Calendar No. 118

105TH CONGRESS

1ST SESSION S. 1034

[Report No. 105–53]

A BILL

Making appropriations for the Departments of Vetpurposes. year ending September 30, 1998, and for other missions, corporations, and offices for the fiscal ment, and for sundry independent agencies, com- erans Affairs and Housing and Urban DevelopJULY 17, 1997

Read twice and placed on the calendar
II

Calendar No. 118

105TH CONGRESS

1ST SESSION S. 1034

[Report No. 105–53]

Making appropriations for the Departments of Veterans Affairs and Housing

and Urban Development, and for sundry independent agencies, commissions, corporations, and offices for the fiscal year ending September

30, 1998, and for other purposes.

IN THE SENATE OF THE UNITED STATES

JULY 17, 1997

Mr. BOND, from the Committee on Appropriations, reported the following

original bill; which was read twice and placed on the calendar

A BILL

Making appropriations for the Departments of Veterans Affairs and Housing and Urban Development, and for sundry independent agencies, commissions, corporations, and

offices for the fiscal year ending September 30, 1998,

and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 That the following sums are appropriated, out of any

4 money in the Treasury not otherwise appropriated, for the

5 Departments of Veterans Affairs and Housing and Urban
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1 Development, and for sundry independent agencies, com2 missions, corporations, and offices for the fiscal year end3 ing September 30, 1998, and for other purposes, namely:

4 TITLE I

5 DEPARTMENT OF VETERANS AFFAIRS

6 VETERANS BENEFITS ADMINISTRATION

7 COMPENSATION AND PENSIONS

8 (INCLUDING TRANSFERS OF FUNDS)

9 For the payment of compensation benefits to or on

10 behalf of veterans and a pilot program for disability ex11 aminations as authorized by law (38 U.S.C. 107, chapters

12 11, 13, 18, 51, 53, 55, and 61); pension benefits to or

13 on behalf of veterans as authorized by law (38 U.S.C.

14 chapters 15, 51, 53, 55, and 61; 92 Stat. 2508); and bur15 ial benefits, emergency and other officers’ retirement pay,

16 adjusted-service credits and certificates, payment of pre17 miums due on commercial life insurance policies guaran18 teed under the provisions of Article IV of the Soldiers’

19 and Sailors’ Civil Relief Act of 1940, as amended, and

20 for other benefits as authorized by law (38 U.S.C. 107,

21 1312, 1977, and 2106, chapters 23, 51, 53, 55, and 61;

22 50 U.S.C. App. 540–548; 43 Stat. 122, 123; 45 Stat. 735;

23 76 Stat. 1198); $19,932,997,000, to remain available

24 until expended: Provided, That not to exceed $26,380,000

25 of the amount appropriated shall be reimbursed to ‘‘Gen26 eral operating expenses’’ and ‘‘Medical care’’ for necessary
3

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1 expenses in implementing those provisions authorized in

2 the Omnibus Budget Reconciliation Act of 1990, and in

3 the Veterans’ Benefits Act of 1992 (38 U.S.C. chapters

4 51, 53, and 55), the funding source for which is specifi5 cally provided as the ‘‘Compensation and pensions’’ appro6 priation: Provided further, That such sums as may be

7 earned on an actual qualifying patient basis, shall be reim8 bursed to ‘‘Medical facilities revolving fund’’ to augment

9 the funding of individual medical facilities for nursing

10 home care provided to pensioners as authorized by the

11 Veterans’ Benefits Act of 1992 (38 U.S.C. chapter 55).

12 READJUSTMENT BENEFITS

13 For the payment of readjustment and rehabilitation

14 benefits to or on behalf of veterans as authorized by 38

15 U.S.C. chapters 21, 30, 31, 34, 35, 36, 39, 51, 53, 55,

16 and 61, $1,366,000,000, to remain available until ex17 pended: Provided, That funds shall be available to pay any

18 court order, court award or any compromise settlement

19 arising from litigation involving the vocational training

20 program authorized by section 18 of Public Law 98–77,

21 as amended.

22 VETERANS INSURANCE AND INDEMNITIES

23 For military and naval insurance, national service life

24 insurance, servicemen’s indemnities, service-disabled vet25 erans insurance, and veterans mortgage life insurance as

26 authorized by 38 U.S.C. chapter 19; 70 Stat. 887; 72
4

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1 Stat. 487, $51,360,000, to remain available until ex2 pended.

3 VETERANS HOUSING BENEFIT PROGRAM FUND PROGRAM

4 ACCOUNT

5 (INCLUDING TRANSFER OF FUNDS)

6 For the cost of direct and guaranteed loans, such

7 sums as may be necessary to carry out the program, as

8 authorized by 38 U.S.C. chapter 37, as amended: Pro9 vided, That such costs, including the cost of modifying

10 such loans, shall be as defined in section 502 of the Con11 gressional Budget Act of 1974, as amended: Provided fur12 ther, That during fiscal year 1998, within the resources

13 available, not to exceed $300,000 in gross obligations for

14 direct loans are authorized for specially adapted housing

15 loans.

16 In addition, for administrative expenses to carry out

17 the direct and guaranteed loan programs, $160,437,000,

18 which may be transferred to and merged with the appro19 priation for ‘‘General operating expenses’’.

20 EDUCATION LOAN FUND PROGRAM ACCOUNT

21 (INCLUDING TRANSFER OF FUNDS)

22 For the cost of direct loans, $1,000, as authorized

23 by 38 U.S.C. 3698, as amended: Provided, That such

24 costs, including the cost of modifying such loans, shall be

25 as defined in section 502 of the Congressional Budget Act

26 of 1974, as amended: Provided further, That these funds
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1 are available to subsidize gross obligations for the prin2 cipal amount of direct loans not to exceed $3,000.

3 In addition, for administrative expenses necessary to

4 carry out the direct loan program, $200,000, which may

5 be transferred to and merged with the appropriation for

6 ‘‘General operating expenses’’.

7 VOCATIONAL REHABILITATION LOANS PROGRAM ACCOUNT

8 (INCLUDING TRANSFER OF FUNDS)

9 For the cost of direct loans, $44,000, as authorized

10 by 38 U.S.C. chapter 31, as amended: Provided, That such

11 costs, including the cost of modifying such loans, shall be

12 as defined in section 502 of the Congressional Budget Act

13 of 1974, as amended: Provided further, That these funds

14 are available to subsidize gross obligations for the prin15 cipal amount of direct loans not to exceed $2,278,000.

16 In addition, for administrative expenses necessary to

17 carry out the direct loan program, $388,000, which may

18 be transferred to and merged with the appropriation for

19 ‘‘General operating expenses’’.

20 NATIVE AMERICAN VETERAN HOUSING LOAN PROGRAM

21 ACCOUNT

22 (INCLUDING TRANSFER OF FUNDS)

23 For administrative expenses to carry out the direct

24 loan program authorized by 38 U.S.C. chapter 37, sub25 chapter V, as amended, $515,000, which may be trans-
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1 ferred to and merged with the appropriation for ‘‘General

2 operating expenses’’.

3 VETERANS HEALTH ADMINISTRATION

4 MEDICAL CARE

5 (INCLUDING TRANSFER OF FUNDS)

6 For necessary expenses for the maintenance and op7 eration of hospitals, nursing homes, and domiciliary facili8 ties; for furnishing, as authorized by law, inpatient and

9 outpatient care and treatment to beneficiaries of the De10 partment of Veterans Affairs, including care and treat11 ment in facilities not under the jurisdiction of the Depart12 ment; and furnishing recreational facilities, supplies, and

13 equipment; funeral, burial, and other expenses incidental

14 thereto for beneficiaries receiving care in the Department;

15 administrative expenses in support of planning, design,

16 project management, real property acquisition and disposi17 tion, construction and renovation of any facility under the

18 jurisdiction or for the use of the Department; oversight,

19 engineering and architectural activities not charged to

20 project cost; repairing, altering, improving or providing fa21 cilities in the several hospitals and homes under the juris22 diction of the Department, not otherwise provided for, ei23 ther by contract or by the hire of temporary employees

24 and purchase of materials; uniforms or allowances there25 for, as authorized by 5 U.S.C. 5901–5902; aid to State

26 homes as authorized by 38 U.S.C. 1741; administrative
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1 and legal expenses of the Department for collecting and

2 recovering amounts owed the Department as authorized

3 under 38 U.S.C. chapter 17, and the Federal Medical

4 Care Recovery Act, 42 U.S.C. 2651 et seq.; and not to

5 exceed $8,000,000 to fund cost comparison studies as re6 ferred to in 38 U.S.C. 8110(a)(5); $17,026,846,000, plus

7 reimbursements: Provided, That of the funds made avail8 able under this heading, $550,000,000 is for the equip9 ment and land and structures object classifications only,

10 which amount shall not become available for obligation

11 until August 1, 1998, and shall remain available until Sep12 tember 30, 1999.

13 In addition, contingent on enactment of legislation

14 establishing the Medical Collections Fund, such sums as

15 may be derived pursuant to 38 U.S.C. 1729(g) shall be

16 deposited to such Fund and may be transferred to this

17 account, to remain available until expended for the pur18 poses of this account.

19 MEDICAL AND PROSTHETIC RESEARCH

20 For necessary expenses in carrying out programs of

21 medical and prosthetic research and development as au22 thorized by 38 U.S.C. chapter 73, to remain available until

23 September 30, 1999, $267,000,000, plus reimbursements.
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1 MEDICAL ADMINISTRATION AND MISCELLANEOUS

2 OPERATING EXPENSES

3 For necessary expenses in the administration of the

4 medical, hospital, nursing home, domiciliary, construction,

5 supply, and research activities, as authorized by law; ad6 ministrative expenses in support of planning, design,

7 project management, architectural, engineering, real prop8 erty acquisition and disposition, construction and renova9 tion of any facility under the jurisdiction or for the use

10 of the Department of Veterans Affairs, including site ac11 quisition; engineering and architectural activities not

12 charged to project cost; and research and development in

13 building construction technology; $60,160,000, plus reim14 bursements.

15 GENERAL POST FUND, NATIONAL HOMES

16 (INCLUDING TRANSFER OF FUNDS)

17 For the cost of direct loans, $7,000, as authorized

18 by Public Law 102–54, section 8, which shall be trans19 ferred from the ‘‘General post fund’’: Provided, That such

20 costs, including the cost of modifying such loans, shall be

21 as defined in section 502 of the Congressional Budget Act

22 of 1974, as amended: Provided further, That these funds

23 are available to subsidize gross obligations for the prin24 cipal amount of direct loans not to exceed $70,000.
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1 In addition, for administrative expenses to carry out

2 the direct loan programs, $54,000, which shall be trans3 ferred from the ‘‘General post fund’’, as authorized by

4 Public Law 102–54, section 8.

5 DEPARTMENTAL ADMINISTRATION

6 GENERAL OPERATING EXPENSES

7 For necessary operating expenses of the Department

8 of Veterans Affairs, not otherwise provided for, including

9 uniforms or allowances therefor; not to exceed $25,000 for

10 official reception and representation expenses; hire of pas11 senger motor vehicles; and reimbursement of the General

12 Services Administration for security guard services, and

13 the Department of Defense for the cost of overseas em14 ployee mail; $786,385,000: Provided, That funds under

15 this heading shall be available to administer the Service

16 Members Occupational Conversion and Training Act.

17 NATIONAL CEMETERY SYSTEM

18 For necessary expenses for the maintenance and op19 eration of the National Cemetery System, not otherwise

20 provided for, including uniforms or allowances therefor;

21 cemeterial expenses as authorized by law; purchase of

22 three passenger motor vehicles for use in cemeterial oper23 ations; and hire of passenger motor vehicles, $84,183,000.
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1 OFFICE OF INSPECTOR GENERAL

2 For necessary expenses of the Office of Inspector

3 General in carrying out the Inspector General Act of 1978,

4 as amended, $31,013,000.

5 CONSTRUCTION, MAJOR PROJECTS

6 (INCLUDING RESCISSION OF FUNDS)

7 For constructing, altering, extending and improving

8 any of the facilities under the jurisdiction or for the use

9 of the Department of Veterans Affairs, or for any of the

10 purposes set forth in sections 316, 2404, 2406, 8102,

11 8103, 8106, 8108, 8109, 8110, and 8122 of title 38, Unit12 ed States Code, including planning, architectural and en13 gineering services, maintenance or guarantee period serv14 ices costs associated with equipment guarantees provided

15 under the project, services of claims analysts, offsite utility

16 and storm drainage system construction costs, and site ac17 quisition, where the estimated cost of a project is

18 $4,000,000 or more or where funds for a project were

19 made available in a previous major project appropriation,

20 $92,800,000, to remain available until expended: Pro21 vided, That the $32,100,000 provided under this heading

22 in Public Law 104–204 for a replacement hospital at

23 Travis Air Force Base, Fairfield, CA, shall not be obli24 gated for that purpose but shall be available instead to

25 implement the decisions reached as a result of the capital

26 facility recommendations contained in the final report en-
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1 titled ‘‘Assessment of Veterans Health Care Needs in

2 Northern California,’’ (Department of Veterans Affairs

3 Contract No. V101 (93)P–1444): Provided further, That

4 except for advance planning of projects funded through

5 the advance planning fund and the design of projects

6 funded through the design fund, none of these funds shall

7 be used for any project which has not been considered and

8 approved by the Congress in the budgetary process: Pro9 vided further, That funds provided in this appropriation

10 for fiscal year 1998, for each approved project shall be

11 obligated (1) by the awarding of a construction documents

12 contract by September 30, 1998, and (2) by the awarding

13 of a construction contract by September 30, 1999: Pro14 vided further, That the Secretary shall promptly report in

15 writing to the Comptroller General and to the Committees

16 on Appropriations any approved major construction

17 project in which obligations are not incurred within the

18 time limitations established above; and the Comptroller

19 General shall review the report in accordance with the pro20 cedures established by section 1015 of the Impoundment

21 Control Act of 1974 (title X of Public Law 93–344): Pro22 vided further, That no funds from any other account ex23 cept the ‘‘Parking revolving fund’’, may be obligated for

24 constructing, altering, extending, or improving a project

25 which was approved in the budget process and funded in
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1 this account until one year after substantial completion

2 and beneficial occupancy by the Department of Veterans

3 Affairs of the project or any part thereof with respect to

4 that part only.

5 CONSTRUCTION, MINOR PROJECTS

6 For constructing, altering, extending, and improving

7 any of the facilities under the jurisdiction or for the use

8 of the Department of Veterans Affairs, including plan9 ning, architectural and engineering services, maintenance

10 or guarantee period services costs associated with equip11 ment guarantees provided under the project, services of

12 claims analysts, offsite utility and storm drainage system

13 construction costs, and site acquisition, or for any of the

14 purposes set forth in sections 316, 2404, 2406, 8102,

15 8103, 8106, 8108, 8109, 8110, and 8122 of title 38, Unit16 ed States Code, where the estimated cost of a project is

17 less than $4,000,000; $166,300,000, to remain available

18 until expended, along with unobligated balances of pre19 vious ‘‘Construction, minor projects’’ appropriations which

20 are hereby made available for any project where the esti21 mated cost is less than $4,000,000: Provided, That funds

22 in this account shall be available for (1) repairs to any

23 of the nonmedical facilities under the jurisdiction or for

24 the use of the Department which are necessary because

25 of loss or damage caused by any natural disaster or catas-
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1 trophe, and (2) temporary measures necessary to prevent

2 or to minimize further loss by such causes.

3 PARKING REVOLVING FUND

4 For the parking revolving fund as authorized by 38

5 U.S.C. 8109, income from fees collected, to remain avail6 able until expended, which shall be available for all author7 ized expenses except operations and maintenance costs,

8 which will be funded from ‘‘Medical care’’.

9 GRANTS FOR CONSTRUCTION OF STATE EXTENDED CARE

10 FACILITIES

11 For grants to assist States to acquire or construct

12 State nursing home and domiciliary facilities and to re13 model, modify or alter existing hospital, nursing home and

14 domiciliary facilities in State homes, for furnishing care

15 to veterans as authorized by 38 U.S.C. 8131–8137,

16 $80,000,000, to remain available until expended.

17 GRANTS FOR THE CONSTRUCTION OF STATE VETERAN

18 CEMETERIES

19 For grants to aid States in establishing, expanding,

20 or improving State veteran cemeteries as authorized by 38

21 U.S.C. 2408, $10,000,000, to remain available until ex22 pended.

23 ADMINISTRATIVE PROVISIONS

24 (INCLUDING TRANSFER OF FUNDS)

25 SEC. 101. Any appropriation for fiscal year 1998 for

26 ‘‘Compensation and pensions’’, ‘‘Readjustment benefits’’,
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1 and ‘‘Veterans insurance and indemnities’’ may be trans2 ferred to any other of the mentioned appropriations.

3 SEC. 102. Appropriations available to the Depart4 ment of Veterans Affairs for fiscal year 1998 for salaries

5 and expenses shall be available for services authorized by

6 5 U.S.C. 3109.

7 SEC. 103. No appropriations in this Act for the De8 partment of Veterans Affairs (except the appropriations

9 for ‘‘Construction, major projects’’, ‘‘Construction, minor

10 projects’’, and the ‘‘Parking revolving fund’’) shall be

11 available for the purchase of any site for or toward the

12 construction of any new hospital or home.

13 SEC. 104. No appropriations in this Act for the De14 partment of Veterans Affairs shall be available for hos15 pitalization or examination of any persons (except bene16 ficiaries entitled under the laws bestowing such benefits

17 to veterans, and persons receiving such treatment under

18 5 U.S.C. 7901–7904 or 42 U.S.C. 5141–5204), unless re19 imbursement of cost is made to the ‘‘Medical care’’ ac20 count at such rates as may be fixed by the Secretary of

21 Veterans Affairs.

22 SEC. 105. Appropriations available to the Depart23 ment of Veterans Affairs for fiscal year 1998 for ‘‘Com24 pensation and pensions’’, ‘‘Readjustment benefits’’, and

25 ‘‘Veterans insurance and indemnities’’ shall be available
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1 for payment of prior year accrued obligations required to

2 be recorded by law against the corresponding prior year

3 accounts within the last quarter of fiscal year 1997.

4 SEC. 106. Appropriations accounts available to the

5 Department of Veterans Affairs for fiscal year 1998 shall

6 be available to pay prior year obligations of corresponding

7 prior year appropriations accounts resulting from title X

8 of the Competitive Equality Banking Act, Public Law

9 100–86, except that if such obligations are from trust

10 fund accounts they shall be payable from ‘‘Compensation

11 and pensions’’.

12 SEC. 107. Notwithstanding any other provision of

13 law, during fiscal year 1998, the Secretary of Veterans

14 Affairs shall, from the National Service Life Insurance

15 Fund (38 U.S.C. 1920), the Veterans’ Special Life Insur16 ance Fund (38 U.S.C. 1923), and the United States Gov17 ernment Life Insurance Fund (38 U.S.C. 1955), reim18 burse the ‘‘General operating expenses’’ account for the

19 cost of administration of the insurance programs financed

20 through those accounts: Provided, That reimbursement

21 shall be made only from the surplus earnings accumulated

22 in an insurance program in fiscal year 1998, that are

23 available for dividends in that program after claims have

24 been paid and actuarially determined reserves have been

25 set aside: Provided further, That if the cost of administra-
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1 tion of an insurance program exceeds the amount of sur2 plus earnings accumulated in that program, reimburse3 ment shall be made only to the extent of such surplus

4 earnings: Provided further, That the Secretary shall deter5 mine the cost of administration for fiscal year 1998, which

6 is properly allocable to the provision of each insurance pro7 gram and to the provision of any total disability income

8 insurance included in such insurance program.

9 TITLE II

10 DEPARTMENT OF HOUSING AND URBAN

11 DEVELOPMENT

12 PUBLIC AND INDIAN HOUSING

13 HOUSING CERTIFICATE FUND

14 For activities and assistance to prevent the involun15 tary displacement of low-income families, the elderly and

16 the disabled because of the loss of affordable housing

17 stock, expiration of subsidy contracts (other than con18 tracts for which amounts are provided under another

19 head) or expiration of use restrictions, or other changes

20 in housing assistance arrangements, and for other pur21 poses, $10,693,000,000, to remain available until ex22 pended: Provided, That of the total amount provided

23 under this heading, $9,200,000,000 shall be for assistance

24 under the United States Housing Act of 1937 (42 U.S.C.

25 1437) for use in connection with expiring or terminating
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1 section 8 subsidy contracts including, where appropriate,

2 congregate care services associated with the expiring or

3 terminating contracts: Provided further, That the Sec4 retary may determine not to apply section 8(o)(6)(B) of

5 the Act to housing vouchers during fiscal year 1998: Pro6 vided further, That of the total amount provided under

7 this heading, $1,150,000,000 shall be for amendments to

8 section 8 contracts other than contracts for projects devel9 oped under section 202 of the Housing Act of 1959, as

10 amended: Provided further, That of the total amount pro11 vided under this heading, $343,000,000 shall be for sec12 tion 8 rental assistance under the United States Housing

13 Act including assistance to relocate residents of properties

14 (i) that are owned by the Secretary and being disposed

15 of or (ii) that are discontinuing section 8 project-based

16 assistance; for the conversion of section 23 projects to as17 sistance under section 8; for funds to carry out the family

18 unification program; and for the relocation of witnesses

19 in connection with efforts to combat crime in public and

20 assisted housing pursuant to a request from a law enforce21 ment or prosecution agency: Provided further, That of the

22 total amount made available in the preceding proviso,

23 $40,000,000 shall be made available to nonelderly disabled

24 families affected by the designation of a public housing

25 development under section 7 of such Act or the establish-
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1 ment of preferences in accordance with section 651 of the

2 Housing and Community Development Act of 1992 (42

3 U.S.C. 1361l).

4 PUBLIC HOUSING CAPITAL FUND

5 (INCLUDING TRANSFERS OF FUNDS)

6 For the Public Housing Capital Fund Program under

7 the United States Housing Act of 1937, as amended (42

8 U.S.C. 1437), $2,500,000,000, to remain available until

9 expended for modernization of existing public housing

10 projects as authorized under section 14 of such Act: Pro11 vided, That of the total amount, $30,000,000 shall be for

12 carrying out activities under section 6(j) of such Act and

13 technical assistance for the inspection of public housing

14 units, contract expertise, and training and technical assist15 ance directly or indirectly, under grants, contracts, or co16 operative agreements, to assist in the oversight and man17 agement of public housing (whether or not the housing

18 is being modernized with assistance under this proviso)

19 or tenant-based assistance, including, but not limited to,

20 an annual resident survey, data collection and analysis,

21 training and technical assistance by or to officials and em22 ployees of the Department and of public housing agencies

23 and to residents in connection with the public housing pro24 gram and for lease adjustments to section 23 projects:

25 Provided further, That of the amount available under this

26 heading, the Secretary of Housing and Urban Develop-
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1 ment may use up to $60,000,000 for a public and assisted

2 housing self-sufficiency program of which up to

3 $5,000,000 may be used for the Moving to Work Dem4 onstration and up to $5,000,000 may be used for the Ten5 ant Opportunity Program: Provided further, That, for the

6 self-sufficiency activities, the Secretary may make grants

7 to public housing agencies (including Indian housing au8 thorities), nonprofit corporations, and other appropriate

9 entities for a supportive services program to assist resi10 dents of public and assisted housing, former residents of

11 such housing receiving tenant-based assistance under sec12 tion 8 of such Act (42 U.S.C. 1437f), and other low-in13 come families and individuals to become self-sufficient:

14 Provided, That the program shall provide supportive serv15 ices, principally for the benefit of public housing residents,

16 to the elderly and the disabled, and to families with chil17 dren where the head of household would benefit from the

18 receipt of supportive services and is working, seeking

19 work, or is preparing for work by participating in job

20 training or educational programs: Provided further, That

21 the supportive services may include congregate services for

22 the elderly and disabled, service coordinators, and coordi23 nated educational, training, and other supportive services,

24 including academic skills training, job search assistance,

25 assistance related to retaining employment, vocational and
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1 entrepreneurship development and support programs,

2 transportation, and child care: Provided further, That the

3 Secretary shall require applications to demonstrate firm

4 commitments of funding or services from other sources:

5 Provided further, That the Secretary shall select public

6 and Indian housing agencies to receive assistance under

7 this head on a competitive basis, taking into account the

8 quality of the proposed program, including any innovative

9 approaches, the extent of the proposed coordination of

10 supportive services, the extent of commitments of funding

11 or services from other sources, the extent to which the pro12 posed program includes reasonably achievable, quantifi13 able goals for measuring performance under the program

14 over a three-year period, the extent of success an agency

15 has had in carrying out other comparable initiatives, and

16 other appropriate criteria established by the Secretary:

17 Provided further, That all balances, as of September 30,

18 1997, of funds heretofore provided (other than for Indian

19 families) for the development or acquisition costs of public

20 housing, for modernization of existing public housing

21 projects, for public housing amendments, for public hous22 ing modernization and development technical assistance,

23 for lease adjustments under the section 23 program, and

24 for the Family Investment Centers program, shall be
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1 transferred to and merged with amounts made available

2 under this heading.

3 PUBLIC HOUSING OPERATING FUND

4 (INCLUDING TRANSFER OF FUNDS)

5 For payments to public housing agencies for operat6 ing subsidies for low-income housing projects as author7 ized by section 9 of the United States Housing Act of

8 1937, including the costs associated with congregate care

9 and supportive services, as amended (42 U.S.C. 1437g),

10 $2,900,000,000, to remain available until expended: Pro11 vided, That all balances outstanding, as of September 30,

12 1997, of funds heretofore provided (other than for Indian

13 families) for payments to public housing agencies for oper14 ating subsidies for low-income housing projects, shall be

15 transferred to and merged with amounts made available

16 under this heading.

17 DRUG ELIMINATION GRANTS FOR LOW-INCOME HOUSING

18 (INCLUDING TRANSFER OF FUNDS)

19 For grants to public and Indian housing agencies for

20 use in eliminating crime in public housing projects author21 ized by 42 U.S.C. 11901–11908, for grants for federally

22 assisted low-income housing authorized by 42 U.S.C.

23 11909, and for drug information clearinghouse services

24 authorized by 42 U.S.C. 11921–11925, $290,000,000, to

25 remain available until expended, of which $10,000,000

26 shall be for grants, technical assistance, contracts and
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1 other assistance training, program assessment, and execu2 tion for or on behalf of public housing agencies, resident

3 organizations, and Indian Tribes and their Tribally des4 ignated housing entities (including the cost of necessary

5 travel for participants in such training); $10,000,000 shall

6 be used in connection with efforts to combat violent crime

7 in public and assisted housing under the Operation Safe

8 Home Program administered by the Inspector General of

9 the Department of Housing and Urban Development; and

10 $5,000,000 shall be provided to the Office of Inspector

11 General for Operation Safe Home: Provided, That the

12 term ‘‘drug-related crime’’, as defined in 42 U.S.C.

13 11905(2), shall also include other types of crime as deter14 mined by the Secretary: Provided further, That notwith15 standing section 5130(c) of the Anti-Drug Abuse Act of

16 1988 (42 U.S.C. 11909(c)), the Secretary may determine

17 not to use any such funds to provide public housing youth

18 sports grants.

19 REVITALIZATION OF SEVERELY DISTRESSED PUBLIC

20 HOUSING (HOPE VI)

21 For grants to public housing agencies for assisting

22 in the demolition of obsolete public housing projects or

23 portions thereof, the revitalization (where appropriate) of

24 sites (including remaining public housing units) on which

25 such projects are located, replacement housing which will

26 avoid or lessen concentrations of very low-income families,
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1 and tenant-based assistance in accordance with section 8

2 of the United States Housing Act of 1937; and for provid3 ing replacement housing and assisting tenants to be dis4 placed by the demolition, $550,000,000, to remain avail5 able until expended, of which the Secretary may use up

6 to $10,000,000 for technical assistance, to be provided di7 rectly or indirectly by grants, contracts or cooperative

8 agreements, including training and cost of necessary travel

9 for participants in such training, by or to officials and em10 ployees of the Department and of public housing agencies

11 and to residents: Provided, That of the amount made

12 available under this head, $50,000,000 shall be made

13 available, including up to $10,000,000 for Heritage House

14 in Kansas City, Missouri, for the demolition of obsolete

15 elderly public housing projects and the replacement, where

16 appropriate, and revitalization of the elderly public hous17 ing as new communities for the elderly designed to meet

18 the special needs and physical requirements of the elderly:

19 Provided further, That no funds appropriated in this title

20 shall be used for any purpose that is not provided for here21 in, in the Housing Act of 1937, in the Appropriations Acts

22 for Veterans Affairs, Housing and Urban Development,

23 and Independent Agencies, for the fiscal years 1993,

24 1994, and 1995, and the Omnibus Consolidated Rescis25 sions and Appropriations Act of 1996: Provided further,
24

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1 That none of such funds shall be used directly or indirectly

2 by granting competitive advantage in awards to settle liti3 gation or pay judgments, unless expressly permitted here4 in.

5 NATIVE AMERICAN HOUSING BLOCK GRANTS

6 (INCLUDING TRANSFERS OF FUNDS)

7 For the Native American Housing Block Grants pro8 gram, as authorized under title I of the Native American

9 Housing Assistance and Self-Determination Act of 1996

10 (Public Law 104–330), $485,000,000, to remain available

11 until expended, of which $5,000,000 shall be used to sup12 port the inspection of Indian housing units, contract ex13 pertise, training, and technical assistance in the oversight

14 and management of Indian housing and tenant-based as15 sistance, including up to $200,000 for related travel: Pro16 vided, That of the amount available under this head,

17 $5,000,000 shall be made available for the credit subsidy

18 cost of guaranteed loans, including the cost of modifying

19 such loans, as authorized under section 601 of the Native

20 American Housing Assistance and Self-Determination

21 Act: Provided further, That these funds are available for

22 the Secretary, in conjunction with Native American

23 groups, Indian tribes and their tribally designated housing

24 entities, for a demonstration on ways to enhance economic

25 growth, access to private capital, and encourage the in26 vestment and participation of traditional financial institu-
25

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1 tions in tribal and other Native American areas: Provided,

2 further: That all balances outstanding as of September 30,

3 1997, previously appropriated under the headings ‘‘An4 nual Contributions for Assisted Housing’’, ‘‘Development

5 of Additional New Subsidized Housing’’, ‘‘Preserving Ex6 isting Housing Development’’, ‘‘HOME Investment Part7 nerships Program’’, ‘‘Emergency Shelter Grants Pro8 gram’’, and ‘‘Homeless Assistance Funds’’, identified for

9 Indian Housing Authorities and other agencies primarily

10 serving Indians or Indian areas, shall be transferred to

11 and merged with amounts made under this heading.

12 INDIAN HOUSING LOAN GUARANTEE FUND PROGRAM

13 ACCOUNT

14 For the cost of guaranteed loans, as authorized by

15 section 184 of the Housing and Community Development

16 Act of 1992 (106 Stat. 3739) $6,000,000, to remain avail17 able until expended: Provided, That such costs, including

18 the costs of modifying such loans, shall be as defined in

19 section 502 of the Congressional Budget Act of 1974, as

20 amended: Provided further, That these funds are available

21 to subsidize total loan principal, any part of which is to

22 be guaranteed, not to exceed $73,800,000.
26

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1 COMMUNITY PLANNING AND DEVELOPMENT

2 HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS

3 For carrying out the Housing Opportunities for Per4 sons with AIDS program, as authorized by the AIDS

5 Housing Opportunity Act (42 U.S.C. 12901),

6 $204,000,000, to remain available until expended.

7 CAPITAL GRANTS/CAPITAL LOANS PRESERVATION

8 ACCOUNT

9 That of any amounts recaptured in excess of

10 $250,000,000 from interest reduction payment contracts

11 for section 236 contracts recaptured during fiscal year

12 1998, that excess amount shall be available for use in con13 junction with properties that are eligible for assistance

14 under the Low-Income Housing Preservation and Resi15 dent Homeownership Act of 1990 (LIHPRHA) or the

16 Emergency Low Income Housing Preservation Act of

17 1987 (ELIHPA) for projects that are currently eligible

18 for funding, as provided under the VA/HUD Fiscal Year

19 1997 Appropriations Act: Provided, That the queue shall

20 be reordered so that one project is funded per State using

21 the current order of the funding queue for reordering the

22 queue and 3 projects per HUD region with each project

23 reordered (1) on the basis of the lowest vacancy rates for

24 the areas where each project is located and, where nec25 essary, (2) using the current order of the funding queue

26 for reordering the queue, where necessary: Provided fur-
27

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1 ther, That an owner of eligible low-income housing may

2 prepay the mortgage or request voluntary termination of

3 a mortgage insurance contract, so long as said owner

4 agrees not to raise rents for sixty days after such prepay5 ment: Provided further, that all appraisals of each property

6 in the queue shall be revised to reflect the existing value

7 of the property: Provided further, That, to be eligible, each

8 development shall have been determined to have preserva9 tion equity at least equal to the lesser of $5,000 per unit

10 or $500,000 per project or the equivalent of four times

11 the most recently published monthly fair market rent for

12 the areas in which the project is located while considering

13 the appropriate unit size for all of the units in the eligible

14 project: Provided further, That the Secretary may modify

15 the regulatory agreement to permit owners and priority

16 purchasers to retain rental income in excess of the basic

17 rental charge projects assisted under section 236 of the

18 National Housing Act, for the purpose of preserving the

19 low- and moderate-income character of the housing: Pro20 vided further, That, notwithstanding any other provision

21 of law, subject to the availability of appropriated funds,

22 each low-income family who is elderly or disabled or is re23 siding in a low-vacancy area, residing in the housing on

24 the date of payment or voluntary termination, and whose

25 rent, as a result of a rent increase occurring no later than
28

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1 one year after the date the prepayment, exceeds 30 per2 cent of adjusted income, shall be offered tenant-based as3 sistance in accordance with section 8 or any successor pro4 gram, under which the family shall pay no less for rent

5 than it paid on such date: Provided further, That any fam6 ily receiving tenant-based assistance under the preceding

7 proviso may elect (1) to remain in the unit of the housing

8 and the rent exceeds the fair market rent or payment

9 standard, if applicable, the rent shall be deemed to be the

10 applicable standard, so long as the administering public

11 housing agency finds that the rent is reasonable in com12 parison with rents charged for comparable unassisted

13 housing units in the market or (2) to move the housing

14 and the rent will be subject to the fair market of the pay15 ment standard, as applicable, under existing program

16 rules and procedures: Provided further, That the tenant17 based assistance made available under the preceding two

18 provisos are in lieu of benefits provided under subsections

19 223 (b), (c), and (d) of the Low-Income Housing Preser20 vation and Resident Homeownership Act of 1990: Pro21 vided further, That any sales shall be funded using the

22 capital grant available under subsections 223(d)(3)(A) of

23 LIHPRHA: Provided further, That any extensions shall be

24 funded using a non-interest-bearing capital (direct) loan

25 by the Secretary not in excess of the amount of the cost
29

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1 of rehabilitation approved in the plan of action plus 65

2 percent of the property’s preservation equity and under

3 such other terms and conditions as the Secretary may pre4 scribe: Provided further, That any capital grant or capital

5 loan, including rehabilitation costs, shall be limited to four

6 times the fair market rent for fiscal year 1998 for the

7 area in which the project is located, using the appropriate

8 apartment sizes: Provided further, That section 241(f) of

9 the National Housing Act is repealed and insurance under

10 such section shall not be offered as an incentive under

11 LIHPHRA and ELIPHA: Provided further, That notwith12 standing any other provision of law, the Secretary shall,

13 at the request of an owner or a priority purchaser, approve

14 a one-time rent increase of up to 10 percent: Provided fur15 ther, That notwithstanding any other provision of law, pri16 ority purchasers may utilize assistance under the Commu17 nity Development Block Grant program, the HOME In18 vestment Partnerships Act or the Low Income Housing

19 Tax Credit: Provided further, That projects with approved

20 plans of action may submit revised plans of action which

21 conform to these requirements by March 15, 1998, and

22 retain the new priority for funding under these provisos.

23 COMMUNITY DEVELOPMENT BLOCK GRANTS

24 (INCLUDING TRANSFERS OF FUNDS)

25 For grants to States and units of general local gov26 ernment and for related expenses, not otherwise provided
30

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1 for, to carry out a community development grants pro2 gram as authorized by title I of the Housing and Commu3 nity Development Act of 1974, as amended (the ‘‘Act’’

4 herein) (42 U.S.C. 5301), $4,600,000,000, to remain

5 available until September 30, 2000: Provided, That

6 $67,000,000 shall be for grants to Indian tribes notwith7 standing section 106(a)(1) of the Act; $2,100,000 shall

8 be available as a grant to the Housing Assistance Council;

9 $1,500,000 shall be available as a grant to the National

10 American Indian Housing Council; $30,000,000 shall be

11 for grants pursuant to section 107 of such Act;

12 $12,000,000 shall be for the Community Outreach Part13 nership program; $30,000,000 shall be made available for

14 ‘‘Capacity Building for Community Development and Af15 fordable Housing,’’ as authorized by section 4 of the HUD

16 Demonstration Act of 1993 (Public Law 103–120) with

17 not less than $10,000,000 of the funding to be used in

18 rural areas, including tribal areas: Provided further, That

19 not to exceed 20 percent of any grant made with funds

20 appropriated herein (other than a grant made available

21 under the preceding proviso to the Housing Assistance

22 Council or the National American Indian Housing Coun23 cil, or a grant using funds under section 107(b)(3) of the

24 Housing and Community Development Act of 1974, as

25 amended) shall be expended for ‘‘Planning and Manage-
31

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1 ment Development’’ and ‘‘Administration’’ as defined in

2 regulations promulgated by the Department.

3 Of the amount made available under this heading,

4 notwithstanding any other provision of law, $35,000,000

5 shall be available for youthbuild program activities author6 ized by subtitle D of title IV of the Cranston-Gonzalez

7 National Affordable Housing Act, as amended, and such

8 activities shall be an eligible activity with respect to any

9 funds made available under this heading. Local youthbuild

10 programs that demonstrate an ability to leverage private

11 and nonprofit funding shall be given a priority for

12 youthbuild funding.

13 Of the amount made available under this heading,

14 notwithstanding any other provision of law, $60,000,000

15 shall be available for the lead-based paint hazard reduc16 tion program as authorized under sections 1011 and 1053

17 of the Residential Lead-Based Hazard Reduction Act of

18 1992.

19 Of the amounts made available under this heading,

20 $30,000,000 shall be available for the New Approach

21 Anti-Drug program for competitive grants to entities man22 aging or operating public housing developments, federally

23 assisted multifamily housing developments, or other multi24 family housing development for low-income families sup25 ported by non-Federal Governmental entities or similar
32

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1 housing developments supported by nonprofit private

2 sources; to reimburse local law enforcement entities for ad3 ditional police presence in and around such housing devel4 opments; to provide or augment such security services by

5 other entities or employees of the recipient agency; to as6 sist in the investigation and/or prosecution of drug related

7 criminal activity in and around such developments; and

8 to provide assistance for the development of capital im9 provements at such developments directly relating to the

10 security of such developments: Provided, That such grants

11 be made on a competitive basis as specified in section 102

12 of the HUD Reform Act.

13 Of the amounts made available under this heading

14 $42,000,000 shall be available for the Secretary, in con15 sultation with the Secretary of Agriculture, to make

16 grants, not to exceed $7,000,000 each, for rural and tribal

17 areas, including at least one Native American area in

18 Alaska, to test out comprehensive approaches to develop19 ing a job base through economic development, developing

20 affordable low- and moderate-income rental and home21 ownership housing, and the investment of both private and

22 nonprofit capital.

23 Of the amounts made available under this heading,

24 $40,000,000 for the Economic Development Initiative

25 (EDI) to finance a variety of efforts, including those iden-
33

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1 tified in the Senate committee report, that promote eco2 nomic revitalization that links people to jobs and support3 ive services. Failure to fund any project identified for EDI

4 funds in the Senate committee report shall result in all

5 funding under this paragraph to be allocated as funding

6 under the Community Development Block Grant Program

7 as authorized under title I of the Housing and Community

8 Development Act of 1974, as amended.

9 For the cost of guaranteed loans, $29,000,000, as au10 thorized by section 108 of the Housing and Community

11 Development Act of 1974: Provided, That such costs, in12 cluding the cost of modifying such loans, shall be as de13 fined in section 502 of the Congressional Budget Act of

14 1974, as amended: Provided further, That these funds are

15 available to subsidize total loan principal, any part of

16 which is to be guaranteed, not to exceed $1,261,000,000,

17 notwithstanding any aggregate limitation on outstanding

18 obligations guaranteed in section 108(k) of the Housing

19 and Community Development Act. In addition, for admin20 istrative expenses to carry out the guaranteed loan pro21 gram, $1,000,000, which shall be transferred to and

22 merged with the appropriation for departmental salaries

23 and expenses.

24 HOME INVESTMENT PARTNERSHIPS PROGRAM

25 For the HOME investment partnerships program, as

26 authorized under title II of the Cranston-Gonzalez Na-
34

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1 tional Affordable Housing Act (Public Law 101–625), as

2 amended, $1,400,000,000, to remain available until ex3 pended: Provided, That up to $7,000,000 shall be available

4 for the development and operation of integrated commu5 nity development management information systems: Pro6 vided further, That $20,000,000 shall be available for

7 Housing Counseling under section 106 of the Housing and

8 Urban Development Act of 1968.

9 SUPPORTIVE HOUSING PROGRAM

10 (RESCISSION)

11 Of the funds made available under this heading in

12 Public Law 102–389 and prior laws for the Supportive

13 Housing Demonstration Program, as authorized by the

14 Stewart B. McKinney Homeless Assistance Act,

15 $6,000,000 of funds recaptured during fiscal year 1998

16 shall be rescinded.

17 SHELTER PLUS CARE

18 (RESCISSION)

19 Of the funds made available under this heading in

20 Public Law 102–389 and prior laws for the Shelter Plus

21 Care program, as authorized by the Stewart B. McKinney

22 Homeless Assistance Act, $4,000,000 of funds recaptured

23 during fiscal year 1998 shall be rescinded.

24 HOMELESS ASSISTANCE GRANTS

25 For the emergency shelter grants program (as au26 thorized under subtitle B of title IV of the Stewart B.
35

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1 McKinney Homeless Assistance Act, as amended); the

2 supportive housing program (as authorized under subtitle

3 C of title IV of such Act); the section 8 moderate rehabili4 tation single room occupancy program (as authorized

5 under the United States Housing Act of 1937, as amend6 ed) to assist homeless individuals pursuant to section 441

7 of the Stewart B. McKinney Homeless Assistance Act; and

8 the shelter plus care program (as authorized under sub9 title F of title IV of such Act), $823,000,000, to remain

10 available until expended.

11 HOUSING PROGRAMS

12 HOUSING FOR SPECIAL POPULATIONS

13 (INCLUDING TRANSFER OF FUNDS)

14 For assistance for the purchase, construction, acqui15 sition, or development of additional public and subsidized

16 housing units for low income families under the United

17 States Housing Act of 1937, as amended (42 U.S.C.

18 1437), not otherwise provided for, $839,000,000, to re19 main available until expended: Provided, That of the total

20 amount provided under this heading, $645,000,000 shall

21 be for capital advances, including amendments to capital

22 advance contracts, for housing for the elderly, as author23 ized by section 202 of the Housing Act of 1959, as amend24 ed, and for project rental assistance, and amendments to

25 contracts for project rental assistance, for the elderly

26 under section 202(c)(2) of the Housing Act of 1959, and
36

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1 for supportive services associated with the housing; and

2 $194,000,000 shall be for capital advances, including

3 amendments to capital advance contracts, for supportive

4 housing for persons with disabilities, as authorized by sec5 tion 811 of the Cranston-Gonzalez National Affordable

6 Housing Act, for project rental assistance, for amend7 ments to contracts for project rental assistance, and sup8 portive services associated with the housing for persons

9 with disabilities as authorized by section 811 of such Act:

10 Provided further, That the Secretary may designate up to

11 25 percent of the amounts earmarked under this para12 graph for section 811 of such Act for tenant-based assist13 ance, as authorized under that section, including such au14 thority as may be waived under the next proviso, which

15 assistance is five years in duration: Provided further, That

16 the Secretary may waive any provision of section 202 of

17 the Housing Act of 1959 and section 811 of the National

18 Affordable Housing Act (including the provisions govern19 ing the terms and conditions of project rental assistance

20 and tenant-based assistance) that the Secretary deter21 mines is not necessary to achieve the objectives of these

22 programs, or that otherwise impedes the ability to develop,

23 operate or administer projects assisted under these pro24 grams, and may make provision for alternative conditions

25 or terms where appropriate: Provided further, That all ob-
37

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1 ligated and unobligated balances remaining in either the

2 ‘‘Annual Contributions for Assisted Housing’’ account or

3 the ‘‘Development of Additional New Subsidized Housing’’

4 account for capital advances, including amendments to

5 capital advances, for housing for the elderly, as authorized

6 by section 202 of the Housing Act of 1959, as amended,

7 and for project rental assistance, and amendments to con8 tracts for project rental assistance, for supportive housing

9 for the elderly, under section 202(c)(2) of such Act, shall

10 be transferred to and merged with the amounts for those

11 purposes under this heading; and, all obligated and unobli12 gated balances remaining in either the ‘‘Annual Contribu13 tions for Assisted Housing’’ account or the ‘‘Development

14 of Additional New Subsidized Housing’’ account for cap15 ital advances, including amendments to capital advances,

16 for supportive housing for persons with disabilities, as au17 thorized by section 811 of the Cranston-Gonzales National

18 Affordable Housing Act, and for project rental assistance,

19 and amendments to contracts for project rental assistance,

20 for supportive housing for persons with disabilities, as au21 thorized under section 811 of such Act, shall be trans22 ferred to and merged with the amounts for those purposes

23 under this heading.
38

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1 OTHER ASSISTED HOUSING PROGRAMS

2 RENTAL HOUSING ASSISTANCE

3 (RESCISSION)

4 The limitation otherwise applicable to the maximum

5 payments that may be required in any fiscal year by all

6 contracts entered into under section 236 of the National

7 Housing Act (12 U.S.C. 1715z–1) is reduced in fiscal year

8 1998 by not more than $7,350,000 in uncommitted bal9 ances of authorizations provided for this purpose in appro10 priation Acts: Provided, That up to $125,000,000 of re11 captured budget authority shall be canceled.

12 FLEXIBLE SUBSIDY FUND

13 (TRANSFER OF FUNDS)

14 From the Rental Housing Assistance Fund, all un15 committed balances of excess rental charges as of Septem16 ber 30, 1997, and any collections made during fiscal year

17 1998, shall be transferred to the Flexible Subsidy Fund,

18 as authorized by section 236(g) of the National Housing

19 Act, as amended.

20 FEDERAL HOUSING ADMINISTRATION

21 FHA—MUTUAL MORTGAGE INSURANCE PROGRAM

22 ACCOUNT

23 (INCLUDING TRANSFERS OF FUNDS)

24 During fiscal year 1998, commitments to guarantee

25 loans to carry out the purposes of section 203(b) of the
39

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1 National Housing Act, as amended, shall not exceed a loan

2 principal of $110,000,000,000.

3 During fiscal year 1998, obligations to make direct

4 loans to carry out the purposes of section 204(g) of the

5 National Housing Act, as amended, shall not exceed

6 $200,000,000: Provided, That the foregoing amount shall

7 be for loans to nonprofit and governmental entities in con8 nection with sales of single family real properties owned

9 by the Secretary and formerly insured under the Mutual

10 Mortgage Insurance Fund.

11 For administrative expenses necessary to carry out

12 the guaranteed and direct loan program, $333,421,000,

13 to be derived from the FHA-mutual mortgage insurance

14 guaranteed loans receipt account, of which not to exceed

15 $326,309,000 shall be transferred to the appropriation for

16 departmental salaries and expenses; and of which not to

17 exceed $12,112,000 shall be transferred to the appropria18 tion for the Office of Inspector General.

19 FHA—GENERAL AND SPECIAL RISK PROGRAM ACCOUNT

20 (INCLUDING TRANSFERS OF FUNDS)

21 For the cost of guaranteed loans, as authorized by

22 sections 238 and 519 of the National Housing Act (12

23 U.S.C. 1715z–3 and 1735c), including the cost of loan

24 guarantee modifications (as that term is defined in section

25 502 of the Congressional Budget Act of 1974, as amend26 ed), $81,000,000, to remain available until expended: Pro-
40

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1 vided, That these funds are available to subsidize total

2 loan principal, any part of which is to be guaranteed, of

3 up to $17,400,000,000: Provided further, That any

4 amounts made available in any prior appropriations Act

5 for the cost (as such term is defined in section 502 of

6 the Congressional Budget Act of 1974) of guaranteed

7 loans that are obligations of the funds established under

8 section 238 or 519 of the National Housing Act that have

9 not been obligated or that are deobligated shall be avail10 able to the Secretary of Housing and Urban Development

11 in connection with the making of such guarantees and

12 shall remain available until expended, notwithstanding the

13 expiration of any period of availability otherwise applicable

14 to such amounts.

15 Gross obligations for the principal amount of direct

16 loans, as authorized by sections 204(g), 207(l), 238(a),

17 and 519(a) of the National Housing Act, shall not exceed

18 $120,000,000; of which not to exceed $100,000,000 shall

19 be for bridge financing in connection with the sale of mul20 tifamily real properties owned by the Secretary and for21 merly insured under such Act; and of which not to exceed

22 $20,000,000 shall be for loans to nonprofit and govern23 mental entities in connection with the sale of single-family

24 real properties owned by the Secretary and formerly in25 sured under such Act.
41

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1 In addition, for administrative expenses necessary to

2 carry out the guaranteed and direct loan programs,

3 $222,305,000, of which $218,134,000, including

4 $25,000,000 for the enforcement of housing standards on

5 FHA-insured multifamily projects, shall be transferred to

6 the appropriation for departmental salaries and expenses;

7 and of which $4,171,000 shall be transferred to the appro8 priation for the Office of Inspector General.

9 GOVERNMENT NATIONAL MORTGAGE ASSOCIATION

10 GUARANTEES OF MORTGAGE-BACKED SECURITIES LOAN

11 GUARANTEE PROGRAM ACCOUNT

12 (INCLUDING TRANSFER OF FUNDS)

13 During fiscal year 1998, new commitments to issue

14 guarantees to carry out the purposes of section 306 of the

15 National Housing Act, as amended (12 U.S.C. 1721(g)),

16 shall not exceed $130,000,000,000.

17 For administrative expenses necessary to carry out

18 the guaranteed mortgage-backed securities program,

19 $9,383,000, to be derived from the Ginnie Mae-guarantees

20 of mortgage-backed securities guaranteed loan receipt ac21 count, of which not to exceed $9,383,000 shall be trans22 ferred to the appropriation for salaries and expenses.

23 POLICY DEVELOPMENT AND RESEARCH

24 RESEARCH AND TECHNOLOGY

25 For contracts, grants, and necessary expenses of pro26 grams of research and studies relating to housing and
42

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1 urban problems, not otherwise provided for, as authorized

2 by title V of the Housing and Urban Development Act

3 of 1970, as amended (12 U.S.C. 1701z–1 et seq.), includ4 ing carrying out the functions of the Secretary under sec5 tion 1(a)(1)(i) of Reorganization Plan No. 2 of 1968,

6 $34,000,000, to remain available until September 30,

7 1999.

8 FAIR HOUSING AND EQUAL OPPORTUNITY

9 FAIR HOUSING ACTIVITIES

10 For contracts, grants, and other assistance, not oth11 erwise provided for, as authorized by title VIII of the Civil

12 Rights Act of 1968, as amended by the Fair Housing

13 Amendments Act of 1988, and section 561 of the Housing

14 and Community Development Act of 1987, as amended,

15 $30,000,000, to remain available until September 30,

16 1999, of which $10,000,000 shall be to carry out activities

17 pursuant to such section 561. No funds made available

18 under this heading shall be used to lobby the executive

19 or legislative branches of the Federal Government in con20 nection with a specific contract, grant or loan.

21 MANAGEMENT AND ADMINISTRATION

22 SALARIES AND EXPENSES

23 (INCLUDING TRANSFER OF FUNDS)

24 For necessary administrative and non-administrative

25 expenses of the Department of Housing and Urban Devel26 opment, not otherwise provided for, including not to ex-
43

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1 ceed $7,000 for official reception and representation ex2 penses, $954,826,000, of which $544,443,000 shall be

3 provided from the various funds of the Federal Housing

4 Administration, $9,383,000 shall be provided from funds

5 of the Government National Mortgage Association, and

6 $1,000,000 shall be provided from the ‘‘Community Devel7 opment Grants Program’’ account.

8 OFFICE OF INSPECTOR GENERAL

9 (INCLUDING TRANSFER OF FUNDS)

10 For necessary expenses of the Office of Inspector

11 General in carrying out the Inspector General Act of 1978,

12 as amended, $57,850,000, of which $16,283,000 shall be

13 provided from the various funds of the Federal Housing

14 Administration and $5,000,000 shall be provided from the

15 amount earmarked for Operation Safe Home in the ‘‘Drug

16 Elimination Grants for Low Income Housing’’ account.

17 OFFICE OF FEDERAL HOUSING ENTERPRISE OVERSIGHT

18 SALARIES AND EXPENSES

19 (INCLUDING TRANSFER OF FUNDS)

20 For carrying out the Federal Housing Enterprise Fi21 nancial Safety and Soundness Act of 1992, $15,500,000,

22 to remain available until expended, to be derived from the

23 Federal Housing Enterprise Oversight Fund: Provided,

24 That not to exceed such amount shall be available from

25 the General Fund of the Treasury to the extent necessary

26 to incur obligations and make expenditures pending the
44

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1 receipt of collections to the Fund: Provided further, That

2 the General Fund amount shall be reduced as collections

3 are received during the fiscal year so as to result in a final

4 appropriation from the General Fund estimated at not

5 more than $0.

6 ADMINISTRATIVE PROVISIONS

7 EXTENDERS

8 SEC. 201. (a) ONE-FOR-ONE REPLACEMENT OF PUB9 LIC AND INDIAN HOUSING.—Section 1002(d) of Public

10 Law 104–19 is amended by striking ‘‘1997’’ and inserting

11 ‘‘1998’’.

12 (b) STREAMLINING SECTION 8 TENANT-BASED AS13 SISTANCE.—Section 203(d) of the Departments of Veter14 ans Affairs and Housing and Urban Development, and

15 Independent Agencies Appropriations Act, 1996 is amend16 ed by striking ‘‘fiscal years 1996 and 1997’’ and inserting

17 ‘‘fiscal years 1996, 1997, and 1998’’.

18 (c) SECTION 8 RENT ADJUSTMENTS.—Section

19 8(c)(2)(A) of the United States Housing Act of 1937 is

20 amended—

21 (1) in the third sentence, by striking ‘‘fiscal

22 year 1997’’ and inserting ‘‘fiscal years 1997 and

23 1998’’;

24 (2) in the last sentence, by striking ‘‘fiscal year

25 1997’’ and inserting ‘‘fiscal years 1997 and 1998’’.
45

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1 (3) in the fourth sentence, by striking ‘‘For’’

2 and inserting ‘‘Except for assistance under the cer3 tificate program, for’’;

4 (4) after the fourth sentence, by inserting the

5 following new sentence: ‘‘In the case of assistance

6 under the certificate program, 0.01 shall be sub7 tracted from the amount of the annual adjustment

8 factor (except that the factor shall not be reduced to

9 less than 1.0), and the adjusted rent shall not ex10 ceed the rent for a comparable unassisted unit of

11 similar quality, type, and age in the market area.’’;

12 and

13 (5) in the last sentence, by—

14 (A) striking ‘‘sentence’’ and inserting ‘‘two

15 sentences’’; and

16 (B) inserting ‘‘, fiscal year 1996 prior to

17 April 26, 1996, and fiscal year 1997’’ after

18 ‘‘1995’’.

19 DELAY REISSUANCE OF VOUCHERS AND CERTIFICATES

20 SEC. 202. Section 403(c) of The Balanced Budget

21 Downpayment Act, I is amended—

22 (1) by striking ‘‘fiscal years 1996 and 1997’’

23 and inserting ‘‘fiscal years 1996, 1997, and 1998’’;

24 and
46

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1 (2) by inserting before the semicolon the follow2 ing: ‘‘and October 1, 1998 for assistance made avail3 able during fiscal year 1998’’.

4 FINANCING ADJUSTMENT FACTORS

5 SEC. 203. Fifty per centum of the amounts of budget

6 authority, or in lieu thereof 50 per centum of the cash

7 amounts associated with such budget authority, that are

8 recaptured from projects described in section 1012(a) of

9 the Stewart B. McKinney Homeless Assistance Amend10 ments Act of 1988 (Public Law 100–628, 102 Stat. 3224,

11 3268) shall be rescinded, or in the case of cash, shall be

12 remitted to the Treasury, and such amounts of budget au13 thority or cash recaptured and not rescinded or remitted

14 to the Treasury shall be used by State housing finance

15 agencies or local governments or local housing agencies

16 with projects approved by the Secretary of Housing and

17 Urban Development for which settlement occurred after

18 January 1, 1992, in accordance with such section. Not19 withstanding the previous sentence, the Secretary may

20 award up to 15 percent of the budget authority or cash

21 recaptured and not rescinded or remitted to the Treasury

22 to provide project owners with incentives to refinance their

23 project at a lower interest rate.

24 ANNUAL ADJUSTMENT FACTORS

25 SEC. 204. Section 8(c)(2)(A) of the United States

26 Housing Act of 1937 is amended by inserting the following
47

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1 new sentences at the end: ‘‘In establishing annual adjust2 ment factors for units in new construction and substantial

3 rehabilitation projects, the Secretary shall take into ac4 count the fact that debt service is a fixed expense. The

5 immediately foregoing sentence shall be effective only dur6 ing fiscal year 1998.’’.

7 COMMUNITY DEVELOPMENT BLOCK GRANT

8 SEC. 205. Notwithstanding any other provision of

9 law, the $7,100,000 appropriated for an industrial park

10 at 18th Street and Indiana Avenue shall be made available

11 by the Secretary instead to 18th and Vine for rehabilita12 tion and infrastructure development associated with the

13 ‘‘Negro Leagues Baseball Museum’’ and the Jazz Mu14 seum.

15 FAIR HOUSING AND FREE SPEECH

16 SEC. 206. None of the amounts made available under

17 this Act may be used during fiscal year 1998 to investigate

18 or prosecute under the Fair Housing Act any otherwise

19 lawful activity engaged in by one or more persons, includ20 ing the filing or maintaining of a nonfrivolous legal action,

21 that is engaged in solely for the purpose of achieving or

22 preventing action by a government official or entity, or

23 a court of competent jurisdiction.

24 ACCOUNT TRANSITION

25 SEC. 207. The amounts of obligated balances in ap26 propriations accounts, as set forth in title II of the De-
48

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1 partments of Veterans Affairs and Housing and Urban

2 Development, and Independent Agencies Appropriations

3 Act, 1998 and prior Acts that are recaptured hereafter,

4 to the extent not governed by the specific language in an

5 account or provision in this Act, shall be held in reserve

6 subject to reprogramming, notwithstanding any other pro7 vision of law.

8 REQUIREMENT FOR HUD TO MAINTAIN PUBLIC NOTICE

9 AND COMMENT RULEMAKING

10 SEC. 208. Notwithstanding any other provision of

11 law, for fiscal year 1998 and for all fiscal years thereafter,

12 the Secretary of Housing and Urban Development shall

13 maintain all current requirements under part 10 of the

14 Department of Housing and Urban Development’s regula15 tions (24 CRS part 10) with respect to the Department’s

16 policies and procedures for the promulgation and issuance

17 of rules, including the use of public participation in the

18 rulemaking process.

19 BROWNFIELDS AS ELIGIBLE CDBG ACTIVITY

20 SEC. 209. States and entitlement communities may

21 use funds allocated under the community development

22 block grant program under title I of the Housing and

23 Community Development Act of 1974 for remediation and

24 development activities related to brownfields projects in

25 conjunction with the appropriate environmental regulatory

26 agencies.
49

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1 PARTIAL PAYMENT OF CLAIMS ON HEALTH CARE

2 FACILITIES

3 SEC. 210. Section 541(a) of the National Housing

4 Act is amended—

5 (1) in the section heading, by adding ‘‘AND

6 HEALTH CARE FACILITIES’’ at the end; and

7 (2) in subsection (a)—

8 (A) by inserting ‘‘or a health care facility

9 (including a nursing home, intermediate care

10 facility, or board and care home (as those terms

11 are defined in section 232), a hospital (as that

12 term is defined in section 242), or a group

13 practice facility (as that term is defined in sec14 tion 1106)’’ after ‘‘1978’’; and

15 (B) by inserting ‘‘or for keeping the health

16 care facility operational to serve community

17 needs,’’ after ‘‘character of the project,’’.

18 FHA MULTIFAMILY MORTGAGE CREDIT DEMONSTRATIONS

19 SEC. 211. Section 542 of the Housing and Commu20 nity Development Act of 1992 is amended—

21 (1) in subsection (b)(5) by adding before the

22 period at the end of the first sentence ‘‘, and not

23 more than an additional 15,000 units over fiscal

24 year 1998’’; and

25 (2) in the first sentence of subsection (c)(4) in26 serting after ‘‘fiscal year 1997’’ the following: ‘‘and
50

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1 not more than an additional 15,000 units during fis2 cal year 1998.’’.

3 CALCULATION OF DOWNPAYMENT

4 SEC. 212. Section 203(b) of the National Housing

5 Act is amended by striking ‘‘fiscal year 1997’’ in para6 graph (10)(A) and inserting in lieu thereof ‘‘fiscal year

7 1997 and thereafter’’.

8 SECTION 8 MARK-TO-MARKET MULTIFAMILY HOUSING

9 REFORM

10 SEC. 213. Subtitle B, the Multifamily Assisted Hous11 ing Reform and Affordability Act of 1997’’, of title II of

12 S. 947, the Balanced Budget Act of 1997, as passed by

13 the Senate on June 25, 1997, is incorporated by reference

14 in this bill, the Department of Veterans Affairs and Hous15 ing and Urban Development, and Independent Agencies

16 Appropriations Bill, 1998.

17 HOPE VI NOFA

18 SEC. 214. Notwithstanding any other provision of

19 law, including the July 22, 1996 Notice of Funding Avail20 ability (61 Fed. Reg. 38024), the demolition of units at

21 developments funded under the Notice of Funding Avail22 ability shall be at the option of the New York City Hous23 ing Authority and the assistance awarded shall be allo24 cated by the public housing agency among other eligible

25 activities under the HOPE VI program and without the

26 development costs limitations of the Notice, provided that
51

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1 the public housing agency shall not exceed the total cost

2 limitations for the public housing agency, as provided by

3 the Department of Housing and Urban Development.

4 ENHANCED DISPOSITION AUTHORITY

5 SEC. 215. Section 204 of the Department of Veterans

6 Affairs and Housing and Urban Development, and inde7 pendent Agencies Appropriations Act, 1997 is amended by

8 inserting after ‘‘owned by the Secretary’’ the following:

9 ‘‘, including, for fiscal year 1998, the provision of grants

10 and loans from the General Insurance Fund (12 U.S.C.

11 1735c) for the necessary costs of rehabilitation.

12 TITLE III—INDEPENDENT AGENCIES

13 AMERICAN BATTLE MONUMENTS COMMISSION

14 SALARIES AND EXPENSES

15 For necessary expenses, not otherwise provided for,

16 of the American Battle Monuments Commission, including

17 the acquisition of land or interest in land in foreign coun18 tries; purchases and repair of uniforms for caretakers of

19 national cemeteries and monuments outside of the United

20 States and its territories and possessions; rent of office

21 and garage space in foreign countries; purchase (one for

22 replacement only) and hire of passenger motor vehicles;

23 and insurance of official motor vehicles in foreign coun24 tries, when required by law of such countries;

25 $23,897,000, to remain available until expended: Pro26 vided, That where station allowance has been authorized
52

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1 by the Department of the Army for officers of the Army

2 serving the Army at certain foreign stations, the same al3 lowance shall be authorized for officers of the Armed

4 Forces assigned to the Commission while serving at the

5 same foreign stations, and this appropriation is hereby

6 made available for the payment of such allowance: Pro7 vided further, That when traveling on business of the Com8 mission, officers of the Armed Forces serving as members

9 or as Secretary of the Commission may be reimbursed for

10 expenses as provided for civilian members of the Commis11 sion: Provided further, That the Commission shall reim12 burse other Government agencies, including the Armed

13 Forces, for salary, pay, and allowances of personnel as14 signed to it.

15 CHEMICAL SAFETY AND HAZARD INVESTIGATION BOARD

16 SALARIES AND EXPENSES

17 For necessary expenses in carrying out activities pur18 suant to section 112(r)(6) of the Clean Air Act, including

19 hire of passenger vehicles, and for services authorized by

20 5 U.S.C. 3109, but at rates for individuals not to exceed

21 the per diem equivalent to the maximum rate payable for

22 senior level positions under 5 U.S.C. 5376, $4,000,000.
53

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1 CONSUMER PRODUCT SAFETY COMMISSION

2 SALARIES AND EXPENSES

3 For necessary expenses of the Consumer Product

4 Safety Commission, including hire of passenger motor ve5 hicles, services as authorized by 5 U.S.C. 3109, but at

6 rates for individuals not to exceed the per diem rate equiv7 alent to the maximum rate payable under 5 U.S.C. 5376,

8 purchase of nominal awards to recognize non-Federal offi9 cials’ contributions to Commission activities, and not to

10 exceed $500 for official reception and representation ex11 penses, $45,000,000.

12 CORPORATION FOR NATIONAL AND COMMUNITY SERVICE

13 NATIONAL AND COMMUNITY SERVICE PROGRAMS

14 OPERATING EXPENSES

15 (INCLUDING TRANSFER OF FUNDS)

16 For necessary expenses for the Corporation for Na17 tional and Community Service (referred to in the matter

18 under this heading as the ‘‘Corporation’’) in carrying out

19 programs, activities, and initiatives under the National

20 and Community Service Act of 1990 (referred to in the

21 matter under this heading as the ‘‘Act’’) (42 U.S.C. 12501

22 et seq.), $400,500,000, to remain available until Septem23 ber 30, 1999: Provided, That not more than $25,000,000

24 shall be available for administrative expenses authorized

25 under section 501(a)(4) of the Act (42 U.S.C.

26 12671(a)(4)): Provided further, That not more than
54

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1 $2,500 shall be for official reception and representation

2 expenses: Provided further, That not more than

3 $59,000,000, to remain available without fiscal year limi4 tation, shall be transferred to the National Service Trust

5 account for educational awards authorized under subtitle

6 D of title I of the Act (42 U.S.C. 12601 et seq.): Provided

7 further, That not more than $215,000,000 of the amount

8 provided under this heading shall be available for grants

9 under the National Service Trust program authorized

10 under subtitle C of title I of the Act (42 U.S.C. 12571

11 et seq.) (relating to activities including the Americorps

12 program), of which not more than $40,000,000 may be

13 used to administer, reimburse, or support any national

14 service program authorized under section 121(d)(2) of

15 such Act (42 U.S.C. 12581(d)(2)): Provided further, That

16 not more than $5,500,000 of the funds made available

17 under this heading shall be made available for the Points

18 of Light Foundation for activities authorized under title

19 III of the Act (42 U.S.C. 12661 et seq.): Provided further,

20 That no funds shall be available for national service pro21 grams run by Federal agencies authorized under section

22 121(b) of such Act (42 U.S.C. 12571(b)): Provided fur23 ther, That to the maximum extent feasible, funds appro24 priated under subtitle C of title I of the Act shall be pro25 vided in a manner that is consistent with the recommenda-
55

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1 tions of peer review panels in order to ensure that priority

2 is given to programs that demonstrate quality, innovation,

3 replicability, and sustainability: Provided further, That not

4 more than $18,000,000 of the funds made available under

5 this heading shall be available for the Civilian Community

6 Corps authorized under subtitle E of title I of the Act

7 (42 U.S.C. 12611 et seq.): Provided further, That not

8 more than $43,000,000 shall be available for school-based

9 and community-based service-learning programs author10 ized under subtitle B of title I of the Act (42 U.S.C. 12521

11 et seq.): Provided further, That not more than

12 $30,000,000 shall be available for quality and innovation

13 activities authorized under subtitle H of title I of the Act

14 (42 U.S.C. 12853 et seq.): Provided further, That not

15 more than $5,000,000 shall be available for audits and

16 other evaluations authorized under section 179 of the Act

17 (42 U.S.C. 12639): Provided further, That no funds from

18 any other appropriation, or from funds otherwise made

19 available to the Corporation, shall be used to pay for per20 sonnel compensation and benefits, travel, or any other ad21 ministrative expense for the Board of Directors, the Office

22 of the Chief Executive Officer, the Office of the Managing

23 Director, the Office of the Chief Financial Officer, the Of24 fice of National and Community Service Programs, the Ci25 vilian Community Corps, or any field office or staff of the
56

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1 Corporation working on the National and Community

2 Service or Civilian Community Corps programs: Provided

3 further, That to the maximum extent practicable, the Cor4 poration shall increase significantly the level of matching

5 funds and in-kind contributions provided by the private

6 sector, shall expand significantly the number of edu7 cational awards provided under subtitle D of title I, and

8 shall reduce the total Federal costs per participant in all

9 programs.

10 OFFICE OF INSPECTOR GENERAL

11 For necessary expenses of the Office of Inspector

12 General in carrying out the Inspector General Act of 1978,

13 as amended, $3,000,000.

14 COURT OF VETERANS APPEALS

15 SALARIES AND EXPENSES

16 For necessary expenses for the operation of the Unit17 ed States Court of Veterans Appeals as authorized by 38

18 U.S.C. sections 7251–7298, $9,320,000, of which

19 $790,000, shall be available for the purpose of providing

20 financial assistance as described, and in accordance with

21 the process and reporting procedures set fourth, under

22 this heading in Public Law 102–229.
57

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1 DEPARTMENT OF DEFENSE—CIVIL

2 CEMETERIAL EXPENSES, ARMY

3 SALARIES AND EXPENSES

4 For necessary expenses, as authorized by law, for

5 maintenance, operation, and improvement of Arlington

6 National Cemetery and Soldiers’ and Airmen’s Home Na7 tional Cemetery, including the purchase of two passenger

8 motor vehicles for replacement only, and not to exceed

9 $1,000 for official reception and representation expenses,

10 $11,815,000, to remain available until expended.

11 ENVIRONMENTAL PROTECTION AGENCY

12 SCIENCE AND TECHNOLOGY

13 (INCLUDING TRANSFER OF FUNDS)

14 For science and technology, including research and

15 development activities, which shall include research and

16 development activities under the Comprehensive Environ17 mental Response, Compensation, and Liability Act of

18 1980 (CERCLA), as amended; necessary expenses for per19 sonnel and related costs and travel expenses, including

20 uniforms, or allowances therefore, as authorized by 5

21 U.S.C. 5901–5902; services as authorized by 5 U.S.C.

22 3109, but at rates for individuals not to exceed the per

23 diem rate equivalent to the rate for GS–18; procurement

24 of laboratory equipment and supplies; other operating ex25 penses in support of research and development; construc26 tion, alteration, repair, rehabilitation, and renovation of
58

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1 facilities, not to exceed $75,000 per project,

2 $600,000,000, which shall remain available until Septem3 ber 30, 1999.

4 ENVIRONMENTAL PROGRAMS AND MANAGEMENT

5 For environmental programs and management, in6 cluding necessary expenses, not otherwise provided for, for

7 personnel and related costs and travel expenses, including

8 uniforms, or allowances therefore, as authorized by 5

9 U.S.C. 5901–5902; services as authorized by 5 U.S.C.

10 3109, but at rates for individuals not to exceed the per

11 diem rate equivalent to the rate for GS–18; hire of pas12 senger motor vehicles; hire, maintenance, and operation

13 of aircraft; purchase of reprints; library memberships in

14 societies or associations which issue publications to mem15 bers only or at a price to members lower than to subscrib16 ers who are not members; construction, alteration, repair,

17 rehabilitation, and renovation of facilities, not to exceed

18 $75,000 per project; and not to exceed $6,000 for official

19 reception and representation expenses, $1,801,000,000,

20 which shall remain available until September 30, 1999.

21 OFFICE OF INSPECTOR GENERAL

22 For necessary expenses of the Office of Inspector

23 General in carrying out the provisions of the Inspector

24 General Act of 1978, as amended, and for construction,

25 alteration, repair, rehabilitation, and renovation of facili-
59

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1 ties, not to exceed $75,000 per project, $28,500,000, to

2 remain available until September 30, 1999.

3 BUILDINGS AND FACILITIES

4 For construction, repair, improvement, extension, al5 teration, and purchase of fixed equipment or facilities of,

6 or for use by, the Environmental Protection Agency,

7 $19,420,000, to remain available until expended.

8 HAZARDOUS SUBSTANCE SUPERFUND

9 (INCLUDING TRANSFER OF FUNDS)

10 For necessary expenses to carry out the Comprehen11 sive Environmental Response, Compensation, and Liabil12 ity Act of 1980 (CERCLA), as amended, including sec13 tions 111 (c)(3), (c)(5), (c)(6), and (e)(4) (42 U.S.C.

14 9611), and for construction, alteration, repair, rehabilita15 tion, and renovation of facilities, not to exceed $75,000

16 per project; not to exceed $1,400,000,000 (of which

17 $100,000,000 shall not become available under September

18 1, 1998), to remain available until expended, consisting

19 of $1,150,000,000, as authorized by section 517(a) of the

20 Superfund Amendments and Reauthorization Act of 1986

21 (SARA), as amended by Public Law 101–508, and

22 $250,000,000 as a payment from general revenues to the

23 Hazardous Substance Superfund as authorized by section

24 517(b) of SARA, as amended by Public Law 101–508:

25 Provided, That funds appropriated under this heading

26 may be allocated to other Federal agencies in accordance
60

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1 with section 111(a) of CERCLA: Provided further, That

2 $11,641,000 of the funds appropriated under this heading

3 shall be transferred to the ‘‘Office of Inspector General’’

4 appropriation to remain available until September 30,

5 1999: Provided further, That notwithstanding section

6 111(m) of CERCLA or any other provision of law,

7 $68,000,000 of the funds appropriated under this heading

8 shall be available to the Agency for Toxic Substances and

9 Disease Registry to carry out activities described in sec10 tions 104(i), 111(c)(4), and 111(c)(14) of CERCLA and

11 section 118(f) of SARA: Provided further, That

12 $35,000,000 of the funds appropriated under this heading

13 shall be transferred to the ‘‘Science and Technology’’ ap14 propriation to remain available until September 30, 1999:

15 Provided further, That none of the funds appropriated

16 under this heading shall be available for the Agency for

17 Toxic Substances and Disease Registry to issue in excess

18 of 40 toxicological profiles pursuant to section 104(i) of

19 CERCLA during fiscal year 1998.

20 LEAKING UNDERGROUND STORAGE TANK PROGRAM

21 (INCLUDING TRANSFER OF FUNDS)

22 For necessary expenses to carry out leaking under23 ground storage tank cleanup activities authorized by sec24 tion 205 of the Superfund Amendments and Reauthoriza25 tion Act of 1986, and for construction, alteration, repair,
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1 rehabilitation, and renovation of facilities, not to exceed

2 $75,000 per project, $65,000,000, to remain available

3 until expended: Provided, That no more than $7,500,000

4 shall be available for administrative expenses.

5 OIL SPILL RESPONSE

6 (INCLUDING TRANSFER OF FUNDS)

7 For expenses necessary to carry out the Environ8 mental Protection Agency’s responsibilities under the Oil

9 Pollution Act of 1990, $15,000,000, to be derived from

10 the Oil Spill Liability trust fund, and to remain available

11 until expended: Provided, That not more than $8,500,000

12 of these funds shall be available for administrative ex13 penses.

14 STATE AND TRIBAL ASSISTANCE GRANTS

15 For environmental programs and infrastructure as16 sistance, including capitalization grants for State revolv17 ing funds and performance partnership grants,

18 $3,047,000,000, to remain available until expended, of

19 which $1,350,000,000 shall be for making capitalization

20 grants for the Clean Water State Revolving Funds under

21 title VI of the Federal Water Pollution Control Act, as

22 amended, and $725,000,000 shall be for capitalization

23 grants for the Drinking Water State Revolving Funds

24 under section 1452 of the Safe Drinking Water Act, as

25 amended; $100,000,000 for architectural, engineering,

26 planning, design, construction and related activities in
62

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1 connection with the construction of high priority water

2 and wastewater facilities in the area of the United States3 Mexico Border, after consultation with the appropriate

4 border commission; $50,000,000 for grants to the State

5 of Texas for the purpose of improving wastewater treat6 ment for colonias; $15,000,000 for grants to the State of

7 Alaska to address drinking water and wastewater infra8 structure needs of rural and Alaska Native Villages as

9 provided by section 303 of Public Law 104–182;

10 $82,000,000 for making grants for the construction of

11 wastewater and water treatment facilities and ground12 water protection infrastructure in accordance with the

13 terms and conditions specified for such grants in the re14 port accompanying this Act; and $725,000,000 for grants

15 to States, federally recognized tribes, and air pollution

16 control agencies for multi-media or single media pollution

17 prevention, control and abatement and related activities

18 pursuant to the provisions set forth under this heading

19 in Public Law 104–134, including grants under section

20 103 of the Clean Air Act for particulate matter monitoring

21 and data collection activities: Provided, That notwith22 standing any other provision of law, hereafter, States may

23 combine the assets of State Revolving Funds (SRFs) es24 tablished under section 1452 of the Safe Drinking Water

25 Act, as amended, and title VI of the Federal Water Pollu-
63

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1 tion Control Act, as amended, as security for bond issues

2 to enhance the lending capacity of one or both SRFs, but

3 not to acquire the State match for either SRF program

4 provided that revenues from the bonds are allocated to the

5 purposes of the Safe Drinking Water Act in the same por6 tion as the funds are used as security for the bonds: Pro7 vided further, That, hereafter from funds appropriated

8 under this heading, the Administrator is authorized to

9 make grants to federally recognized Indian governments

10 for the development of multi-media environmental pro11 grams: Provided further, That, hereafter, the funds avail12 able under this heading for grants to States, federally rec13 ognized tribes, and air pollution control agencies for multi14 media or single media pollution prevention, control and

15 abatement and related activities may also be used for the

16 direct implementation by the Federal Government of a

17 program required by law in the absence of an acceptable

18 State or tribal program.

19 WORKING CAPITAL FUND

20 Under this heading in Public Law 104–204, delete

21 the following: the phrases, ‘‘franchise fund pilot to be

22 known as the’’; ‘‘as authorized by section 403 of Public

23 Law 103–356,’’; and ‘‘as provided in such section’’; and

24 the final proviso. After the phrase, ‘‘to be available’’, in25 sert ‘‘without fiscal year limitation’’.
64

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1 EXECUTIVE OFFICE OF THE PRESIDENT

2 OFFICE OF SCIENCE AND TECHNOLOGY POLICY

3 For necessary expenses of the Office of Science and

4 Technology Policy, in carrying out the purposes of the Na5 tional Science and Technology Policy, Organization, and

6 Priorities Act of 1976 (42 U.S.C. 6601 and 6671), hire

7 of passenger motor vehicles, and services as authorized by

8 5 U.S.C. 3109, not to exceed $2,500 for official reception

9 and representation expenses, and rental of conference

10 rooms in the District of Columbia, $4,932,000.

11 COUNCIL ON ENVIRONMENTAL QUALITY AND OFFICE OF

12 ENVIRONMENTAL QUALITY

13 For necessary expenses to continue functions as14 signed to the Council on Environmental Quality and Office

15 of Environmental Quality pursuant to the National Envi16 ronmental Policy Act of 1969, the Environmental Quality

17 Improvement Act of 1970, and Reorganization Plan No.

18 1 of 1977, $2,436,000.

19 FEDERAL DEPOSIT INSURANCE CORPORATION

20 OFFICE OF INSPECTOR GENERAL

21 (INCLUDING TRANSFER OF FUNDS)

22 For necessary expenses of the Office of Inspector

23 General in carrying out the provisions of the Inspector

24 General Act of 1978, as amended, $34,265,000, to be de25 rived from the Bank Insurance Fund, the Savings Asso26 ciation Insurance Fund, and the FSLIC Resolution Fund.
65

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1 FEDERAL EMERGENCY MANAGEMENT AGENCY

2 DISASTER RELIEF

3 For necessary expenses in carrying out the Robert

4 T. Stafford Disaster Relief and Emergency Assistance Act

5 (42 U.S.C. 5121 et seq.), $320,000,000, and, notwith6 standing 42 U.S.C. 5203, to remain available until ex7 pended: Provided, That none of the funds appropriated for

8 the Federal Emergency Management Agency may be used

9 to perform repair, replacement, reconstruction, or restora10 tion activities with respect to (1) trees and other natural

11 features belonging to State and local governments that are

12 located within parks and recreational facilities, as well as

13 on the grounds of other publicly-owned property; (2)

14 parks, recreational areas, marinas, golf courses, stadiums,

15 arenas or other similar facilities which generate any por16 tion of their operational revenue through user fees, rents,

17 admission charges, or similar fees; or (3) beaches.

18 DISASTER ASSISTANCE DIRECT LOAN PROGRAM ACCOUNT

19 For the cost of direct loans, $1,495,000, as author20 ized by section 319 of the Robert T. Stafford Disaster Re21 lief and Emergency Assistance Act: Provided, That such

22 costs, including the cost of modifying such loans, shall be

23 as defined in section 502 of the Congressional Budget Act

24 of 1974, as amended: Provided further, That these funds

25 are available to subsidize gross obligations for the prin26 cipal amount of direct loans not to exceed $25,000,000.
66

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1 In addition, for administrative expenses to carry out

2 the direct loan program, $341,000.

3 SALARIES AND EXPENSES

4 For necessary expenses, not otherwise provided for,

5 including hire and purchase of motor vehicles as author6 ized by 31 U.S.C. 1343; uniforms, or allowances therefor,

7 as authorized by 5 U.S.C. 5901–5902; services as author8 ized by 5 U.S.C. 3109, but at rates for individuals not

9 to exceed the per diem rate equivalent to the rate for GS–

10 18; expenses of attendance of cooperating officials and in11 dividuals at meetings concerned with the work of emer12 gency preparedness; transportation in connection with the

13 continuity of Government programs to the same extent

14 and in the same manner as permitted the Secretary of

15 a Military Department under 10 U.S.C. 2632; and not to

16 exceed $2,500 for official reception and representation ex17 penses, $171,773,000.

18 OFFICE OF INSPECTOR GENERAL

19 For necessary expenses of the Office of Inspector

20 General in carrying out the Inspector General Act of 1978,

21 as amended, $4,803,000.

22 EMERGENCY MANAGEMENT PLANNING AND ASSISTANCE

23 For necessary expenses, not otherwise provided for,

24 to carry out activities under the National Flood Insurance

25 Act of 1968, as amended, and the Flood Disaster Protec26 tion Act of 1973, as amended (42 U.S.C. 4001 et seq.),
67

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1 the Robert T. Stafford Disaster Relief and Emergency As2 sistance Act (42 U.S.C. 5121 et seq.), the Earthquake

3 Hazards Reduction Act of 1977, as amended (42 U.S.C.

4 7701 et seq.), the Federal Fire Prevention and Control

5 Act of 1974, as amended (15 U.S.C. 2201 et seq.), the

6 Defense Production Act of 1950, as amended (50 U.S.C.

7 App. 2061 et seq.), sections 107 and 303 of the National

8 Security Act of 1947, as amended (50 U.S.C. 404–405),

9 and Reorganization Plan No. 3 of 1978, $202,146,000.

10 EMERGENCY FOOD AND SHELTER PROGRAM

11 To carry out an emergency food and shelter program

12 pursuant to title III of Public Law 100–77, as amended,

13 $100,000,000: Provided, That total administrative costs

14 shall not exceed three and one-half percent of the total

15 appropriation.

16 NATIONAL FLOOD INSURANCE FUND

17 (INCLUDING TRANSFER OF FUNDS)

18 For activities under the National Flood Insurance

19 Act of 1968, the Flood Disaster Protection Act of 1973,

20 and the National Flood Insurance Reform Act of 1994,

21 not to exceed $21,610,000 for salaries and expenses asso22 ciated with flood mitigation and flood insurance oper23 ations, and not to exceed $78,464,000 for flood mitigation,

24 including up to $20,000,000 for expenses under section

25 1366 of the National Flood Insurance Act, which amount

26 shall be available for transfer to the National Flood Miti-
68

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1 gation Fund until September 30, 1999. In fiscal year

2 1998, no funds in excess of (1) $47,000,000 for operating

3 expenses, (2) $375,165,000 for agents’ commissions and

4 taxes, and (3) $50,000,000 for interest on Treasury bor5 rowings shall be available from the National Flood Insur6 ance Fund without prior notice to the Committees on Ap7 propriations. For fiscal year 1998, flood insurance rates

8 shall not exceed the level authorized by the National Flood

9 Insurance Reform Act of 1994.

10 ADMINISTRATIVE PROVISION

11 The Director of the Federal Emergency Management

12 Agency shall promulgate through rulemaking a methodol13 ogy for assessment and collection of fees to be assessed

14 and collected beginning in fiscal year 1998 applicable to

15 persons subject to the Federal Emergency Management

16 Agency’s radiological emergency preparedness regulations.

17 The aggregate charges assessed pursuant to this section

18 during fiscal year 1998 shall approximate, but not be less

19 than, 100 per centum of the amounts anticipated by the

20 Federal Emergency Management Agency to be obligated

21 for its radiological emergency preparedness program for

22 such fiscal year. The methodology for assessment and col23 lection of fees shall be fair and equitable, and shall reflect

24 the full amount of costs of providing radiological emer25 gency planning, preparedness, response and associated

26 services. Such fees shall be assessed in a manner that re-
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1 flects the use of agency resources for classes of regulated

2 persons and the administrative costs of collecting such

3 fees. Fees received pursuant to this section shall be depos4 ited in the general fund of the Treasury as offsetting re5 ceipts. Assessment and collection of such fees are only au6 thorized during fiscal year 1998.

7 GENERAL SERVICES ADMINISTRATION

8 CONSUMER INFORMATION CENTER FUND

9 For necessary expenses of the Consumer Information

10 Center, including services authorized by 5 U.S.C. 3109,

11 $2,419,000, to be deposited into the Consumer Informa12 tion Center Fund: Provided, That the appropriations, rev13 enues and collections deposited into the fund shall be

14 available for necessary expenses of Consumer Information

15 Center activities in the aggregate amount of $7,500,000.

16 Appropriations, revenues, and collections accruing to this

17 fund during fiscal year 1998 in excess of $7,500,000 shall

18 remain in the fund and shall not be available for expendi19 ture except as authorized in appropriations Acts: Provided

20 further, That notwithstanding any other provision of law,

21 the Consumer Information Center may accept and deposit

22 to this account, during fiscal year 1998 and hereafter,

23 gifts for the purpose of defraying its costs of printing,

24 publishing, and distributing consumer information and

25 educational materials and undertaking other consumer in-
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1 formation activities; may expend those gifts for those pur2 poses, in addition to amounts appropriated or otherwise

3 made available; and the balance shall remain available for

4 expenditure for such purpose.

5 NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

6 HUMAN SPACE FLIGHT

7 For necessary expenses, not otherwise provided for,

8 in the conduct and support of human space flight research

9 and development activities, including research, develop10 ment, operations, and services; maintenance; construction

11 of facilities including repair, rehabilitation, and modifica12 tion of real and personal property, and acquisition or con13 demnation of real property, as authorized by law; space

14 flight, spacecraft control and communications activities in15 cluding operations, production, and services; and pur16 chase, lease, charter, maintenance and operation of mis17 sion and administrative aircraft, $5,326,500,000, to re18 main available until September 30, 1999.

19 SCIENCE, AERONAUTICS AND TECHNOLOGY

20 For necessary expenses, not otherwise provided for,

21 in the conduct and support of science, aeronautics and

22 technology research and development activities, including

23 research, development, operations, and services; mainte24 nance; construction of facilities including repair, rehabili25 tation, and modification of real and personal property, and

26 acquisition or condemnation of real property, as author-
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1 ized by law; space flight, spacecraft control and commu2 nications activities including operations, production, and

3 services; and purchase, lease, charter, maintenance and

4 operation of mission and administrative aircraft,

5 $5,642,000,000, to remain available until September 30,

6 1999.

7 MISSION SUPPORT

8 For necessary expenses, not otherwise provided for,

9 in carrying out mission support for human space flight

10 programs and science, aeronautical, and technology pro11 grams, including research operations and support; space

12 communications activities including operations, production

13 and services; maintenance; construction of facilities in14 cluding repair, rehabilitation, and modification of facili15 ties, minor construction of new facilities and additions to

16 existing facilities, facility planning and design, environ17 mental compliance and restoration, and acquisition or con18 demnation of real property, as authorized by law; program

19 management; personnel and related costs, including uni20 forms or allowances therefor, as authorized by 5 U.S.C.

21 5901–5902; travel expenses; purchase, lease, charter,

22 maintenance, and operation of mission and administrative

23 aircraft; not to exceed $35,000 for official reception and

24 representation expenses; and purchase (not to exceed 33

25 for replacement only) and hire of passenger motor vehi-
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1 cles; $2,513,200,000, to remain available until September

2 30, 1999.

3 OFFICE OF INSPECTOR GENERAL

4 For necessary expenses of the Office of Inspector

5 General in carrying out the Inspector General Act of 1978,

6 as amended, $18,300,000.

7 ADMINISTRATIVE PROVISIONS

8 Notwithstanding the limitation on the availability of

9 funds appropriated for ‘‘Human space flight’’, ‘‘Science,

10 aeronautics and technology’’, or ‘‘Mission support’’ by this

11 appropriations Act, when any activity has been initiated

12 by the incurrence of obligations for construction of facili13 ties as authorized by law, such amount available for such

14 activity shall remain available until expended. This provi15 sion does not apply to the amounts appropriated in ‘‘Mis16 sion support’’ pursuant to the authorization for repair, re17 habilitation and modification of facilities, minor construc18 tion of new facilities and additions to existing facilities,

19 and facility planning and design.

20 Notwithstanding the limitation on the availability of

21 funds appropriated for ‘‘Human space flight’’, ‘‘Science,

22 aeronautics and technology’’, or ‘‘Mission support’’ by this

23 appropriations Act, the amounts appropriated for con24 struction of facilities shall remain available until Septem25 ber 30, 2000.
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1 Notwithstanding the limitation on the availability of

2 funds appropriated for ‘‘Mission support’’ and ‘‘Office of

3 Inspector General’’, amounts made available by this Act

4 for personnel and related costs and travel expenses of the

5 National Aeronautics and Space Administration shall re6 main available until September 30, 1998 and may be used

7 to enter into contracts for training, investigations, costs

8 associated with personnel relocation, and for other serv9 ices, to be provided during the next fiscal year.

10 NATIONAL CREDIT UNION ADMINISTRATION

11 CENTRAL LIQUIDITY FACILITY

12 During fiscal year 1998, gross obligations of the

13 Central Liquidity Facility for the principal amount of new

14 direct loans to member credit unions, as authorized by the

15 National Credit Union Central Liquidity Facility Act (12

16 U.S.C. 1795), shall not exceed $600,000,000: Provided,

17 That administrative expenses of the Central Liquidity Fa18 cility in fiscal year 1998 shall not exceed $203,000.

19 NATIONAL SCIENCE FOUNDATION

20 RESEARCH AND RELATED ACTIVITIES

21 For necessary expenses in carrying out the National

22 Science Foundation Act of 1950, as amended (42 U.S.C.

23 1861–1875), and the Act to establish a National Medal

24 of Science (42 U.S.C. 1880–1881); services as authorized

25 by 5 U.S.C. 3109; maintenance and operation of aircraft
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1 and purchase of flight services for research support; acqui2 sition of aircraft; $2,524,700,000, of which not to exceed

3 $228,530,000 shall remain available until expended for

4 Polar research and operations support, and for reimburse5 ment to other Federal agencies for operational and science

6 support and logistical and other related activities for the

7 United States Antarctic program; the balance to remain

8 available until September 30, 1999: Provided, That re9 ceipts for scientific support services and materials fur10 nished by the National Research Centers and other Na11 tional Science Foundation supported research facilities

12 may be credited to this appropriation: Provided further,

13 That to the extent that the amount appropriated is less

14 than the total amount authorized to be appropriated for

15 included program activities, all amounts, including floors

16 and ceilings, specified in the authorizing Act for those pro17 gram activities or their subactivities shall be reduced pro18 portionally: Provided further, That $40,000,000 of the

19 funds available under this heading shall be made available

20 for a comprehensive research initiative on plant genomes,

21 including the corn genome: Provided further, That

22 $359,000,000 of the funds available under this heading

23 shall not be made available for initiatives in Knowledge

24 and Distributed Intelligence and Life and Earth’s Envi-
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1 ronment until the agency submits appropriate milestones

2 to be achieved by the initiatives in fiscal year 1998.

3 MAJOR RESEARCH EQUIPMENT

4 For necessary expenses of major construction

5 projects pursuant to the National Science Foundation Act

6 of 1950, as amended, $85,000,000, to remain available

7 until expended.

8 EDUCATION AND HUMAN RESOURCES

9 For necessary expenses in carrying out science and

10 engineering education and human resources programs and

11 activities pursuant to the National Science Foundation

12 Act of 1950, as amended (42 U.S.C. 1861–1875), includ13 ing services as authorized by 5 U.S.C. 3109 and rental

14 of conference rooms in the District of Columbia,

15 $625,500,000, to remain available until September 30,

16 1999: Provided, That to the extent that the amount of

17 this appropriation is less than the total amount authorized

18 to be appropriated for included program activities, all

19 amounts, including floors and ceilings, specified in the au20 thorizing Act for those program activities or their sub21 activities shall be reduced proportionally.

22 SALARIES AND EXPENSES

23 For salaries and expenses necessary in carrying out

24 the National Science Foundation Act of 1950, as amended

25 (42 U.S.C. 1861–1875); services authorized by 5 U.S.C.

26 3109; hire of passenger motor vehicles; not to exceed
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1 $9,000 for official reception and representation expenses;

2 uniforms or allowances therefor, as authorized by 5 U.S.C.

3 5901–5902; rental of conference rooms in the District of

4 Columbia; reimbursement of the General Services Admin5 istration for security guard services and headquarters relo6 cation; $136,950,000: Provided, That contracts may be

7 entered into under ‘‘Salaries and expenses’’ in fiscal year

8 1998 for maintenance and operation of facilities, and for

9 other services, to be provided during the next fiscal year.

10 OFFICE OF INSPECTOR GENERAL

11 For necessary expenses of the Office of Inspector

12 General as authorized by the Inspector General Act of

13 1978, as amended, $4,850,000, to remain available until

14 September 30, 1999.

15 NEIGHBORHOOD REINVESTMENT CORPORATION

16 PAYMENT TO THE NEIGHBORHOOD REINVESTMENT

17 CORPORATION

18 For payment to the Neighborhood Reinvestment Cor19 poration for use in neighborhood reinvestment activities,

20 as authorized by the Neighborhood Reinvestment Corpora21 tion Act (42 U.S.C. 8101–8107), $50,000,000.

22 SELECTIVE SERVICE SYSTEM

23 SALARIES AND EXPENSES

24 For necessary expenses of the Selective Service Sys25 tem, including expenses of attendance at meetings and of

26 training for uniformed personnel assigned to the Selective
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1 Service System, as authorized by 5 U.S.C. 4101–4118 for

2 civilian employees; and not to exceed $1,000 for official

3 reception and representation expenses; $23,413,000: Pro4 vided, That during the current fiscal year, the President

5 may exempt this appropriation from the provisions of 31

6 U.S.C. 1341, whenever he deems such action to be nec7 essary in the interest of national defense: Provided further,

8 That none of the funds appropriated by this Act may be

9 expended for or in connection with the induction of any

10 person into the Armed Forces of the United States.

11 TITLE IV—GENERAL PROVISIONS

12 SEC. 401. Where appropriations in titles I, II, and

13 III of this Act are expendable for travel expenses and no

14 specific limitation has been placed thereon, the expendi15 tures for such travel expenses may not exceed the amounts

16 set forth therefore in the budget estimates submitted for

17 the appropriations: Provided, That this provision does not

18 apply to accounts that do not contain an object classifica19 tion for travel: Provided further, That this section shall

20 not apply to travel performed by uncompensated officials

21 of local boards and appeal boards of the Selective Service

22 System; to travel performed directly in connection with

23 care and treatment of medical beneficiaries of the Depart24 ment of Veterans Affairs; to travel performed in connec25 tion with major disasters or emergencies declared or deter-
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1 mined by the President under the provisions of the Robert

2 T. Stafford Disaster Relief and Emergency Assistance

3 Act; to travel performed by the Offices of Inspector Gen4 eral in connection with audits and investigations; or to

5 payments to interagency motor pools where separately set

6 forth in the budget schedules: Provided further, That if

7 appropriations in titles I, II, and III exceed the amounts

8 set forth in budget estimates initially submitted for such

9 appropriations, the expenditures for travel may cor10 respondingly exceed the amounts therefore set forth in the

11 estimates in the same proportion.

12 SEC. 402. Appropriations and funds available for the

13 administrative expenses of the Department of Housing

14 and Urban Development and the Selective Service System

15 shall be available in the current fiscal year for purchase

16 of uniforms, or allowances therefor, as authorized by 5

17 U.S.C. 5901–5902; hire of passenger motor vehicles; and

18 services as authorized by 5 U.S.C. 3109.

19 SEC. 403. Funds of the Department of Housing and

20 Urban Development subject to the Government Corpora21 tion Control Act or section 402 of the Housing Act of

22 1950 shall be available, without regard to the limitations

23 on administrative expenses, for legal services on a contract

24 or fee basis, and for utilizing and making payment for

25 services and facilities of Federal National Mortgage Asso-
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1 ciation, Government National Mortgage Association, Fed2 eral Home Loan Mortgage Corporation, Federal Financ3 ing Bank, Federal Reserve banks or any member thereof,

4 Federal Home Loan banks, and any insured bank within

5 the meaning of the Federal Deposit Insurance Corporation

6 Act, as amended (12 U.S.C. 1811–1831).

7 SEC. 404. No part of any appropriation contained in

8 this Act shall remain available for obligation beyond the

9 current fiscal year unless expressly so provided herein.

10 SEC. 405. No funds appropriated by this Act may be

11 expended—

12 (1) pursuant to a certification of an officer or

13 employee of the United States unless—

14 (A) such certification is accompanied by,

15 or is part of, a voucher or abstract which de16 scribes the payee or payees and the items or

17 services for which such expenditure is being

18 made, or

19 (B) the expenditure of funds pursuant to

20 such certification, and without such a voucher

21 or abstract, is specifically authorized by law;

22 and

23 (2) unless such expenditure is subject to audit

24 by the General Accounting Office or is specifically

25 exempt by law from such audit.
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1 SEC. 406. None of the funds provided in this Act to

2 any department or agency may be expended for the trans3 portation of any officer or employee of such department

4 or agency between his domicile and his place of employ5 ment, with the exception of any officer or employee au6 thorized such transportation under 31 U.S.C. 1344 or 5

7 U.S.C. 7905.

8 SEC. 407. None of the funds provided in this Act may

9 be used for payment, through grants or contracts, to re10 cipients that do not share in the cost of conducting re11 search resulting from proposals not specifically solicited

12 by the Government: Provided, That the extent of cost

13 sharing by the recipient shall reflect the mutuality of in14 terest of the grantee or contractor and the Government

15 in the research.

16 SEC. 408. None of the funds in this Act may be used,

17 directly or through grants, to pay or to provide reimburse18 ment for payment of the salary of a consultant (whether

19 retained by the Federal Government or a grantee) at more

20 than the daily equivalent of the rate paid for level IV of

21 the Executive Schedule, unless specifically authorized by

22 law.

23 SEC. 409. None of the funds provided in this Act

24 shall be used to pay the expenses of, or otherwise com25 pensate, non-Federal parties intervening in regulatory or
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1 adjudicatory proceedings. Nothing herein affects the au2 thority of the Consumer Product Safety Commission pur3 suant to section 7 of the Consumer Product Safety Act

4 (15 U.S.C. 2056 et seq.).

5 SEC. 410. Except as otherwise provided under exist6 ing law or under an existing Executive Order issued pur7 suant to an existing law, the obligation or expenditure of

8 any appropriation under this Act for contracts for any

9 consulting service shall be limited to contracts which are

10 (1) a matter of public record and available for public in11 spection, and (2) thereafter included in a publicly available

12 list of all contracts entered into within twenty-four months

13 prior to the date on which the list is made available to

14 the public and of all contracts on which performance has

15 not been completed by such date. The list required by the

16 preceding sentence shall be updated quarterly and shall

17 include a narrative description of the work to be per18 formed under each such contract.

19 SEC. 411. Except as otherwise provided by law, no

20 part of any appropriation contained in this Act shall be

21 obligated or expended by any executive agency, as referred

22 to in the Office of Federal Procurement Policy Act (41

23 U.S.C. 401 et seq.), for a contract for services unless such

24 executive agency (1) has awarded and entered into such

25 contract in full compliance with such Act and the regula-
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1 tions promulgated thereunder, and (2) requires any report

2 prepared pursuant to such contract, including plans, eval3 uations, studies, analyses and manuals, and any report

4 prepared by the agency which is substantially derived from

5 or substantially includes any report prepared pursuant to

6 such contract, to contain information concerning (A) the

7 contract pursuant to which the report was prepared, and

8 (B) the contractor who prepared the report pursuant to

9 such contract.

10 SEC. 412. Except as otherwise provided in section

11 406, none of the funds provided in this Act to any depart12 ment or agency shall be obligated or expended to provide

13 a personal cook, chauffeur, or other personal servants to

14 any officer or employee of such department or agency.

15 SEC. 413. None of the funds provided in this Act to

16 any department or agency shall be obligated or expended

17 to procure passenger automobiles as defined in 15 U.S.C.

18 2001 with an EPA estimated miles per gallon average of

19 less than 22 miles per gallon.

20 SEC. 414. None of the funds appropriated in title I

21 of this Act shall be used to enter into any new lease of

22 real property if the estimated annual rental is more than

23 $300,000 unless the Secretary submits, in writing, a re24 port to the Committees on Appropriations of the Congress

25 and a period of 30 days has expired following the date
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1 on which the report is received by the Committees on Ap2 propriations.

3 SEC. 415. (a) It is the sense of the Congress that,

4 to the greatest extent practicable, all equipment and prod5 ucts purchased with funds made available in this Act

6 should be American-made.

7 (b) In providing financial assistance to, or entering

8 into any contract with, any entity using funds made avail9 able in this Act, the head of each Federal agency, to the

10 greatest extent practicable, shall provide to such entity a

11 notice describing the statement made in subsection (a) by

12 the Congress.

13 SEC. 416. None of the funds appropriated in this Act

14 may be used to implement any cap on reimbursements to

15 grantees for indirect costs, except as published in Office

16 of Management and Budget Circular A–21.

17 SEC. 417. Such sums as may be necessary for fiscal

18 year 1998 pay raises for programs funded by this Act shall

19 be absorbed within the levels appropriated in this Act.

20 SEC. 418. None of the funds made available in this

21 Act may be used for any program, project, or activity,

22 when it is made known to the Federal entity or official

23 to which the funds are made available that the program,

24 project, or activity is not in compliance with any Federal
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1 law relating to risk assessment, the protection of private

2 property rights, or unfunded mandates.

3 SEC. 419. Corporations and agencies of the Depart4 ment of Housing and Urban Development which are sub5 ject to the Government Corporation Control Act, as

6 amended, are hereby authorized to make such expendi7 tures, within the limits of funds and borrowing authority

8 available to each such corporation or agency and in accord

9 with law, and to make such contracts and commitments

10 without regard to fiscal year limitations as provided by

11 section 104 of the Act as may be necessary in carrying

12 out the programs set forth in the budget for 1998 for such

13 corporation or agency except as hereinafter provided: Pro14 vided, That collections of these corporations and agencies

15 may be used for new loan or mortgage purchase commit16 ments only to the extent expressly provided for in this Act

17 (unless such loans are in support of other forms of assist18 ance provided for in this or prior appropriations Acts), ex19 cept that this proviso shall not apply to the mortgage in20 surance or guaranty operations of these corporations, or

21 where loans or mortgage purchases are necessary to pro22 tect the financial interest of the United States Govern23 ment.

24 SEC. 420. Notwithstanding section 320(g) of the

25 Federal Water Pollution Control Act (33 U.S.C. 1330(g)),
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1 funds made available pursuant to authorization under

2 such section for fiscal year 1998 and prior fiscal years

3 may be used for implementing comprehensive conservation

4 and management plans.

5 SEC. 421. Such funds as may be necessary to carry

6 out the orderly termination of the Office of Consumer Af7 fairs shall be made available from funds appropriated to

8 the Department of Health and Human Services for fiscal

9 year 1998.

10 AMERICORPS STUDENT LOAN REPAYMENT

11 SEC. 422. Not withstanding any other provision of

12 law, the term ‘‘qualified student loan’’ with respect to na13 tional service education awards shall mean any loan made

14 directly to a student and certified through an institution

15 of higher education as necessary to assist the student in

16 paying the cost of attendance, in addition to other mean17 ings under section 148(b)(7) of the National and Commu18 nity Service Act.

19 This Act may be cited as the ‘‘Departments of Veter20 ans Affairs and Housing and Urban Development, and

21 Independent Agencies Appropriations Act, 1998’’.