103D CONGRESS

2D SESSION H. R. 4624

AMENDMENTS
In the Senate of the United States,

August 4 (legislative day, July 20), 1994.

Resolved, That the bill from the House of Representatives (H.R. 4624) entitled ‘‘An Act making appropriations for

the Departments of Veterans Affairs and Housing and Urban

Development, and for sundry independent agencies, boards,

commissions, corporations, and offices for the fiscal year ending September 30, 1995, and for other purposes’’, do pass

with the following

AMENDMENTS:

1 Ω1æPage 8, line 8, after ‘‘1996’’ insert: : Provided fur2 ther, That of the $15,622,452,000 made available under this

3 heading for fiscal year 1994 in Public Law 103–124, the

4 $9,863,265,000 restricted by section 509 of Public Law 103–

5 124 for personnel compensation and benefits expenditures

6 is reduced to $9,813,265,000

7 Ω2æPage 8, line 14, after ‘‘bursements’’ insert: : Pro8 vided, That the Secretary may obligate not more than

9 $500,000 of the funds made available under this heading

10 for an epidemiological study of veterans who underwent ra11 dium nasopharyngeal irradiation

12 Ω3æPage 10, line 14, strike out ø$887,909,000¿ and in13 sert: $893,285,000
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1 Ω4æPage 11, line 7, strike out ø$32,219,000¿ and insert:

2 $31,819,000

3 Ω5æPage 11, line 22, strike out ø$101,965,000¿ and in4 sert: $208,000,000

5 Ω6æPage 12, line 23, after ‘‘only’’ insert: : Provided fur6 ther, That of the amount provided under this heading,

7 $7,100,000 shall be for design of a new medical center/nurs8 ing home in Brevard County, Florida and $6,900,000 shall

9 be for the Orlando, Florida, satellite outpatient clinic

10 Ω7æPage 14, line 3, strike out ø$1,400,000¿ and insert:

11 $16,300,000

12 Ω8æPage 14, line 15, strike out ø$37,397,000¿ and in13 sert: $47,397,000

14 Ω9æPage 17, line 12, strike out ø$100,000,000¿ and in15 sert: $50,000,000

16 Ω10æPage 17, line 23, strike out ø$1,275,000,000¿ and

17 insert: $1,500,000,000

18 Ω11æPage 17, after line 24, insert:

19 NATIONAL HOMEOWNERSHIP TRUST DEMONSTRATION

20 PROGRAM

21 For the National Homeownership Trust Demonstra22 tion program, as authorized by title III of the National Af-
3

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1 fordable Housing Act, as amended by section 182 of the

2 Housing and Community Development Act of 1992,

3 $50,000,000, to remain available until expended.

4 Ω12æPage 18, line 2, after ‘‘RESCISSION’’ insert: AND

5 TRANSFERS

6 Ω13æPage 18, line 5, strike out ø$11,473,019,000¿ and

7 insert: $10,600,000,000

8 Ω14æPage 18, line 6, after ‘‘That’’ insert: to be added

9 to and merged with the foregoing amounts there shall be

10 up to $200,000,000 of amounts of budget authority (and

11 contract authority) reserved or obligated in prior years for

12 the development or acquisition costs of public housing (in13 cluding public housing for Indian families), for moderniza14 tion of existing public housing projects (including such

15 projects for Indian families), and, except as herein pro16 vided, for programs under section 8 of the Act (42 U.S.C.

17 1437f), which are recaptured during fiscal year 1995; and

18 up to $100,000,000 of transfers of unobligated balances from

19 the Urban Development Action program: Provided further,

20 That

21 Ω15æPage 18, line 7, strike out ø$263,000,000¿ and in22 sert: $300,000,000
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1 Ω16æPage 18, line 17, strike out ø$3,600,000,000¿ and

2 insert: $3,800,000,000

3 Ω17æPage 18, line 19, strike out ø.54 per centun¿ and

4 insert: $15,000,000

5 Ω18æPage 18, line 24, strike out all after ‘‘survey’’ over

6 to and including ‘‘Program’’ in line 2 on page 19

7 Ω19æPage 19, line 4, strike out ø$2,643,000,000¿ and

8 insert: $2,144,582,000

9 Ω20æPage 19, line 7, after ‘‘1437f(o))’’ insert: : Provided

10 further, That of the amount provided for rental assistance,

11 up to $350,000,000 shall be available for the Pension Fund

12 Partnership program, as authorized by section 6 of the

13 HUD Demonstration Act of 1993 (Public Law 103–120);

14 $20,000,000 shall be for the Community Viability Fund;

15 $50,000,000 shall be for the Colonias program; and

16 $500,000,000 shall be for the Neighborhood Leveraged In17 vestment Program (LIFT)

18 Ω21æPage 19, line 7, strike out all after ‘‘1437f(o))’’

19 down to and including ‘‘Act’’ in line 13

20 Ω22æPage 19, line 18, strike out ø$1,202,100,000¿ and

21 insert: $735,000,000
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1 Ω23æPage 19, line 22, strike out ødeposition¿ and insert:

2 disposition

3 Ω24æPage 19, line 22, strike out ø$100,000,000¿ and

4 insert: $250,000,000

5 Ω25æPage 20, line 20, strike out ø$156,000,000¿ and

6 insert: $186,000,000

7 Ω26æPage 20, line 23, strike out ø$150,000,000¿ and

8 insert: $75,000,000

9 Ω27æPage 21, line 10, strike out all after ‘‘1992’’ down

10 to and including ‘‘opportunity’’ in line 12

11 Ω28æPage 21, line 12, after ‘‘opportunity’’ insert: : Pro12 vided further, That notwithstanding the language preceding

13 the first proviso of this paragraph, $135,000,000 shall be

14 used for special purpose grants in accordance with the

15 terms and conditions specified for such grants in Senate

16 Report 103–311

17 Ω29æPage 21, line 14, strike out ø$1,158,000,000¿ and

18 insert: $1,300,000,000

19 Ω30æPage 22, line 17, strike out ø$3,705,000,000¿ and

20 insert: $2,992,000,000

21 Ω31æPage 23, strike out lines 6 to 8
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1 Ω32æPage 24, strike out lines 13 to 17 and insert:

2 For contracts with payments to public housing agen3 cies and nonprofit corporations for congregate services pro4 grams, $25,000,000, to remain available until September

5 30, 1995, of which up to $6,267,000 shall be for entities

6 operating such programs in accordance with the provisions

7 of the Congregate Services Act of 1978, as amended, and

8 the balance shall be for programs under section 802 of the

9 Cranston-Gonzalez National Affordable Housing Act (Pub10 lic Law 101–625).

11 Ω33æPage 25, strike out lines 2 to 9 and insert:

12 For the HOPE VI/urban revitalization demonstration

13 program under the third paragraph under the head ‘‘Home14 ownership and Opportunity for People Everywhere grants

15 (HOPE grants)’’ in the Department of Veterans Affairs and

16 Housing and Urban Development, and Independent Agen17 cies Appropriations Act, 1993, Public Law 102–389, 106

18 Stat. 1571, 1579, $500,000,000, to remain available until

19 expended: Provided, That notwithstanding the first proviso

20 of such third paragraph, the Secretary shall have discretion

21 to approve funding for more than fifteen applicants: Pro22 vided further, That notwithstanding the third proviso of

23 such third paragraph, the Secretary may provide funds for

24 more than 500 units for each participating city: Provided

25 further, That in selecting HOPE VI implementation grants
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1 recipients in fiscal year 1995, the Secretary must first

2 award such grants to those cities or jurisdictions which have

3 received HOPE VI planning grants in fiscal year 1993 or

4 fiscal year 1994: Provided further, That the requirement of

5 the immediately proceeding proviso shall not limit the Sec6 retary’s discretion to limit funding to amounts he deems

7 appropriate, nor shall it prevent the Secretary from guar8 anteeing that all implementation grant recipients conform

9 with the requirements of the HOPE VI/urban revitalization

10 demonstration program: Provided further, That of the fore11 going $500,000,000, the Secretary may use up to $2,500,000

12 for technical assistance under such urban revitalization

13 demonstration, to be made available directly, or indirectly,

14 under contracts or grants, as appropriate: Provided further,

15 That nothing in this paragraph shall prohibit the Secretary

16 from conforming the program standards and criteria set

17 forth herein, with subsequent authorization legislation that

18 may be enacted into law.

19 Ω34æPage 25, line 15, strike out ø$265,000,000¿ and

20 insert: $315,000,000

21 Ω35æPage 25, line 21, strike out all after ‘‘training)’’

22 down to and including ‘‘firms’’ in line 24

23 Ω36æPage 25, line 24, after ‘‘firms’’ insert: : Provided,

24 That not more than $236,250,000 shall be available for
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1 grants to housing authorities with greater than 1,250 public

2 housing units: Provided further, That not more than

3 $63,000,000 shall be available for grants to housing au4 thorities with less than 1,250 public housing units: Pro5 vided further, That not more than $15,750,000 shall be

6 available for grants for federally-assisted, low-income hous7 ing

8 Ω37æPage 29, line 14, strike out ø$152,000,000¿ and

9 insert: $188,395,000

10 Ω38æPage 29, line 22, after ‘‘$20,885,072,000’’ insert:

11 : Provided further, That of the foregoing amount provided

12 to subsidize program costs, not more than $47,098,750 may

13 be obligated by January 1, 1995, not more than

14 $94,197,500 may be obligated by April 1, 1995, not more

15 than $160,135,750 may be obligated by July 1, 1995

16 Ω39æPage 32, line 8, strike out ø$61,500,000¿ and in17 sert: $44,000,000

18 Ω40æPage 32, line 16, strike out all after ‘‘Development’’

19 down to and including ‘‘homeless’’ in line 22

20 Ω41æPage 32, line 22, strike out all after ‘‘homeless’’

21 over to and including ‘‘note)’’ in line 2 on page 33

22 Ω42æPage 33, line 17, strike out ø$40,000,000¿ and in23 sert: $44,000,000
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1 Ω43æPage 34, line 12, strike out ø$962,173,000¿ and

2 insert: $947,398,000

3 Ω44æPage 36, strike out lines 10 to 18

4 Ω45æPage 36, strike out lines 19 to 23

5 Ω46æPage 37, strike out all after line 2 over to and in6 cluding line 2 on page 38

7 Ω47æPage 38, after line 2 insert:

8 Subparagraph (A) of the first sentence of section

9 203(b)(2) of the National Housing Act (12 U.S.C.

10 1709(b)(2)) is amended by striking clause (ii) and all that

11 follows through ‘‘May 12, 1992;’’ and inserting the follow12 ing:

13 ‘‘(ii) 75 percent of the dollar amount

14 limitation determined under section

15 305(a)(2) of the Federal Home Loan Mort16 gage Corporation Act for a residence of the

17 applicable size;

18 except that the applicable dollar amount limita19 tion in effect for any area under this subpara20 graph may not be less than the greater of the dol21 lar amount limitation in effect under this section

22 for the area on the date of enactment of the

23 Housing Choice and Community Investment Act

24 of 1994 or 38 percent of the dollar amount limi-
10

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1 tation determined under section 305(a)(2) of the

2 Federal Home Loan Mortgage Corporation Act

3 for a residence of the applicable size;’’.

4 Ω48æPage 38, after line 10, insert:

5 Beginning fiscal year 1995, the Government National

6 Mortgage Association shall permit Ginnie Mae II mortgage7 backed securities to be eligible as collateral for multiclass

8 securities that such Association guarantees, in accordance

9 with the Notice published at 59 Fed. Reg. 27290 (May 26,

10 1994) and successor Notices.

11 Ω49æPage 38, after line 10, insert:

12 Section 8(c)(2)(A) of the United States Housing Act

13 of 1937 is amended by inserting at the end the following:

14 ‘‘However, where the maximum monthly rent, for a unit

15 in a new construction, substantial rehabilitation, or mod16 erate rehabilitation project, to be adjusted using an annual

17 adjustment factor exceeds the fair market rental for an ex18 isting dwelling unit in the market area, the Secretary shall

19 adjust the rent only to the extent that the owner dem20 onstrates that the adjusted rent would not exceed the rent

21 for an unassisted unit of similar quality, type, and age in

22 the same market area, as determined by the Secretary. The

23 immediately foregoing sentence shall be effective only dur24 ing fiscal year 1995.’’.
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1 The immediately foregoing amendment shall apply to

2 all contracts for new construction, substantial rehabilita3 tion, and moderate rehabilitation projects under which

4 rents are adjusted under section 8(c)(2)(A) of such Act by

5 applying an annual adjustment factor.

6 Ω50æPage 38, after line 10, insert:

7 Section 8(c)(2)(A) of the United States Housing Act

8 of 1937, as amended by the immediately foregoing amend9 ment to such section, is further amended by inserting at

10 the end the following: ‘‘For any unit occupied by the same

11 family at the time of the last annual rental adjustment,

12 where the assistance contract provides for the adjustment

13 of the maximum monthly rent by applying an annual ad14 justment factor and where the rent for a unit is otherwise

15 eligible for an adjustment based on the full amount of the

16 factor, 0.01 shall be subtracted from the amount of the fac17 tor, except that the factor shall not be reduced to less than

18 1.0. The immediately foregoing sentence shall be effective

19 only during fiscal year 1995.’’.

20 The immediately foregoing shall hereafter apply to all

21 contracts that are subject to section 8(c)(2)(A) of such Act

22 and that provide for rent adjustments using an annual ad23 justment factor.

24 Ω51æPage 38, after line 10, insert:
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1 The United States Housing Act of 1937 is amended

2 in each of sections 6(c)(4)(A)(ii) and 8(d)(1)(A)(ii), by

3 striking ‘‘and (V)’’ and inserting in lieu thereof the follow4 ing: ‘‘(V) assisting families that include one or more adult

5 members who are employed; and (VI)’’; in sections

6 6(c)(4)(A)(ii) and 8(d)(1)(A)(ii), by inserting after the

7 final semicolon in each the following: ‘‘subclause (V) shall

8 be effective only during fiscal year 1995;’’; and in the penul9 timate sentence of section 16(c), by striking ‘‘under the sys10 tem’’ and all that follows up to the period.

11 Ω52æPage 38, after line 10, insert:

12 Section 8 of the United States Housing Act of 1937

13 (42 U.S.C. 1437f) is amended by adding at the end the fol14 lowing new subsection:

15 ‘‘(aa) REFINANCING INCENTIVE.—

16 ‘‘(1) IN GENERAL.—The Secretary may pay all

17 or a part of the up front costs of refinancing for each

18 project that—

19 ‘‘(A) is constructed, substantially rehabili20 tated, or moderately rehabilitated under this sec21 tion;

22 ‘‘(B) is subject to an assistance contract

23 under this section; and

24 ‘‘(C) was subject to a mortgage that has

25 been refinanced under section 223(a)(7) or sec-
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1 tion 223(f) of the National Housing Act to lower

2 the periodic debt service payments of the owner.

3 ‘‘(2) SHARE FROM REDUCED ASSISTANCE PAY4 MENTS.—The Secretary may pay the up front cost of

5 refinancing only—

6 ‘‘(A) to the extent that funds accrue to the

7 Secretary from the reduced assistance payments

8 that results from the refinancing; and

9 ‘‘(B) after the application of amounts in ac10 cordance with section 1012 of the Stewart B.

11 McKinney Homeless Assistance Amendments Act

12 of 1988.’’.

13 Section 223(a)(7) of the National Housing Act (42

14 U.S.C. 1751n(a)(7)) is amended in subparagraph (B), by

15 striking ‘‘and’’ at the end; and by inserting, before ‘‘: Pro16 vided further’’ in said paragraph, the following: ‘‘; and (D)

17 any multifamily mortgage that is refinanced under this

18 paragraph shall be documented through amendments to the

19 existing insurance contract and shall not be structured

20 through the provisions of a new insurance contract’’.

21 The amendments of the two immediately preceding

22 paragraphs shall be effective only during fiscal year 1995.

23 Ω53æPage 38, after line 10, insert:

24 Section 601 of title VI of S. 2281 (103d Cong., 2d

25 Sess), as reported to the Senate on July 13 (legislative day,
14

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1 July 11), 1994 (S. Rep. 103–307), is hereby incorporated

2 into this Act, and such section 601 is deemed enacted into

3 law upon enactment of this Act: Provided, That the provi4 sions of such section 601 shall be effective only during fiscal

5 year 1995.

6 Ω54æPage 38, after line 10, insert:

7 Title VIII of S. 2281 (103d Cong., 2d Sess), as reported

8 to the Senate on July 13 (legislative day, July 11), 1994

9 (S. Rep. 103–307), is hereby incorporated into this Act, and

10 such title VIII is deemed enacted into law upon enactment

11 of this Act.

12 Ω55æPage 38, after line 10, insert:

13 Notwithstanding any other provision of law, the New

14 York City Housing Authority is authorized to use not more

15 than $12,420,000, from development reservation number

16 NY36P005324 for 100 public housing units previous award17 ed from funds appropriated under Public Law 101–507

18 (Nov. 5, 1990), for the purpose of completing a homeowner19 ship program involving not more than 463 dwelling units

20 located in Bronx County, in the City of New York, in ac21 cordance with a certain submission dated November 16,

22 1993 made in response to a Notice of Funding Availability

23 issued at 58 Fed. Reg. 41127. The Secretary of Housing

24 and Urban Development shall thereafter add a similar

25 number of existing non-Federal public housing units, des-
15

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1 ignated by the Authority, to the agency’s inventory of feder2 ally-assisted public housing developments and said units

3 shall, for all purposes other than the repayment of any debt

4 associated with their development or rehabilitation, be con5 sidered as if initially developed under title I of the Housing

6 Act of 1937.

7 Ω56æPage 40, strike out lines 3 to 5

8 Ω57æPage 40, after line 5 insert:

9 For necessary expenses in carrying out activities pur10 suant to section 112(r)(6) of the Clean Air Act, including

11 hire of passenger vehicles, and for services authorized by

12 5 U.S.C. 3109, but at rates for individuals not to exceed

13 the per diem equivalent to the maximum rate payable for

14 senior level positions under 5 U.S.C. 5376, $4,250,000.

15 Ω58æPage 40, after line 5 insert:

16 COMMUNITY DEVELOPMENT FINANCIAL INSTITUTIONS

17 COMMUNITY DEVELOPMENT FINANCIAL INSTITUTIONS FUND

18 PROGRAM ACCOUNT

19 For grants, loans, and technical assistance to qualify20 ing community development lenders, and administrative

21 expenses of the Fund, $125,000,000, to remain available

22 until September 30, 1996, of which $100,000,000 shall be23 come available on September 23, 1995: Provided, That of

24 the funds made available under this heading, up to
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1 $10,000,000 may be used for the cost of direct loans, and

2 up to $1,000,000 may be used for administrative expenses

3 to carry out the direct loan program: Provided further,

4 That the costs of direct loans, including the cost of modify5 ing such loans, shall be defined as in section 502 of the

6 Congressional Budget Act of 1974: Provided further, That

7 these funds are available to subsidize gross obligations for

8 the principal amount of direct loans not to exceed

9 $75,815,000: Provided further, That none of the funds

10 made available under this heading may be used for pro11 grams and activities of the Bank Enterprise Act.

12 Ω59æPage 40, line 15, strike out ø$43,486,000¿ and in13 sert: $40,509,000

14 Ω60æPage 40, strike out all after line 24 over to and

15 including ‘‘hereafter’’ in line 1 on page 41 and insert:

16 $610,000,000, of which $411,212,000 is available for obliga17 tion for the period September 1, 1995 through August 31,

18 1996

19 Ω61æPage 41, line 2, strike out ø$27,400,000¿ and in20 sert: $29,400,000

21 Ω62æPage 41, line 4, strike out ø$13,700,000¿ and in22 sert: $14,700,000
17

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1 Ω63æPage 41, line 9, strike out ø$125,900,000¿ and in2 sert: $155,900,000

3 Ω64æPage 41, line 12, after ‘‘Act’’ insert: : Provided fur4 ther, That not more than $9,450,000 of the $155,590,000

5 for the National Service Trust shall be for educational

6 awards authorized under section 129(b) of the subtitle C

7 of title I of the Act

8 Ω65æPage 41, line 12, after ‘‘Act’’ insert: : Provided fur9 ther, That $6,500,000 shall be made available for the Points

10 of Light Foundation for purposes authorized under title III

11 of the Act

12 Ω66æPage 41, line 12, after ‘‘Act’’ insert: : Provided fur13 ther, That no funds from any other appropriation, or from

14 funds otherwise made available to the Corporation, shall be

15 used to pay for personnel compensation and benefits, travel,

16 or any other administrative expense for the Board of Direc17 tors, the Office of the Chief Executive Officer, the Office of

18 the Managing Director, the Office of the Chief Financial

19 Officer, the Office of National and Community Service Pro20 grams, the National Civilian Community Corps, or any

21 portion of any of the Corporation’s field offices or staff

22 working on National and Community Service or National

23 Civilian Community Corps programs
18

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1 Ω67æPage 41, line 16, strike out ø$1,000,000¿ and in2 sert: $2,000,000

3 Ω68æPage 41, line 21, strike out ø$9,289,000¿ and in4 sert: $9,429,000

5 Ω69æPage 41, line 23, strike out ø$650,000¿ and insert:

6 $790,000

7 Ω70æPage 42, strike out all after line 13 over to and

8 including line 13 on page 43

9 Ω71æPage 43, after line 13 insert:

10 RESEARCH AND DEVELOPMENT

11 For research and development activities, including

12 procurement of laboratory equipment and supplies; other

13 operating expenses in support of research and development;

14 and construction, alteration, repair, rehabilitation and ren15 ovation of facilities, not to exceed $75,000 per project;

16 $350,000,000, to remain available until September 30,

17 1996: Provided, That not more than $50,567,000 of these

18 funds shall be available for procurement of laboratory

19 equipment, supplies, and other operating expenses in sup20 port of research and development.

21 Ω72æPage 43, after line 13 insert:
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1 ABATEMENT, CONTROL, AND COMPLIANCE

2 For abatement, control, and compliance activities, in3 cluding hire of passenger motor vehicles; hire, maintenance,

4 and operation of aircraft; purchase of reprints; library

5 memberships in societies or associations which issue publi6 cations to members only or at a price to members lower

7 than to subscribers who are not members; construction, al8 teration, repair, rehabilitation, and renovation of facilities,

9 not to exceed $75,000 per project; and not to exceed $6,000

10 for official reception and representation expenses;

11 $1,427,000,000, to remain available until September 30,

12 1996: Provided, That not more than $296,772,500 of these

13 funds shall be available for operating expenses: Provided

14 further, That none of the funds appropriated under this

15 head shall be available to the National Oceanic and Atmos16 pheric Administration pursuant to section 118(h)(3) of the

17 Federal Water Pollution Control Act, as amended: Provided

18 further, That none of these funds may be expended for pur19 poses of resource conservation and recovery panels estab20 lished under section 2003 of the Resource Conservation and

21 Recovery Act, as amended (42 U.S.C. 6913), or for support

22 to State, regional, local, and interstate agencies in accord23 ance with subtitle D of the Solid Waste Disposal Act, as

24 amended, other than section 4008(a)(2) or 4009 (42 U.S.C.

25 6948, 6949): Provided further, That from funds appro-
20

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1 priated under this heading, the Administrator may make

2 grants to federally recognized Indian governments for the

3 development of multimedia environmental programs.

4 Ω73æPage 43, line 21, strike out ø$935,000,000¿ and

5 insert: $922,000,000

6 Ω74æPage 43, strike out line 23

7 Ω75æPage 44, line 3, strike out all after ‘‘project,’’ down

8 to and including ‘‘expenses’’ in line 8 and insert:

9 $28,542,000

10 Ω76æPage 44, strike out lines 9 to 14

11 Ω77æPage 44, after line 14 insert:

12 BUILDINGS AND FACILITIES

13 For construction, repair, improvement, extension, al14 teration, and purchase of fixed equipment or facilities of,

15 or for use by, the Environmental Protection Agency,

16 $43,870,000, to remain available until expended.

17 Ω78æPage 44, line 22, strike out ø$1,435,000,000¿ and

18 insert: $1,200,000,000

19 Ω79æPage 44, line 23, strike out ø$1,185,000,000¿ and

20 insert: $950,000,000

21 Ω80æPage 45, line 9, after ‘‘CERCLA’’ insert: : Provided

22 further, That $15,384,000 of the funds appropriated under
21

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1 this heading shall be transferred to the Office of Inspector

2 General appropriation to remain available until September

3 30, 1995

4 Ω81æPage 46, line 3, after ‘‘contract’’ insert: : Provided

5 further, That nothing in this paragraph shall prohibit the

6 Administrator from conforming the program standards and

7 criteria set forth herein, with subsequent authorization leg8 islation that may be enacted into law

9 Ω82æPage 46, line 12, after ‘‘expenses’’ insert: : Provided

10 further, That $669,000 of the funds appropriated under this

11 heading shall be transferred to the Office of Inspector Gen12 eral appropriation to remain available until September 30,

13 1995

14 Ω83æPage 46, strike out all after line 21 over to and

15 including line 25 on page 47

16 Ω84æPage 47, after line 25 insert:

17 WATER INFRASTRUCTURE/STATE REVOLVING FUNDS

18 For necessary expenses for capitalization grants for

19 State revolving funds to support water infrastructure fi20 nancing, and to carry out the purposes of the Federal Water

21 Pollution Control Act, as amended, and the Water Quality

22 Act of 1987, $3,400,000,000, to remain available until ex23 pended, of which $22,500,000 shall be for making grants

24 under section 104(b)(3) of the Federal Water Pollution Con-
22

HR 4624 EAS

1 trol Act, as amended; $100,000,000 shall be for making

2 grants under section 319 of the Federal Water Pollution

3 Control Act, as amended; $52,500,000 shall be for section

4 510 of the Water Quality Act of 1987; $47,500,000 shall

5 be made available in consultation with the appropriate bor6 der commission for architectural, engineering, and design,

7 and related activities in connection with wastewater facili8 ties in the vicinity of Nogales, Arizona, and Mexicali, Mex9 ico, and planning and design of other high priority

10 wastewater facilities in the area of the Mexican border, the

11 purpose of which facilities is to control municipal

12 wastewater from Mexico; $50,000,000 shall be for grants to

13 the State of Texas, which shall be matched by an equal

14 amount of State funds from State sources, for the purpose

15 of improving wastewater treatment in colonias in that

16 State; $10,000,000 shall be for a grant to the State of New

17 Mexico, which is to be matched by an equal amount of State

18 funds from State sources, for the purpose of improving

19 wastewater treatment in colonias in that State; $70,000,000

20 shall be for making grants under section 1443(a) of the Pub21 lic Health Service Act; and, notwithstanding any other pro22 vision of law, $369,700,000 shall be for making grants with

23 a 55 percent Federal share for the construction of

24 wastewater treatment facilities in accordance with the

25 terms and conditions specified for such grants in Senate
23

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1 Report 103–311: Provided, That notwithstanding any other

2 provision of law, $500,000,000 made available under this

3 heading in Public Law 103–124, and earmarked to not be4 come available until May 31, 1994, which date was ex5 tended to September 30, 1994, in Public Law 103–211, shall

6 be available immediately and without further authorization

7 for making grants with a 55 percent Federal share for the

8 construction of wastewater treatment facilities in accord9 ance with the terms and conditions specified for such grants

10 in Senate Report 103–311: Provided further, That the grant

11 awarded from funds appropriated under the paragraph

12 with the heading ‘‘Construction grants’’ in title III of the

13 Departments of Veterans Affairs and Housing and Urban

14 Development, and Independent Agencies Appropriations

15 Act, 1990 (103 Stat. 858) for construction of a connector

16 sewer line, consisting of a main trunk line and 4 pump

17 stations for the town of Honea Path, South Carolina, to

18 the wastewater treatment facility in the town of Ware

19 Shoals, South Carolina, shall include demolition of

20 Chiquola Mill Lagoon, Clatworthy Lagoon, Corner Creek

21 Lagoon, and Still Branch Lagoon: Provided further, That

22 none of the funds provided under this heading for State re23 volving funds shall be allocated based on the 1992 Needs

24 Survey Report to Congress.

25 Ω85æPage 48, strike out line 1 and insert:
24

HR 4624 EAS

1 ADMINISTRATIVE PROVISIONS

2 Ω86æPage 48, after line 15 insert:

3 None of the funds provided in this Act may be used

4 within the Environmental Protection Agency for any final

5 action by the Administrator or her delegate for signing and

6 publishing for promulgation of a rule concerning any new

7 standard for radon in drinking water.

8 Ω87æPage 48, after line 15 insert:

9 None of the funds provided in this Act may be used

10 during fiscal year 1995 to sign, promulgate, implement or

11 enforce the requirement proposed as ‘‘Regulation of Fuels

12 and Fuel Additives: Individual Foreign Refinery Baseline

13 Requirements for Reformulated Gasoline’’ at volume 59 of

14 the Federal Register at pages 22800 through 22814.

15 Ω88æPage 48, after line 15 insert:

16 SENSE OF THE SENATE REGARDING THE ENVIRONMENTAL

17 SELF-EVALUATION PRIVILEGE

18 (a) FINDINGS.—The Senate finds that—

19 (1) The intended effect of environmental protec20 tion statutes passed over the past three decades is to

21 improve and protect the natural and human environ22 ment.

23 (2) The President’s National Performance Re24 view concluded that the environmental laws and regu-
25

HR 4624 EAS

1 lations implemented over the past decade have led to

2 significant improvements in environmental quality.

3 (3) The National Performance Review further

4 concludes that many of these laws, however, place a

5 very real cost burden on local governments. Localities

6 now struggle to comply with new requirements of the

7 Safe Drinking Water Act, the Resource Conservation

8 and Recovery Act, the Clean Water Act, the Clean Air

9 Act, and Superfund, with little or no prospect of sig10 nificant increases in Federal grants and only limited

11 availability of loans in the future.

12 (4) The Environmental Protection Agency (EPA)

13 estimates that, by the year 2000, local governments

14 will need to spend nearly $44,000,000,000 annually

15 to meet existing requirements.

16 (5) The National Performance Review states:

17 ‘‘With the opportunity to ‘reinvent’ the way EPA

18 works with State and local governments, EPA has a

19 chance to significantly increase the effectiveness of our

20 Nation’s environmental programs.

21 (6) The National Performance Review acknowl22 edged that there are numerous examples where the

23 failure of EPA to devise better ways to protect the en24 vironment affordably may result in just the opposite

25 of the intended effect.
26

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1 (7) To further the goals of protecting and im2 proving the natural and human environment, the

3 States of Oregon, Indiana, Kentucky and Colorado

4 have passed laws establishing an ‘‘environmental self5 evaluation privilege’’.

6 (8) The EPA is currently considering modifying

7 its existing environmental auditing policy.

8 (b) SENSE OF THE SENATE.—It is the sense of the Sen9 ate that—

10 (1) The National Performance Review is correct

11 in stating that EPA must recognize that increased

12 regulatory flexibility offers tremendous opportunity

13 for positive institutional change at Federal, State and

14 local levels.

15 (2) EPA must take advantage of these opportuni16 ties by finding ways to allow flexibility without com17 promising fairness, accountability and, above all, per18 formance.

19 (3) The EPA should seriously consider the ‘‘envi20 ronmental self-evaluation privilege’’, as enacted into

21 law by the States of Oregon, Indiana, Kentucky and

22 Colorado, as a low-cost opportunity to increase per23 formance toward the intended effect of environmental

24 protection statutes to improve and protect the natural

25 and human environment.
27

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1 Ω89æPage 49, strike out lines 13 to 17

2 Ω90æPage 49, line 20, strike out all after ‘‘319’’ down

3 to and including ‘‘417’’ in line 21

4 Ω91æPage 50, line 3, strike out all after ‘‘319’’ down to

5 and including ‘‘417’’ in line 4

6 Ω92æPage 50, line 8, strike out ø$145,000¿ and insert:

7 $95,000

8 Ω93æPage 50, line 23, strike out ø$165,000,000¿ and

9 insert: $162,000,000

10 Ω94æPage 51, line 20, strike out ø$220,345,000¿ and

11 insert: $212,960,000

12 Ω95æPage 56, line 5, strike out ø$5,592,900,000¿ and

13 insert: $5,573,900,000

14 Ω96æPage 56, after line 7 insert:

15 (INCLUDING RESCISSION OF FUNDS)

16 Ω97æPage 56, after line 19 insert:

17 Of the amounts provided under the heading, ‘‘CON18 STRUCTION OF FACILITIES’’, for the Consortium for Inter19 national Earth Science Information Network in Public

20 Law 102–389, $10,000,000 are rescinded.

21 Ω98æPage 56, after line 19 insert:
28

HR 4624 EAS

1 NATIONAL AERONAUTICAL FACILITIES

2 For construction of new national wind tunnel facili3 ties, including final design, modification of existing facili4 ties, necessary equipment, and for acquisition or condemna5 tion of real property as authorized by law, for the National

6 Aeronautics and Space Administration, $400,000,000, to

7 remain available until March 31, 1997.

8 Ω99æPage 57, line 14, strike out ø$2,549,587,000¿ and

9 insert: $2,559,587,000

10 Ω100æPage 57, line 14, after ‘‘$2,549,587,000’’ insert:

11 , to remain available until September 30, 1996

12 Ω101æPage 57, line 18, strike out ø$16,000,000¿ and

13 insert: $16,800,000

14 Ω102æPage 57, strike out all after line 20 over to and

15 including line 9 on page 58

16 Ω103æPage 59, after line 2 insert:

17 Notwithstanding the limitation on the availability of

18 funds appropriated for ‘‘Mission support’’, amounts made

19 available by this Act for personnel and related costs and

20 travel expenses of the National Aeronautics and Space Ad21 ministration shall remain available until September 30,

22 1995 and may be used to enter into contracts for training,

23 investigations, cost associated with personnel relocation,
29

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1 and for other services, to be provided during the next fiscal

2 year.

3 Ω104æPage 60, after line 2 insert:

4 The fourth proviso in the paragraph under the heading

5 ‘‘Science, space, and technology education trust fund’’ in

6 the Department of Housing and Urban Development—

7 Independent Agencies Appropriations Act, 1989 (Public

8 Law 101–404, 102 Stat. 1014, 1028) is amended by striking

9 out ‘‘for a ten-year period’’ and inserting in lieu thereof

10 ‘‘hereafter’’.

11 Ω105æPage 60, after line 2 insert:

12 Notwithstanding any other provision of law or regula13 tion, the National Aeronautics and Space Administration

14 shall convey, without reimbursement, to the City of Slidell,

15 Louisiana, all rights, title, and interest of the United States

16 in the property, including all improvements thereon, known

17 as the Slidell Computer Complex, and consisting of ap18 proximately 14 acres in the City of Slidell, St. Tammany

19 Parish, Louisiana: Provided, That appropriated funds may

20 be used to effect this conveyance: Provided further, in con21 sideration of this conveyance, the National Aeronautics and

22 Space Administration may require such other terms and

23 conditions as the Administrator deems appropriate to pro24 tect the interests of the United States.
30

HR 4624 EAS

1 Ω106æPage 60, after line 2 insert:

2 Of amounts made available within this Act to the Na3 tional Aeronautics and Space Administration, not more

4 than $108,900,000 shall be obligated to satisfy the require5 ments set forth in section 9(e)–(r) of the Small Business

6 Act, as amended (15 U.S.C. 638(e)–(r)), and any related

7 requirements, including such requirements enacted in Pub8 lic Law 102–564.

9 Ω107æPage 60, line 21, strike out ø$2,216,923,000¿ and

10 insert: $2,300,000,000

11 Ω108æPage 61, line 24, strike out ø$105,000,000¿ and

12 insert: $150,000,000

13 Ω109æPage 62, line 7, strike out ø$100,000,000¿ and

14 insert: $300,000,000

15 Ω110æPage 62, line 8, strike out all after ‘‘1996’’ down

16 to and including ‘‘1995’’ in line 10

17 Ω111æPage 62, line 10, after ‘‘1995’’ insert: : Provided,

18 That $190,000,000 of the funds under this heading are

19 available for obligation for the period September 1, 1995

20 through August 31, 1996

21 Ω112æPage 62, line 18, strike out ø$585,974,000¿ and

22 insert: $605,974,000
31

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1 Ω113æPage 63, line 18, strike out ø$4,000,000¿ and in2 sert: $4,380,000

3 Ω114æPage 66, strike out lines 8 to 25

4 Ω115æPage 73, strike out all after line 8 over to and

5 including line 2 on page 75

6 Ω116æPage 75, strike out lines 3 to 13

7 Ω117æPage 75, after line 13 insert:

8 SEC. 517. None of the funds in this Act may be used

9 to reimburse grantees for indirect costs at an amount that

10 differs from procedures in use by Federal agencies on June

11 1, 1994 or from OMB Circular A–21, as published in the

12 Federal Register on July 26, 1993 on pages 39996 through

13 39999.

14 Ω118æPage 75, after line 13 insert:

15 LEGAL EFFECT OF SECURITY COUNCIL RESOLUTION ON

16 HAITI

17 SEC. 518. It is the sense of the Senate that United Na18 tions Security Council Resolution 940 of July 31, 1994,

19 does not constitute authorization for the deployment of

20 United States Armed Forces in Haiti under the Constitu21 tion of the United States or pursuant to the War Powers

22 Resolution (Public Law 93–148).

23 Ω119æPage 75, after line 13 insert:
32

HR 4624 EAS

1 SEC. 519. The budgetary resources made available to

2 the National Aeronautics and Space Administration in this

3 Act for fiscal year 1995 for procurement and procurement4 related expenses are hereby reduced by an additional

5 $19,703,000.

6 Ω120æPage 75, after line 13 insert:

7 SEC. 520. None of the funds made available by this

8 or any other Act shall be used to publish, implement, or

9 enforce any regulations promulgated to carry out section

10 919 of the Housing and Community Development Act of

11 1992 before July 1, 1995.

12 Ω121æPage 75, after line 13 insert:

13 SEC. 521. None of the funds made available in this

14 Act to the Department of Housing and Urban Development

15 may be used to provide any individual assistance or benefit

16 to any individual or entity in the United States unless the

17 Federal entity or official to which the funds are made avail18 able takes reasonable actions to determine whether the indi19 vidual is in a lawful immigration status in the United

20 States: Provided, That in no case may a Federal entity,

21 official, or agent of any Federal entity or official discrimi22 nate against any individual with respect to filing, inquiry,

23 or adjudication of an application for funding made avail24 able in this Act on the basis of race, color, creed, handicap,

25 religion, sex, national origin, citizenship status or form of
33

HR 4624 EAS

1 lawful immigration status: Provided further, That for pur2 poses of this section, the term ‘‘individual assistance or ben3 efit’’ does not include search and rescue, emergency medical

4 care, emergency mass care, emergency shelter, clearance of

5 roads and construction of temporary bridges necessary to

6 the performance of emergency tasks and essential commu7 nity services, warning of further risks or hazards, dissemi8 nation of public information and assistance regarding

9 health and safety measures, the provision on an emergency

10 basis of food, water, medicine, and other essential needs,

11 including movement of supplies or persons, or reduction of

12 immediate threats to life, property, and public health and

13 safety: Provided further, That, notwithstanding any other

14 provision of this section, a homeless individual may, for

15 a period not to exceed 45 days, receive assistance from funds

16 made available under this Act to assist homeless individuals

17 pursuant to the Stewart B. McKinney Homeless Assistance

18 Act, regardless of the immigration status of such individual.

19 Ω122æPage 75, after line 13 insert:

20 SEC. 522. It is sense of the Senate that—

21 (1) the murders of a doctor, his escort, and the

22 wounding of another escort outside a reproductive

23 health clinic in Pensacola, Florida, on July 29, 1994,

24 were reprehensible acts of violence and terrorism;
34

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1 (2) the Department of Justice, Federal Bureau of

2 Investigation, and Bureau of Alcohol, Tobacco, and

3 Firearms should undertake all enforcement and inves4 tigative activities under the Freedom of Access to

5 Clinic Entrances Act, and any other applicable laws,

6 that are necessary to ensure the safety of women seek7 ing to enter reproductive health clinics, their doctors,

8 and escorts and clinic workers and to demonstrate to

9 future potential perpetrators of such violence that

10 these laws will be strongly enforced nationwide;

11 (3) The Attorney General should utilize the full

12 extent of her authority to provide adequate protection

13 to women seeking to enter reproductive health clinics,

14 their doctors, and escorts and clinic workers; and

15 (4) all investigative and law enforcement activi16 ties undertaken by the Government in accordance

17 with this section should be conducted in a manner

18 that is fully consistent with the first amendment to

19 the Constitution.

20 Ω123æPage 75, after line 13 insert:
35

HR 4624 EAS

1 TITLE VI

2 EMERGENCY SUPPLEMENTAL APPROPRIATIONS

3 DEPARTMENT OF HOUSING AND URBAN

4 DEVELOPMENT

5 COMMUNITY PLANNING AND DEVELOPMENT

6 COMMUNITY DEVELOPMENT GRANTS

7 For an additional amount for ‘‘Community develop8 ment grants’’, as authorized under title I of the Housing

9 and Community Development Act of 1974, for emergency

10 expenses resulting from the January 1994 earthquake in

11 Southern California, $225,000,000, to remain available

12 until September 30, 1996, of which $50,000,000 shall be de13 rived by transfer from funds provided under the head ‘‘De14 partment of Education, Impact aid’’ in the Emergency

15 Supplemental Appropriations Act of 1994 (Public Law

16 103–211): Provided, That of the foregoing amount,

17 $200,000,000 and $25,000,000 shall be for the cities of Los

18 Angeles and Santa Monica, California, respectively: Pro19 vided further, That in administering these funds, the Sec20 retary may waive, or specify alternative requirements for,

21 any provision of any statute or regulation that the Sec22 retary administers in connection with the obligation by the

23 Secretary or any use by the recipient of these funds, except

24 for statutory requirements relating to fair housing and non25 discrimination, the environment, and labor standards,
36

HR 4624 EAS

1 upon finding that such waiver is required to facilitate the

2 obligation and use of such funds, and would not be incon3 sistent with the overall purpose of the statute or regulation:

4 Provided further, That the entire amount is designated by

5 Congress as an emergency requirement pursuant to section

6 251(b)(2)(D)(i) of the Balanced Budget and Emergency

7 Deficit Control Act of 1985, as amended.

8 For an additional amount for ‘‘Community develop9 ment grants’’, for grants to States and units of general local

10 government and for related expenses, not otherwise provided

11 for, necessary for carrying out a community development

12 program as authorized by title I of the Housing and Com13 munity Development Act of 1974, to be used to assist States,

14 local communities, and businesses in recovering from the

15 flooding and damage caused by Tropical Storm Alberto and

16 other disasters, $180,000,000, to remain available until ex17 pended: Provided, That the entire amount is designated by

18 the Congress as an emergency requirement pursuant to sec19 tion 251(b)(2)(D)(i) of the Balanced Budget and Emer20 gency Deficit Control Act of 1985: Provided further, That

21 the entire amount shall be available only to the extent of

22 an official budget request, for a specific dollar amount, that

23 includes designation of the entire amount of the request as

24 an emergency requirement, as defined in the Balanced

25 Budget and Emergency Deficit Control Act of 1985, is
37

HR 4624 EAS

1 transmitted to the Congress: Provided further, That the Sec2 retary of Housing and Urban Development may waive any

3 provision of law (except for provisions relating to fair hous4 ing, the environment, or labor standards) if the Secretary

5 determines such waiver is necessary to facilitate the obliga6 tion of the entire amount: Provided further, That the Sec7 retary of Housing and Urban Development may transfer

8 up to $50,000,000 to the HOME investment partnerships

9 program, as authorized under title II of the Cranston-Gon10 zalez National Affordable Housing Act, to be used for pur11 poses related to flooding and damage caused by Tropical

12 Storm Alberto and other disasters.

13 FEDERAL EMERGENCY MANAGEMENT AGENCY

14 For an additional amount for ‘‘Disaster assistance di15 rect loan program account’’ for the cost of direct loans,

16 $12,500,000, as authorized by section 417 of the Robert T.

17 Stafford Disaster Relief and Emergency Assistance Act to

18 be used to assist local governments in recovering from flood19 ing and damage caused by Tropical Storm Alberto and

20 other disasters: Provided, That such costs, including the cost

21 of modifying such loans, shall be as defined in section 502

22 of the Congressional Budget Act of 1974: Provided further,

23 That these funds are available to subsidize gross obligations

24 for the principal amount of direct loans not to exceed

25 $50,000,000 under section 417 of the Robert T. Stafford
38

HR 4624 EAS

1 Disaster Relief and Emergency Assistance Act: Provided

2 further, That any unused portion of the direct loan limita3 tion and subsidy shall be available until expended: Provided

4 further, That the entire amount is designated by the Con5 gress as an emergency requirement pursuant to section

6 251(b)(2)(D)(i) of the Balanced Budget and Emergency

7 Deficit Control Act of 1985: Provided further, That the en8 tire amount shall be available only to the extent of an offi9 cial budget request, for a specific dollar amount, that in10 cludes designation of the entire amount of the request as

11 an emergency requirement, as defined in the Balanced

12 Budget and Emergency Deficit Control Act of 1985, is

13 transmitted to the Congress.

14 DEPARTMENT OF TRANSPORTATION

15 FEDERAL HIGHWAY ADMINISTRATION

16 FEDERAL-AID HIGHWAYS

17 EMERGENCY RELIEF PROGRAM

18 (HIGHWAY TRUST FUND)

19 The matter under the heading in the Emergency Sup20 plemental Appropriations Act of 1994 (Public Law 103–
39

HR 4624 EAS

1 211) is amended by deleting ‘‘$950,000,000’’ and inserting

2 in lieu thereof ‘‘$775,000,000’’.

Attest:

Secretary.
40

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