carrying out this section, the
Secretary shall develop procedures to provide appropriate and timely
notice, including an opportunity for comment, to officials of the unit
of general local government affected, the community in which the
project is situated, and the tenants of the project.
(j) Limitation on Demonstration Authority.--The Secretary shall
carry out the demonstration program with respect to mortgages not to
exceed 50,000 units.
(k) Priority for Participation.--The Secretary or designee shall
give priority for participation in the demonstration program to any
owner of an eligible multifamily housing project with an expiring
contract for project-based assistance.
(l) Funding.--In addition to the $30,000,000 made available under
section 210 of the Departments of Veterans Affairs and Housing and
Urban Development and Independent Agencies Appropriations Act, 1996
(110 Stat. 1321), for the costs (including any credit subsidy costs
associated with providing direct loans or mortgage insurance) of
modifying and restructuring loans held or guaranteed by the Federal
Housing Administration, as authorized under this section, $10,000,000,
are hereby appropriated, to remain available until September 30, 1998.
(m) Report to Congress.--
(1) In general.--
(A) Biannual reports.--Not less than biannually,
the Secretary shall submit to the Congress a report
describing and assessing the programs carried out under
the demonstration program.
(B) Final report.--Not later than 6 months after
the end of the demonstration program, the Secretary
shall submit to the Congress a final report on the
demonstration program.
(2) Contents.--Each report submitted under paragraph (1)
shall include--
(A) any findings and recommendations for
legislative action; and
(B) a description of the status of each multifamily
housing project selected for the demonstration program.
(3) Contents of final report.--The report submitted under
paragraph (1)(B) may include--
(A) with respect to each multifamily housing
project participating in the demonstration program,
information relating to--
(i) the size of the project;
(ii) the geographic locations of the
project, by State and region;
(iii) the physical and financial condition
of the project;
(iv) the occupancy profile of the project,
including the income, family size, race, and
ethnic origin of the tenants, and the rents
paid by those tenants;
(v) 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 the projects;
(vi) a description of the extent to which
the demonstration program has displaced tenants
of the project;
(vii) a description of the impact to which
the demonstration program has affected the
localities and communities in which the
projects are located; and
(viii) a description of the extent to which
the demonstration program has affected the
owners of the projects; and
(B) 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
State entities.
(42)Sec. 213. Hawaiian Home Lands.--Section 282 of the Cranston-
Gonzalez National Affordable Housing Act (42 U.S.C. 12832) is amended
by adding at the end the following new sentence: ``The Secretary may
waive this section in connection with the use of funds made available
under this title on lands set aside under the Hawaiian Homes Commission
Act, 1920 (42 Stat. 108).''.
(43)Sec. 214. Involuntary Separations.--In order to avoid or
minimize the need for involuntary separations due to a reduction in
force, departmental restructuring, reorganization, transfer of
function, or similar action affecting the Department of Housing and
Urban Development, the Secretary shall establish a program under which
separation pay, subject to the availability of appropriated funds, may
be offered to encourage employees to separate from service voluntarily,
whether by retirement or resignation: Provided, That payments to
individual employees shall not exceed $25,000: Provided further, That
in addition to any other payments which it is required to make under
subchapter III of chapter 83 or chapter 84 of title 5, United States
Code, HUD shall remit to the Office of Personnel Management for deposit
in the Treasury of the United States to the credit of the Civil Service
Retirement and Disability Fund on amount equal to 15 percent of the
final basic pay of each employee who is covered under subchapter III of
chapter 83 or chapter 84 of title 5 to whom a voluntary separation
incentive has been paid under this paragraph.
(44)Sec. 215. Requirement for HUD To Maintain Public Notice and
Comment Rulemaking.--The Secretary of Housing and Urban Development
shall maintain all current requirements under part 10 of the Department
of Housing and Urban Development's regulations (24 CFR part 10) with
respect to the Department's policies and procedures for the
promulgation and issuance of rules, including the use of public
participation in the rulemaking process.
(45)SEC. 216. COMMUNITY DEVELOPMENT BLOCK GRANTS.
Section 102(a)(6)(D) of the Housing and Community Development Act
of 1974 (42 U.S.C. 5302(a)(6)(D)) is amended--
(1) in clause (iv), by striking ``or'' at the end;
(2) in clause (v), by striking the period at the end and
inserting ``; or''; and
(3) by adding at the end the following new clause:
``(vi) has entered into a local cooperation
agreement with a metropolitan city that received
assistance under section 106 because of such
classification, and has elected under paragraph (4) to
have its population included with the population of the
county for the purposes of qualifying as an urban
county, except that to qualify as an urban county under
this clause, the county must--
``(I) have a combined population of not
less than 210,000, excluding any metropolitan
city located in the county that is not
relinquishing its metropolitan city
classification, according to the 1990 decennial
census of the Bureau of the Census of the
Department of Commerce;
``(II) including any metropolitan cities
located in the county, have had a decrease in
population of 10,061 from 1992 to 1994,
according to the estimates of the Bureau of the
Census of the Department of Commerce; and
``(III) have had a Federal naval
installation that was more than 100 years old
closed by action of the Base Closure and
Realignment Commission appointed for 1993 under
the Base Closure and Realignment Act of 1990,
directly resulting in a loss of employment by
more than 7,000 Federal Government civilian
employees and more than 15,000 active duty
military personnel, which naval installation
was located within 1 mile of an enterprise
community designated by the Secretary pursuant
to section 1391 of the Internal Revenue Code of
1986, which enterprise community has a
population of not less than 20,000, according
to the 1990 decennial census of the Bureau of
the Census of the Department of Commerce.''.
(46)SEC. 217. FAIR HOUSING AND FREE SPEECH.
None of the amounts made available under this Act may be used
during fiscal year 1997 to investigate or prosecute under the Fair
Housing Act any otherwise lawful activity engaged in by one or more
persons, including the filing or maintaining of a nonfrivolous legal
action, that is engaged in solely for the purpose of achieving or
preventing action by a government official or entity, or a court of
competent jurisdiction.
(47)SEC. 218. MORTGAGE INSURANCE.
None of the funds appropriated under this Act may be used to give
final approval to any proposal to provide mortgage insurance having a
value in excess of $250,000,000 for any project financing for which may
be guaranteed under section 220 of the National Housing Act (12 U.S.C.
1715k), unless the Secretary has transmitted to the President pro
tempore of the Senate and the Speaker of the House the Secretary's
justification for such guarantee and no final approval shall be given
until the justification has laid before the Congress for a period of
not less than 30 days.
TITLE III
INDEPENDENT AGENCIES
American Battle Monuments Commission
salaries and expenses
For necessary expenses, not otherwise provided for, of the American
Battle Monuments Commission, including the acquisition of land or
interest in land in foreign countries; purchases and repair of uniforms
for caretakers of national cemeteries and monuments outside of the
United States and its territories and possessions; rent of office and
garage space in foreign countries; purchase (one for replacement only)
and hire of passenger motor vehicles; and insurance of official motor
vehicles in foreign countries, when required by law of such countries;
$22,265,000, to remain available until expended: Provided, That where
station allowance has been authorized by the Department of the Army for
officers of the Army serving the Army at certain foreign stations, the
same allowance shall be authorized for officers of the Armed Forces
assigned to the Commission while serving at the same foreign stations,
and this appropriation is hereby made available for the payment of such
allowance: Provided further, That when traveling on business of the
Commission, officers of the Armed Forces serving as members or as
Secretary of the Commission may be reimbursed for expenses as provided
for civilian members of the Commission: Provided further, That the
Commission shall reimburse other Government agencies, including the
Armed Forces, for salary, pay, and allowances of personnel assigned to
it.
Department of the Treasury
Community Development Financial Institutions
community development financial institutions fund program account
For grants, loans, and technical assistance to qualifying community
development lenders, and administrative expenses of the Fund,
$45,000,000, to remain available until September 30, 1998, of which
$8,000,000 may be used for the cost of direct loans, and up to $800,000
may be used for administrative expenses to carry out the direct loan
program: Provided, That the cost of direct loans, including the cost of
modifying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974: Provided further, That not more than
$19,400,000 of the funds made available under this heading may be used
for programs and activities authorized in section 114 of the Community
Development Banking and Financial Institutions Act of 1994.
Consumer Product Safety Commission
salaries and expenses
For necessary expenses of the Consumer Product Safety Commission,
including hire of passenger motor vehicles, services as authorized by 5
U.S.C. 3109, but at rates for individuals not to exceed the per diem
rate equivalent to the rate for GS-18, purchase of nominal awards to
recognize non-Federal officials' contributions to Commission
activities, and not to exceed $500 for official reception and
representation expenses, $42,500,000.
Corporation for National and Community Service
national and community service programs operating expenses
(including transfer of funds)
For necessary expenses for the Corporation for National and
Community Service (referred to in the matter under this heading as the
``Corporation'') in carrying out programs, activities, and initiatives
under the National and Community Service Act of 1990 (referred to in
the matter under this heading as the ``Act'') (42 U.S.C. 12501 et
seq.), (48)<DELETED>$365,000,000 </DELETED>$400,500,000, of which
$265,000,000 shall be available for obligation from September 1, 1997,
through September 30, 1998: Provided, That not more than $25,000,000
shall be available for administrative expenses authorized under section
501(a)(4) of the Act (42 U.S.C. 12671(a)(4)): Provided further, That
not more than $2,500 shall be for official reception and representation
expenses: Provided further, That not more than (49)<DELETED>$40,000,000
</DELETED>$59,000,000, to remain available without fiscal year
limitation, shall be transferred to the National Service Trust account
for educational awards authorized under subtitle D of title I of the
Act (42 U.S.C. 12601 et seq.): Provided further, That not more than
(50)<DELETED>$201,000,000 </DELETED>$215,000,000 of the amount provided
under this heading shall be available for grants under the National
Service Trust program authorized under subtitle C of title I of the Act
(42 U.S.C. 12571 et seq.) (relating to activities including the
Americorps program)(51), of which not more than $40,000,000 may be used
to administer, reimburse or support any national service program
authorized under section 121(d)(2) of such Act (42 U.S.C. 12581(d)(2)):
Provided further, That not more than (52)<DELETED>$5,000,000
</DELETED>$5,500,000 of the funds made available under this heading
shall be made available for the Points of Light Foundation for
activities authorized under title III of the Act (42 U.S.C. 12661 et
seq.): Provided further, That no funds shall be available for national
service programs run by Federal agencies authorized under section
121(b) of such Act (42 U.S.C. 12571(b)): Provided further, That to the
maximum extent feasible, funds appropriated in the preceding proviso
shall be provided in a manner that is consistent with the
recommendations of peer review panels in order to ensure that priority
is given to programs that demonstrate quality, innovation,
replicability, and sustainability: Provided further, That not more than
(53)<DELETED>$17,500,000 </DELETED>$18,000,000 of the funds made
available under this heading shall be available for the Civilian
Community Corps authorized under subtitle E of title I of the Act (42
U.S.C. 12611 et seq.): Provided further, That not more than
(54)<DELETED>$41,500,000 </DELETED>$43,000,000 shall be available for
school-based and community-based service-learning programs authorized
under subtitle B of title I of the Act (42 U.S.C. 12521 et seq.):
Provided further, That not more than $30,000,000 shall be available for
quality and innovation activities authorized under subtitle H of title
I of the Act (42 U.S.C. 12853 et seq.): Provided further, That not more
than $5,000,000 shall be available for audits and other evaluations
authorized under section 179 of the Act (42 U.S.C. 12639): Provided
further, That no funds from any other appropriation, or from funds
otherwise made available to the Corporation, shall be used to pay for
personnel compensation and benefits, travel, or any other
administrative expense for the Board of Directors, the Office of the
Chief Executive Officer, the Office of the Managing Director, the
Office of the Chief Financial Officer, the Office of National and
Community Service Programs, the Civilian Community Corps, or any field
office or staff of the Corporation working on the National and
Community Service or Civilian Community Corps programs: Provided
further, That to the maximum extent practicable, the Corporation shall
increase significantly the level of matching funds and in-kind
contributions provided by the private sector, shall expand
significantly the number of educational awards provided under subtitle
D of title I, and shall reduce the total Federal costs per participant
in all programs.
office of inspector general
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978, as
amended, $2,000,000.
Court of Veterans Appeals
salaries and expenses
For necessary expenses for the operation of the United States Court
of Veterans Appeals as authorized by 38 U.S.C. sections 7251-7292,
$9,229,000 (55)<DELETED>(increased by $1,411,000)</DELETED>, of which
(56)<DELETED>$634,000</DELETED> $700,000, to remain available until
September 30, 1998, shall be available for the purpose of providing
financial assistance as described, and in accordance with the process
and reporting procedures set forth, under this heading in Public Law
102-227.
Department of Defense--Civil Cemeterial Expenses, Army
salaries and expenses
For necessary expenses, as authorized by law, for maintenance,
operation, and improvement of Arlington National Cemetery and Soldiers'
and Airmen's Home National Cemetery, including the purchase of one
passenger motor vehicle for replacement only, and not to exceed $1,000
for official reception and representation expenses, $11,600,000, to
remain available until expended.
Environmental Protection Agency
science and technology
For science and technology, including research and development
activities, which shall include research and development activities
under the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (CERCLA), as amended; necessary expenses for
personnel and related costs and travel expenses, including uniforms, or
allowances therefore, as authorized by 5 U.S.C. 5901-5902; services as
authorized by 5 U.S.C. 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, (57)<DELETED>$540,000,000 (reduced by $1,500,000)</DELETED>
$545,000,000, which shall remain available until September 30, 1998.
environmental programs and management
For environmental programs and management, including necessary
expenses, not otherwise provided for, for personnel and related costs
and travel expenses, including uniforms, or allowances therefore, as
authorized by 5 U.S.C. 5901-5902; services as authorized by 5 U.S.C.
3109, but at rates for individuals not to exceed the per diem rate
equivalent to the rate for GS-18; hire of passenger motor vehicles;
hire, maintenance, and operation of aircraft; purchase of reprints;
library memberships in societies or associations which issue
publications to members only or at a price to members lower than to
subscribers who are not members; construction, alteration, repair,
rehabilitation, and renovation of facilities, not to exceed $75,000 per
project; and not to exceed $6,000 for official reception and
representation expenses, (58)<DELETED>$1,703,000,000 (increased by
$1,500,000) </DELETED>$1,713,000,000, which shall remain available
until September 30, 1998.
office of inspector general
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978, as
amended, and for construction, alteration, repair, rehabilitation, and
renovation of facilities, not to exceed $75,000 per project,
$28,500,000.
buildings and facilities
For construction, repair, improvement, extension, alteration, and
purchase of fixed equipment or facilities of, or for use by, the
Environmental Protection Agency, (59)<DELETED>$107,220,000
</DELETED>$27,220,000, to remain available until
expended(60)<DELETED>:-Provided, That EPA is authorized to establish
and construct a consolidated research facility at Research Triangle
Park, North Carolina, at a maximum total construction cost of
$232,000,000, and to obligate such monies as are made available by this
Act for this purpose: Provided further, That EPA is authorized to
construct such facility through multi-year contracts incrementally
funded through appropriations hereafter made available for this
project: Provided further, That, notwithstanding the previous provisos,
for monies obligated pursuant to this authority, EPA may not obligate
monies in excess of those provided in advance in annual appropriations,
and such contracts shall clearly provide for this limitation</DELETED>.
hazardous substance superfund
(including transfer of funds)
For necessary expenses to carry out the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (CERCLA), as amended,
including sections 111 (c)(3), (c)(5), (c)(6), and (e)(4) (42 U.S.C.
9611), and for construction, alteration, repair, rehabilitation, and
renovation of facilities, not to exceed $75,000 per project; not to
exceed (61)<DELETED>$2,201,200,000 </DELETED>$1,394,245,000 (of which
$100,000,000 shall not become available until September 1, 1997), to
remain available until expended, consisting of
(62)<DELETED>$1,951,200,000 </DELETED>$1,144,245,000 as authorized by
section 517(a) of the Superfund Amendments and Reauthorization Act of
1986 (SARA), as amended by Public Law 101-508, and $250,000,000 as a
payment from general revenues to the Hazardous Substance Superfund as
authorized by section 517(b) of SARA, as amended by Public Law 101-508:
Provided, That funds appropriated under this heading may be allocated
to other Federal agencies in accordance with section 111(a) of CERCLA:
Provided further, That $11,000,000 of the funds appropriated under this
heading shall be transferred to the ``Office of Inspector General''
appropriation to remain available until September 30, 1997: Provided
further, That notwithstanding section 111(m) of CERCLA or any other
provision of law, not to exceed (63)<DELETED>$59,000,000
</DELETED>$64,000,000 of the funds appropriated under this heading
shall be available to the Agency for Toxic Substances and Disease
Registry to carry out activities described in sections 104(i),
111(c)(4), and 111(c)(14) of CERCLA and section 118(f) of the Superfund
Amendments and Reauthorization Act of 1986: Provided further, That
$35,000,000 of the funds appropriated under this heading shall be
transferred to the ``Science and technology'' appropriation to remain
available until September 30, 1998: Provided further, That none of the
funds appropriated under this heading shall be available for the Agency
for Toxic Substances and Disease Registry to issue in excess of 40
toxicological profiles pursuant to section 104(i) of CERCLA during
fiscal year 1997(64)<DELETED>:-Provided further, That $861,000,000 of
the funds appropriated under this heading shall become available for
obligation only upon the enactment of future appropriations legislation
that specifically makes these funds available for
obligation</DELETED>(65)<DELETED>: Provided further, That $1,200,000 of
the funds appropriatated under this heading shall be used by the Agency
for Toxic Substances and Disease Registry to conduct a health effects
study of the Toms River Cancer Cluster in the Toms River area in the
State of New Jersey</DELETED>.
leaking underground storage tank trust fund
(including transfer of funds)
For necessary expenses to carry out leaking underground storage
tank cleanup activities authorized by section 205 of the Superfund
Amendments and Reauthorization Act of 1986, and for construction,
alteration, repair, rehabilitation, and renovation of facilities, not
to exceed $75,000 per project, (66)<DELETED>$46,500,000 (increased by
$20,000,000) </DELETED>$60,000,000, to remain available until expended:
Provided, That no more than $7,000,000 shall be available for
administrative expenses: Provided further, That $577,000 shall be
transferred to the ``Office of Inspector General'' appropriation to
remain available until September 30, 1997.
oil spill response
(including transfer of funds)
For expenses necessary to carry out the Environmental Protection
Agency's responsibilities under the Oil Pollution Act of 1990,
$15,000,000, to be derived from the Oil Spill Liability trust fund, and
to remain available until expended: Provided, That not more than
$8,000,000 of these funds shall be available for administrative
expenses.
state and tribal assistance grants
For environmental programs and infrastructure assistance, including
capitalization grants for State revolving funds and performance
partnership grants, (67)<DELETED>$2,768,207,000
</DELETED>$2,815,207,000, to remain available until expended, of which
(68)<DELETED>$1,800,000,000 </DELETED>$1,976,000,000 shall be for
making capitalization grants for State revolving funds to support water
infrastructure financing; $100,000,000 for architectural, engineering,
planning, design, construction and related activities in connection
with the construction of high priority water and wastewater facilities
in the area of the United States-Mexico Border, after consultation with
the appropriate border commission; $50,000,000 for grants to the State
of Texas, which shall be matched by an equal amount of State funds from
State resources, for the purpose of improving wastewater treatment for
colonias; $15,000,000 for grants to the State of Alaska subject to an
appropriate cost share as determined by the Administrator, to address
(69)water supply and wastewater infrastructure needs of rural and
Alaska Native Villages; (70)<DELETED>$129,000,000 for making grants for
the construction of wastewater treatment facilities and the development
of groundwater in accordance with the terms and conditions specified
for such grants in the Report accompanying this Act; </DELETED>and
$674,207,000 for grants to States and federally recognized tribes for
multi-media or single media pollution prevention, control and abatement
and related activities pursuant to the provisions set forth under this
heading in Public Law 104-134: Provided, That, from funds appropriated
under this heading, the Administrator may make grants to federally
recognized Indian governments for the development of multi-media
environmental programs: (71)Provided further, That notwithstanding any
other provision of law, beginning in fiscal year 1997 the Administrator
may make grants to States, from funds available for obligation in the
State under title II of the Federal Water Pollution Control Act, as
amended, for administering the completion and closeout of the State's
construction grants program, based on a budget annually negotiated with
the State: Provided further, That of the (72)<DELETED>$1,800,000,000
</DELETED>$1,976,000,000 for capitalization grants for State revolving
funds to support water infrastructure financing,
(73)<DELETED>$450,000,000 </DELETED>$1,275,000,000 shall be for
drinking water State revolving funds(74)<DELETED>, but if no drinking
water State revolving fund legislation is enacted by June 1, 1997,
these funds shall immediately be available for making capitalization
grants under title VI of the Federal Water Pollution Control Act, as
amended </DELETED>(75): Provided further, That the funds made available
in Public Law 103-327 for a grant to the City of Bangor, Maine, in
accordance with House Report 103-715, shall be available for a grant to
that city for meeting combined sewer overflow requirements (76):
Provided further, That, notwithstanding any other provision of law, a
State that did not receive, in fiscal year 1996, grants under title VI
of the Federal Water Pollution Control Act, as amended, that obligated
all the funds allotted to it from the $725,000,000 that became
available for that purpose on August 1, 1996, may receive reallotted
funds from the fiscal year 1996 appropriation, provided the State
receives such grants in fiscal year 1997.
working capital fund
(including transfer of funds)
There is hereby established in the Treasury a franchise fund pilot
to be known as the ``Working capital fund'', as authorized by section
403 of Public Law 103-356, to be available as provided in such section
for expenses and equipment necessary for the maintenance and operation
of such administrative services as the Administrator determines may be
performed more advantageously as central services: Provided, That any
inventories, equipment, and other assets pertaining to the services to
be provided by such fund, either on hand or on order, less the related
liabilities or unpaid obligations, and any appropriations made
hereafter for the purpose of providing capital, shall be used to
capitalize such fund: Provided further, That such fund shall be paid in
advance from funds available to the Agency and other Federal agencies
for which such centralized services are performed, at rates which will
return in full all expenses of operation, including accrued leave,
depreciation of fund plant and equipment, amortization of automated
data processing (ADP) software and systems (either acquired or
donated), and an amount necessary to maintain a reasonable operating
reserve, as determined by the Administrator: Provided further, That
such fund shall provide services on a competitive basis: Provided
further, That an amount not to exceed four percent of the total annual
income to such fund may be retained in the fund for fiscal year 1997
and each fiscal year thereafter, to remain available until expended, to
be used for the acquisition of capital equipment and for the
improvement and implementation of Agency financial management, ADP, and
other support systems: Provided further, That no later than thirty days
after the end of each fiscal year amounts in excess of this reserve
limitation shall be transferred to the Treasury: Provided further, That
such franchise fund pilot shall terminate pursuant to section 403(f) of
Public Law 103-356.
(77)<DELETED>administrative provision
<DELETED> Sec. 301. Notwithstanding any other provision of law,
funds made available in this Act to the Environmental Protection Agency
for any account, program or project may be transferred to Science and
Technology for necessary research activities, subject to the terms and
conditions set forth in the Report accompanying this Act.</DELETED>
Executive Office of the President
office of science and technology policy
For necessary expenses of the Office of Science and Technology
Policy, in carrying out the purposes of the National Science and
Technology Policy, Organization, and Priorities Act of 1976 (42 U.S.C.
6601 and 6671), hire of passenger motor vehicles, and services as
authorized by 5 U.S.C. 3109, not to exceed $2,500 for official
reception and representation expenses, and rental of conference rooms
in the District of Columbia, $4,932,000.
council on environmental quality and office of environmental quality
For necessary expenses to continue functions assigned to the
Council on Environmental Quality and Office of Environmental Quality
pursuant to the National Environmental Policy Act of 1969, the
Environmental Quality Improvement Act of 1970, and Reorganization Plan
No. 1 of 1977, (78)<DELETED>$2,250,000 </DELETED>$2,436,000.
Federal Emergency Management Agency
disaster relief
For necessary expenses in carrying out the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.),
(79)<DELETED>$1,120,000,000 </DELETED>$1,320,000,000, and,
notwithstanding 42 U.S.C. 5203, to become available for obligation on
September 30, 1997, and remain available until expended (80): Provided,
That no money appropriated for the Federal Emergency Management Agency
may be expended for the repair of yacht harbors or golf courses except
for debris removal: Provided further, That no money appropriated for
the Federal Emergency Management Agency may be expended for tree or
shrub replacement except in public parks: Provided further, That any
funds used for repair of any recreational facilities shall be limited
to debris removal and the repair of recreational buildings only.
disaster assistance direct loan program account
For the cost of direct loans, $1,385,000, as authorized by section
319 of the Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5121 et seq.): Provided, That such costs, including the
cost of modifying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974, as amended: Provided further, That
these funds are available to subsidize gross obligations for the
principal amount of direct loans not to exceed $25,000,000.
In addition, for administrative expenses to carry out the direct
loan program, $548,000.
salaries and expenses
For necessary expenses, not otherwise provided for, including hire
and purchase of motor vehicles (31 U.S.C. 1343); uniforms, or
allowances therefor, as authorized by 5 U.S.C. 5901-5902; services as
authorized by 5 U.S.C. 3109, but at rates for individuals not to exceed
the per diem rate equivalent to the rate for GS-18; expenses of
attendance of cooperating officials and individuals at meetings
concerned with the work of emergency preparedness; transportation in
connection with the continuity of Government programs to the same
extent and in the same manner as permitted the Secretary of a Military
Department under 10 U.S.C. 2632; and not to exceed $2,500 for official
reception and representation expenses, (81)<DELETED>$168,000,000
</DELETED>$166,733,000.
office of inspector general
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978, as
amended, (82)<DELETED>$4,533,000 </DELETED>$4,673,000.
emergency management planning and assistance
For necessary expenses, not otherwise provided for, to carry out
activities under the National Flood Insurance Act of 1968, as amended,
and the Flood Disaster Protection Act of 1973, as amended (42 U.S.C.
4001 et seq.), the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.), the Earthquake Hazards
Reduction Act of 1977, as amended (42 U.S.C. 7701 et seq.), the Federal
Fire Prevention and Control Act of 1974, as amended (15 U.S.C. 2201 et
seq.), the Defense Production Act of 1950, as amended (50 U.S.C. App.
2061 et seq.), sections 107 and 303 of the National Security Act of
1947, as amended (50 U.S.C. 404-405), and Reorganization Plan No. 3 of
1978, (83)<DELETED>$209,101,000 </DELETED>$199,101,000.
emergency food and shelter program
To carry out an emergency food and shelter program pursuant to
title III of Public Law 100-77, as amended, $100,000,000: Provided,
That total administrative costs shall not exceed three and one-half
percent of the total appropriation.
national flood insurance fund
For activities under the National Flood Insurance Act of 1968, the
Flood Disaster Protection Act of 1973, and the National Flood Insurance
Reform Act of 1994, not to exceed $20,981,000 for salaries and expenses
associated with flood mitigation and flood insurance operations, and
not to exceed $78,464,000 for flood mitigation, including up to
$20,000,000 for expenses under section 1366 of the National Flood
Insurance Act, which amount shall be available until September 30,
1998. (84)The first sentence of section 1376(c) of the National Flood
Insurance Act of 1968, as amended (42 U.S.C. 4026), is amended by
striking all after ``this subchapter'' and inserting ``such sums as may
be necessary through September 30, 1997 for studies under this title''.
In fiscal year 1997, no funds in excess of (1) $47,000,000 for
operating expenses, (2) $335,680,000 for agents' commissions and taxes,
and (3) $35,000,000 for interest on Treasury borrowings shall be
available from the National Flood Insurance Fund without prior notice
to the Committees on Appropriations. For fiscal year 1997, flood
insurance rates shall not exceed the level authorized by the National
Flood Insurance Reform Act of 1994. (85)Section 1319 of the National
Flood Insurance Act of 1968, as amended (42 U.S.C. 4026), is amended by
striking out September 30, 1996.'' and inserting ``September 30,
1997''.
working capital fund
For the establishment of a working capital fund for the Federal
Emergency Management Agency, to be available without fiscal year
limitation, for expenses and equipment necessary for maintenance and
operations of such administrative services as the Director determines
may be performed more advantageously as central services: Provided,
That any inventories, equipment, and other assets pertaining to the
services to be provided by such fund, either on hand or on order, less
the related liabilities or unpaid obligations, and any appropriations
made hereafter for the purpose of providing capital, shall be used to
capitalize such fund: Provided further, That such fund shall be
reimbursed or credited with advance payments from applicable
appropriations and funds of the Federal Emergency Management Agency,
other Federal agencies, and other sources authorized by law for which
such centralized services are performed, including supplies, materials,
and services, at rates that will return in full all expenses of
operation, including accrued leave, depreciation of fund plant and
equipment, amortization of automated data processing (ADP) software and
systems (either acquired or donated), and an amount necessary to
maintain a reasonable operating reserve as determined by the Director:
Provided further, That income of such fund may be retained, to remain
available until expended, for purposes of the fund: Provided further,
That fees for services shall be established by the Director at a level
to cover the total estimated costs of providing such services, such
fees to be deposited in the fund shall remain available until expended
for purposes of the fund: Provided further, That such fund shall
terminate in a manner consistent with section 403(f) of Public Law 103-
356.
administrative provision
The Director of the Federal Emergency Management Agency shall
promulgate through rulemaking a methodology for assessment and
collection of fees to be assessed and collected beginning in fiscal
year 1997 applicable to persons subject to the Federal Emergency
Management Agency's radiological emergency preparedness regulations.
The aggregate charges assessed pursuant to this section during fiscal
year 1997 shall approximate, but not be less than, 100 per centum of
the amounts anticipated by the Federal Emergency Management Agency to
be obligated for its radiological emergency preparedness program for
such fiscal year. The methodology for assessment and collection of fees
shall be fair and equitable, and shall reflect the full amount of costs
of providing radiological emergency planning, preparedness, response
and associated services. Such fees shall be assessed in a manner that
reflects the use of agency resources for classes of regulated persons
and the administrative costs of collecting such fees. Fees received
pursuant to this section shall be deposited in the general fund of the
Treasury as offsetting receipts. Assessment and collection of such fees
are only authorized during fiscal year 1997.
General Services Administration
consumer information center fund
For necessary expenses of the Consumer Information Center,
including services authorized by 5 U.S.C. 3109, $2,260,000, to be
deposited into the Consumer Information Center Fund: Provided, That the
appropriations, revenues and collections deposited into the fund shall
be available for necessary expenses of Consumer Information Center
activities in the aggregate amount of $7,500,000.
(86)<DELETED>Administrative expenses of the Consumer Information Center
in fiscal year 1997 shall not exceed $2,602,000.
</DELETED>Appropriations, revenues, and collections accruing to this
fund during fiscal year 1997 in excess of $7,500,000 shall remain in
the fund and shall not be available for expenditure except as
authorized in appropriations Acts(87)<DELETED>:-Provided further, That
notwithstanding any other provision of law, the Consumer Information
Center may accept and deposit to this account, during fiscal year 1997,
gifts for the purpose of defraying its costs of printing, publishing,
and distributing consumer information and educational material; may
expend up to $1,100,000 of those gifts for those purposes, in addition
to amounts otherwise appropriated; and the balance shall remain
available for expenditure for such purpose to the extent authorized in
subsequent appropriations Acts</DELETED>: Provided further, That
notwithstanding any other provision of law, the Consumer Information
Center may accept and deposit to this account, during fiscal year 1997
and hereafter, gifts for the purpose of defraying its costs of
printing, publishing, and distributing consumer information and
educational materials and undertaking other consumer information
activities; may expend those gifts for those purposes, in addition to
amounts appropriated or otherwise made available; and the balance shall
remain available for expenditure for such purpose.
National Aeronautics and Space Administration
human space flight
For necessary expenses, not otherwise provided for, in the conduct
and support of human space flight research and development activities,
including research, development, operations, and services; maintenance;
construction of facilities including repair, rehabilitation, and
modification of real and personal property, and acquisition or
condemnation of real property, as authorized by law; space flight,
spacecraft control and communications activities including operations,
production, and services; and purchase, lease, charter, maintenance and
operation of mission and administrative aircraft, $5,362,900,000, to
remain available until September 30, 1998.
science, aeronautics and technology
For necessary expenses, not otherwise provided for, in the conduct
and support of science, aeronautics and technology research and
development activities, including research, development, operations,
and services; maintenance; construction of facilities including repair,
rehabilitation, and modification of real and personal property, and
acquisition or condemnation of real property, as authorized by law;
space flight, spacecraft control and communications activities
including operations, production, and services; and purchase, lease,
charter, maintenance and operation of mission and administrative
aircraft, (88)<DELETED>$5,662,100,000 </DELETED>$5,762,100,000, to
remain available until September 30, 1998. Chapter VII of Public Law
104-6 is amended under the heading, ``National Aeronautics and Space
Administration'' by replacing ``September 30, 1997'' with ``September
30, 1998'' and ``1996'' with ``1997''.
mission support
For necessary expenses, not otherwise provided for, in carrying out
mission support for human space flight programs and science,
aeronautical, and technology programs, including research operations
and support; space communications activities including operations,
production and services; maintenance; construction of facilities
including repair, rehabilitation, and modification of facilities, minor
construction of new facilities and additions to existing facilities,
facility planning and design, environmental compliance and restoration,
and acquisition or condemnation of real property, as authorized by law;
program management; personnel and related costs, including uniforms or
allowances therefor, as authorized by 5 U.S.C. 5901-5902; travel
expenses; purchase, lease charter, maintenance, and operation of
mission and administrative aircraft; not to exceed $35,000 for official
reception and representation expenses; and purchase (not to exceed 33
for replacement only) and hire of passenger motor vehicles;
$2,562,200,000, to remain available until September 30, 1998.
office of inspector general
For necessary expenses of the Office of Inspector General in
carrying out the Inspector General Act of 1978, as amended,
$17,000,000.
administrative provisions
(including transfer of funds)
Notwithstanding the limitation on the availability of funds
appropriated for ``Human space flight'', ``Science, aeronautics and
technology'', or ``Mission support'' by this appropriations Act, when
(1) any activity has been initiated by the incurrence of obligations
for construction of facilities as authorized by law, or (2) amounts are
provided for full-funding for the Tracking and Data Relay Satellite
(TDRS) replenishment program, such amount available for such activity
shall remain available until expended. This provision does not apply to
the amounts appropriated in ``Mission support'' pursuant to the
authorization for repair, rehabilitation and modification of
facilities, minor construction of new facilities and additions to
existing facilities, and facility planning and design.
Notwithstanding the limitation on the availability of funds
appropriated for ``Human space flight'', ``Science, aeronautics and
technology'', or ``Mission support'' by this appropriations Act, the
amounts appropriated for construction of facilities shall remain
available until September 30, 1999.
Notwithstanding the limitation on the availability of funds
appropriated for ``Mission support'' and ``Office of Inspector
General'', amounts made available by this Act for personnel and related
costs and travel expenses of the National Aeronautics and Space
Administration shall remain available until September 30, 1997 and may
be used to enter into contracts for training, investigations, cost
associated with personnel relocation, and for other services, to be
provided during the next fiscal year.
(89)In order to avoid or minimize the need for involuntary
separations due to a reduction in force, installation closure,
reorganization, transfer of function, or similar action affecting the
National Aeronautics and Space Administration, the Administrator shall
establish a program under which separation pay, subject to the
availability of appropriated funds, may be offered to encourage
employees to separate from service voluntarily, whether by retirement
or resignation: Provided, That payments to individual employees shall
not exceed $25,000: Provided further, That in addition to any other
payments which it is required to make under subchapter III of chapter
83 or chapter 84 of title 5, United States Code, NASA shall remit to
the Office of Personnel Management for deposit in the Treasury of the
United States to the credit of the Civil Service Retirement and
Disability Fund an amount equal to 15 percent of the final basic pay of
each employee who is covered under subchapter III of chapter 83 or
chapter 84 of title 5 to whom a voluntary separation incentive has been
paid under this paragraph.
National Credit Union Administration
central liquidity facility
During fiscal year 1997, gross obligations of the Central Liquidity
Facility for the principal amount of new direct loans to member credit
unions, as authorized by the National Credit Union Central Liquidity
Facility Act (12 U.S.C. 1795), shall not exceed $600,000,000: Provided,
That administrative expenses of the Central Liquidity Facility in
fiscal year 1997 shall not exceed $560,000: Provided further, That
$1,000,000, together with amounts of principal and interest on loans
repaid, to be available until expended, is available for loans to
community development credit unions.
National Science Foundation
research and related activities
For necessary expenses in carrying out the National Science
Foundation Act of 1950, as amended (42 U.S.C. 1861-1875), and the Act
to establish a National Medal of Science (42 U.S.C. 1880-1881);
services as authorized by 5 U.S.C. 3109; maintenance and operation of
aircraft and purchase of flight services for research support;
acquisition of aircraft; (90)<DELETED>$2,422,000,000 (increased by
$9,110,000) </DELETED>$2,432,000,000, of which not to exceed
$226,000,000 shall remain available until expended for Polar research
and operations support, and for reimbursement to other Federal agencies
for operational and science support and logistical and other related
activities for the United States Antarctic program; the balance to
remain available until September 30, 1998: Provided, That receipts for
scientific support services and materials furnished by the National
Research Centers and other National Science Foundation supported
research facilities may be credited to this appropriation: Provided
further, That to the extent that the amount appropriated is less than
the total amount authorized to be appropriated for included program
activities, all amounts, including floors and ceilings, specified in
the authorizing Act for those program activities or their subactivities
shall be reduced proportionally.
major research equipment
For necessary expenses of major construction projects pursuant to
the National Science Foundation Act of 1950, as amended, $80,000,000,
to remain available until expended.
education and human resources
For necessary expenses in carrying out science and engineering
education and human resources programs and activities pursuant to the
National Science Foundation Act of 1950, as amended (42 U.S.C. 1861-
1875), including services as authorized by 5 U.S.C. 3109 and rental of
conference rooms in the District of Columbia, (91)<DELETED>$612,000,000
</DELETED>$624,000,000, to remain available until September 30, 1998:
Provided, That to the extent that the amount of this appropriation is
less than the total amount authorized to be appropriated for included
program activities, all amounts, including floors and ceilings,
specified in the authorizing Act for those program activities or their
subactivities shall be reduced proportionally.
salaries and expenses
For necessary salaries and expenses of the National Science
Foundation Act of 1950, as amended (42 U.S.C. 1861-1875); services
authorized by 5 U.S.C. 3109; hire of passenger motor vehicles; not to
exceed $9,000 for official reception and representation expenses;
uniforms or allowances therefor, as authorized by 5 U.S.C. 5901-5902;
rental of conference rooms in the District of Columbia; reimbursement
of the General Services Administration for security guard services and
headquarters relocation; $134,310,000 (92)<DELETED>(reduced by
$9,110,000)</DELETED>: Provided, That contracts may be entered into
under salaries and expenses in fiscal year 1997 for maintenance and
operation of facilities, and for other services, to be provided during
the next fiscal year.
office of inspector general
For necessary expenses of the Office of Inspector General as
authorized by the Inspector General Act of 1978, as amended,
$4,690,000, to remain available until September 30, 1998.
Neighborhood Reinvestment Corporation
payment to the neighborhood reinvestment corporation
For payment to the Neighborhood Reinvestment Corporation for use in
neighborhood reinvestment activities, as authorized by the Neighborhood
Reinvestment Corporation Act (42 U.S.C. 8101-8107),
(93)<DELETED>$50,000,000 </DELETED>$49,900,000.
Selective Service System
salaries and expenses
For necessary expenses of the Selective Service System, including
expenses of attendance at meetings and of training for uniformed
personnel assigned to the Selective Service System, as authorized by 5
U.S.C. 4101-4118 for civilian employees; and not to exceed $1,000 for
official reception and representation expenses; $22,930,000: Provided,
That during the current fiscal year, the President may exempt this
appropriation from the provisions of 31 U.S.C. 1341, whenever he deems
such action to be necessary in the interest of national defense:
Provided further, That none of the funds appropriated by this Act may
be expended for or in connection with the induction of any person into
the Armed Forces of the United States.
TITLE IV--GENERAL PROVISIONS
Sec. 401. Where appropriations in titles I, II, and III of this Act
are expendable for travel expenses and no specific limitation has been
placed thereon, the expenditures for such travel expenses may not
exceed the amounts set forth therefore in the budget estimates
submitted for the appropriations: Provided, (94)That this provision
does not apply to accounts that do not contain an object classification
for travel: Provided further, That this section shall not apply to
travel performed by uncompensated officials of local boards and appeal
boards of the Selective Service System; to travel performed directly in
connection with care and treatment of medical beneficiaries of the
Department of Veterans Affairs; to travel performed in connection with
major disasters or emergencies declared or determined by the President
under the provisions of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act; to travel performed by the Offices of
Inspector General in connection with audits and investigations; or to
payments to interagency motor pools where separately set forth in the
budget schedules: Provided further, That if appropriations in titles I,
II, and III exceed the amounts set forth in budget estimates initially
submitted for such appropriations, the expenditures for travel may
correspondingly exceed the amounts therefore set forth in the estimates
in the same proportion.
Sec. 402. Appropriations and funds available for the administrative
expenses of the Department of Housing and Urban Development and the
Selective Service System shall be available in the current fiscal year
for purchase of uniforms, or allowances therefor, as authorized by 5
U.S.C. 5901-5902; hire of passenger motor vehicles; and services as
authorized by 5 U.S.C. 3109.
Sec. 403. Funds of the Department of Housing and Urban Development
subject to the Government Corporation Control Act or section 402 of the
Housing Act of 1950 shall be available, without regard to the
limitations on administrative expenses, for legal services on a
contract or fee basis, and for utilizing and making payment for
services and facilities of Federal National Mortgage Association,
Government National Mortgage Association, Federal Home Loan Mortgage
Corporation, Federal Financing Bank, Federal Reserve banks or any
member thereof, Federal Home Loan banks, and any insured bank within
the meaning of the Federal Deposit Insurance Corporation Act, as
amended (12 U.S.C. 1811-1831).
Sec. 404. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 405. No funds appropriated by this Act may be expended--
(1) pursuant to a certification of an officer or employee
of the United States unless--
(A) such certification is accompanied by, or is
part of, a voucher or abstract which describes the
payee or payees and the items or services for which
such expenditure is being made, or
(B) the expenditure of funds pursuant to such
certification, and without such a voucher or abstract,
is specifically authorized by law; and
(2) unless such expenditure is subject to audit by the
General Accounting Office or is specifically exempt by law from
such audit.
Sec. 406. None of the funds provided in this Act to any department
or agency may be expended for the transportation of any officer or
employee of such department or agency between his domicile and his
place of employment, with the exception of any officer or employee
authorized such transportation under 31 U.S.C. 1344 or 5 U.S.C. 7905.
Sec. 407. None of the funds provided in this Act may be used for
payment, through grants or contracts, to recipients that do not share
in the cost of conducting research resulting from proposals not
specifically solicited by the Government: Provided, That the extent of
cost sharing by the recipient shall reflect the mutuality of interest
of the grantee or contractor and the Government in the research.
Sec. 408. None of the funds in this Act may be used, directly or
through grants, to pay or to provide reimbursement for payment of the
salary of a consultant (whether retained by the Federal Government or a
grantee) at more than the daily equivalent of the rate paid for Level
IV of the Executive Schedule, unless specifically authorized by law.
Sec. 409. None of the funds provided in this Act shall be used to
pay the expenses of, or otherwise compensate, non-Federal parties
intervening in regulatory or adjudicatory proceedings. Nothing herein
affects the authority of the Consumer Product Safety Commission
pursuant to section 7 of the Consumer Product Safety Act (15 U.S.C.
2056 et seq.).
Sec. 410. Except as otherwise provided under existing law or under
an existing Executive order issued pursuant to an existing law, the
obligation or expenditure of any appropriation under this Act for
contracts for any consulting service shall be limited to contracts
which are (1) a matter of public record and available for public
inspection, and (2) thereafter included in a publicly available list of
all contracts entered into within twenty-four months prior to the date
on which the list is made available to the public and of all contracts
on which performance has not been completed by such date. The list
required by the preceding sentence shall be updated quarterly and shall
include a narrative description of the work to be performed under each
such contract.
Sec. 411. Except as otherwise provided by law, no part of any
appropriation contained in this Act shall be obligated or expended by
any executive agency, as referred to in the Office of Federal
Procurement Policy Act (41 U.S.C. 401 et seq.), for a contract for
services unless such executive agency (1) has awarded and entered into
such contract in full compliance with such Act and the regulations
promulgated thereunder, and (2) requires any report prepared pursuant
to such contract, including plans, evaluations, studies, analyses and
manuals, and any report prepared by the agency which is substantially
derived from or substantially includes any report prepared pursuant to
such contract, to contain information concerning (A) the contract
pursuant to which the report was prepared, and (B) the contractor who
prepared the report pursuant to such contract.
Sec. 412. Except as otherwise provided in section 406, none of the
funds provided in this Act to any department or agency shall be
obligated or expended to provide a personal cook, chauffeur, or other
personal servants to any officer or employee of such department or
agency.
Sec. 413. None of the funds provided in this Act to any department
or agency shall be obligated or expended to procure passenger
automobiles as defined in 15 U.S.C. 2001 with an EPA estimated miles
per gallon average of less than 22 miles per gallon.
Sec. 414. None of the funds appropriated in title I of this Act
shall be used to enter into any new lease of real property if the
estimated annual rental is more than $300,000 unless the Secretary
submits, in writing, a report to the Committees on Appropriations of
the Congress and a period of 30 days has expired following the date on
which the report is received by the Committees on Appropriations.
Sec. 415. (a) Purchase of American-Made Equipment and Products.--It
is the sense of the Congress that, to the greatest extent practicable,
all equipment and products purchased with funds made available in this
Act should be American-made.
(b) Notice Requirement.--In providing financial assistance to, or
entering into any contract with, any entity using funds made available
in this Act, the head of each Federal agency, to the greatest extent
practicable, shall provide to such entity a notice describing the
statement made in subsection (a) by the Congress.
Sec. 416. None of the funds appropriated in this Act may be used to
implement any cap on reimbursements to grantees for indirect costs,
except as published in Office of Management and Budget Circular A-21.
Sec. 417. Such sums as may be necessary for fiscal year 1997 pay
raises for programs funded by this Act shall be absorbed within the
levels appropriated in this Act.
Sec. 418. None of the funds made available in this Act may be used
for any program, project, or activity, when it is made known to the
Federal entity or official to which the funds are made available that
the program, project, or activity is not in compliance with any Federal
law relating to risk assessment, the protection of private property
rights, or unfunded mandates.
Sec. 419. 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 1997.
Sec. 420. Corporations and agencies of the Department of Housing
and Urban Development which are subject to the Government Corporation
Control Act, as amended, are hereby authorized to make such
expenditures, within the limits of funds and borrowing authority
available to each such corporation or agency and in accord with law,
and to make such contracts and commitments without regard to fiscal
year limitations as provided by section 104 of the Act as may be
necessary in carrying out the programs set forth in the budget for 1997
for such corporation or agency except as hereinafter provided:
Provided, That collections of these corporations and agencies may be
used for new loan or mortgage purchase commitments only to the extent
expressly provided for in this Act (unless such loans are in support of
other forms of assistance provided for in this or prior appropriations
Acts), except that this proviso shall not apply to the mortgage
insurance or guaranty operations of these corporations, or where loans
or mortgage purchases are necessary to protect the financial interest
of the United States Government.
(95)Sec. 421. (a) The purpose of this section is to provide for the
special needs of certain children of Vietnam veterans who were born
with the birth defect spina bifida, possibly as the result of the
exposure of one or both parents to herbicides during active service in
the Republic of Vietnam during the Vietnam era, through the provision
of health care and monetary benefits.
(b)(1) Part II of title 38, United States Code, is amended by
inserting after chapter 17 the following new chapter:
``CHAPTER 18--BENEFITS FOR CHILDREN OF VIETNAM VETERANS WHO ARE BORN
WITH SPINA BIFIDA
``Sec.
``1801. Definitions.
``1802. Spina bifida conditions covered.
``1803. Health care.
``1804. Vocational training and rehabilitation.
``1805. Monetary allowance.
``1806. Effective date of awards.
``Sec. 1801. Definitions
``For the purposes of this chapter--
``(1) The term `child', with respect to a Vietnam veteran,
means a natural child of the Vietnam veteran, regardless of age
or marital status, who was conceived after the date on which
the veteran first entered the Republic of Vietnam during the
Vietnam era.
``(2) The term `Vietnam veteran' means a veteran who
performed active military, naval, or air service in the
Republic of Vietnam during the Vietnam era.
``Sec. 1802. Spina bifida conditions covered
``This chapter applies with respect to all forms and manifestations
of spina bifida except spina bifida occulta.
``Sec. 1803. Health care
``(a) In accordance with regulations which the Secretary shall
prescribe, the Secretary shall provide a child of a Vietnam veteran who
is suffering from spina bifida with such health care as the Secretary
determines is needed by the child for the spina bifida or any
disability that is associated with such condition.
``(b) The Secretary may provide health care under this section
directly or by contract or other arrangement with any health care
provider.
``(c) For the purposes of this section--
``(1) The term `health care'--
``(A) means home care, hospital care, nursing home
care, outpatient care, preventive care, habilitative
and rehabilitative care, case management, and respite
care; and
``(B) includes--
``(i) the training of appropriate members
of a child's family or household in the care of
the child; and
``(ii) the provision of such
pharmaceuticals, supplies, equipment, devices,
appliances, assistive technology, direct
transportation costs to and from approved
sources of health care, and other materials as
the Secretary determines necessary.
``(2) The term `health care provider' includes specialized
spina bifida clinics, health care plans, insurers,
organizations, institutions, and any other entity or individual
who furnishes health care that the Secretary determines
authorized under this section.
``(3) The term `home care' means outpatient care,
habilitative and rehabilitative care, preventive health
services, and health-related services furnished to an
individual in the individual's home or other place of
residence.
``(4) The term `hospital care' means care and treatment for
a disability furnished to an individual who has been admitted
to a hospital as a patient.
``(5) The term `nursing home care' means care and treatment
for a disability furnished to an individual who has been
admitted to a nursing home as a resident.
``(6) The term `outpatient care' means care and treatment
of a disability, and preventive health services, furnished to
an individual other than hospital care or nursing home care.
``(7) The term `preventive care' means care and treatment
furnished to prevent disability or illness, including periodic
examinations, immunizations, patient health education, and such
other services as the Secretary determines necessary to provide
effective and economical preventive health care.
``(8) The term `habilitative and rehabilitative care' means
such professional, counseling, and guidance services and
treatment programs (other than vocational training under
section 1804 of this title) as are necessary to develop,
maintain, or restore, to the maximum extent practicable, the
functioning of a disabled person.
``(9) The term `respite care' means care furnished on an
intermittent basis for a limited period to an individual who
resides primarily in a private residence when such care will
help the individual to continue residing in such private
residence.
``Sec. 1804. Vocational training and rehabilitation
``(a) Pursuant to such regulations as the Secretary may prescribe,
the Secretary may provide vocational training under this section to a
child of a Vietnam veteran who is suffering from spina bifida if the
Secretary determines that the achievement of a vocational goal by such
child is reasonably feasible.
``(b) Any program of vocational training for a child under this
section shall be designed in consultation with the child in order to
meet the child's individual needs and shall be set forth in an
individualized written plan of vocational rehabilitation.
``(c)(1) A vocational training program for a child under this
section--
``(A) shall consist of such vocationally oriented services
and assistance, including such placement and post-placement
services and personal and work adjustment training, as the
Secretary determines are necessary to enable the child to
prepare for and participate in vocational training or
employment; and
``(B) may include a program of education at an institution
of higher education if the Secretary determines that the
program of education is predominantly vocational in content.
``(2) A vocational training program under this subsection may not
include the provision of any loan or subsistence allowance or any
automobile adaptive equipment.
``(d)(1) Except as provided in paragraph (2) and subject to
subsection (e)(2), a vocational training program under this section may
not exceed 24 months.
``(2) The Secretary may grant an extension of a vocational training
program for a child under this section for up to 24 additional months
if the Secretary determines that the extension is necessary in order
for the child to achieve a vocational goal identified (before the end
of the first 24 months of such program) in the written plan of
vocational rehabilitation formulated for the child pursuant to
subsection (b).
``(e)(1) A child who is pursuing a program of vocational training
under this section and is also eligible for assistance under a program
under chapter 35 of this title may not receive assistance under both
such programs concurrently. The child shall elect (in such form and
manner as the Secretary may prescribe) the program under which the
child is to receive assistance.
``(2) The aggregate period for which a child may receive assistance
under this section and chapter 35 of this title may not exceed 48
months (or the part-time equivalent thereof).
``Sec. 1805. Monetary allowance
``(a) The Secretary shall pay a monthly allowance under this
chapter to any child of a Vietnam veteran for any disability resulting
from spina bifida suffered by such child.
``(b)(1) The amount of the allowance paid to a child under this
section shall be based on the degree of disability suffered by the
child, as determined in accordance with such schedule for rating
disabilities resulting from spina bifida as the Secretary may
prescribe.
``(2) The Secretary shall, in prescribing the rating schedule for
the purposes of this section, establish three levels of disability upon
which the amount of the allowance provided by this section shall be
based.
``(3) The amounts of the allowance shall be $200 per month for the
lowest level of disability prescribed, $700 per month for the
intermediate level of disability prescribed, and $1,200 per month for
the highest level of disability prescribed. Such amounts are subject to
adjustment under section 5312 of this title.
``(c) Notwithstanding any other provision of law, receipt by a
child of an allowance under this section shall not impair, infringe, or
otherwise affect the right of the child to receive any other benefit to
which the child may otherwise be entitled under any law administered by
the Secretary, nor shall receipt of such an allowance impair, infringe,
or otherwise affect the right of any individual to receive any benefit
to which the individual is entitled under any law administered by the
Secretary that is based on the child's relationship to the individual.
``(d) Notwithstanding any other provision of law, the allowance
paid to a child under this section shall not be considered income or
resources in determining eligibility for or the amount of benefits
under any Federal or federally assisted program.
``Sec. 1806. Effective date of awards
``The effective date for an award of benefits under this chapter
shall be fixed in accordance with the facts found, but shall not be
earlier than the date of receipt of application for the benefits.''.
(2) The tables of chapters before part I and at the beginning of
part II of such title are each amended by inserting after the item
referring to chapter 17 the following new item:
``18. Benefits for Children of Vietnam Veterans Who Are Born 1801''.
With Spina Bifida.
(c) Section 5312 of title 38, United States Code, is amended--
(1) in subsection (a)--
(A) by striking out ``and the rate of increased
pension'' and inserting in lieu thereof ``, the rate of
increased pension''; and
(B) by inserting after ``on account of children,''
the following: ``and each rate of monthly allowance
paid under section 1805 of this title,''; and
(2) in subsection (c)(1), by striking out ``and 1542'' and
inserting in lieu thereof ``1542, and 1805''.
(d) This section and the amendments made by this section shall take
effect on January 1, 1997.
Sec. 422. (a) Section 1151 of title 38, United States Code, is
amended--
(1) by striking out the first sentence and inserting in
lieu thereof the following:
``(a) Compensation under this chapter and dependency and indemnity
compensation under chapter 13 of this title shall be awarded for a
qualifying additional disability or a qualifying death of a veteran in
the same manner as if such additional disability or death were service-
connected. For purposes of this section, a disability or death is a
qualifying additional disability or qualifying death if the disability
or death was not the result of the veteran's willful misconduct and--
``(1) the disability or death was caused by hospital care,
medical or surgical treatment, or examination furnished the
veteran under any law administered by the Secretary, either by
a Department employee or in a Department facility as defined in
section 1701(3)(A) of this title, and the proximate cause of
the disability or death was--
``(A) carelessness, negligence, lack of proper
skill, error in judgment, or similar instance of fault
on the part of the Department in furnishing the
hospital care, medical or surgical treatment, or
examination; or
``(B) an event not reasonably foreseeable; or
``(2) the disability or death was proximately caused by the
provision of training and rehabilitation services by the
Secretary (including by a service-provider used by the
Secretary for such purpose under section 3115 of this title) as
part of an approved rehabilitation program under chapter 31 of
this title.''; and
(2) in the second sentence--
(A) by redesignating that sentence as subsection
(b);
(B) by striking out ``, aggravation,'' both places
it appears; and
(C) by striking out ``sentence'' and substituting
in lieu thereof ``subsection''.
(b)(1) The amendments made by subsection (a) shall take effect on
October 1, 1996.
(2) Section 1151 of title 38, United States Code (as amended by
subsection (a)), shall govern all administrative and judicial
determinations of eligibility for benefits under such section that are
made with respect to claims filed on or after the effective date set
forth in paragraph (1), including those based on original applications
and applications seeking to reopen, revise, reconsider, or otherwise
readjudicate on any basis claims for benefits under such section 1151
or any provision of law that is a predecessor of such section.
(96)<DELETED>Sec. 421. None of the funds appropriated or otherwise
made available by this Act may be used to pay the salaries of personnel
who approve a contract for the purchase, lease, or acquisition in any
manner of supercomputing equipment or services after a preliminary
determination, as defined in 19 U.S.C. 1673b, or final determination,
as defined in 19 U.S.C. 1673d, by the Department of Commerce that an
organization providing such supercomputing equipment or services has
offered such product at other than fair value.
</DELETED> (97)<DELETED>Sec. 422. None of the funds made available
in this Act for the National Aeronautics and Space Administration may
be used for the National Center for Science Literacy, Education and
Technology at the American Museum of Natural History.
</DELETED> (98)<DELETED>Sec. 423. (a) Denial of Funds for Preventing
ROTC Access to Campus.--None of the funds made available in this Act
may be provided by contract or by grant (including a grant of funds to
be available for student aid) to an institution of higher education
when it is made known to the Federal official having authority to
obligate or expend such funds that the institution (or any subelement
thereof) has a policy or practice (regardless of when implemented) that
prohibits, or in effect prevents--
<DELETED> (1) the maintaining, establishing, or operation of
a unit of the Senior Reserve Officer Training Corps (in
accordance with section 654 of title 10, United States Code,
and other applicable Federal laws) at the institution (or
subelement); or</DELETED>
<DELETED> (2) a student at the institution (or subelement)
from enrolling in a unit of the Senior Reserve Officer Training
Corps at another institution of higher education.</DELETED>
<DELETED> (b) Exception.--The limitation established in subsection
(a) shall not apply to an institution of higher education when it is
made known to the Federal official having authority to obligate or
expend such funds that--</DELETED>
<DELETED> (1) the institution (or subelement) has ceased the
policy or practice described in such subsection; or</DELETED>
<DELETED> (2) the institution has a longstanding policy of
pacifism based on historical religious affiliation.</DELETED>
(99)<DELETED>Sec. 424. (a) Denial of Funds for Preventing Federal
Military Recruiting on Campus.--None of the funds made available in
this Act may be provided by contract or grant (including a grant of
funds to be available for student aid) to any institution of higher
education when it is made known to the Federal official having
authority to obligate or expend such funds that the institution (or any
subelement thereof) has a policy or practice (regardless of when
implemented) that prohibits, or in effect prevents--
<DELETED> (1) entry to campuses, or access to students (who
are 17 years of age or older) on campuses, for purposes of
Federal military recruiting; or</DELETED>
<DELETED> (2) access to the following information pertaining
to students (who are 17 years of age or older) for purposes of
Federal military recruiting: student names, addresses,
telephone listings, dates and places of birth, levels of
education, degrees received, prior military experience, and the
most recent previous educational institutions enrolled in by
the students.</DELETED>
<DELETED> (b) Exception.--The limitation established in subsection
(a) shall not apply to an institution of higher education when it is
made known to the Federal official having authority to obligate or
expend such funds that--</DELETED>
<DELETED> (1) the institution (or subelement) has ceased the
policy or practice described in such subsection; or</DELETED>
<DELETED> (2) the institution has a longstanding policy of
pacifism based on historical religious affiliation.</DELETED>
(100)<DELETED>Sec. 425. None of the funds made available in this
Act may be obligated or expended to enter into or renew a contract with
an entity when it is made known to the Federal official having
authority to obligate or expend such funds that--
<DELETED> (1) such entity is otherwise a contractor with the
United States and is subject to the requirement in section
4212(d) of title 38, United States Code, regarding submission
of an annual report to the Secretary of Labor concerning
employment of certain veterans; and</DELETED>
<DELETED> (2) such entity has not submitted a report as
required by that section for the most recent year for which
such requirement was applicable to such entity.</DELETED>
(101)<DELETED>Sec. 426. The amount provided in title I for
``Veterans Health Administration--Medical Care'' is hereby increased
by, the amount provided in title I for ``Departmental Administration--
General operating expenses'' is hereby increased by, and the total of
the amounts of budget authority provided in this Act for payments not
required by law for the fiscal year ending September 30, 1997 (other
than any amount of budget authority provided in title I and any such
amount provided in title III for the American Battle Monuments
Commission, the Court of Veterans Appeals, or Cemeterial Expenses,
Army), is hereby reduced by, $40,000,000, $17,000,000, and 0.40
percent, respectively.
</DELETED> (102)<DELETED>Sec. 427. The amounts otherwise provided by
this Act are revised by increasing the amount made available for
``Veterans Health Administration--Medical Care'', increasing the amount
made available for ``Veterans Health Administration--Medical and
Prosthetic Research'', reducing the amount made available for
``Corporation for National and Community Service--National and
Community Service Programs Operating Expenses'', and reducing the
amount made available for ``Corporation for National and Community
Service--Office of Inspector General'', by $20,000,000, $20,000,000,
$365,000,000, and $2,000,000, respectively.
</DELETED> (103)<DELETED>Sec. 428. None of the funds made available
in this Act may be used by the Environmental Protection Agency to
issue, reissue, or renew any approval or authorization for any facility
to store or dispose of polychlorinated biphenyls when it is made known
to the Federal official having authority to obligate or expend such
funds that there is in effect at the time of the issuance, reissuance,
or renewal a rule authorizing any person to import into the customs
territory of the United States for treatment or disposal any
polychlorinated biphenyls, or polychlorinated biphenyl items, at
concentrations of more than 50 parts per million.
</DELETED> (104)<DELETED>Sec. 429. None of the funds made available
to the Environmental Protection Agency under the heading ``Hazardous
Substance Superfund'' may be used to implement any retroactive
liability discount reimbursement described in the amendment made by
section 201 of H.R. 2500, as introduced on October 18, 1995.
</DELETED> Sec. 430. FHA Mortgage Insurance Premiums.--Section
203(c)(2)(A) of the National Housing Act (12 U.S.C. 1709(c)(2)(A)) is
amended by inserting after the first sentence the following new
sentence: ``In the case of mortgage for which the mortgagor is a first-
time homebuyer who completes a program of counseling with respect to
the responsibilities and financial management involved in homeownership
that is approved by the Secretary, the premium payment under this
subparagraph shall not exceed 2.0 percent of the amount of the original
insured principal obligation of the mortgage.''.
Sec. 431. (a) Authority to Use Amounts Borrowed From Family Members
for Downpayments on FHA-insured Loans.--Section 203(b)(9) of the
National Housing Act (12 U.S.C. 1709(b)(9)) is amended by inserting
before the period at the end the following: ``: Provided further, That
for purposes of this paragraph, the Secretary shall consider as cash or
its equivalent any amounts borrowed from a family member (as such term
is defined in section 201), subject only to the requirements that, in
any case in which the repayment of such borrowed amounts is secured by
a lien against the property, such lien shall be subordinate to the
mortgage and the sum of the principal obligation of the mortgage and
the obligation secured by such lien may not exceed 100 percent of the
appraised value of the property plus any initial service charges,
appraisal, inspection, and other fees in connection with the
mortgage''.
(b) Definition of Family Member.--Section 201 of the National
Housing Act (12 U.S.C. 1707) is amended by adding at the end the
following new subsections:
``(e) The term `family member' means, with respect to a mortgagor
under such section, a child, parent, or grandparent of the mortgagor
(or the mortgagor's spouse). In determining whether any of the
relationships referred to in the preceding sentence exist, a legally
adopted son or daughter of an individual (and a child who is a member
of an individual's household, if placed with such individual by an
authorized placement agency for legal adoption by such individual), and
a foster child of an individual, shall be treated as a child of such
individual by blood.
``(f) The term `child' means, with respect to a mortgagor under
such section, a son, stepson, daughter, or stepdaughter of such
mortgagor.''.
(105)<DELETED>Sec. 432. Sections 401 and 402 of the bill, H.R.
1708, 104th Congress, as introduced in the House of Representatives on
May 24, 1995, are hereby enacted into law.
</DELETED>SEC. 432. CALCULATION OF DOWNPAYMENT.
Section 203(b) of the National Housing Act (12 U.S.C. 1709(b)) is
amended by adding at the end the following new paragraph:
``(10) Alaska and Hawaii.--
``(A) In general.--Notwithstanding any other
provision of this subsection, with respect to a
mortgage originated in the State of Alaska or the State
of Hawaii, involve a principal obligation not in excess
of the sum of--
``(i) the amount of the mortgage insurance
premium paid at the time the mortgage is
insured; and
``(ii)(I) in the case of a mortgage for a
property with an appraised value equal to or
less than $50,000, 98.75 percent of the
appraised value of the property;
``(II) in the case of a mortgage for a
property with an appraised value in excess of
$50,000 but not in excess of $125,000, 97.65
percent of the appraised value of the property;
``(III) in the case of a mortgage for a
property with an appraised value in excess of
$125,000, 97.15 percent of the appraised value
of the property; or
``(IV) notwithstanding subclauses (II) and
(III), in the case of a mortgage for a property
with an appraised value in excess of $50,000
that is located in an area of the State for
which the average closing cost exceeds 2.10
percent of the average, for the State, of the
sale price of properties located in the State
for which mortgages have been executed, 97.75
percent of the appraised value of the property.
``(B) Average closing cost.--For purposes of this
paragraph, the term `average closing cost' means, with
respect to a State, the average, for mortgages executed
for properties that are located within the State, of
the total amounts (as determined by the Secretary) of
initial service charges, appraisal, inspection, and
other fees (as the Secretary shall approve) that are
paid in connection with such mortgages.''.
Sec. 433. Delegation of Single Family Mortgage Insuring Authority
to Direct Endorsement Mortgagees.--Title II of the National Housing Act
(12 U.S.C. 1707 et seq.) is amended by adding at the end the following
new section:
``delegation of insuring authority to direct endorsement mortgagees
``Sec. 256.(a) Authority.--The Secretary may delegate, to one or
more mortgages approved by the Secretary under the direct endorsement
program, the authority of the Secretary under this Act to insure
mortgages involving property upon which there is located a dwelling
designed principally for occupancy by 1 to 4 families.
``(b) Considerations.--In determining whether to delegate authority
to a mortgagee under this section, the Secretary shall consider the
experience and performance of the mortgagee compared to the default
rate of all insured mortgages in comparable markets, and such other
factors as the Secretary determines appropriate to minimize risk of
loss to the insurance funds under this Act.
``(c) Enforcement of Insurance Requirements.--
``(1) In general.--If the Secretary determines that a
mortgage insured by a mortgagee pursuant to delegation of
authority under this section was not originated in accordance
with the requirements established by the Secretary, and the
Secretary pays an insurance claim with respect to the mortgage
within a reasonable period specified by the Secretary, the
Secretary may require the mortgagee approved under this section
to indemnify the Secretary for the loss.
``(2) Fraud or misrepresentation.--If fraud or
misrepresentation was involved in connection with the
origination, the Secretary may require the mortgagee approved
under this section to indemnify the Secretary for the loss
regardless of when an insurance claim is paid.
``(d) Termination of Mortgagee's Authority.--If a mortgagee to
which the Secretary has made a delegation under this section violates
the requirements and procedures established by the Secretary or the
Secretary determines that other good cause exists, the Secretary may
cancel a delegation of authority under this section to the mortgagee by
giving notice to the mortgagee. Such a cancellation shall be effective
upon receipt of the notice by the mortgagee or at a later date
specified by the Secretary. A decision by the Secretary to cancel a
delegation shall be final and conclusive and shall not be subject to
judicial review.
``(e) Requirements and Procedures.--Before approving a delegation
under this section, the Secretary shall issue regulations establishing
appropriate requirements and procedures, including requirements and
procedures governing the indemnification of the Secretary by the
Mortgagee.''.
(106)<DELETED>Sec. 433. None of the funds made available in this
Act for the National Aeronautics and Space Administration may be used
to carry out, or pay the salaries of personnel who carry out, the Bion
11 and Bion 12 projects.
</DELETED>(107)SEC. 434. SENSE OF THE SENATE WITH REGARD TO COMPLIANCE
WITH INTERNATIONAL OBLIGATIONS.
(a) Findings.--Congress finds that--
(1) in response to a dispute settlement finding against the
United States by the World Trade Organization, the United
States informed the World Trade Organization on June 19, 1996,
that the United States intends to meet its international
obligations to the World Trade Organization with respect to the
Environmental Protection Agency's requirements on imported
reformulated and conventional gasoline;
(2) the Environmental Protection Agency has initiated an
open process to examine any and all options for compliance with
international obligations of the United States in which a key
criterion will be fully protecting public health and the
environment; and
(3) many United States environmental and industrial
organizations are concerned about the ``Regulation of Fuels and
Fuel Additives: Individual Foreign Refinery Baseline
Requirements for Reformulated Gasoline'' proposed on May 3,
1994 (59 Fed. Reg. 84).
(b) Sense of the Senate.--It is the sense of the Senate that, in
evaluating any option for compliance with international obligations,
the Administrator of the Environmental Protection Agency should--
(1) take fully into account the protection of public health
and the environment and the international obligations of the
United States as a member of the World Trade Organization;
(2) ensure that the compliance review process not result in
the degradation of the gasoline quality required by the Clean
Air Act (42 U.S.C. 7401 et seq.) with respect to conventional
and reformulated gasoline;
(3) not recognize individual foreign refiner baselines
unless the Administrator determines that the issues of
auditing, inspection of foreign facilities, and enforcement
have been adequately addressed; and
(4) provide a full and open administrative process in the
formulation of any final rule.
(108)SEC. 435. IMPLEMENTATION OF COMPREHENSIVE CONSERVATION AND
MANAGEMENT PLANS.
Notwithstanding section 320(g) of the Federal Water Pollution
Control Act (33 U.S.C. 1330(g)), funds made available pursuant to
authorization under such section for fiscal year 1997 and prior fiscal
years may be used for implementing comprehensive conservation and
management plans.
(109)Sec. 436. (a) <DELETED>Plan</DELETED>.--(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 Networks of the Department so as to
ensure that veterans who have similar economic status and eligibility
priority and who are eligible for medical care have similar access to
such care regardless of the region of the United States in which such
veterans reside.
(2) The plan shall--
(A) reflect, to the maximum extent possible, the Veterans
Integrated Service Network developed by the Department to
account for forecasts in expected workload and to ensure
fairness to facilities that provide cost-efficient health care;
and
(B) include--
(i) procedures to identify reasons for variations
in operating costs among similar facilities where
Network allocations are based on similar unit costs for
similar services and workload;
(ii) ways to improve the allocation of resources so
as to promote efficient use of resources and provision
of quality health care;
(iii) adjustments to unit costs in subsection (a)
to reflect factors which directly influence the cost of
health care delivery within each Network and where such
factors are not under the control of Network or
Department management; and
(iv) include forecasts in expected workload and
consideration of the demand for VA health care that may
not be reflected in current workload projections.
(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
paragraph (1) of that subsection; and
(2) a means of evaluating the success of the Secretary in
meeting the goal.
(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) Implementation.--The Secretary shall implement the plan
developed under subsection (a) not later than 60 days after submitting
the plan to Congress under subsection (c), unless within that time the
Secretary notifies Congress that the plan will not be implemented in
that time and includes with the notification an explanation why the
plan will not be implemented in that time.
(110)Sec. 437. GAO Audit on Staffing and Contracting.--The
Comptroller General shall audit the operations of the Office of Federal
Housing Enterprise Oversight concerning staff organization, expertise,
capacity, and contracting authority to ensure that the office resources
and contract authority are adequate and that they are being used
appropriately to ensure that the Federal National Mortgage Association
and the Federal Home Loan Mortgage Corporation are adequately
capitalized and operating safely.
(111)Sec. 438. None of the funds appropriated or otherwise made
available to the National Aeronautics and Space Administration by this
Act, or any other Act enacted before the date of the enactment of this
Act, may be used by the Administrator of the National Aeronautics and
Space Administration to relocate aircraft of the National Aeronautics
and Space Administration to Dryden Flight Research Center, California,
for purposes of the consolidation of such aircraft.
(112)Sec. 439. Revision of Name of Japan-United States Friendship
Commission.--(1)(A) The first sentence of section 4(a) of the Japan-
United States Friendship Act (22 U.S.C. 2903(a)) is amended by striking
out ``Japan-United States Friendship Commission'' and inserting in lieu
thereof ``United States-Japan Commission''.
(B) The section heading of such section is amended to read as
follows:
``UNITED STATES-JAPAN COMMISSION''.
(2) Subsection (c) of section 3 of that Act (22 U.S.C. 2902) is
amended by striking out ``Japan-United States Friendship Commission''
and inserting in lieu thereof ``United States-Japan Commission''.
(3) Any reference to the Japan-United States Friendship Commission
in any Federal law, Executive order, regulation, delegation of
authority, or other document shall be deemed to refer to the United
States-Japan Commission.
(113)Sec. 440. (a) Subject to the concurrence of the Administrator
of the General Services Administration (GSA) and notwithstanding
section 707 of Public Law 103-433, the Administrator of the National
Aeronautics and Space Administration may convey to the city of Downey,
California, all right, title, and interest of the United States in and
to a parcel of real property, including improvements thereon,
consisting of approximately 60 acres and known as Parcels III, IV, V,
and VI of the NASA Industrial Plant, Downey, California.
(b)(1) Delay in payment of consideration.--After the end of the 20-
year period beginning on the date on which the conveyance under
subsection (a) is completed, the City of Downey shall pay to the United
States an amount equal to fair market value of the conveyed property as
of the date of the conveyance from NASA.
(2) Effect of reconveyance by the city.--If the City of Downey
reconveys all or any part of the conveyed property during such 20-year
period, the City shall pay to the United States an amount equal to the
fair market value of the reconveyed property as of the time of the
reconveyance, excluding the value of any improvements made to the
property by the City.
(3) Determination of fair market value.--The Administrator of NASA
shall determine fair market value in accordance with Federal appraisal
standards and procedures.
(4) Treatment of leases.--The Administrator of NASA may treat a
lease of the property within such 20-year period as a reconveyance if
the Administrator determines that the lease is being used to avoid
application of paragraph (b)(2).
(5) Deposit of proceeds.--The Administrator of NASA shall deposit
any proceeds received under this subsection in the special account
established pursuant to section 204(h)(2) of the Federal Property and
Administrative Services Act of 1949 (40 U.S.C. 485(h)(2)).
(c) The exact acreage and legal description of the real property to
be conveyed under subsection (a) shall be determined by a survey
satisfactory to the Administrator. The cost of the survey shall be
borne by the City of Downey, California.
(d) The Administrator may require such additional terms and
conditions in connection with the conveyance under subsection (a) as
the Administrator considers appropriate to protect the interests of the
United States.
(e) If the City at any time after the conveyance of the property
under subsection (a) notifies the Administrator that the City no longer
wishes to retain the property, it may convey the property under the
terms of subsection (b), or, it may revert all right, title, and
interest in and to the property (including any facilities, equipment,
or fixtures conveyed, but excluding the value of any improvements made
to the property by the City) to the United States, and the United
States shall have the right of immediate entry onto the property.
(114)TITLE V
SUPPLEMENTAL
(115)DEPARTMENT OF VETERANS AFFAIRS
Veterans Benefits Administration
compensation and pensions
For an additional amount for ``Compensation and Pensions'',
$100,000,000, to be made available upon enactment of this Act, to
remain available until expended.
(116)DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Government National Mortgage Association
guarantees of mortgage backed securities loan guarantee program account
During fiscal year 1996 and in addition to commitments previously
provided, additional commitments to issue guarantees to carry out
section 306 of the National Housing Act, as amended (12 U.S.C.
1721(g)), shall not exceed $20,000,000,000.
(117)TITLE VI--NEWBORNS' AND MOTHERS' HEALTH PROTECTION ACT OF 1996
SEC. 601. SHORT TITLE.
This title may be cited as the ``Newborns' and Mothers' Health
Protection Act of 1996''.
SEC. 602. FINDINGS.
Congress finds that--
(1) the length of post-delivery inpatient care should be
based on the unique characteristics of each mother and her
newborn child, taking into consideration the health of the
mother, the health and stability of the newborn, the ability
and confidence of the mother and father to care for the
newborn, the adequacy of support systems at home, and the
access of the mother and newborn to appropriate follow-up
health care; and
(2) the timing of the discharge of a mother and her newborn
child from the hospital should be made by the attending
provider in consultation with the mother.
SEC. 603. REQUIRED COVERAGE FOR MINIMUM HOSPITAL STAY FOLLOWING BIRTH.
(a) In General.--Except as provided in subsection (b), a health
plan or an employee health benefit plan that provides maternity
benefits, including benefits for childbirth, shall ensure that coverage
is provided with respect to a mother who is a participant, beneficiary,
or policyholder under such plan and her newborn child for a minimum of
48 hours of inpatient length of stay following a normal vaginal
delivery, and a minimum of 96 hours of inpatient length of stay
following a caesarean section, without requiring the attending provider
to obtain authorization from the health plan or employee health benefit
plan.
(b) Exception.--Notwithstanding subsection (a), a health plan or an
employee health benefit plan shall not be required to provide coverage
for post-delivery inpatient length of stay for a mother who is a
participant, beneficiary, or policyholder under such plan and her
newborn child for the period referred to in subsection (a) if--
(1) a decision to discharge the mother and her newborn
child prior to the expiration of such period is made by the
attending provider in consultation with the mother; and
(2) the health plan or employee health benefit plan
provides coverage for post-delivery follow-up care as described
in section 604.
SEC. 604. POST-DELIVERY FOLLOW-UP CARE.
(a) In General.--
(1) General rule.--In the case of a decision to discharge a
mother and her newborn child from the inpatient setting prior
to the expiration of 48 hours following a normal vaginal
delivery or 96 hours following a caesarean section, the health
plan or employee health benefit plan shall provide coverage for
timely post-delivery care. Such health care shall be provided
to a mother and her newborn child by a registered nurse,
physician, nurse practitioner, nurse midwife or physician
assistant experienced in maternal and child health in--
(A) the home, a provider's office, a hospital, a
birthing center, an intermediate care facility, a
federally qualified health center, a federally
qualified rural health clinic, or a State health
department maternity clinic; or
(B) another setting determined appropriate under
regulations promulgated by the Secretary, in
consultation with the Secretary of Health and Human
Services.
The attending provider in consultation with the mother shall
decide the most appropriate location for follow-up care.
(2) Considerations by secretary.--In promulgating
regulations under paragraph (1)(B), the Secretary shall
consider telemedicine and other innovative means to provide
follow-up care and shall consider care in both urban and rural
settings.
(b) Timely Care.--As used in subsection (a), the term ``timely
post-delivery care'' means health care that is provided--
(1) following the discharge of a mother and her newborn
child from the inpatient setting; and
(2) in a manner that meets the health care needs of the
mother and her newborn child, that provides for the appropriate
monitoring of the conditions of the mother and child, and that
occurs not later than the 72-hour period immediately following
discharge.
(c) Consistency With State Law.--The Secretary shall, with respect
to regulations promulgated under subsection (a) concerning appropriate
post-delivery care settings, ensure that, to the extent practicable,
such regulations are consistent with State licensing and practice laws.
SEC. 605. PROHIBITIONS.
In implementing the requirements of this title, a health plan or an
employee health benefit plan may not--
(1) deny enrollment, renewal, or continued coverage to a
mother and her newborn child who are participants,
beneficiaries or policyholders based on compliance with this
title;
(2) provide monetary payments or rebates to mothers to
encourage such mothers to request less than the minimum
coverage required under this title;
(3) penalize or otherwise reduce or limit the reimbursement
of an attending provider because such provider provided
treatment to an individual patient in accordance with this
title; or
(4) provide incentives (monetary or otherwise) to an
attending provider to induce such provider to provide treatment
to an individual policyholder, participant, or beneficiary in a
manner inconsistent with this title.
SEC. 606. NOTICE.
(a) Employee Health Benefit Plan.--An employee health benefit plan
shall provide conspicuous notice to each participant regarding coverage
required under this Act not later than 120 days after the date of
enactment of this title, and as part of its summary plan description.
(b) Health Plan.--A health plan shall provide notice to each
policyholder regarding coverage required under this title. Such notice
shall be in writing, prominently positioned, and be transmitted--
(1) in a mailing made within 120 days of the date of
enactment of this title by such plan to the policyholder; and
(2) as part of the annual informational packet sent to the
policyholder.
SEC. 607. APPLICABILITY.
(a) Construction.--
(1) In general.--A requirement or standard imposed under
this title on a health plan shall be deemed to be a requirement
or standard imposed on the health plan issuer. Such
requirements or standards shall be enforced by the State
insurance commissioner for the State involved or the official
or officials designated by the State to enforce the
requirements of this title. In the case of a health plan
offered by a health plan issuer in connection with an employee
health benefit plan, the requirements or standards imposed
under this title shall be enforced with respect to the health
plan issuer by the State insurance commissioner for the State
involved or the official or officials designated by the State
to enforce the requirements of this title.
(2) Limitation.--Except as provided in section 608(c), the
Secretary shall not enforce the requirements or standards of
this title as they relate to health plan issuers or health
plans. In no case shall a State enforce the requirements or
standards of this title as they relate to employee health
benefit plans.
(b) ERISA.--Nothing in this title shall be construed to affect or
modify the provisions of section 514 of the Employee Retirement Income
Security Act of 1974 (29 U.S.C. 1144).
(c) Effect on Mother.--Nothing in this title shall be construed to
require that a mother who is a participant, beneficiary, or
policyholder covered under this title--
(1) give birth in a hospital; or
(2) stay in the hospital for a fixed period of time
following the birth of her child.
(d) Level and Type of Reimbursements.--Nothing in this title shall
be construed to prevent a health plan or an employee health benefit
plan from negotiating the level and type of reimbursement with an
attending provider for care provided in accordance with this title.
SEC. 608. ENFORCEMENT.
(a) Health Plan Issuers.--Each State shall require that each health
plan issued, sold, renewed, offered for sale or operated in such State
by a health plan issuer meet the standards established under this
title. A State shall submit such information as required by the
Secretary demonstrating effective implementation of the requirements of
this title.
(b) Employee Health Benefit Plans.--With respect to employee health
benefit plans, the standards established under this title shall be
enforced in the same manner as provided for under sections 502, 504,
506, and 510 of the Employee Retirement Income Security Act of 1974 (29
U.S.C. 1132, 1134, 1136, and 1140). The civil penalties contained in
paragraphs (1) and (2) of section 502(c) of such Act (29 U.S.C.
1132(c)(1) and (2)) shall apply to any information required by the
Secretary to be disclosed and reported under this section.
(c) Failure to Enforce.--In the case of the failure of a State to
substantially enforce the standards and requirements set forth in this
title with respect to health plans, the Secretary, in consultation with
the Secretary of Health and Human Services, shall enforce the standards
of this title in such State. In the case of a State that fails to
substantially enforce the standards set forth in this title, each
health plan issuer operating in such State shall be subject to civil
enforcement as provided for under sections 502, 504, 506, and 510 of
the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1132,
1134, 1136, and 1140). The civil penalties contained in paragraphs (1)
and (2) of section 502(c) of such Act (29 U.S.C. 1132(c)(1) and (2))
shall apply to any information required by the Secretary to be
disclosed and reported under this section.
(d) Regulations.--The Secretary, in consultation with the Secretary
of Health and Human Services, may promulgate such regulations as may be
necessary or appropriate to carry out this title.
SEC. 609. DEFINITIONS.
As used in this title:
(1) Attending provider.--The term ``attending provider''
shall include--
(A) the obstetrician-gynecologists, pediatricians,
family physicians, and other physicians primarily
responsible for the care of a mother and newborn; and
(B) the nurse midwives and nurse practitioners
primarily responsible for the care of a mother and her
newborn child in accordance with State licensure and
certification laws.
(2) Beneficiary.--The term ``beneficiary'' has the meaning
given such term under section 3(8) of the Employee Retirement
Income Security Act of 1974 (29 U.S.C. 1002(8)).
(3) Employee health benefit plan.--
(A) In general.--The term ``employee health benefit
plan'' means any employee welfare benefit plan,
governmental plan, or church plan (as defined under
paragraphs (1), (32), and (33) of section 3 of the
Employee Retirement Income Security Act of 1974 (29
U.S.C. 1002 (1), (32), and (33))) that provides or pays
for health benefits (such as provider and hospital
benefits) for participants and beneficiaries whether--
(i) directly;
(ii) through a health plan offered by a
health plan issuer as defined in paragraph (4);
or
(iii) otherwise.
(B) Rule of construction.--An employee health
benefit plan shall not be construed to be a health plan
or a health plan issuer.
(C) Arrangements not included.--Such term does not
include the following, or any combination thereof:
(i) Coverage only for accident, or
disability income insurance, or any combination
thereof.
(ii) Medicare supplemental health insurance
(as defined under section 1882(g)(1) of the
Social Security Act).
(iii) Coverage issued as a supplement to
liability insurance.
(iv) Liability insurance, including general
liability insurance and automobile liability
insurance.
(v) Workers compensation or similar
insurance.
(vi) Automobile medical payment insurance.
(vii) Coverage for a specified disease or
illness.
(viii) Hospital or fixed indemnity
insurance.
(ix) Short-term limited duration insurance.
(x) Credit-only, dental-only, or vision-
only insurance.
(xi) A health insurance policy providing
benefits only for long-term care, nursing home
care, home health care, community-based care,
or any combination thereof.
(4) Group purchaser.--The term ``group purchaser'' means
any person (as defined under paragraph (9) of section 3 of the
Employee Retirement Income Security Act of 1974 (29 U.S.C.
1002(9)) or entity that purchases or pays for health benefits
(such as provider or hospital benefits) on behalf of
participants or beneficiaries in connection with an employee
health benefit plan.
(5) Health plan.--
(A) In general.--The term ``health plan'' means any
group health plan or individual health plan.
(B) Group health plan.--The term ``group health
plan'' means any contract, policy, certificate or other
arrangement offered by a health plan issuer to a group
purchaser that provides or pays for health benefits
(such as provider and hospital benefits) in connection
with an employee health benefit plan.
(C) Individual health plan.--The term ``individual
health plan'' means any contract, policy, certificate
or other arrangement offered to individuals by a health
plan issuer that provides or pays for health benefits
(such as provider and hospital benefits) and that is
not a group health plan.
(D) Arrangements not included.--Such term does not
include the following, or any combination thereof:
(i) Coverage only for accident, or
disability income insurance, or any combination
thereof.
(ii) Medicare supplemental health insurance
(as defined under section 1882(g)(1) of the
Social Security Act).
(iii) Coverage issued as a supplement to
liability insurance.
(iv) Liability insurance, including general
liability insurance and automobile liability
insurance.
(v) Workers compensation or similar
insurance.
(vi) Automobile medical payment insurance.
(vii) Coverage for a specified disease or
illness.
(viii) Hospital or fixed indemnity
insurance.
(ix) Short-term limited duration insurance.
(x) Credit-only, dental-only, or vision-
only insurance.
(xi) A health insurance policy providing
benefits only for long-term care, nursing home
care, home health care, community-based care,
or any combination thereof.
(E) Certain plans included.--Such term includes any
plan or arrangement not described in any clause of
subparagraph (D) which provides for benefit payments,
on a periodic basis, for--
(i) a specified disease or illness, or
(ii) a period of hospitalization,
without regard to the costs incurred or services
rendered during the period to which the payments
relate.
(6) Health plan issuer.--The term ``health plan issuer''
means any entity that is licensed (prior to or after the date
of enactment of this title) by a State to offer a health plan.
(7) Participant.--The term ``participant'' has the meaning
given such term under section 3(7) of the Employee Retirement
Income Security Act of 1974 (29 U.S.C. 1002(7)).
(8) Secretary.--The term ``Secretary'' unless otherwise
specified means the Secretary of Labor.
SEC. 610. PREEMPTION.
(a) In General.--The provisions of sections 603, 605, and 606
relating to inpatient care shall not preempt a State law or
regulation--
(1) that provides greater protections to patients or
policyholders than those required in this title;
(2) that requires health plans to provide coverage for at
least 48 hours of inpatient length of stay following a normal
vaginal delivery, and at least 96 hours of inpatient length of
stay following a caesarean section;
(3) that requires health plans to provide coverage for
maternity and pediatric care in accordance with guidelines
established by the American College of Obstetricians and
Gynecologists, the American Academy of Pediatrics, or other
established professional medical associations; or
(4) that leaves decisions regarding appropriate length of
stay entirely to the attending provider, in consultation with
the mother.
(b) Follow-Up Care.--The provisions of section 604 relating to
follow-up care shall not preempt those provisions of State law or
regulation that provide comparable or greater protection to patients or
policyholders than those required under this title or that provide
mothers and newborns with an option of timely post delivery follow-up
care (as defined in section 604(b)) in the home.
(c) Employee Health Benefit Plans.--Nothing in this section affects
the application of this title to employee health benefit plans, as
defined in section 609(3).
SEC. 611. REPORTS TO CONGRESS CONCERNING CHILDBIRTH.
(a) Findings.--Congress finds that--
(1) childbirth is one part of a continuum of experience
that includes prepregnancy, pregnancy and prenatal care, labor
and delivery, the immediate postpartum period, and a longer
period of adjustment for the newborn, the mother, and the
family;
(2) health care practices across this continuum are
changing in response to health care financing and delivery
system changes, science and clinical research, and patient
preferences; and
(3) there is a need to--
(A) examine the issues and consequences associated
with the length of hospital stays following childbirth;
(B) examine the follow-up practices for mothers and
newborns used in conjunction with shorter hospital
stays;
(C) identify appropriate health care practices and
procedures with regard to the hospital discharge of
newborns and mothers;
(D) examine the extent to which such care is
affected by family and environmental factors; and
(E) examine the content of care during hospital
stays following childbirth.
(b) Advisory Panel.--
(1) In general.--Not later than 90 days after the date of
enactment of this title, the Secretary of Health and Human
Services shall establish an advisory panel (hereafter referred
to in this section as the ``advisory panel'') to--
(A) guide and review methods, procedures, and data
collection necessary to conduct the study described in
subsection (c) that is intended to enhance the quality,
safety, and effectiveness of health care services
provided to mothers and newborns;
(B) develop a consensus among the members of the
advisory panel regarding the appropriateness of the
specific requirements of this title; and
(C) prepare and submit to the Secretary of Health
and Human Services, as part of the report of the
Secretary submitted under subsection (d), a report
summarizing the consensus developed under subparagraph
(B) if any, including the reasons for not reaching such
a consensus.
(2) Participation.--
(A) Department representatives.--The Secretary of
Health and Human Services shall ensure that
representatives from within the Department of Health
and Human Services that have expertise in the area of
maternal and child health or in outcomes research are
appointed to the advisory panel established under
paragraph (1).
(B) Representatives of public and private sector
entities.--
(i) In general.--The Secretary of Health
and Human Services shall ensure that members of
the advisory panel include representatives of
public and private sector entities having
knowledge or experience in one or more of the
following areas:
(I) Patient care.
(II) Patient education.
(III) Quality assurance.
(IV) Outcomes research.
(V) Consumer issues.
(ii) Requirement.--The panel shall include
representatives from each of the following
categories:
(I) Health care practitioners.
(II) Health plans.
(III) Hospitals.
(IV) Employers.
(V) States.
(VI) Consumers.
(c) Studies.--
(1) In general.--The Secretary of Health and Human Services
shall conduct a study of--
(A) the factors affecting the continuum of care
with respect to maternal and child health care,
including outcomes following childbirth;
(B) the factors determining the length of hospital
stay following childbirth;
(C) the diversity of negative or positive outcomes
affecting mothers, infants, and families;
(D) the manner in which post natal care has changed
over time and the manner in which that care has adapted
or related to changes in the length of hospital stay,
taking into account--
(i) the types of post natal care available
and the extent to which such care is accessed;
and
(ii) the challenges associated with
providing post natal care to all populations,
including vulnerable populations, and solutions
for overcoming these challenges; and
(E) the financial incentives that may--
(i) impact the health of newborns and
mothers; and
(ii) influence the clinical decisionmaking
of health care providers.
(2) Resources.--The Secretary of Health and Human Services
shall provide to the advisory panel the resources necessary to
carry out the duties of the advisory panel.
(d) Reports.--
(1) In general.--The Secretary of Health and Human Services
shall prepare and submit to the Committee on Labor and Human
Resources of the Senate and the Committee on Commerce of the
House of Representatives a report that contains--
(A) a summary of the study conducted under
subsection (c);
(B) a summary of the best practices used in the
public and private sectors for the care of newborns and
mothers;
(C) recommendations for improvements in prenatal
care, post natal care, delivery and follow-up care, and
whether the implementation of such improvements should
be accomplished by the private health care sector,
Federal or State governments, or any combination
thereof; and
(D) limitations on the databases in existence on
the date of enactment of this title.
(2) Submission of reports.--The Secretary of Health and
Human Services shall prepare and submit to the Committees
referred to in paragraph (1)--
(A) an initial report concerning the study
conducted under subsection (c) and the report required
under subsection (d), not later than 18 months after
the date of enactment of this title;
(B) an interim report concerning such study and
report not later than 3 years after the date of
enactment of this title; and
(C) a final report concerning such study and report
not later than 5 years after the date of enactment of
this title.
(e) Termination of Panel.--The advisory panel shall terminate on
the date that occurs 60 days after the date on which the last report is
submitted under this section.
SEC. 612. SALE OF GOVERNORS ISLAND, NEW YORK.
(a) In General.--Notwithstanding any other provision of law, the
Administrator of General Services shall dispose of by sale at fair
market value all rights, title, and interests of the United States in
and to the land of, and improvements to, Governors Island, New York.
(b) Right of First Refusal.--Before a sale is made under subsection
(a) to any other parties, the State of New York and the city of New
York shall be given the right of first refusal to purchase all or part
of Governors Island. Such right may be exercised by either the State of
New York or the city of New York or by both parties acting jointly.
(c) Proceeds.--Proceeds from the disposal of Governors Island under
subsection (a) shall be deposited in the general fund of the Treasury
and credited as miscellaneous receipts.
SEC. 613. SALE OF AIR RIGHTS.
(a) In General.--Notwithstanding any other provision of law, the
Administrator of General Services shall sell, at fair market value and
in a manner to be determined by the Administrator, the air rights
adjacent to Washington Union Station described in subsection (b),
including air rights conveyed to the Administrator under subsection
(d). The Administrator shall complete the sale by such date as is
necessary to ensure that the proceeds from the sale will be deposited
in accordance with subsection (c).
(b) Description.--The air rights referred to in subsection (a)
total approximately 16.5 acres and are depicted on the plat map of the
District of Columbia as follows:
(1) Part of lot 172, square 720.
(2) Part of lots 172 and 823, square 720.
(3) Part of lot 811, square 717.
(c) Proceeds.--Before September 30, 1997, proceeds from the sale of
air rights under subsection (a) shall be deposited in the general fund
of the Treasury and credited as miscellaneous receipts.
(d) Conveyance of Amtrak Air Rights.--
(1) General rule.--As a condition of future Federal
financial assistance, Amtrak shall convey to the Administrator
of General Services on or before December 31, 1996, at no
charge, all of the air rights of Amtrak described in subsection
(b).
(2) Failure to comply.--If Amtrak does not meet the
condition established by paragraph (1), Amtrak shall be
prohibited from obligating Federal funds after March 1, 1997.
SEC. 614. EFFECTIVE DATE.
Except as otherwise provided for in this title, the provisions of
this title shall apply as follows:
(1) With respect to health plans, such provisions shall
apply to such plans on the first day of the contract year
beginning on or after January 1, 1998.
(2) With respect to employee health benefit plans, such
provisions shall apply to such plans on the first day of the
first plan year beginning on or after January 1, 1998.
(118)TITLE VII--MENTAL HEALTH PARITY
SEC. 701. SHORT TITLE.
This title may be cited as the ``Mental Health Parity Act of
1996''.
SEC. 702. PLAN PROTECTIONS FOR INDIVIDUALS WITH A MENTAL ILLNESS.
(a) Permissible Coverage Limits Under a Group Health Plan.--
(1) Aggregate lifetime limits.--
(A) In general.--With respect to a group health
plan offered by a health insurance issuer, that applies
an aggregate lifetime limit to plan payments for
medical or surgical services covered under the plan, if
such plan also provides a mental health benefit such
plan shall--
(i) include plan payments made for mental
health services under the plan in such
aggregate lifetime limit; or
(ii) establish a separate aggregate
lifetime limit applicable to plan payments for
mental health services under which the dollar
amount of such limit (with respect to mental
health services) is equal to or greater than
the dollar amount of the aggregate lifetime
limit on plan payments for medical or surgical
services.
(B) No lifetime limit.--With respect to a group
health plan offered by a health insurance issuer, that
does not apply an aggregate lifetime limit to plan
payments for medical or surgical services covered under
the plan, such plan may not apply an aggregate lifetime
limit to plan payments for mental health services
covered under the plan.
(2) Annual limits.--
(A) In general.--With respect to a group health
plan offered by a health insurance issuer, that applies
an annual limit to plan payments for medical or
surgical services covered under the plan, if such plan
also provides a mental health benefit such plan shall--
(i) include plan payments made for mental
health services under the plan in such annual
limit; or
(ii) establish a separate annual limit
applicable to plan payments for mental health
services under which the dollar amount of such
limit (with respect to mental health services)
is equal to or greater than the dollar amount
of the annual limit on plan payments for
medical or surgical services.
(B) No annual limit.--With respect to a group
health plan offered by a health insurance issuer, that
does not apply an annual limit to plan payments for
medical or surgical services covered under the plan,
such plan may not apply an annual limit to plan
payments for mental health services covered under the
plan.
(b) Rule of Construction.--
(1) In general.--Nothing in this section shall be construed
as prohibiting a group health plan offered by a health
insurance issuer, from--
(A) utilizing other forms of cost containment not
prohibited under subsection (a); or
(B) applying requirements that make distinctions
between acute care and chronic care.
(2) Nonapplicability.--This section shall not apply to--
(A) substance abuse or chemical dependency
benefits; or
(B) health benefits or health plans paid for under
title XVIII or XIX of the Social Security Act.
(3) State law.--Nothing in this section shall be construed
to preempt any State law that provides for greater parity with
respect to mental health benefits than that required under this
section.
(c) Small Employer Exemption.--
(1) In general.--This section shall not apply to plans
maintained by employers that employ less than 26 employees.
(2) Application of certain rules in determination of
employer size.--For purposes of this subsection--
(A) Application of aggregation rule for
employers.--All persons treated as a single employer
under subsection (b), (c), (m), or (o) of section 414
of the Internal Revenue Code of 1986 shall be treated
as 1 employer.
(B) Employers not in existence in preceding year.--
In the case of an employer which was not in existence
throughout the preceding calendar year, the
determination of whether such employer is a small
employer shall be based on the average number of
employees that it is reasonably expected such employer
will employ on business days in the current calendar
year.
(C) Predecessors.--Any reference in this subsection
to an employer shall include a reference to any
predecessor of such employer.
SEC. 703. DEFINITIONS.
For purposes of this title:
(1) Group health plan.--
(A) In general.--The term ``group health plan''
means an employee welfare benefit plan (as defined in
section 3(1) of the Employee Retirement Income Security
Act of 1974) to the extent that the plan provides
medical care (as defined in paragraph (2)) and
including items and services paid for as medical care)
to employees or their dependents (as defined under the
terms of the plan) directly or through insurance,
reimbursement, or otherwise.
(B) Medical care.--The term ``medical care'' means
amounts paid for--
(i) the diagnosis, cure, mitigation,
treatment, or prevention of disease, or amounts
paid for the purpose of affecting any structure
or function of the body,
(ii) amounts paid for transportation
primarily for and essential to medical care
referred to in clause (i), and
(iii) amounts paid for insurance covering
medical care referred to in clauses (i) and
(ii).
(2) Health insurance coverage.--The term ``health insurance
coverage'' means benefits consisting of medical care (provided
directly, through insurance or reimbursement, or otherwise and
including items and services paid for as medical care) under
any hospital or medical service policy or certificate, hospital
or medical service plan contract, or health maintenance
organization contract offered by a health insurance issuer.
(3) Health insurance issuer.--The term ``health insurance
issuer'' means an insurance company, insurance service, or
insurance organization (including a health maintenance
organization, as defined in paragraph (4)) which is licensed to
engage in the business of insurance in a State and which is
subject to State law which regulates insurance (within the
meaning of section 514(b)(2) of the Employee Retirement Income
Security Act of 1974), and includes a plan sponsor described in
section 3(16)(B) of the Employee Retirement Income Security Act
of 1974 in the case of a group health plan which is an employee
welfare benefit plan (as defined in section 3(1) of such Act).
Such term does not include a group health plan.
(4) Health maintenance organization.--The term ``health
maintenance organization'' means--
(A) a federally qualified health maintenance
organization (as defined in section 1301(a) of the
Public Health Service Act),
(B) an organization recognized under State law as a
health maintenance organization, or
(C) a similar organization regulated under State
law for solvency in the same manner and to the same
extent as such a health maintenance organization.
(5) State.--The term ``State'' means each of the several
States, the District of Columbia, Puerto Rico, the Virgin
Islands, Guam, American Samoa, and the Northern Mariana
Islands.
SEC. 704. SUNSET.
Sections 701 through 703 shall cease to be effective on September
30, 2001.
SEC. 705. FEDERAL EMPLOYEE HEALTH BENEFIT PROGRAM.
For the Federal Employee Health Benefit Program, sections 701
through 703 will take effect on October 1, 1997.
SEC. 706. EXEMPTION.
Notwithstanding the provisions of this title, if the provisions of
this title result in a 1 percent or greater increase in the cost of a
group health plan's premiums, the purchaser is exempt from the
provisions of this title.
This Act may be cited as the ``Departments of Veterans Affairs and
Housing and Urban Development, and Independent Agencies Appropriations
Act, 1997''.
Passed the House of Representatives June 26, 1996.
Attest:
ROBIN H. CARLE,
Clerk.
Passed the Senate September 5, 1996.
Attest:
KELLY D. JOHNSTON,
Secretary.