II

Calendar No. 414

105TH CONGRESS

2D SESSION S. 2168

[Report No. 105–216]

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, 1999, and for other purposes.

IN THE SENATE OF THE UNITED STATES

JUNE 12, 1998

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, 1999,

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
2

S 2168 PCS

1 Development, and for sundry independent agencies, com2 missions, corporations, and offices for the fiscal year end3 ing September 30, 1999, and for other purposes, namely:

4 TITLE I—DEPARTMENT OF VETERANS AFFAIRS

5 VETERANS BENEFITS ADMINISTRATION

6 COMPENSATION AND PENSIONS

7 (INCLUDING TRANSFERS OF FUNDS)

8 For the payment of compensation benefits to or on

9 behalf of veterans and a pilot program for disability ex10 aminations as authorized by law (38 U.S.C. 107, chapters

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

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

13 chapters 15, 51, 53, 55, and 61; 92 Stat. 2508); and bur14 ial benefits, emergency and other officers’ retirement pay,

15 adjusted-service credits and certificates, payment of pre16 miums due on commercial life insurance policies guaran17 teed under the provisions of Article IV of the Soldiers’

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

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

20 1312, 1977, and 2106, chapters 23, 51, 53, 55, and 61;

21 50 U.S.C. App. 540–548; 43 Stat. 122, 123; 45 Stat. 735;

22 76 Stat. 1198); $21,857,058,000, to remain available

23 until expended: Provided, That not to exceed $24,534,000

24 of the amount appropriated shall be reimbursed to ‘‘Gen25 eral operating expenses’’ and ‘‘Medical care’’ for necessary

26 expenses in implementing those provisions authorized in
3

S 2168 PCS

1 the Omnibus Budget Reconciliation Act of 1990, and in

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

3 51, 53, and 55), the funding source for which is specifi4 cally provided as the ‘‘Compensation and pensions’’ appro5 priation: Provided further, That such sums as may be

6 earned on an actual qualifying patient basis, shall be reim7 bursed to ‘‘Medical facilities revolving fund’’ to augment

8 the funding of individual medical facilities for nursing

9 home care provided to pensioners as authorized.

10 READJUSTMENT BENEFITS

11 For the payment of readjustment and rehabilitation

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

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

14 and 61, $1,175,000,000, to remain available until ex15 pended: Provided, That funds shall be available to pay any

16 court order, court award or any compromise settlement

17 arising from litigation involving the vocational training

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

19 as amended.

20 VETERANS INSURANCE AND INDEMNITIES

21 For military and naval insurance, national service life

22 insurance, servicemen’s indemnities, service-disabled vet23 erans insurance, and veterans mortgage life insurance as

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

25 Stat. 487, $46,450,000, to remain available until ex26 pended.
4

S 2168 PCS

1 VETERANS HOUSING BENEFIT PROGRAM FUND PROGRAM

2 ACCOUNT

3 (INCLUDING TRANSFER OF FUNDS)

4 For the cost of direct and guaranteed loans, such

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

6 authorized by 38 U.S.C. chapter 37, as amended: Pro7 vided, That such costs, including the cost of modifying

8 such loans, shall be as defined in section 502 of the Con9 gressional Budget Act of 1974, as amended: Provided fur10 ther, That during fiscal year 1999, within the resources

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

12 direct loans are authorized for specially adapted housing

13 loans: Provided further, That during 1999 any moneys

14 that would be otherwise deposited into or paid from the

15 Loan Guaranty Revolving Fund, the Guaranty and Indem16 nity Fund, or the Direct Loan Revolving Fund shall be

17 deposited into or paid from the Veterans Housing Benefit

18 Program Fund: Provided further, That any balances in the

19 Loan Guaranty Revolving Fund, the Guaranty and Indem20 nity Fund, or the Direct Loan Revolving Fund on the ef21 fective date of this Act may be transferred to and merged

22 with the Veterans Housing Benefit Program Fund.

23 In addition, for administrative expenses to carry out

24 the direct and guaranteed loan programs, $159,121,000,

25 which may be transferred to and merged with the appro26 priation for ‘‘General operating expenses’’.
5

S 2168 PCS

1 EDUCATION LOAN FUND PROGRAM ACCOUNT

2 (INCLUDING TRANSFER OF FUNDS)

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

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

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

6 as defined in section 502 of the Congressional Budget Act

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

8 are available to subsidize gross obligations for the prin9 cipal amount of direct loans not to exceed $3,000.

10 In addition, for administrative expenses necessary to

11 carry out the direct loan program, $206,000, which may

12 be transferred to and merged with the appropriation for

13 ‘‘General operating expenses’’.

14 VOCATIONAL REHABILITATION LOANS PROGRAM ACCOUNT

15 (INCLUDING TRANSFER OF FUNDS)

16 For the cost of direct loans, $55,000, as authorized

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

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

19 as defined in section 502 of the Congressional Budget Act

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

21 are available to subsidize gross obligations for the prin22 cipal amount of direct loans not to exceed $2,401,000.

23 In addition, for administrative expenses necessary to

24 carry out the direct loan program, $400,000, which may

25 be transferred to and merged with the appropriation for

26 ‘‘General operating expenses’’.
6

S 2168 PCS

1 NATIVE AMERICAN VETERAN HOUSING LOAN PROGRAM

2 ACCOUNT

3 (INCLUDING TRANSFER OF FUNDS)

4 For administrative expenses to carry out the direct

5 loan program authorized by 38 U.S.C. chapter 37, sub6 chapter V, as amended, $515,000, which may be trans7 ferred to and merged with the appropriation for ‘‘General

8 operating expenses’’.

9 VETERANS HEALTH ADMINISTRATION

10 MEDICAL CARE

11 (INCLUDING TRANSFER OF FUNDS)

12 For necessary expenses for the maintenance and op13 eration of hospitals, nursing homes, and domiciliary facili14 ties; for furnishing, as authorized by law, inpatient and

15 outpatient care and treatment to beneficiaries of the De16 partment of Veterans Affairs, including care and treat17 ment in facilities not under the jurisdiction of the Depart18 ment; and furnishing recreational facilities, supplies, and

19 equipment; funeral, burial, and other expenses incidental

20 thereto for beneficiaries receiving care in the Department;

21 administrative expenses in support of planning, design,

22 project management, real property acquisition and disposi23 tion, construction and renovation of any facility under the

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

25 engineering and architectural activities not charged to

26 project cost; repairing, altering, improving or providing fa-
7

S 2168 PCS

1 cilities in the several hospitals and homes under the juris2 diction of the Department, not otherwise provided for, ei3 ther by contract or by the hire of temporary employees

4 and purchase of materials; uniforms or allowances there5 for, as authorized by 5 U.S.C. 5901–5902; aid to State

6 homes as authorized by 38 U.S.C. 1741; administrative

7 and legal expenses of the Department for collecting and

8 recovering amounts owed the Department as authorized

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

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

11 exceed $8,000,000 to fund cost comparison studies as re12 ferred to in 38 U.S.C. 8110(a)(5); $17,250,000,000, plus

13 reimbursements: Provided, That of the funds made avail14 able under this heading, $687,000,000 is for the equip15 ment and land and structures object classifications only,

16 which amount shall not become available for obligation

17 until August 1, 1999, and shall remain available until Sep18 tember 30, 2000.

19 In addition, in conformance with Public Law 105–

20 33 establishing the Department of Veterans Affairs Medi21 cal Care Collections Fund, such sums as may be deposited

22 to such Fund pursuant to 38 U.S.C. 1729A may be trans23 ferred to this account, to remain available until expended

24 for the purposes of this account.
8

S 2168 PCS

1 MEDICAL AND PROSTHETIC RESEARCH

2 For necessary expenses in carrying out programs of

3 medical and prosthetic research and development as au4 thorized by 38 U.S.C. chapter 73, to remain available until

5 September 30, 2000, $310,000,000, plus reimbursements.

6 MEDICAL ADMINISTRATION AND MISCELLANEOUS

7 OPERATING EXPENSES

8 For necessary expenses in the administration of the

9 medical, hospital, nursing home, domiciliary, construction,

10 supply, and research activities, as authorized by law; ad11 ministrative expenses in support of planning, design,

12 project management, architectural, engineering, real prop13 erty acquisition and disposition, construction and renova14 tion of any facility under the jurisdiction or for the use

15 of the Department of Veterans Affairs, including site ac16 quisition; engineering and architectural activities not

17 charged to project cost; and research and development in

18 building construction technology; $60,000,000, plus reim19 bursements.

20 GENERAL POST FUND, NATIONAL HOMES

21 (INCLUDING TRANSFER OF FUNDS)

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

23 by Public Law 102–54, section 8, which shall be trans24 ferred from the ‘‘General post fund’’: Provided, That such

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

26 as defined in section 502 of the Congressional Budget Act
9

S 2168 PCS

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

2 are available to subsidize gross obligations for the prin3 cipal amount of direct loans not to exceed $70,000.

4 In addition, for administrative expenses to carry out

5 the direct loan programs, $54,000, which shall be trans6 ferred from the ‘‘General post fund’’, as authorized by

7 Public Law 102–54, section 8.

8 DEPARTMENTAL ADMINISTRATION

9 GENERAL OPERATING EXPENSES

10 For necessary operating expenses of the Department

11 of Veterans Affairs, not otherwise provided for, including

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

13 official reception and representation expenses; hire of pas14 senger motor vehicles; and reimbursement of the General

15 Services Administration for security guard services, and

16 the Department of Defense for the cost of overseas em17 ployee mail; $854,661,000: Provided, That funds under

18 this heading shall be available to administer the Service

19 Members Occupational Conversion and Training Act.

20 NATIONAL CEMETERY SYSTEM

21 For necessary expenses for the maintenance and op22 eration of the National Cemetery System, not otherwise

23 provided for, including uniforms or allowances therefor;

24 cemeterial expenses as authorized by law; purchase of six

25 passenger motor vehicles for use in cemeterial operations;

26 and hire of passenger motor vehicles, $92,006,000.
10

S 2168 PCS

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, $36,000,000.

5 CONSTRUCTION, MAJOR 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, or for any of the

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

10 8103, 8106, 8108, 8109, 8110, and 8122 of 38 U.S.C.,

11 including planning, architectural and engineering services,

12 maintenance or guarantee period services costs associated

13 with equipment guarantees provided under the project,

14 services of claims analysts, offsite utility and storm drain15 age system construction costs, and site acquisition, where

16 the estimated cost of a project is $4,000,000 or more or

17 where funds for a project were made available in a pre18 vious major project appropriation, $142,300,000, to re19 main available until expended: Provided, That except for

20 advance planning of projects funded through the advance

21 planning fund and the design of projects funded through

22 the design fund, none of these funds shall be used for any

23 project which has not been considered and approved by

24 the Congress in the budgetary process: Provided further,

25 That funds provided in this appropriation for fiscal year

26 1999, for each approved project shall be obligated (1) by
11

S 2168 PCS

1 the awarding of a construction documents contract by

2 September 30, 1999, and (2) by the awarding of a con3 struction contract by September 30, 2000: Provided fur4 ther, That the Secretary shall promptly report in writing

5 to the Committees on Appropriations any approved major

6 construction project in which obligations are not incurred

7 within the time limitations established above: Provided

8 further, That no funds from any other account except the

9 ‘‘Parking revolving fund’’, may be obligated for construct10 ing, altering, extending, or improving a project which was

11 approved in the budget process and funded in this account

12 until one year after substantial completion and beneficial

13 occupancy by the Department of Veterans Affairs of the

14 project or any part thereof with respect to that part only.

15 CONSTRUCTION, MINOR PROJECTS

16 For constructing, altering, extending, and improving

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

18 of the Department of Veterans Affairs, including plan19 ning, architectural and engineering services, maintenance

20 or guarantee period services costs associated with equip21 ment guarantees provided under the project, services of

22 claims analysts, offsite utility and storm drainage system

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

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

25 8103, 8106, 8108, 8109, 8110, and 8122 of 38 U.S.C.,

26 where the estimated cost of a project is less than
12

S 2168 PCS

1 $4,000,000; $175,000,000, to remain available until ex2 pended, along with unobligated balances of previous ‘‘Con3 struction, minor projects’’ appropriations which are hereby

4 made available for any project where the estimated cost

5 is less than $4,000,000: Provided, That funds in this ac6 count shall be available for (1) repairs to any of the non7 medical facilities under the jurisdiction or for the use of

8 the Department which are necessary because of loss or

9 damage caused by any natural disaster or catastrophe,

10 and (2) temporary measures necessary to prevent or to

11 minimize further loss by such causes.

12 PARKING REVOLVING FUND

13 For the parking revolving fund as authorized by 38

14 U.S.C. 8109, income from fees collected, to remain avail15 able until expended, which shall be available for all author16 ized expenses except operations and maintenance costs,

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

18 GRANTS FOR CONSTRUCTION OF STATE EXTENDED CARE

19 FACILITIES

20 For grants to assist States to acquire or construct

21 State nursing home and domiciliary facilities and to re22 model, modify or alter existing hospital, nursing home and

23 domiciliary facilities in State homes, for furnishing care

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

25 $90,000,000, to remain available until expended.
13

S 2168 PCS

1 GRANTS FOR THE CONSTRUCTION OF STATE VETERAN

2 CEMETERIES

3 For grants to aid States in establishing, expanding,

4 or improving State veteran cemeteries as authorized by 38

5 U.S.C. 2408, $10,000,000, to remain available until ex6 pended.

7 ADMINISTRATIVE PROVISIONS

8 (INCLUDING TRANSFER OF FUNDS)

9 SECTION 101. Any appropriation for fiscal year 1999

10 for ‘‘Compensation and pensions’’, ‘‘Readjustment bene11 fits’’, and ‘‘Veterans insurance and indemnities’’ may be

12 transferred to any other of the mentioned appropriations.

13 SEC. 102. Appropriations available to the Depart14 ment of Veterans Affairs for fiscal year 1999 for salaries

15 and expenses shall be available for services authorized by

16 5 U.S.C. 3109.

17 SEC. 103. No appropriations in this Act for the De18 partment of Veterans Affairs (except the appropriations

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

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

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

22 construction of any new hospital or home.

23 SEC. 104. No appropriations in this Act for the De24 partment of Veterans Affairs shall be available for hos25 pitalization or examination of any persons (except bene26 ficiaries entitled under the laws bestowing such benefits
14

S 2168 PCS

1 to veterans, and persons receiving such treatment under

2 5 U.S.C. 7901–7904 or 42 U.S.C. 5141–5204), unless re3 imbursement of cost is made to the ‘‘Medical care’’ ac4 count at such rates as may be fixed by the Secretary of

5 Veterans Affairs.

6 SEC. 105. Appropriations available to the Depart7 ment of Veterans Affairs for fiscal year 1999 for ‘‘Com8 pensation and pensions’’, ‘‘Readjustment benefits’’, and

9 ‘‘Veterans insurance and indemnities’’ shall be available

10 for payment of prior year accrued obligations required to

11 be recorded by law against the corresponding prior year

12 accounts within the last quarter of fiscal year 1998.

13 SEC. 106. Appropriations accounts available to the

14 Department of Veterans Affairs for fiscal year 1999 shall

15 be available to pay prior year obligations of corresponding

16 prior year appropriations accounts resulting from title X

17 of the Competitive Equality Banking Act, Public Law

18 100–86, except that if such obligations are from trust

19 fund accounts they shall be payable from ‘‘Compensation

20 and pensions’’.

21 SEC. 107. Notwithstanding any other provision of

22 law, during fiscal year 1999, the Secretary of Veterans

23 Affairs shall, from the National Service Life Insurance

24 Fund (38 U.S.C. 1920), the Veterans’ Special Life Insur25 ance Fund (38 U.S.C. 1923), and the United States Gov-
15

S 2168 PCS

1 ernment Life Insurance Fund (38 U.S.C. 1955), reim2 burse the ‘‘General operating expenses’’ account for the

3 cost of administration of the insurance programs financed

4 through those accounts: Provided, That reimbursement

5 shall be made only from the surplus earnings accumulated

6 in an insurance program in fiscal year 1999, that are

7 available for dividends in that program after claims have

8 been paid and actuarially determined reserves have been

9 set aside: Provided further, That if the cost of administra10 tion of an insurance program exceeds the amount of sur11 plus earnings accumulated in that program, reimburse12 ment shall be made only to the extent of such surplus

13 earnings: Provided further, That the Secretary shall deter14 mine the cost of administration for fiscal year 1999, which

15 is properly allocable to the provision of each insurance pro16 gram and to the provision of any total disability income

17 insurance included in such insurance program.

18 SEC. 108. In accordance with section 1557 of title

19 31, United States Code, the following obligated balances

20 shall be exempt from subchapter IV of chapter 15 of such

21 title and shall remain available for expenditure without fis22 cal year limitation: (1) funds obligated by the Department

23 of Veterans Affairs for lease numbers 084B–05–94,

24 084B–07–94, and 084B–027–94 from funds made avail25 able in the Departments of Veterans Affairs and Housing
16

S 2168 PCS

1 and Urban Development, and Independent Agencies Ap2 propriations Act, 1994 (Public Law 103–124) under the

3 heading ‘‘Medical care’’; and (2) funds obligated by the

4 Department of Veterans Affairs for lease number 084B–

5 002–96 from funds made available in the Department of

6 Veterans Affairs and Housing and Urban Development,

7 and Independent Agencies Appropriations Act, 1995

8 (Public Law 103–327) under the heading ‘‘Medical care’’.

9 SEC. 109. Beginning in fiscal year 1999, and there10 after, funds available in any Department of Veterans Af11 fairs appropriation or fund for salaries and other adminis12 trative expenses shall also be available to reimburse the

13 Office of Resolution Management and the Office of Em14 ployment Discrimination Complaint Adjudication for all

15 services provided at rates which will recover actual costs.

16 Payments may be made in advance for services to be fur17 nished based on estimated costs. Amounts received shall

18 be credited to the General Operating Expenses account for

19 use by the office that provided the service.

20 TITLE II—DEPARTMENT OF HOUSING AND

21 URBAN DEVELOPMENT

22 PUBLIC AND INDIAN HOUSING

23 HOUSING CERTIFICATE FUND

24 (INCLUDING TRANSFERS AND RESCISSIONS OF FUNDS)

25 For activities and assistance to prevent the involun26 tary displacement of low-income families, the elderly and
17

S 2168 PCS

1 the disabled because of the loss of affordable housing

2 stock, expiration of subsidy contracts (other than con3 tracts for which amounts are provided under another

4 heading in this Act) or expiration of use restrictions, or

5 other changes in housing assistance arrangements, and for

6 other purposes, $10,013,542,030, to remain available until

7 expended: Provided, That of the total amount provided

8 under this heading, $9,540,000,000 shall be for assistance

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

10 1437) for use in connection with expiring or terminating

11 section 8 subsidy contracts, for enhanced vouchers as pro12 vided under the ‘‘Preserving Existing Housing Invest13 ment’’ account in the Departments of Veterans Affairs

14 and Housing and Urban Development, and Independent

15 Agencies Appropriations Act, 1997, (Public Law 104–

16 204), and contracts entered into pursuant to section 441

17 of the Stewart B. McKinney Homeless Assistance Act:

18 Provided further, That the Secretary may determine not

19 to apply section 8(o)(6)(B) of the Act to housing vouchers

20 during fiscal year 1999: Provided further, That of the total

21 amount provided under this heading, $433,542,030 shall

22 be for section 8 rental assistance under the United States

23 Housing Act of 1937 including assistance to relocate resi24 dents of properties (i) that are owned by the Secretary

25 and being disposed of or (ii) that are discontinuing section
18

S 2168 PCS

1 8 project-based assistance; for the conversion of section

2 23 projects to assistance under section 8; for funds to

3 carry out the family unification program; and for the relo4 cation of witnesses in connection with efforts to combat

5 crime in public and assisted housing pursuant to a request

6 from a law enforcement or prosecution agency: Provided

7 further, That of the total amount made available in the

8 preceding proviso, up to $40,000,000 shall be made avail9 able to nonelderly disabled families affected by the des10 ignation of a public housing development under section 7

11 of such Act, the establishment of preferences in accord12 ance with section 651 of the Housing and Community De13 velopment Act of 1992 (42 U.S.C. 1361l), or the restric14 tion of occupancy to elderly families in accordance with

15 section 658 of such Act, and to the extent the Secretary

16 determines that such amount is not needed to fund appli17 cations for such affected families, to other nonelderly dis18 abled families: Provided further, That the amount made

19 available under the fifth proviso under the heading ‘‘Pre20 vention of Resident Displacement’’ in title II of the De21 partments of Veterans Affairs and Housing and Urban

22 Development, and Independent Agencies Appropriations

23 Act, 1997, Public Law 104–204, shall also be made avail24 able to nonelderly disabled families affected by the restric25 tion of occupancy to elderly families in accordance with
19

S 2168 PCS

1 section 658 of the Housing and Community Development

2 Act of 1992: Provided further, That to the extent the Sec3 retary determines that the amount made available under

4 the fifth proviso under the heading ‘‘Prevention of Resi5 dent Displacement’’ in title II of the Departments of Vet6 erans Affairs and Housing and Urban Development, and

7 Independent Agencies Appropriations Act, 1997, Public

8 Law 104–204, is not needed to fund applications for af9 fected families described in the fifth proviso, or in the pre10 ceding proviso under this heading in this Act, the amount

11 not needed shall be made available to other nonelderly dis12 abled families: Provided further, That of the total amount

13 under this heading, $40,000,000 shall be made available

14 on a fair share basis to public housing agencies as section

15 8 assistance for families on waiting lists who agree to par16 ticipate in local self-sufficiency/welfare-to-work initiatives,

17 of which $4,000,000 shall be made available each to public

18 housing agencies for demonstration local self-sufficiency/

19 welfare-to-work initiatives in Los Angeles, California;

20 Cleveland, Ohio; Kansas City, Missouri; Charlotte, North

21 Carolina; Miami/Dade County, Florida; Prince Georges

22 County, Maryland; New York City, New York; and An23 chorage, Alaska: Provided further, That from the sources

24 and in the order hereinafter specified, $1,400,000,000 is

25 rescinded: Provided further, That the first source shall be
20

S 2168 PCS

1 amounts that are available or may be recaptures from

2 project-based contracts for section 8 assistance that ex3 pired or were terminated during fiscal year 1999 or any

4 prior year: Provided further, That after all amounts that

5 are available or may be recaptured from the first source

6 have been exhausted, the second source shall be unobli7 gated amounts from amendments to contracts for project8 based section 8 assistance, other than contracts for

9 projects developed under section 202 of the Housing Act

10 of 1959, other than amounts described as the fourth

11 source, in the fourth proviso in this paragraph, that are

12 carried over into 1999: Provided further, That after all

13 amounts that are available from the second source are ex14 hausted, the third source shall be amounts recaptured

15 from section 8 reserves in the section 8 moderate rehabili16 tation program: Provided further, That after all amounts

17 that are available or may be recaptured from the third

18 source have been exhausted, the fourth source shall be all

19 unobligated amounts for project-based assistance that are

20 earmarked under the third proviso under this heading in

21 Public Law 105–65, 111 Stat. 1351 (approved October

22 27, 1997): Provided further, That any amounts that are

23 available or recaptured in connection with the first or

24 third provisos of this paragraph that are in the Annual

25 Contributions for Assisted Housing account, and are re-
21

S 2168 PCS

1 quired to be rescinded by this paragraph, shall be re2 scinded from the Annual Contributions for Assisted Hous3 ing account.

4 SECTION 8 RESERVE PRESERVATION ACCOUNT

5 The amounts recaptured during fiscal years 1998 and

6 1999 that were heretofore made available to public hous7 ing agencies for tenant-based assistance under the section

8 8 existing housing certificate and housing voucher pro9 grams from the Annual Contributions for Assisted Hous10 ing account shall be collected in the account under this

11 heading, for use as provided for under this heading, as

12 set forth under the Annual Contributions for Assisted

13 Housing heading in chapter 11 of Public Law 105–18, ap14 proved June 12, 1997.

15 PUBLIC HOUSING CAPITAL FUND

16 (INCLUDING TRANSFERS OF FUNDS)

17 For the Public Housing Capital Fund Program for

18 modernization of existing public housing projects as au19 thorized under section 14 of the United States Housing

20 Act of 1937, as amended (42 U.S.C. 1437),

21 $2,550,000,000, to remain available until expended: Pro22 vided, That of the total amount, up to $100,000,000 shall

23 be for carrying out activities under section 6(j) of such

24 Act and technical assistance for the inspection of public

25 housing units, contract expertise, and training and tech26 nical assistance directly or indirectly, under grants, con-
22

S 2168 PCS

1 tracts, or cooperative agreements, to assist in the over2 sight and management of public housing (whether or not

3 the housing is being modernized with assistance under this

4 proviso) or tenant-based assistance, including, but not lim5 ited to, an annual resident survey, data collection and

6 analysis, training and technical assistance by or to officials

7 and employees of the Department and of public housing

8 agencies and to residents in connection with the public

9 housing programs and for lease adjustments to section 23

10 projects: Provided further, That of the amount available

11 under this heading, up to $5,000,000 shall be for the Ten12 ant Opportunity Program: Provided further, That all bal13 ances, as of September 30, 1997, of funds heretofore pro14 vided for section 673 public housing service coordinators

15 shall be transferred to and merged with amounts made

16 available under this heading.

17 PUBLIC HOUSING OPERATING FUND

18 (INCLUDING TRANSFER OF FUNDS)

19 For payments to public housing agencies for operat20 ing subsidies for low-income housing projects as author21 ized by section 9 of the United States Housing Act of

22 1937, as amended (42 U.S.C. 1437g), $2,818,000,000, to

23 remain available until expended.
23

S 2168 PCS

1 DRUG ELIMINATION GRANTS FOR LOW-INCOME HOUSING

2 (INCLUDING TRANSFER OF FUNDS)

3 For grants to public housing agencies and tribally

4 designated housing entities for use in eliminating crime

5 in public housing projects authorized by 42 U.S.C. 11901–

6 11908, for grants for federally assisted low-income hous7 ing authorized by 42 U.S.C. 11909, and for drug informa8 tion clearinghouse services authorized by 42 U.S.C.

9 11921–11925, $310,000,000, to remain available until ex10 pended, of which $10,000,000 shall be for grants, tech11 nical assistance, contracts and other assistance, training,

12 and program assessment and execution for or on behalf

13 of public housing agencies, resident organizations, and In14 dian Tribes and their tribally designated housing entities

15 (including the cost of necessary travel for participants in

16 such training); $10,000,000 shall be used in connection

17 with efforts to combat violent crime in public and assisted

18 housing under the Operation Safe Home Program admin19 istered by the Inspector General of the Department of

20 Housing and Urban Development; $10,000,000 shall be

21 provided to the Office of Inspector General for Operation

22 Safe Home; and $20,000,000 shall be available for a pro23 gram named the New Approach Anti-Drug program which

24 will provide competitive grants to entities managing or op25 erating public housing developments, federally assisted

26 multifamily housing developments, or other multifamily
24

S 2168 PCS

1 housing developments for low-income families supported

2 by non-Federal governmental entities or similar housing

3 developments supported by nonprofit private sources in

4 order to provide or augment security (including personnel

5 costs), to assist in the investigation and/or prosecution of

6 drug related criminal activity in and around such develop7 ments, and to provide assistance for the development of

8 capital improvements at such developments directly relat9 ing to the security of such developments: Provided, That

10 grants for the New Approach Anti-Drug program shall be

11 made on a competitive basis as specified in section 102

12 of the Department of Housing and Urban Development

13 Reform Act of 1989: Provided further, That the term

14 ‘‘drug-related crime’’, as defined in 42 U.S.C. 11905(2),

15 shall also include other types of crime as determined by

16 the Secretary: Provided further, That, notwithstanding

17 section 5130(c) of the Anti-Drug Abuse Act of 1988 (42

18 U.S.C. 11909(c)), the Secretary may determine not to use

19 any such funds to provide public housing youth sports

20 grants.

21 REVITALIZATION OF SEVERELY DISTRESSED PUBLIC

22 HOUSING (HOPE VI)

23 For grants to public housing agencies for assisting

24 in the demolition of obsolete public housing projects or

25 portions thereof, the revitalization (where appropriate) of

26 sites (including remaining public housing units) on which
25

S 2168 PCS

1 such projects are located, replacement housing which will

2 avoid or lessen concentrations of very low-income families,

3 and tenant-based assistance in accordance with section 8

4 of the United States Housing Act of 1937; and for provid5 ing replacement housing and assisting tenants displaced

6 by the demolition, $600,000,000, to remain available until

7 expended, of which the Secretary may use up to

8 $15,000,000 for technical assistance and contract exper9 tise, to be provided directly or indirectly by grants, con10 tracts or cooperative agreements, including training and

11 cost of necessary travel for participants in such training,

12 by or to officials and employees of the Department and

13 of public housing agencies and to residents: Provided,

14 That for purposes of environmental review pursuant to the

15 National Environment Policy Act of 1969, a grant under

16 this head or under prior appropriations Acts for this head

17 shall be treated as assistance under title I of the United

18 States Housing Act of 1937 and shall be subject to regula19 tions issued by the Secretary to implement section 26 of

20 such Act: Provided further, That no funds appropriated

21 under this heading shall be used for any purpose that is

22 not provided for herein, in the United States Housing Act

23 of 1937, in the Appropriations Acts for the Departments

24 of Veterans Affairs and Housing and Urban Development,

25 and Independent Agencies, for the fiscal years 1993,
26

S 2168 PCS

1 1994, 1995, and 1997, and the Omnibus Consolidated Re2 scissions and Appropriations Act of 1996: Provided fur3 ther, That none of such funds shall be used directly or

4 indirectly by granting competitive advantage in awards to

5 settle litigation or pay judgments, unless expressly per6 mitted herein.

7 NATIVE AMERICAN HOUSING BLOCK GRANTS

8 (INCLUDING TRANSFERS OF FUNDS)

9 For the Native American Housing Block Grants pro10 gram, as authorized under title I of the Native American

11 Housing Assistance and Self-Determination Act of 1996

12 (Public Law 104–330), $600,000,000, to remain available

13 until expended, of which $6,000,000 shall be used to sup14 port the inspection of Indian housing units, contract ex15 pertise, training, and technical assistance in the oversight

16 and management of Indian housing and tenant-based as17 sistance, including up to $200,000 for related travel: Pro18 vided, That of the amount provided under this heading,

19 $6,000,000 shall be made available for the cost of guaran20 teed notes and other obligations, as authorized by title VI

21 of the Native American Housing Assistance and Self-De22 termination Act of 1996: Provided further, That such

23 costs, including the costs of modifying such notes and

24 other obligations, shall be as defined in section 502 of the

25 Congressional Budget Act of 1974, as amended: Provided

26 further, That these funds are available to subsidize the
27

S 2168 PCS

1 total principal amount of any notes and other obligations,

2 any part of which is to be guaranteed, not to exceed

3 $217,000,000: Provided further, That the funds made

4 available in the first proviso are for a demonstration on

5 ways to enhance economic growth, to increase access to

6 private capital, and to encourage the investment and par7 ticipation of traditional financial institutions in tribal and

8 other Native American areas.

9 INDIAN HOUSING LOAN GUARANTEE FUND PROGRAM

10 ACCOUNT

11 For the cost of guaranteed loans, as authorized by

12 section 184 of the Housing and Community Development

13 Act of 1992 (106 Stat. 3739), $6,000,000, to remain

14 available until expended: Provided, That such costs, in15 cluding the costs of modifying such loans, shall be as de16 fined in section 502 of the Congressional Budget Act of

17 1974, as amended: Provided further, That these funds are

18 available to subsidize total loan principal, any part of

19 which is to be guaranteed, not to exceed $68,881,000.

20 RURAL HOUSING AND ECONOMIC DEVELOPMENT

21 (INCLUDING TRANSFER OF FUNDS)

22 For an Office of Rural Housing and Economic Devel23 opment to be established in the Office of Housing in the

24 Department of Housing and Urban Development,

25 $35,000,000, to remain available until expended: Pro26 vided, That of the amount under this heading,
28

S 2168 PCS

1 $10,000,000 shall be used to establish a clearinghouse of

2 ideas for innovative strategies for rural housing and eco3 nomic development and revitalization, of which

4 $8,000,000 shall be awarded by June 1, 1999 directly to

5 local rural nonprofits and community development cor6 porations to support capacity building and technical as7 sistance: Provided further, That of the amount under this

8 heading, $5,000,000 shall be awarded by June 1, 1999

9 as seed support for nonprofits and community develop10 ment corporations in states which have limited capacity

11 in rural areas: Provided further, That of the amount under

12 this heading, $20,000,000 shall be awarded by June 1,

13 1999 to state housing finance agencies to support innova14 tive community development initiatives in rural commu15 nities: Provided further, That all grants shall be awarded

16 on a competitive basis as specified in section 102 of the

17 HUD Reform Act: Provided further, That all funds unobli18 gated as of October 1, 1998 under the fifth paragraph

19 of the Community Development Block Grants account in

20 the Departments of Veterans Affairs, and Housing and

21 Urban Development, and Independent Agencies Appro22 priations Act, 1998 (Public Law 105–65; October 27,

23 1997) shall be transferred to this account to be awarded

24 to state housing finance agencies for activities under this
29

S 2168 PCS

1 heading with any outstanding earmarks for a state to be

2 awarded to that state’s housing finance agency.

3 COMMUNITY PLANNING AND DEVELOPMENT

4 HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS

5 For carrying out the Housing Opportunities for Per6 sons with AIDS program, as authorized by the AIDS

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

8 $225,000,000, to remain available until expended: Pro9 vided, That the Secretary may use up to 1 percent of the

10 funds under this heading for technical assistance: Pro11 vided further, That within 30 days of the close of fiscal

12 year 1999, the Secretary shall submit a report to the Con13 gress summarizing all technical assistance provided during

14 the fiscal year.

15 COMMUNITY DEVELOPMENT BLOCK GRANTS

16 (INCLUDING TRANSFERS OF FUNDS)

17 For grants to States and units of general local gov18 ernment and for related expenses, not otherwise provided

19 for, to carry out a community development grants pro20 gram as authorized by title I of the Housing and Commu21 nity Development Act of 1974, as amended (the ‘‘Act’’

22 herein) (42 U.S.C. 5301), $4,750,000,000, to remain

23 available until September 30, 2001: Provided, That

24 $67,000,000 shall be for grants to Indian tribes notwith25 standing section 106(a)(1) of such Act; $3,000,000 shall

26 be available as a grant to the Housing Assistance Council;
30

S 2168 PCS

1 $1,800,000 shall be available as a grant to the National

2 American Indian Housing Council; $32,000,000 shall be

3 for grants pursuant to section 107 of such Act including

4 $10,000,000 for historically black colleges and univer5 sities, including $1,800,000 for Dillard University in New

6 Orleans: Provided further, That all funding decisions

7 under section 107 except as specified herein shall be sub8 ject to approval through a reprogramming letter unless

9 otherwise specified in this bill or the Committee report to

10 this bill (S. 2168): Provided further, That not to exceed

11 20 percent of any grant made with funds appropriated

12 herein (other than a grant made available under the pre13 ceding proviso to the Housing Assistance Council or the

14 National American Indian Housing Council, or a grant

15 using funds under section 107(b)(3) of the Housing and

16 Community Development Act of 1974, as amended) shall

17 be expended for ‘‘Planning and Management Develop18 ment’’ and ‘‘Administration’’ as defined in regulations

19 promulgated by the Department.

20 Of the amount made available under this heading,

21 $25,000,000 shall be made available for ‘‘Capacity Build22 ing for Community Development and Affordable Hous23 ing,’’ as authorized by section 4 of the HUD Demonstra24 tion Act of 1993 (Public Law 103–120), as in effect imme25 diately before June 12, 1997, with not less than
31

S 2168 PCS

1 $10,000,000 of the funding to be used in rural areas, in2 cluding tribal areas.

3 Of the amount provided under this heading, the Sec4 retary of Housing and Urban Development may use up

5 to $55,000,000 for a public and assisted housing self-suf6 ficiency program, of which up to $5,000,000 may be used

7 for the Moving to Work Demonstration, and at least

8 $10,000,000 shall be used for grants for service coordina9 tors and congregate services for the elderly and disabled:

10 Provided, That for self-sufficiency activities, the Secretary

11 may make grants to public housing agencies (including In12 dian tribes and their tribally designated housing entities),

13 nonprofit corporations, and other appropriate entities for

14 a supportive services program to assist residents of public

15 and assisted housing, former residents of such housing re16 ceiving tenant-based assistance under section 8 of such

17 Act (42 U.S.C. 1437f), and other low-income families and

18 individuals: Provided further, That the program shall pro19 vide supportive services, principally for the benefit of pub20 lic housing residents, to the elderly and the disabled, and

21 to families with children where the head of household

22 would benefit from the receipt of supportive services and

23 is working, seeking work, or is preparing for work by par24 ticipating in job training or educational programs: Pro25 vided further, That the supportive services may include
32

S 2168 PCS

1 congregate services for the elderly and disabled, service co2 ordinators, and coordinated education, training, and other

3 supportive services, including academic skills training, job

4 search assistance, assistance related to retaining employ5 ment, vocational and entrepreneurship development and

6 support programs, transportation, and child care: Pro7 vided further, That the Secretary shall require applications

8 to demonstrate firm commitments of funding or services

9 from other sources: Provided further, That the Secretary

10 shall select public and Indian housing agencies to receive

11 assistance under this heading on a competitive basis, tak12 ing into account the quality of the proposed program, in13 cluding any innovative approaches, the extent of the pro14 posed coordination of supportive services, the extent of

15 commitments of funding or services from other sources,

16 the extent to which the proposed program includes reason17 ably achievable, quantifiable goals for measuring perform18 ance under the program over a three-year period, the ex19 tent of success an agency has had in carrying out other

20 comparable initiatives, and other appropriate criteria es21 tablished by the Secretary (except that this proviso shall

22 not apply to renewal of grants for service coordinators and

23 congregate services for the elderly and disabled).

24 Of the amount made available under this heading,

25 notwithstanding any other provision of law, $40,000,000
33

S 2168 PCS

1 shall be available for YouthBuild program activities au2 thorized by subtitle D of title IV of the Cranston-Gonzalez

3 National Affordable Housing Act, as amended, and such

4 activities shall be an eligible activity with respect to any

5 funds made available under this heading. Local

6 YouthBuild programs that demonstrate an ability to lever7 age private and nonprofit funding shall be given a priority

8 for YouthBuild funding.

9 Of the amount made available under this heading,

10 $85,000,000 shall be available for the Economic Develop11 ment Initiative (EDI) to finance a variety of efforts, in12 cluding $67,000,000 for making grants for targeted eco13 nomic investments in accordance with the terms and con14 ditions specified for such grants in the Senate committee

15 report accompanying this Act.

16 Of the amount made available under this heading,

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

18 shall be available for the lead-based paint hazard reduc19 tion program as authorized under sections 1011 and 1053

20 of the Residential Lead-Based Hazard Reduction Act of

21 1992.

22 For the cost of guaranteed loans, $29,000,000, as au23 thorized by section 108 of the Housing and Community

24 Development Act of 1974: Provided, That such costs, in25 cluding the cost of modifying such loans, shall be as de-
34

S 2168 PCS

1 fined in section 502 of the Congressional Budget Act of

2 1974, as amended: Provided further, That these funds are

3 available to subsidize total loan principal, any part of

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

5 notwithstanding any aggregate limitation on outstanding

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

7 and Community Development Act of 1974. In addition,

8 for administrative expenses to carry out the guaranteed

9 loan program, $1,000,000, which shall be transferred to

10 and merged with the appropriation for departmental sala11 ries and expenses.

12 For any fiscal year, of the amounts made available

13 as emergency funds under the heading ‘‘Community De14 velopment Block Grants Fund’’ and notwithstanding any

15 other provision of law, not more than $250,000 may be

16 used for the non-Federal cost-share of projects funded by

17 the Secretary of the Army through the Corps of Engi18 neers.

19 BROWNFIELDS REDEVELOPMENT

20 For Economic Development Grants, as authorized by

21 section 108(q) of the Housing and Community Develop22 ment Act of 1974, as amended, for Brownfields redevelop23 ment projects, $25,000,000, to remain available until ex24 pended: Provided, That the Secretary of Housing and

25 Urban Development shall make these grants available on
35

S 2168 PCS

1 a competitive basis as specified in section 102 of the De2 partment of Housing and Urban Development Reform Act

3 of 1989.

4 HOME INVESTMENT PARTNERSHIPS PROGRAM

5 For the HOME investment partnerships program, as

6 authorized under title II of the Cranston-Gonzalez Na7 tional Affordable Housing Act (Public Law 101–625), as

8 amended, $1,550,000,000, to remain available until ex9 pended: Provided, That up to $7,000,000 of these funds

10 shall be available for the development and operation of in11 tegrated community development management informa12 tion systems: Provided further, That up to $25,000,000

13 of these funds shall be available for Housing Counseling

14 under section 106 of the Housing and Urban Development

15 Act of 1968.

16 HOMELESS ASSISTANCE GRANTS

17 For the emergency shelter grants program (as au18 thorized under subtitle B of title IV of the Stewart B.

19 McKinney Homeless Assistance Act, as amended); the

20 supportive housing program (as authorized under subtitle

21 C of title IV of such Act); the section 8 moderate rehabili22 tation single room occupancy program (as authorized

23 under the United States Housing Act of 1937, as amend24 ed) to assist homeless individuals pursuant to section 441

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

26 the shelter plus care program (as authorized under sub-
36

S 2168 PCS

1 title F of title IV of such Act), $1,000,000,000, to remain

2 available until expended: Provided, That not less than 30

3 percent of these funds shall be used for permanent hous4 ing, and all funding for services must be matched by 25

5 percent in funding by each grantee.

6 HOUSING PROGRAMS

7 HOUSING FOR SPECIAL POPULATIONS

8 (INCLUDING TRANSFERS OF FUNDS)

9 For assistance for the purchase, construction, acqui10 sition, or development of additional public and subsidized

11 housing units for low income families under the United

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

13 1437), not otherwise provided for, $870,000,000, to re14 main available until expended: Provided, That of the total

15 amount provided under this heading, $676,000,000 shall

16 be for capital advances, including amendments to capital

17 advance contracts, for housing for the elderly, as author18 ized by section 202 of the Housing Act of 1959, as amend19 ed, and for project rental assistance, and amendments to

20 contracts for project rental assistance, for the elderly

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

22 for supportive services associated with the housing; and

23 $194,000,000 shall be for capital advances, including

24 amendments to capital advance contracts, for supportive

25 housing for persons with disabilities, as authorized by sec26 tion 811 of the Cranston-Gonzalez National Affordable
37

S 2168 PCS

1 Housing Act, for project rental assistance, for amend2 ments to contracts for project rental assistance, and sup3 portive services associated with the housing for persons

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

5 Provided further, That the Secretary may designate up to

6 25 percent of the amounts earmarked under this para7 graph for section 811 of such Act for tenant-based assist8 ance, as authorized under that section, including such au9 thority as may be waived under the next proviso, which

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

11 the Secretary may waive any provision of section 202 of

12 the Housing Act of 1959 and section 811 of the Cranston13 Gonzalez National Affordable Housing Act (including the

14 provisions governing the terms and conditions of project

15 rental assistance and tenant-based assistance) that the

16 Secretary determines is not necessary to achieve the objec17 tives of these programs, or that otherwise impedes the

18 ability to develop, operate or administer projects assisted

19 under these programs, and may make provision for alter20 native conditions or terms where appropriate.

21 FLEXIBLE SUBSIDY FUND

22 (TRANSFER OF FUNDS)

23 Any collections from the Rental Housing Assistance

24 Fund made during fiscal year 1999 shall be transferred

25 to the Flexible Subsidy Fund, as authorized by section

26 236(g) of the National Housing Act, as amended.
38

S 2168 PCS

1 FEDERAL HOUSING ADMINISTRATION

2 FHA—MUTUAL MORTGAGE INSURANCE PROGRAM

3 ACCOUNT

4 (INCLUDING TRANSFERS OF FUNDS)

5 During fiscal year 1999, commitments to guarantee

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

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

8 principal of $110,000,000,000.

9 During fiscal year 1999, obligations to make direct

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

11 National Housing Act, as amended, shall not exceed

12 $100,000,000: Provided, That the foregoing amount shall

13 be for loans to nonprofit and governmental entities in con14 nection with sales of single family real properties owned

15 by the Secretary and formerly insured under the Mutual

16 Mortgage Insurance Fund.

17 For administrative expenses necessary to carry out

18 the guaranteed and direct loan program, $328,888,000,

19 to be derived from the FHA-mutual mortgage insurance

20 guaranteed loans receipt account, of which not to exceed

21 $324,866,000 shall be transferred to the appropriation for

22 departmental salaries and expenses; and of which not to

23 exceed $4,022,000 shall be transferred to the appropria24 tion for the Office of Inspector General.
39

S 2168 PCS

1 FHA—GENERAL AND SPECIAL RISK PROGRAM ACCOUNT

2 (INCLUDING TRANSFERS OF FUNDS)

3 For the cost of guaranteed loans, as authorized by

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

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

6 guarantee modifications (as that term is defined in section

7 502 of the Congressional Budget Act of 1974, as amend8 ed), $81,000,000, to remain available until expended: Pro9 vided, That these funds are available to subsidize total

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

11 up to $18,100,000,000: Provided further, That any

12 amounts made available in any prior appropriations Act

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

14 the Congressional Budget Act of 1974) of guaranteed

15 loans that are obligations of the funds established under

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

17 not been obligated or that are deobligated shall be avail18 able to the Secretary of Housing and Urban Development

19 in connection with the making of such guarantees and

20 shall remain available until expended, notwithstanding the

21 expiration of any period of availability otherwise applicable

22 to such amounts.

23 Gross obligations for the principal amount of direct

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

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

26 $120,000,000; of which not to exceed $100,000,000 shall
40

S 2168 PCS

1 be for bridge financing in connection with the sale of mul2 tifamily real properties owned by the Secretary and for3 merly insured under such Act; and of which not to exceed

4 $20,000,000 shall be for loans to nonprofit and govern5 mental entities in connection with the sale of single-family

6 real properties owned by the Secretary and formerly in7 sured under such Act.

8 In addition, for administrative expenses necessary to

9 carry out the guaranteed and direct loan programs,

10 $211,455,000, of which $193,134,000, including

11 $25,000,000 for the enforcement of housing standards on

12 FHA-insured multifamily projects, shall be transferred to

13 the appropriation for departmental salaries and expenses;

14 and of which $18,321,000 shall be transferred to the ap15 propriation for the Office of Inspector General.

16 GOVERNMENT NATIONAL MORTGAGE ASSOCIATION

17 GUARANTEES OF MORTGAGE-BACKED SECURITIES LOAN

18 GUARANTEE PROGRAM ACCOUNT

19 (INCLUDING TRANSFER OF FUNDS)

20 During fiscal year 1999, new commitments to issue

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

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

23 shall not exceed $150,000,000,000.

24 For administrative expenses necessary to carry out

25 the guaranteed mortgage-backed securities program,

26 $9,383,000, to be derived from the GNMA-guarantees of
41

S 2168 PCS

1 mortgage-backed securities guaranteed loan receipt ac2 count, of which not to exceed $9,383,000 shall be trans3 ferred to the appropriation for departmental salaries and

4 expenses.

5 POLICY DEVELOPMENT AND RESEARCH

6 RESEARCH AND TECHNOLOGY

7 For contracts, grants, and necessary expenses of pro8 grams of research and studies relating to housing and

9 urban problems, not otherwise provided for, as authorized

10 by title V of the Housing and Urban Development Act

11 of 1970, as amended (12 U.S.C. 1701z–1 et seq.), includ12 ing carrying out the functions of the Secretary under sec13 tion 1(a)(1)(i) of Reorganization Plan No. 2 of 1968,

14 $36,500,000, to remain available until September 30,

15 2000: Provided, That no funds under this heading may

16 be used to fund a demonstration program, except where

17 approval is provided in response to a reprogramming re18 quest.

19 FAIR HOUSING AND EQUAL OPPORTUNITY

20 FAIR HOUSING ACTIVITIES

21 For contracts, grants, and other assistance, not oth22 erwise provided for, as authorized by title VIII of the Civil

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

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

25 and Community Development Act of 1987, as amended,
42

S 2168 PCS

1 $35,000,000, to remain available until September 30,

2 1999, of which $15,000,000 shall be to carry out activities

3 pursuant to such section 561. No funds made available

4 under this heading shall be used to lobby the executive

5 or legislative branches of the Federal government in con6 nection with a specific contract, grant or loan.

7 MANAGEMENT AND ADMINISTRATION

8 SALARIES AND EXPENSES

9 (INCLUDING TRANSFER OF FUNDS)

10 For necessary administrative and non-administrative

11 expenses of the Department of Housing and Urban Devel12 opment, not otherwise provided for, including not to ex13 ceed $7,000 for official reception and representation ex14 penses, $1,000,826,000, of which $518,000,000 shall be

15 provided from the various funds of the Federal Housing

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

17 of the Government National Mortgage Association,

18 $1,000,000 shall be provided from the ‘‘Community Devel19 opment Grants Program’’ account, $200,000 shall be pro20 vided from the ‘‘Title VI Indian Federal Guarantees Pro21 gram’’ account, and $400,000 shall be provided from the

22 ‘‘Indian Housing Loan Guarantee Fund Program’’ ac23 count: Provided, That the Department is prohibited from

24 employing more than 77 schedule C and 20 noncareer

25 Senior Executive Service employees.
43

S 2168 PCS

1 OFFICE OF INSPECTOR GENERAL

2 (INCLUDING TRANSFER OF FUNDS)

3 For necessary expenses of the Office of Inspector

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

5 as amended, $66,850,000, of which $22,343,000 shall be

6 provided from the various funds of the Federal Housing

7 Administration and $10,000,000 shall be transferred from

8 the amount earmarked for Operation Safe Home in the

9 ‘‘Drug Elimination Grants for Low Income Housing’’ ac10 count.

11 OFFICE OF FEDERAL HOUSING ENTERPRISE OVERSIGHT

12 SALARIES AND EXPENSES

13 (INCLUDING TRANSFER OF FUNDS)

14 For carrying out the Federal Housing Enterprise Fi15 nancial Safety and Soundness Act of 1992, $16,000,000,

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

17 Federal Housing Enterprise Oversight Fund: Provided,

18 That not to exceed such amount shall be available from

19 the General Fund of the Treasury to the extent necessary

20 to incur obligations and make expenditures pending the

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

22 the General Fund amount shall be reduced as collections

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

24 appropriation from the General Fund estimated at not

25 more than $0.
44

S 2168 PCS

1 ADMINISTRATIVE PROVISIONS

2 SEC. 201. EXTENDERS. (a) ONE-FOR-ONE REPLACE3 MENT OF PUBLIC HOUSING.—Section 1002(d) of Public

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

5 ‘‘1998’’.

6 (b) STREAMLINING SECTION 8 TENANT-BASED AS7 SISTANCE.—Section 203(d) of the Departments of Veter8 ans Affairs and Housing and Urban Development, and

9 Independent Agencies Appropriations Act, 1996, is

10 amended by striking ‘‘1997, and 1998’’ and inserting

11 ‘‘1997, 1998, and 1999’’.

12 (c) PUBLIC AND ASSISTED HOUSING RENTS, INCOME

13 ADJUSTMENTS AND PREFERENCES.—

14 (1) Section 402(a) of The Balanced Budget

15 Downpayment Act, I is amended by striking ‘‘fiscal

16 years 1997 and 1998’’ and inserting ‘‘fiscal years

17 1997, 1998, and 1999’’.

18 (2) Section 402(f) of The Balanced Budget

19 Downpayment Act, I is amended by striking ‘‘fiscal

20 years 1996, 1997, and 1998’’ and inserting ‘‘fiscal

21 years 1996, 1997, 1998, and 1999’’.

22 SEC. 202. FINANCING ADJUSTMENT FACTORS.—

23 Fifty percent of the amounts of budget authority, or in

24 lieu thereof 50 percent of the cash amounts associated

25 with such budget authority, that are recaptured from
45

S 2168 PCS

1 projects described in section 1012(a) of the Stewart B.

2 McKinney Homeless Assistance Amendments Act of 1988

3 (Public Law 100–628, 102 Stat. 3224, 3268) shall be re4 scinded, or in the case of cash, shall be remitted to the

5 Treasury, and such amounts of budget authority or cash

6 recaptured and not rescinded or remitted to the Treasury

7 shall be used by State housing finance agencies or local

8 governments or local housing agencies with projects ap9 proved by the Secretary of Housing and Urban Develop10 ment for which settlement occurred after January 1,

11 1992, in accordance with such section. Notwithstanding

12 the previous sentence, the Secretary may award up to 15

13 percent of the budget authority or cash recaptured and

14 not rescinded or remitted to the Treasury to provide

15 project owners with incentives to refinance their project

16 at a lower interest rate.

17 SEC. 203. FAIR HOUSING AND FREE SPEECH.—

18 None of the amounts made available under this Act may

19 be used during fiscal year 1998 to investigate or prosecute

20 under the Fair Housing Act any otherwise lawful activity

21 engaged in by one or more persons, including the filing

22 or maintaining of a nonfrivolous legal action, that is en23 gaged in solely for the purpose of achieving or preventing

24 action by a government official or entity, or a court of

25 competent jurisdiction.
46

S 2168 PCS

1 SEC. 204. REQUIREMENT FOR HUD TO MAINTAIN

2 PUBLIC NOTICE AND COMMENT RULEMAKING.—Notwith3 standing any other provision of law, for fiscal year 1998

4 and for all fiscal years thereafter, the Secretary of Hous5 ing and Urban Development shall maintain all current re6 quirements under part 10 of the Department of Housing

7 and Urban Development regulations (24 CFR part 10)

8 with respect to the Department’s policies and procedures

9 for the promulgation and issuance of rules, including the

10 use of public participation in the rulemaking process.

11 SEC. 205. BROWNFIELDS AS ELIGIBLE CDBG AC12 TIVITY.—For fiscal years 1998 and 1999, States and enti13 tlement communities may use funds allocated under the

14 community development block grants program under title

15 I of the Housing and Community Development Act of

16 1974 for environmental cleanup and economic develop17 ment activities related to Brownfields projects in conjunc18 tion with the appropriate environmental regulatory agen19 cies, as if such activities were eligible under section 105(a)

20 of such Act.

21 SEC. 206. ENHANCED DISPOSITION AUTHORITY.—

22 Section 204 of the Departments of Veterans Affairs and

23 Housing and Urban Development, and Independent Agen24 cies Appropriations Act, 1997, is amended by inserting

25 after ‘‘owned by the Secretary’’ the following: ‘‘, including,
47

S 2168 PCS

1 for fiscal years 1998 and 1999, the provision of grants

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

3 1735c) for the necessary costs of rehabilitation or demoli4 tion,’’.

5 SEC. 207. HUD RENT REFORM.—Notwithstanding

6 any other provision of law, the Secretary of Housing and

7 Urban Development may provide tenant-based assistance

8 to eligible tenants of a project insured under either sec9 tions 221(d)(3) or 236 of the National Housing Act in

10 the same manner as if the owner had prepaid the insured

11 mortgage to the extent necessary to minimize any rent in12 creases or to prevent displacement of low-income tenants

13 in accordance with a transaction approved by the Sec14 retary provided that the rents are no higher than the pub15 lished section 8 fair market rents, as of the date of enact16 ment, during the tenants’ occupancy of the property.

17 SEC. 208. HOUSING OPPORTUNITIES FOR PERSONS

18 WITH AIDS GRANTS.—(a) ELIGIBILITY.—Notwithstand19 ing section 854(c)(1)(A) of the AIDS Housing Oppor20 tunity Act (42 U.S.C. 12903(c)(1)(A)), from any amounts

21 made available under this title for fiscal year 1999 that

22 are allocated under such section, the Secretary of Housing

23 and Urban Development shall allocate and make a grant,

24 in the amount determined under subsection (b), for any

25 State that—
48

S 2168 PCS

1 (1) received an allocation for fiscal year 1998

2 under clause (ii) of such section;

3 (2) is not otherwise eligible for an allocation for

4 fiscal year 1999 under such clause (ii) because the

5 State does not have the number of cases of acquired

6 immunodeficiency syndrome required under such

7 clause; and

8 (3) would meet such requirement if the cases in

9 the metropolitan statistical area for any city within

10 the State, which city was not eligible for an alloca11 tion for fiscal year 1998 under clause (i) of such

12 section but is eligible for an allocation for fiscal year

13 1999 under such clause, were considered to be cases

14 outside of metropolitan statistical areas described in

15 clause (i) of such section.

16 (b) AMOUNT.—The amount of the allocation and

17 grant for any State described in subsection (a) shall be

18 the amount that is equal to the lesser of—

19 (1) the difference between—

20 (A) the total amount allocated for such

21 State under section 854(c)(1)(A)(ii) of the

22 AIDS Housing Opportunity Act for fiscal year

23 1997; and

24 (B) the total amount allocated for the city

25 described in subsection (a)(3) of this section
49

S 2168 PCS

1 under section 854(c)(1)(A)(i) of such Act for

2 fiscal year 1998 (from amounts made available

3 under this title); and

4 (2) $300,000.

5 SEC. 209. SECTION 236 PROGRAM REFORM.—Sec6 tion 236(g) of the National Housing Act is amended to

7 read as follows:

8 ‘‘(g) The project owner shall, as required by the Sec9 retary, accumulate, safeguard, and periodically pay the

10 Secretary or such other entity as determined by the Sec11 retary and upon such terms and conditions as the Sec12 retary deems appropriate, all rental charges collected on

13 a unit-by-unit basis in excess of the basic rental charges.

14 Unless otherwise directed by the Secretary, such excess

15 charges shall be credited to a reserve fund to be used by

16 the Secretary to make additional assistance payments as

17 provided in paragraph (3) of subsection (f). Notwithstand18 ing any other requirements of this subsection, a project

19 owner with a mortgage insured under this section or in20 sured under section 207 of this Act pursuant to section

21 223(f) of this Act may retain some or all of such excess

22 charges for project use if authorized by the Secretary and

23 upon such terms and conditions as established by the Sec24 retary.’’.
50

S 2168 PCS

1 SEC. 210. FHA MULTIFAMILY MORTGAGE CREDIT

2 DEMONSTRATIONS.—Section 542 of the Housing and

3 Community Development Act of 1992 is amended—

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

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

6 more than an additional 25,000 units over fiscal

7 year 1999’’, and

8 (2) in the first sentence of subsection (c)(4) in9 serting after ‘‘fiscal year 1997’’ the following: ‘‘and

10 not more than an additional 25,000 units during fis11 cal year 1999’’.

12 SEC. 211. CALCULATION OF DOWNPAYMENT.—Sec13 tion 203(b)(10) of the National Housing Act is amended

14 by—

15 (1) striking out ‘‘Alaska and Hawaii’’ and in16 serting in lieu thereof ‘‘Calculation of Downpay17 ment’’; and

18 (2) striking out in subparagraph (A) ‘‘origi19 nated in the State of Alaska or the State of Hawaii

20 and endorsed for insurance in fiscal years 1997 and

21 1998,’’ and inserting in lieu thereof ‘‘originated and

22 endorsed for insurance in fiscal years 1998, 1999,

23 and 2000’’.

24 SEC. 212. STATE CDBG IDIS FUNDING.—During

25 fiscal year 1999, from amounts received by a State under
51

S 2168 PCS

1 section 106(d)(1) of the Housing and Community Devel2 opment Act of 1974 for distribution in nonentitlement

3 areas, the State may deduct an amount, not to exceed the

4 greater of 0.25 percent of the amount so received or

5 $50,000, for implementation of the integrated disburse6 ment and information system established by the Secretary,

7 in addition to any amounts used for this purpose from

8 amounts retained by the State for administrative expenses

9 under section 106(d)(3)(A).

10 SEC. 213. NURSING HOME LEASE TERMS. (a) TECH11 NICAL CORRECTION.—Section 216 of the Departments of

12 Veterans Affairs and Housing and Urban Development,

13 and Independent Agencies Appropriations Act, 1998, is

14 amended by striking out ‘‘fifty years from the date’’ and

15 inserting in lieu thereof ‘‘fifty years to run from the date’’.

16 (b) EFFECTIVE DATE.—The amendment made by

17 subsection (a) shall be construed to have taken effect on

18 October 27, 1997.

19 SEC. 214. EMPOWERMENT ZONES AS CRITERIA.—

20 The Secretary of Housing and Urban Development is pro21 hibited from using as a grant criteria for any program

22 administered by the Secretary the use of program funds

23 in an empowerment zone or enterprise community.

24 SEC. 215. GRANT ANNOUNCEMENTS.—The Secretary

25 of Housing and Urban Development shall provide all grant
52

S 2168 PCS

1 announcements to the Senate and House Appropriations

2 Subcommittees on VA, HUD, and Independent Agencies

3 at least twenty-four hours before the Department of Hous4 ing and Urban Development publicly or privately makes

5 an announcement of any grant award.

6 SEC. 216. TECHNICAL FOR EMERGENCY CDBG PRO7 GRAM.—For purposes of eligibility for funding under the

8 heading ‘‘Community Development Block Grants’’ in the

9 1998 Supplemental Appropriations and Rescissions Act

10 (Public Law 105–174; May 1, 1998) the term ‘‘states’’

11 shall be deemed to include ‘‘Indian tribes’’ as defined

12 under section 102(a)(17) of the Housing and Community

13 Development Act of 1974 and Guam, the Northern Mari14 ana Islands, the Virgin Islands, and American Samoa:

15 Provided, That amounts made available by this section are

16 designated by the Congress as an emergency requirement

17 pursuant to section 251(b)(2)(A) of the Balanced Budget

18 and Emergency Deficit Control Act of 1985, as amended.

19 SEC. 217. ACCOUNT TRANSITION.—The amount of

20 obligated balances in appropriations accounts, as set forth

21 in title II of the Departments of Veterans Affairs, and

22 Housing and Urban Development, and Independent Agen23 cies Appropriations Act, 1998 and prior Acts that are re24 captured hereafter, to the extent not governed by the spe25 cific language in an account or provision in the Act, shall
53

S 2168 PCS

1 be held in reserve subject to reprogramming, notwith2 standing any other provision of law.

3 SEC. 218. PROHIBITION ON UNIVERSITY FUND4 ING.—The Secretary of Housing and Urban Development

5 is prohibited from paying directly or indirectly any univer6 sity the cost of room and board and tuition for training

7 associated with community builders or any similar pro8 gram.

9 SEC. 219. FHA SINGLE FAMILY MORTGAGE INSUR10 ANCE LIMITS REFORM.—(a) Section 203(b) of the Na11 tional Housing Act is amended by striking out clause (ii)

12 of paragraph (2)(A) and all that follows through ‘‘applica13 ble size;’’ and inserting the following in lieu thereof:

14 ‘‘(ii) 87 percent of the dollar amount

15 limitation determined under section

16 305(a)(2) of the Federal Home Loan

17 Mortgage Corporation Act for a residence

18 of applicable size;

19 except that the applicable dollar amount

20 limitation in effect for any area under this

21 subparagraph may not be less than 48 per22 cent of the dollar limitation determined

23 under section 305(a)(2) of the Federal

24 Home Loan Mortgage Corporation Act for

25 a residence of the applicable size; and’’.
54

S 2168 PCS

1 SEC. 220. USE OF HOME FUNDS FOR PUBLIC HOUS2 ING MODERNIZATION.—Notwithstanding section

3 212(d)(5) of the Cranston-Gonzalez National Affordable

4 Housing Act, amounts made available to the City of Bis5 marck, North Dakota, under subtitle A of title II of the

6 Cranston-Gonzalez National Affordable Housing Act for

7 fiscal year 1998, 1999, 2000, 2001 or 2002, may be used

8 to carry out activities authorized under section 14 of the

9 United States Housing Act of 1937 (42 U.S.C. 14371)

10 for the purpose of modernizing the Crescent Manor public

11 housing project located at 107 East Bowen Avenue, in

12 Bismarck, North Dakota, if—

13 (1) the Burleigh County Housing Authority (or

14 any successor public housing agency that owns or

15 operates the Crescent Manor public housing project)

16 has obligated all other Federal assistance made

17 available to that public housing agency for that fis18 cal year; or

19 (2) the Secretary of Housing and Urban Devel20 opment authorizes the use of those amounts for the

21 purpose of modernizing that public housing project,

22 which authorization may be made with respect to 1

23 or more of those fiscal years.

24 SEC. 221. CDBG AND HOME EXEMPTION.—The City

25 of Oxnard, California may use amounts available to the
55

S 2168 PCS

1 City under title I of the Housing and Community Develop2 ment Act of 1974 and under subtitle A of title II of the

3 Cranston-Gonzalez National Affordable Housing Act) to

4 reimburse the City for its cost in purchasing 19.89 acres

5 of land, more or less, located at the northwest corner of

6 Lombard Street and Camino del Sol in the City, on the

7 north side of the 2100 block of Camino del Sol, for the

8 purpose of providing affordable housing. The procedures

9 set forth in sections 104(g)(2) and (3) of the Housing and

10 Community Development Act of 1974 and sections 288(b)

11 and (c) of the Cranston-Gonzalez National Affordable

12 Housing Act shall not apply to any release of funds for

13 such reimbursement.

14 TITLE III—INDEPENDENT AGENCIES

15 AMERICAN BATTLE MONUMENTS COMMISSION

16 SALARIES AND EXPENSES

17 For necessary expenses, not otherwise provided for,

18 of the American Battle Monuments Commission, including

19 the acquisition of land or interest in land in foreign coun20 tries; purchases and repair of uniforms for caretakers of

21 national cemeteries and monuments outside of the United

22 States and its territories and possessions; rent of office

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

24 replacement only) and hire of passenger motor vehicles;

25 and insurance of official motor vehicles in foreign coun-
56

S 2168 PCS

1 tries, when required by law of such countries;

2 $26,931,000, to remain available until expended: Pro3 vided, That where station allowance has been authorized

4 by the Department of the Army for officers of the Army

5 serving the Army at certain foreign stations, the same al6 lowance shall be authorized for officers of the Armed

7 Forces assigned to the Commission while serving at the

8 same foreign stations, and this appropriation is hereby

9 made available for the payment of such allowance: Pro10 vided further, That when traveling on business of the Com11 mission, officers of the Armed Forces serving as members

12 or as Secretary of the Commission may be reimbursed for

13 expenses as provided for civilian members of the Commis14 sion: Provided further, That the Commission shall reim15 burse other Government agencies, including the Armed

16 Forces, for salary, pay, and allowances of personnel as17 signed to it: Provided further, That $2,500,000 for the res18 toration and renovation of the Liberty Memorial Monu19 ment to World War I located in Kansas City, Missouri.

20 CHEMICAL SAFETY AND HAZARD INVESTIGATION BOARD

21 SALARIES AND EXPENSES

22 For necessary expenses in carrying out activities pur23 suant to section 112(r)(6) of the Clean Air Act, including

24 hire of passenger vehicles, and for services authorized by

25 5 U.S.C. 3109, but at rates for individuals not to exceed
57

S 2168 PCS

1 the per diem equivalent to the maximum rate payable for

2 senior level positions under 5 U.S.C. 5376, $6,500,000:

3 Provided, That the Chemical Safety and Hazard Investiga4 tion Board shall have not more than three career Senior

5 Executive Service positions.

6 DEPARTMENT OF THE TREASURY

7 COMMUNITY DEVELOPMENT FINANCIAL INSTITUTIONS

8 COMMUNITY DEVELOPMENT FINANCIAL INSTITUTIONS

9 FUND PROGRAM ACCOUNT

10 For grants, loans, and technical assistance to qualify11 ing community development lenders, and administrative

12 expenses of the Fund, including services authorized by 5

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

14 the per diem rate equivalent to the rate for ES–3,

15 $55,000,000, to remain available until September 30,

16 2000, of which $12,000,000 may be used for the cost of

17 direct loans, and up to $1,000,000 may be used for admin18 istrative expenses to carry out the direct loan program:

19 Provided, That the cost of direct loans, including the cost

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

21 of the Congressional Budget Act of 1974: Provided fur22 ther, That these funds are available to subsidize gross obli23 gations for the principal amount of direct loans not to ex24 ceed $32,000,000: Provided further, That not more than

25 $25,000,000 of the funds made available under this head-
58

S 2168 PCS

1 ing may be used for programs and activities authorized

2 in section 114 of the Community Development Banking

3 and Financial Institutions Act of 1994.

4 CONSUMER PRODUCT SAFETY COMMISSION

5 SALARIES AND EXPENSES

6 For necessary expenses of the Consumer Product

7 Safety Commission, including hire of passenger motor ve8 hicles, services as authorized by 5 U.S.C. 3109, but at

9 rates for individuals not to exceed the per diem rate equiv10 alent to the maximum rate payable under 5 U.S.C. 5376,

11 purchase of nominal awards to recognize non-Federal offi12 cials’ contributions to Commission activities, and not to

13 exceed $500 for official reception and representation ex14 penses, $46,500,000.

15 CORPORATION FOR NATIONAL AND COMMUNITY SERVICE

16 NATIONAL AND COMMUNITY SERVICE PROGRAMS

17 OPERATING EXPENSES

18 (INCLUDING TRANSFER OF FUNDS)

19 For necessary expenses for the Corporation for Na20 tional and Community Service (referred to in the matter

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

22 programs, activities, and initiatives under the National

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

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

25 et seq.), $425,500,000, to remain available until Septem26 ber 30, 1999: Provided, That not more than $27,000,000
59

S 2168 PCS

1 shall be available for administrative expenses authorized

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

3 12671(a)(4)): Provided further, That not more than

4 $2,500 shall be for official reception and representation

5 expenses: Provided further, That not more than

6 $70,000,000, to remain available without fiscal year limi7 tation, shall be transferred to the National Service Trust

8 account for educational awards authorized under subtitle

9 D of title I of the Act (42 U.S.C. 12601 et seq.), of which

10 not to exceed $5,000,000 shall be available for national

11 service scholarships for high school students performing

12 community service: Provided further, That not more than

13 $227,000,000 of the amount provided under this heading

14 shall be available for grants under the National Service

15 Trust program authorized under subtitle C of title I of

16 the Act (42 U.S.C. 12571 et seq.) (relating to activities

17 including the AmeriCorps program), of which not more

18 than $40,000,000 may be used to administer, reimburse,

19 or support any national service program authorized under

20 section 121(d)(2) of such Act (42 U.S.C. 12581(d)(2)):

21 Provided further, That not more than $5,500,000 of the

22 funds made available under this heading shall be made

23 available for the Points of Light Foundation for activities

24 authorized under title III of the Act (42 U.S.C. 12661

25 et seq.): Provided further, That no funds shall be available
60

S 2168 PCS

1 for national service programs run by Federal agencies au2 thorized under section 121(b) of such Act (42 U.S.C.

3 12571(b)): Provided further, That to the maximum extent

4 feasible, funds appropriated under subtitle C of title I of

5 the Act shall be provided in a manner that is consistent

6 with the recommendations of peer review panels in order

7 to ensure that priority is given to programs that dem8 onstrate quality, innovation, replicability, and sustain9 ability: Provided further, That not more than $18,000,000

10 of the funds made available under this heading shall be

11 available for the Civilian Community Corps authorized

12 under subtitle E of title I of the Act (42 U.S.C. 12611

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

14 $43,000,000 shall be available for school-based and com15 munity-based service-learning programs authorized under

16 subtitle B of title I of the Act (42 U.S.C. 12521 et seq.):

17 Provided further, That not more than $30,000,000 shall

18 be available for quality and innovation activities author19 ized under subtitle H of title I of the Act (42 U.S.C.

20 12853 et seq.): Provided further, That not more than

21 $5,000,000 shall be available for audits and other evalua22 tions authorized under section 179 of the Act (42 U.S.C.

23 12639): Provided further, That to the maximum extent

24 practicable, the Corporation shall increase significantly

25 the level of matching funds and in-kind contributions pro-
61

S 2168 PCS

1 vided by the private sector, shall expand significantly the

2 number of educational awards provided under subtitle D

3 of title I, and shall reduce the total Federal costs per par4 ticipant in all programs.

5 OFFICE OF INSPECTOR GENERAL

6 For necessary expenses of the Office of Inspector

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

8 as amended, $3,000,000.

9 COURT OF VETERANS APPEALS

10 SALARIES AND EXPENSES

11 For necessary expenses for the operation of the

12 United States Court of Veterans Appeals as authorized

13 by 38 U.S.C. sections 7251–7298, $10,000,000, of which

14 $865,000, shall be available for the purpose of providing

15 financial assistance as described, and in accordance with

16 the process and reporting procedures set fourth, under

17 this heading in Public Law 102–229.

18 DEPARTMENT OF DEFENSE—CIVIL

19 CEMETERIAL EXPENSES, ARMY

20 SALARIES AND EXPENSES

21 For necessary expenses, as authorized by law, for

22 maintenance, operation, and improvement of Arlington

23 National Cemetery and Soldiers’ and Airmen’s Home Na24 tional Cemetery, including the purchase of two passenger

25 motor vehicles for replacement only, and not to exceed
62

S 2168 PCS

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

2 $11,666,000, to remain available until expended.

3 ENVIRONMENTAL PROTECTION AGENCY

4 SCIENCE AND TECHNOLOGY

5 (INCLUDING TRANSFER OF FUNDS)

6 For science and technology, including research and

7 development activities, which shall include research and

8 development activities under the Comprehensive Environ9 mental Response, Compensation, and Liability Act of

10 1980 (CERCLA), as amended; necessary expenses for per11 sonnel and related costs and travel expenses, including

12 uniforms, or allowances therefore, as authorized by 5

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

14 3109, but at rates for individuals not to exceed the per

15 diem rate equivalent to the maximum rate payable for sen16 ior level positions under 5 U.S.C. 5376; procurement of

17 laboratory equipment and supplies; other operating ex18 penses in support of research and development; construc19 tion, alteration, repair, rehabilitation, and renovation of

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

21 $643,460,000, which shall remain available until Septem22 ber 30, 2000: Provided, That the obligated balance of such

23 sums shall remain available through September 30, 2007

24 for liquidating obligations made in fiscal years 1999 and

25 2000.
63

S 2168 PCS

1 ENVIRONMENTAL PROGRAMS AND MANAGEMENT

2 For environmental programs and management, in3 cluding necessary expenses, not otherwise provided for, for

4 personnel and related costs and travel expenses, including

5 uniforms, or allowances therefore, as authorized by 5

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

7 3109, but at rates for individuals not to exceed the per

8 diem rate equivalent to the maximum rate payable for sen9 ior level positions under 5 U.S.C. 5376; hire of passenger

10 motor vehicles; hire, maintenance, and operation of air11 craft; purchase of reprints; library memberships in soci12 eties or associations which issue publications to members

13 only or at a price to members lower than to subscribers

14 who are not members; construction, alteration, repair, re15 habilitation, and renovation of facilities, not to exceed

16 $75,000 per project; and not to exceed $6,000 for official

17 reception and representation expenses, $1,840,500,000,

18 which shall remain available until September 30, 2000:

19 Provided, That the obligated balance of such sums shall

20 remain available through September 30, 2007 for liquidat21 ing obligations made in fiscal years 1999 and 2000.

22 OFFICE OF INSPECTOR GENERAL

23 For necessary expenses of the Office of Inspector

24 General in carrying out the provisions of the Inspector

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

26 alteration, repair, rehabilitation, and renovation of facili-
64

S 2168 PCS

1 ties, not to exceed $75,000 per project, $31,154,000, to

2 remain available until September 30, 2000: Provided,

3 That the obligated balance of such sums shall remain

4 available through September 30, 2007 for liquidating obli5 gations made in fiscal years 1999 and 2000.

6 BUILDINGS AND FACILITIES

7 For construction, repair, improvement, extension, al8 teration, and purchase of fixed equipment or facilities of,

9 or for use by, the Environmental Protection Agency,

10 $52,948,000, to remain available until expended.

11 HAZARDOUS SUBSTANCE SUPERFUND

12 (INCLUDING TRANSFER OF FUNDS)

13 For necessary expenses to carry out the Comprehen14 sive Environmental Response, Compensation, and Liabil15 ity Act of 1980 (CERCLA), as amended, including sec16 tions 111 (c)(3), (c)(5), (c)(6), and (e)(4) (42 U.S.C.

17 9611), and for construction, alteration, repair, rehabilita18 tion, and renovation of facilities, not to exceed $75,000

19 per project; not to exceed $1,500,000,000 (of which

20 $100,000,000 shall not become available until September

21 1, 1999), to remain available until expended, consisting

22 of $1,250,000,000, as authorized by section 517(a) of the

23 Superfund Amendments and Reauthorization Act of 1986

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

25 $250,000,000 as a payment from general revenues to the

26 Hazardous Substance Superfund as authorized by section
65

S 2168 PCS

1 517(b) of SARA, as amended by Public Law 101–508:

2 Provided, That funds appropriated under this heading

3 may be allocated to other Federal agencies in accordance

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

5 $12,237,300 of the funds appropriated under this heading

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

7 appropriation to remain available until September 30,

8 2000: Provided further, That notwithstanding section

9 111(m) of CERCLA or any other provision of law,

10 $74,000,000 of the funds appropriated under this heading

11 shall be available to the Agency for Toxic Substances and

12 Disease Registry to carry out activities described in sec13 tions 104(i), 111(c)(4), and 111(c)(14) of CERCLA and

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

15 $40,200,000 of the funds appropriated under this heading

16 shall be transferred to the ‘‘Science and Technology’’ ap17 propriation to remain available until September 30, 2000:

18 Provided further, That none of the funds appropriated

19 under this heading shall be used for Brownfields revolving

20 loan funds unless specifically authorized by subsequent

21 legislation: Provided further, That none of the funds ap22 propriated under this heading shall be available for the

23 Agency for Toxic Substances and Disease Registry to

24 issue in excess of 40 toxicological profiles pursuant to sec25 tion 104(i) of CERCLA during fiscal year 1998.
66

S 2168 PCS

1 LEAKING UNDERGROUND STORAGE TANK PROGRAM

2 (INCLUDING TRANSFER OF FUNDS)

3 For necessary expenses to carry out leaking under4 ground storage tank cleanup activities authorized by sec5 tion 205 of the Superfund Amendments and Reauthoriza6 tion Act of 1986, and for construction, alteration, repair,

7 rehabilitation, and renovation of facilities, not to exceed

8 $75,000 per project, $75,000,000, to remain available

9 until expended: Provided, That hereafter, the Adminis10 trator is authorized to enter into assistance agreements

11 with Federally recognized Indian tribes on such terms and

12 conditions as she deems appropriate for the same purposes

13 as are set forth in section 9003(h)(7) of RCRA.

14 OIL SPILL RESPONSE

15 (INCLUDING TRANSFER OF FUNDS)

16 For expenses necessary to carry out the Environ17 mental Protection Agency’s responsibilities under the Oil

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

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

20 until expended.

21 STATE AND TRIBAL ASSISTANCE GRANTS

22 For environmental programs and infrastructure as23 sistance, including capitalization grants for State revolv24 ing funds and performance partnership grants,

25 $3,255,000,000, to remain available until expended, of

26 which $1,400,000,000 shall be for making capitalization
67

S 2168 PCS

1 grants for the Clean Water State Revolving Funds under

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

3 amended, and $800,000,000 shall be for capitalization

4 grants for the Drinking Water State Revolving Funds

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

6 amended; $75,000,000 for architectural, engineering,

7 planning, design, construction and related activities in

8 connection with the construction of high priority water

9 and wastewater facilities in the area of the United States10 Mexico Border, after consultation with the appropriate

11 border commission; $30,000,000 for grants to the State

12 of Alaska to address drinking water and wastewater infra13 structure needs of rural and Alaska Native Villages;

14 $100,000,000 for making grants for the construction of

15 wastewater and water treatment facilities and ground16 water protection infrastructure in accordance with the

17 terms and conditions specified for such grants in the Com18 mittee report (S. Rept. 105–216) accompanying this Act

19 (S. 2168); and $850,000,000 for grants, including associ20 ated program support costs, to States, federally recognized

21 tribes, interstate agencies, tribal consortia, and air pollu22 tion control agencies for multi-media or single media pol23 lution prevention, control and abatement and related ac24 tivities, including activities pursuant to the provisions set

25 forth under this heading in Public Law 104–134, and for
68

S 2168 PCS

1 making grants under section 103 of the Clean Air Act for

2 particulate matter monitoring and data collection activi3 ties: Provided, That, consistent with section 1452(g) of the

4 Safe Drinking Water Act (42 U.S.C. 300j–12(g)), section

5 302 of the Safe Drinking Water Act Amendments of 1996

6 (Public Law 104–182) and the accompanying joint ex7 planatory statement of the committee on conference (H.

8 Rept. No. 104–741 to accompany S. 1316, the Safe

9 Drinking Water Act Amendments of 1996), and notwith10 standing any other provision of law, beginning in fiscal

11 year 1999 and thereafter, States may combine the assets

12 of State Revolving Funds (SRFs) established under sec13 tion 1452 of the Safe Drinking Water Act, as amended,

14 and title VI of the Federal Water Pollution Control Act,

15 as amended, as security for bond issues to enhance the

16 lending capacity of one or both SRFs, but not to acquire

17 the state match for either program, provided that revenues

18 from the bonds are allocated to the purposes of the Safe

19 Drinking Water Act and the Federal Water Pollution Con20 trol Act in the same portion as the funds are used as secu21 rity for the bonds: Provided further, That, notwithstanding

22 the matching requirement in Public Law 104–204 for

23 funds appropriated under this heading for grants to the

24 State of Texas for improving wastewater treatment for the

25 Colonias, such funds that remain unobligated may also be
69

S 2168 PCS

1 used for improving water treatment for the Colonias, and

2 shall be matched by State funds from State resources

3 equal to 20 percent of such unobligated funds: Provided

4 further, That, hereafter the Administrator is authorized to

5 enter into assistance agreements with Federally recog6 nized Indian tribes on such terms and conditions as she

7 deems appropriate for the development and implementa8 tion of programs to manage hazardous waste, and under9 ground storage tanks: Provided further, That beginning in

10 fiscal year 1999 and thereafter, pesticide program imple11 mentation grants under section 23(a)(1) of the Federal

12 Insecticide, Fungicide and Rodenticide Act, as amended,

13 shall be available for pesticide program development and

14 implementation, including enforcement and compliance ac15 tivities.

16 ADMINISTRATIVE PROVISION

17 None of the funding provided under this Act may be

18 used by the Environmental Protection Agency to issue any

19 notification, or enter into, implement or approve agree20 ments that enable the export of government owned ships

21 to be dismantled in foreign countries unless the Adminis22 trator of the Environmental Protection Agency certifies to

23 the Congress that the environmental standards imposed

24 by law and enforced in the country in which the vessel

25 is to be dismantled or scrapped are comparable to the en-
70

S 2168 PCS

1 vironmental standards imposed and enforced under United

2 States law.

3 EXECUTIVE OFFICE OF THE PRESIDENT

4 OFFICE OF SCIENCE AND TECHNOLOGY POLICY

5 For necessary expenses of the Office of Science and

6 Technology Policy, in carrying out the purposes of the Na7 tional Science and Technology Policy, Organization, and

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

9 of passenger motor vehicles, and services as authorized by

10 5 U.S.C. 3109, not to exceed $2,500 for official reception

11 and representation expenses, and rental of conference

12 rooms in the District of Columbia, $5,026,000.

13 COUNCIL ON ENVIRONMENTAL QUALITY AND OFFICE OF

14 ENVIRONMENTAL QUALITY

15 For necessary expenses to continue functions as16 signed to the Council on Environmental Quality and Office

17 of Environmental Quality pursuant to the National Envi18 ronmental Policy Act of 1969, the Environmental Quality

19 Improvement Act of 1970, and Reorganization Plan No.

20 1 of 1977, $2,575,000: Provided, That, notwithstanding

21 any other provision of law, no funds other than those ap22 propriated under this heading, shall be used for or by the

23 Council on Environmental Quality and Office of Environ24 mental Quality: Provided further, That notwithstanding

25 section 202 of the National Environmental Policy Act of

26 1970, the Council shall consist of one member, appointed
71

S 2168 PCS

1 by the President, by and with the advice and consent of

2 the Senate, serving as Chairman and exercising all powers,

3 functions, and duties of the Council.

4 FEDERAL DEPOSIT INSURANCE CORPORATION

5 OFFICE OF INSPECTOR GENERAL

6 (INCLUDING TRANSFER OF FUNDS)

7 For necessary expenses of the Office of Inspector

8 General in carrying out the provisions of the Inspector

9 General Act of 1978, as amended, $34,666,000, to be de10 rived from the Bank Insurance Fund, the Savings Asso11 ciation Insurance Fund, and the FSLIC Resolution Fund.

12 FEDERAL EMERGENCY MANAGEMENT AGENCY

13 DISASTER RELIEF

14 For necessary expenses in carrying out the Robert

15 T. Stafford Disaster Relief and Emergency Assistance Act

16 (42 U.S.C. 5121 et seq.), $846,000,000, and, notwith17 standing 42 U.S.C. 5203, to remain available until ex18 pended.

19 DISASTER ASSISTANCE DIRECT LOAN PROGRAM ACCOUNT

20 For the cost of direct loans, $1,355,000, as author21 ized by section 319 of the Robert T. Stafford Disaster Re22 lief and Emergency Assistance Act: Provided, That such

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

24 as defined in section 502 of the Congressional Budget Act

25 of 1974, as amended: Provided further, That these funds
72

S 2168 PCS

1 are available to subsidize gross obligations for the prin2 cipal amount of direct loans not to exceed $25,000,000.

3 In addition, for administrative expenses to carry out

4 the direct loan program, $440,000.

5 SALARIES AND EXPENSES

6 For necessary expenses, not otherwise provided for,

7 including hire and purchase of motor vehicles as author8 ized by 31 U.S.C. 1343; uniforms, or allowances therefor,

9 as authorized by 5 U.S.C. 5901–5902; services as author10 ized by 5 U.S.C. 3109, but at rates for individuals not

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

12 18; expenses of attendance of cooperating officials and in13 dividuals at meetings concerned with the work of emer14 gency preparedness; transportation in connection with the

15 continuity of Government programs to the same extent

16 and in the same manner as permitted the Secretary of

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

18 exceed $2,500 for official reception and representation ex19 penses, $170,000,000.

20 OFFICE OF INSPECTOR GENERAL

21 For necessary expenses of the Office of Inspector

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

23 as amended, $5,400,000.

24 EMERGENCY MANAGEMENT PLANNING AND ASSISTANCE

25 For necessary expenses, not otherwise provided for,

26 to carry out activities under the National Flood Insurance
73

S 2168 PCS

1 Act of 1968, as amended, and the Flood Disaster Protec2 tion Act of 1973, as amended (42 U.S.C. 4001 et seq.),

3 the Robert T. Stafford Disaster Relief and Emergency As4 sistance Act (42 U.S.C. 5121 et seq.), the Earthquake

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

6 7701 et seq.), the Federal Fire Prevention and Control

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

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

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

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

11 and Reorganization Plan No. 3 of 1978, $231,000,000:

12 Provided, That for purposes of pre-disaster mitigation

13 pursuant to 42 U.S.C. 5131 (b) and (c) and 42 U.S.C.

14 5196 (e) and (i), $25,000,000 of the funds made available

15 under this heading shall be available until expended for

16 project grants.

17 EMERGENCY FOOD AND SHELTER PROGRAM

18 To carry out an emergency food and shelter program

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

20 $100,000,000: Provided, That total administrative costs

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

22 appropriation.

23 RADIOLOGICAL EMERGENCY PREPAREDNESS FUND

24 There is hereby established in the Treasury a Radio25 logical Emergency Preparedness Fund, which shall be

26 available under the Atomic Energy Act of 1954, as amend-
74

S 2168 PCS

1 ed, and Executive Order 12657, for offsite radiological

2 emergency planning, preparedness, and response. Begin3 ning in fiscal year 1999 and thereafter, the Director of

4 the Federal Emergency Management Agency (FEMA)

5 shall promulgate through rulemaking fees to be assessed

6 and collected, applicable to persons subject to FEMA’s ra7 diological emergency preparedness regulations. The aggre8 gate charges assessed pursuant to this section during fis9 cal year 1999 shall not be less than 100 percent of the

10 amounts anticipated by FEMA necessary for its radiologi11 cal emergency preparedness program for such fiscal year.

12 The methodology for assessment and collection of fees

13 shall be fair and equitable; and shall reflect costs of pro14 viding such services, including administrative costs of col15 lecting such fees. Fees received pursuant to this section

16 shall be deposited in the Fund as offsetting collections and

17 will become available for authorized purposes on October

18 1, 1999, and remain available until expended.

19 For necessary expenses of the Fund for fiscal year

20 1999, $12,849,000, to remain available until expended.

21 NATIONAL FLOOD INSURANCE FUND

22 (INCLUDING TRANSFER OF FUNDS)

23 For activities under the National Flood Insurance

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

25 as amended, not to exceed $22,685,000 for salaries and

26 expenses associated with flood mitigation and flood insur-
75

S 2168 PCS

1 ance operations, and not to exceed $78,464,000 for flood

2 mitigation, including up to $20,000,000 for expenses

3 under section 1366 of the National Flood Insurance Act,

4 which amount shall be available for transfer to the Na5 tional Flood Mitigation Fund until September 30, 2000.

6 In fiscal year 1999, no funds in excess of (1) $47,000,000

7 for operating expenses, (2) $343,989,000 for agents’ com8 missions and taxes, and (3) $60,000,000 for interest on

9 Treasury borrowings shall be available from the National

10 Flood Insurance Fund without prior notice to the Commit11 tees on Appropriations. For fiscal year 1999, flood insur12 ance rates shall not exceed the level authorized by the Na13 tional Flood Insurance Reform Act of 1994.

14 Section 1309(a)(2) of the National Flood Insurance

15 Act (42 U.S.C. 4016(a)(2)), as amended by Public Law

16 104–208, is further amended by striking ‘‘1998’’ and in17 serting ‘‘1999’’.

18 Section 1319 of the National Flood Insurance Act of

19 1968, as amended (42 U.S.C. 4026), is amended by strik20 ing ‘‘September 30, 1998’’ and inserting ‘‘September 30,

21 1999’’.

22 Section 1336 of the National Flood Insurance Act of

23 1968, as amended (42 U.S.C. 4056), is amended by strik24 ing ‘‘September 30, 1998’’ and inserting ‘‘September 30,

25 1999’’.
76

S 2168 PCS

1 The first sentence of section 1376(c) of the National

2 Flood Insurance Act of 1968, as amended (42 U.S.C.

3 4127(c)), is amended by striking ‘‘September 30, 1998’’

4 and inserting ‘‘September 30, 1999’’.

5 GENERAL SERVICES ADMINISTRATION

6 CONSUMER INFORMATION CENTER FUND

7 For necessary expenses of the Consumer Information

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

9 $2,419,000, to be deposited into the Consumer Informa10 tion Center Fund: Provided, That the appropriations, rev11 enues and collections deposited into the fund shall be

12 available for necessary expenses of Consumer Information

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

14 Appropriations, revenues, and collections accruing to this

15 fund during fiscal year 1999 in excess of $7,500,000 shall

16 remain in the fund and shall not be available for expendi17 ture except as authorized in appropriations Acts.

18 NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

19 INTERNATIONAL SPACE STATION

20 (INCLUDING TRANSFER OF FUNDS)

21 For necessary expenses, not otherwise provided for,

22 in support of the International Space Station, including

23 development, operations and research support; 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-
77

S 2168 PCS

1 ized by law; and purchase, lease, charter, maintenance and

2 operation of mission and administrative aircraft,

3 $2,300,000,000, to remain available until September 30,

4 2000.

5 LAUNCH VEHICLES AND PAYLOAD OPERATIONS

6 For necessary expenses, not otherwise provided for,

7 in the conduct and support of the space shuttle program,

8 including safety and performance upgrades, space shuttle

9 operations, and payload utilization and operations, and

10 services; maintenance; construction of facilities including

11 repair, rehabilitation, and modification of real and per12 sonal property, and acquisition or condemnation of real

13 property, as authorized by law; space flight, spacecraft

14 control and communications activities including oper15 ations, production, and services; and purchase, lease, char16 ter, maintenance and operation of mission and administra17 tive aircraft, $3,241,000,000, to remain available until

18 September 30, 2000: Provided, That none of the funds

19 provided under this heading may be utilized to support

20 the development or operations of the International Space

21 Station other than costs of space shuttle flights utilized

22 for space station assembly.

23 SCIENCE AND TECHNOLOGY

24 For necessary expenses, not otherwise provided for,

25 in the conduct and support of space science, earth science,

26 life and microgravity science, and academic programs, in-
78

S 2168 PCS

1 cluding research, development, operations, and services;

2 maintenance; construction of facilities including repair, re3 habilitation, and modification of real and personal prop4 erty, and acquisition or condemnation of real property, as

5 authorized by law; space flight, spacecraft control and

6 communications activities including operations, produc7 tion, and services; and purchase, lease, charter, mainte8 nance and operation of mission and administrative air9 craft, $4,257,400,000, to remain available until Septem10 ber 30, 2000: Provided, That none of the funds provided

11 under this heading may be utilized to support the develop12 ment or operations of the International Space Station.

13 AERONAUTICS, SPACE TRANSPORTATION AND

14 TECHNOLOGY

15 For necessary expenses, not otherwise provided for,

16 in the conduct and support of aeronautics, space transpor17 tation, and technology research and development activi18 ties, including research, development, operations, and

19 services; maintenance; construction of facilities including

20 repair, rehabilitation, and modification of real and per21 sonal property, and acquisition or condemnation of real

22 property, as authorized by law; and purchase, lease, char23 ter, maintenance and operation of mission and administra24 tive aircraft, $1,305,000,000, to remain available until

25 September 30, 2000: Provided, That none of the funds

26 provided under this heading may be utilized to support
79

S 2168 PCS

1 the development or operations of the International Space

2 Station.

3 MISSION SUPPORT

4 For necessary expenses, not otherwise provided for,

5 in carrying out mission support for international space

6 station, space shuttle, science and technology, aeronautics,

7 space transportation and technology programs, including

8 research operations and support; space communications

9 activities including operations, production, and services;

10 maintenance; construction of facilities including repair, re11 habilitation, and modification of facilities, minor construc12 tion of new facilities and additions to existing facilities,

13 facility planning and design, environmental compliance

14 and restoration, and acquisition or condemnation of real

15 property, as authorized by law; program management;

16 personnel and related costs, including uniforms or allow17 ances therefor, as authorized by 5 U.S.C. 5901–5902;

18 travel expenses; purchase, lease, charter, maintenance,

19 and operation of mission and administrative aircraft; not

20 to exceed $35,000 for official reception and representation

21 expenses; and purchase (not to exceed 33 for replacement

22 only) and hire of passenger motor vehicles;

23 $2,491,600,000, to remain available until September 30,

24 2000: Provided, That none of the funds provided under

25 this heading may be utilized to support the development

26 or operations of the International Space Station.
80

S 2168 PCS

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, $20,000,000.

5 ADMINISTRATIVE PROVISIONS

6 Notwithstanding the limitation on the availability of

7 funds appropriated for ‘‘International Space Station’’,

8 ‘‘Launch Vehicles and Payload Operations’’, ‘‘Science and

9 Technology’’, ‘‘Aeronautics, Space Transportation and

10 Technology’’, or ‘‘Mission Support’’ by this appropriations

11 Act, when any activity has been initiated by the incurrence

12 of obligations for construction of facilities as authorized

13 by law, such amount available for such activity shall re14 main available until expended. This provision does not

15 apply to the amounts appropriated in ‘‘Mission support’’

16 pursuant to the authorization for repair, rehabilitation

17 and modification of facilities, minor construction of new

18 facilities and additions to existing facilities, and facility

19 planning and design.

20 Notwithstanding the limitation on the availability of

21 funds appropriated for ‘‘International Space Station’’,

22 ‘‘Launch Vehicles and Payload Operations’’, ‘‘Science and

23 Technology’’, ‘‘Aeronautics, Space Transportation and

24 Technology’’, or ‘‘Mission Support’’ by this appropriations

25 Act, the amounts appropriated for construction of facili26 ties shall remain available until September 30, 2001.
81

S 2168 PCS

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, 1999 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 1999, gross obligations of the Cen13 tral Liquidity Facility for the principal amount of new di14 rect 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 1999 shall not exceed $176,000: Pro19 vided further, That $1,000,000, together with amounts of

20 principal and interest on loans repaid, to be available until

21 expended, is available for loans to community development

22 credit unions.
82

S 2168 PCS

1 NATIONAL SCIENCE FOUNDATION

2 RESEARCH AND RELATED ACTIVITIES

3 For necessary expenses in carrying out the National

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

5 1861–1875), and the Act to establish a National Medal

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

7 by 5 U.S.C. 3109; maintenance and operation of aircraft

8 and purchase of flight services for research support; acqui9 sition of aircraft; $2,725,000,000, of which not to exceed

10 $228,530,000 shall remain available until expended for

11 Polar research and operations support, and for reimburse12 ment to other Federal agencies for operational and science

13 support and logistical and other related activities for the

14 United States Antarctic program; the balance to remain

15 available until September 30, 2000: Provided, That re16 ceipts for scientific support services and materials fur17 nished by the National Research Centers and other Na18 tional Science Foundation supported research facilities

19 may be credited to this appropriation: Provided further,

20 That to the extent that the amount appropriated is less

21 than the total amount authorized to be appropriated for

22 included program activities, all amounts, including floors

23 and ceilings, specified in the authorizing Act for those pro24 gram activities or their subactivities shall be reduced pro25 portionally: Provided further, That $50,000,000 of the
83

S 2168 PCS

1 funds available under this heading shall be made available

2 for a comprehensive research initiative on plant genomes

3 for economically significant crop.

4 MAJOR RESEARCH EQUIPMENT

5 For necessary expenses of major construction

6 projects pursuant to the National Science Foundation Act

7 of 1950, as amended, $94,000,000, to remain available

8 until expended.

9 EDUCATION AND HUMAN RESOURCES

10 For necessary expenses in carrying out science and

11 engineering education and human resources programs and

12 activities pursuant to the National Science Foundation

13 Act of 1950, as amended (42 U.S.C. 1861–1875), includ14 ing services as authorized by 5 U.S.C. 3109 and rental

15 of conference rooms in the District of Columbia,

16 $683,000,000, to remain available until September 30,

17 2000: Provided, That to the extent that the amount of

18 this appropriation is less than the total amount authorized

19 to be appropriated for included program activities, all

20 amounts, including floors and ceilings, specified in the au21 thorizing Act for those program activities or their sub22 activities shall be reduced proportionally.

23 SALARIES AND EXPENSES

24 For salaries and expenses necessary in carrying out

25 the National Science Foundation Act of 1950, as amended

26 (42 U.S.C. 1861–1875); services authorized by 5 U.S.C.
84

S 2168 PCS

1 3109; hire of passenger motor vehicles; not to exceed

2 $9,000 for official reception and representation expenses;

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

4 5901–5902; rental of conference rooms in the District of

5 Columbia; reimbursement of the General Services Admin6 istration for security guard services and headquarters relo7 cation; $136,950,000: Provided, That contracts may be

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

9 1999 for maintenance and operation of facilities, and for

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

11 OFFICE OF INSPECTOR GENERAL

12 For necessary expenses of the Office of Inspector

13 General as authorized by the Inspector General Act of

14 1978, as amended, $5,200,000, to remain available until

15 September 30, 2000.

16 NEIGHBORHOOD REINVESTMENT CORPORATION

17 PAYMENT TO THE NEIGHBORHOOD REINVESTMENT

18 CORPORATION

19 For payment to the Neighborhood Reinvestment Cor20 poration for use in neighborhood reinvestment activities,

21 as authorized by the Neighborhood Reinvestment Corpora22 tion Act (42 U.S.C. 8101–8107), $60,000,000.

23 SELECTIVE SERVICE SYSTEM

24 SALARIES AND EXPENSES

25 For necessary expenses of the Selective Service Sys26 tem, including expenses of attendance at meetings and of
85

S 2168 PCS

1 training for uniformed personnel assigned to the Selective

2 Service System, as authorized by 5 U.S.C. 4101–4118 for

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

4 reception and representation expenses; $24,940,000: Pro5 vided, That during the current fiscal year, the President

6 may exempt this appropriation from the provisions of 31

7 U.S.C. 1341, whenever he deems such action to be nec8 essary in the interest of national defense: Provided further,

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

10 expended for or in connection with the induction of any

11 person into the Armed Forces of the United States.

12 TITLE IV—GENERAL PROVISIONS

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

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

15 specific limitation has been placed thereon, the expendi16 tures for such travel expenses may not exceed the amounts

17 set forth therefore in the budget estimates submitted for

18 the appropriations: Provided, That this provision does not

19 apply to accounts that do not contain an object classifica20 tion for travel: Provided further, That this section shall

21 not apply to travel performed by uncompensated officials

22 of local boards and appeal boards of the Selective Service

23 System; to travel performed directly in connection with

24 care and treatment of medical beneficiaries of the Depart25 ment of Veterans Affairs; to travel performed in connec-
86

S 2168 PCS

1 tion with major disasters or emergencies declared or deter2 mined by the President under the provisions of the Robert

3 T. Stafford Disaster Relief and Emergency Assistance

4 Act; to travel performed by the Offices of Inspector Gen5 eral in connection with audits and investigations; or to

6 payments to interagency motor pools where separately set

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

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

9 set forth in budget estimates initially submitted for such

10 appropriations, the expenditures for travel may cor11 respondingly exceed the amounts therefore set forth in the

12 estimates in the same proportion.

13 SEC. 402. Appropriations and funds available for the

14 administrative expenses of the Department of Housing

15 and Urban Development and the Selective Service System

16 shall be available in the current fiscal year for purchase

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

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

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

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

21 Urban Development subject to the Government Corpora22 tion Control Act or section 402 of the Housing Act of

23 1950 shall be available, without regard to the limitations

24 on administrative expenses, for legal services on a contract

25 or fee basis, and for utilizing and making payment for
87

S 2168 PCS

1 services and facilities of Federal National Mortgage Asso2 ciation, Government National Mortgage Association, Fed3 eral Home Loan Mortgage Corporation, Federal Financ4 ing Bank, Federal Reserve banks or any member thereof,

5 Federal Home Loan banks, and any insured bank within

6 the meaning of the Federal Deposit Insurance Corporation

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

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

9 this Act shall remain available for obligation beyond the

10 current fiscal year unless expressly so provided herein.

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

12 expended—

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

14 employee of the United States unless—

15 (A) such certification is accompanied by,

16 or is part of, a voucher or abstract which de17 scribes the payee or payees and the items or

18 services for which such expenditure is being

19 made, or

20 (B) the expenditure of funds pursuant to

21 such certification, and without such a voucher

22 or abstract, is specifically authorized by law;

23 and
88

S 2168 PCS

1 (2) unless such expenditure is subject to audit

2 by the General Accounting Office or is specifically

3 exempt by law from such audit.

4 SEC. 406. None of the funds provided in this Act to

5 any department or agency may be expended for the trans6 portation of any officer or employee of such department

7 or agency between his domicile and his place of employ8 ment, with the exception of any officer or employee au9 thorized such transportation under 31 U.S.C. 1344 or 5

10 U.S.C. 7905.

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

12 be used for payment, through grants or contracts, to re13 cipients that do not share in the cost of conducting re14 search resulting from proposals not specifically solicited

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

16 sharing by the recipient shall reflect the mutuality of in17 terest of the grantee or contractor and the Government

18 in the research.

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

20 directly or through grants, to pay or to provide reimburse21 ment for payment of the salary of a consultant (whether

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

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

24 the Executive Schedule, unless specifically authorized by

25 law.
89

S 2168 PCS

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

2 shall be used to pay the expenses of, or otherwise com3 pensate, non-Federal parties intervening in regulatory or

4 adjudicatory proceedings. Nothing herein affects the au5 thority of the Consumer Product Safety Commission pur6 suant to section 7 of the Consumer Product Safety Act

7 (15 U.S.C. 2056 et seq.).

8 SEC. 410. Except as otherwise provided under exist9 ing law or under an existing Executive Order issued pur10 suant to an existing law, the obligation or expenditure of

11 any appropriation under this Act for contracts for any

12 consulting service shall be limited to contracts which are

13 (1) a matter of public record and available for public in14 spection, and (2) thereafter included in a publicly available

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

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

17 the public and of all contracts on which performance has

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

19 preceding sentence shall be updated quarterly and shall

20 include a narrative description of the work to be per21 formed under each such contract.

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

23 part of any appropriation contained in this Act shall be

24 obligated or expended by any executive agency, as referred

25 to in the Office of Federal Procurement Policy Act (41
90

S 2168 PCS

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

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

3 contract in full compliance with such Act and the regula4 tions promulgated thereunder, and (2) requires any report

5 prepared pursuant to such contract, including plans, eval6 uations, studies, analyses and manuals, and any report

7 prepared by the agency which is substantially derived from

8 or substantially includes any report prepared pursuant to

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

10 contract pursuant to which the report was prepared, and

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

12 such contract.

13 SEC. 412. Except as otherwise provided in section

14 406, none of the funds provided in this Act to any depart15 ment or agency shall be obligated or expended to provide

16 a personal cook, chauffeur, or other personal servants to

17 any officer or employee of such department or agency.

18 SEC. 413. None of the funds provided in this Act to

19 any department or agency shall be obligated or expended

20 to procure passenger automobiles as defined in 15 U.S.C.

21 2001 with an EPA estimated miles per gallon average of

22 less than 22 miles per gallon.

23 SEC. 414. None of the funds appropriated in title I

24 of this Act shall be used to enter into any new lease of

25 real property if the estimated annual rental is more than
91

S 2168 PCS

1 $300,000 unless the Secretary submits, in writing, a re2 port to the Committees on Appropriations of the Congress

3 and a period of 30 days has expired following the date

4 on which the report is received by the Committees on Ap5 propriations.

6 SEC. 415. (a) It is the sense of the Congress that,

7 to the greatest extent practicable, all equipment and prod8 ucts purchased with funds made available in this Act

9 should be American-made.

10 (b) In providing financial assistance to, or entering

11 into any contract with, any entity using funds made avail12 able in this Act, the head of each Federal agency, to the

13 greatest extent practicable, shall provide to such entity a

14 notice describing the statement made in subsection (a) by

15 the Congress.

16 SEC. 416. None of the funds appropriated in this Act

17 may be used to implement any cap on reimbursements to

18 grantees for indirect costs, except as published in Office

19 of Management and Budget Circular A–21.

20 SEC. 417. Such sums as may be necessary for fiscal

21 year 1999 pay raises for programs funded by this Act shall

22 be absorbed within the levels appropriated in this Act.

23 SEC. 418. None of the funds made available in this

24 Act may be used for any program, project, or activity,

25 when it is made known to the Federal entity or official
92

S 2168 PCS

1 to which the funds are made available that the program,

2 project, or activity is not in compliance with any Federal

3 law relating to risk assessment, the protection of private

4 property rights, or unfunded mandates.

5 SEC. 419. Corporations and agencies of the Depart6 ment of Housing and Urban Development which are sub7 ject to the Government Corporation Control Act, as

8 amended, are hereby authorized to make such expendi9 tures, within the limits of funds and borrowing authority

10 available to each such corporation or agency and in accord

11 with law, and to make such contracts and commitments

12 without regard to fiscal year limitations as provided by

13 section 104 of the Act as may be necessary in carrying

14 out the programs set forth in the budget for 1999 for such

15 corporation or agency except as hereinafter provided: Pro16 vided, That collections of these corporations and agencies

17 may be used for new loan or mortgage purchase commit18 ments only to the extent expressly provided for in this Act

19 (unless such loans are in support of other forms of assist20 ance provided for in this or prior appropriations Acts), ex21 cept that this proviso shall not apply to the mortgage in22 surance or guaranty operations of these corporations, or

23 where loans or mortgage purchases are necessary to pro24 tect the financial interest of the United States Govern25 ment.
93

S 2168 PCS

1 SEC. 420. Notwithstanding section 320(g) of the

2 Federal Water Pollution Control Act (33 U.S.C. 1330(g)),

3 funds made available pursuant to authorization under

4 such section for fiscal year 1999 and prior fiscal years

5 may be used for implementing comprehensive conservation

6 and management plans.

7 SEC. 421. Notwithstanding any other provision of

8 law, the term ‘‘qualified student loan’’ with respect to na9 tional service education awards shall mean any loan made

10 directly to a student by the Alaska Commission on Post11 secondary Education, in addition to other meanings under

12 section 148(b)(7) of the National and Community Service

13 Act.

14 SEC. 422. Unless otherwise provided for in this Act,

15 no part of any appropriation for the Department of Hous16 ing and Urban Development shall be available for any ac17 tivity in excess of amounts set forth in the budget esti18 mates submitted for the appropriations.

19 This Act may be cited as the ‘‘Departments of Veter20 ans Affairs and Housing and Urban Development, and

21 Independent Agencies Appropriations Act, 1999’’.
Calendar No. 414

105TH CONGRESS

2D SESSION S. 2168

[Report No. 105–216]

A BILL

Making appropriations for the Departments of Vetpurposes. year ending September 30, 1999, and for other missions, corporations, and offices for the fiscal ment, and for sundry independent agencies, com- erans Affairs and Housing and Urban DevelopJUNE 12, 1998

Read twice and placed on the calendar