104TH CONGRESS

2D SESSION H. R. 3666

AN ACT

Making appropriations for the Departments of Vetand for other purposes. for the fiscal year ending September 30, 1997, boards, commissions, corporations, and offices ment, and for sundry independent agencies, erans Affairs and Housing and Urban Develop-
★★

104TH CONGRESS

2D SESSION H. R. 3666

AN ACT

Making appropriations for the Departments of Veterans Affairs and Housing and Urban Development, and for sundry independent agencies, boards, commissions, corporations, and offices for the fiscal year ending September

30, 1997, and for other purposes.
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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

6 Development, and for sundry independent agencies,

7 boards, commissions, corporations, and offices for the fis8 cal year ending September 30, 1997, and for other pur9 poses, namely:

10 TITLE I

11 DEPARTMENT OF VETERANS AFFAIRS

12 VETERANS BENEFITS ADMINISTRATION

13 COMPENSATION AND PENSIONS

14 (INCLUDING TRANSFERS OF FUNDS)

15 For the payment of compensation benefits to or on

16 behalf of veterans as authorized by law (38 U.S.C. 107,

17 chapters 11, 13, 51, 53, 55, and 61); pension benefits to

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

19 chapters 15, 51, 53, 55, and 61; 92 Stat. 2508); and bur20 ial benefits, emergency and other officers’ retirement pay,

21 adjusted-service credits and certificates, payment of pre22 miums due on commercial life insurance policies guaran23 teed under the provisions of Article IV of the Soldiers’

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

25 for other benefits as authorized by law (38 U.S.C. 107,
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1 1312, 1977, and 2106, chapters 23, 51, 53, 55, and 61;

2 50 U.S.C. App. 540–548; 43 Stat. 122, 123; 45 Stat. 735;

3 76 Stat. 1198); $18,497,854,000, to remain available

4 until expended: Provided, That not to exceed $26,417,000

5 of the amount appropriated shall be reimbursed to ‘‘Gen6 eral operating expenses’’ and ‘‘Medical care’’ for necessary

7 expenses in implementing those provisions authorized in

8 the Omnibus Budget Reconciliation Act of 1990, and in

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

10 51, 53, and 55), the funding source for which is specifi11 cally provided as the ‘‘Compensation and pensions’’ appro12 priation: Provided further, That such sums as may be

13 earned on an actual qualifying patient basis, shall be reim14 bursed to ‘‘Medical facilities revolving fund’’ to augment

15 the funding of individual medical facilities for nursing

16 home care provided to pensioners as authorized by the

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

18 READJUSTMENT BENEFITS

19 For the payment of readjustment and rehabilitation

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

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

22 and 61, $1,227,000,000, to remain available until ex23 pended: Provided, That funds shall be available to pay any

24 court order, court award or any compromise settlement

25 arising from litigation involving the vocational training
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1 program authorized by section 18 of Public Law 98–77,

2 as amended.

3 VETERANS INSURANCE AND INDEMNITIES

4 For military and naval insurance, national service life

5 insurance, servicemen’s indemnities, service-disabled vet6 erans insurance, and veterans mortgage life insurance as

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

8 Stat. 487, $38,970,000, to remain available until ex9 pended.

10 GUARANTY AND INDEMNITY PROGRAM ACCOUNT

11 (INCLUDING TRANSFER OF FUNDS)

12 For the cost of direct and guaranteed loans, such

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

14 authorized by 38 U.S.C. chapter 37, as amended: Pro15 vided, That such costs, including the cost of modifying

16 such loans, shall be as defined in section 502 of the Con17 gressional Budget Act of 1974, as amended.

18 In addition, for administrative expenses to carry out

19 the direct and guaranteed loan programs, $105,226,000,

20 which may be transferred to and merged with the appro21 priation for ‘‘General operating expenses’’.

22 LOAN GUARANTY PROGRAM ACCOUNT

23 (INCLUDING TRANSFER OF FUNDS)

24 For the cost of direct and guaranteed loans, such

25 sums as may be necessary to carry out the program, as
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1 authorized by 38 U.S.C. chapter 37, as amended: Pro2 vided, That such costs, including the cost of modifying

3 such loans, shall be as defined in section 502 of the Con4 gressional Budget Act of 1974, as amended.

5 In addition, for administrative expenses to carry out

6 the direct and guaranteed loan programs, $33,810,000,

7 which may be transferred to and merged with the appro8 priation for ‘‘General operating expenses’’.

9 DIRECT LOAN PROGRAM ACCOUNT

10 (INCLUDING TRANSFER OF FUNDS)

11 For the cost of direct loans, such sums as may be

12 necessary to carry out the program, as authorized by 38

13 U.S.C. chapter 37, as amended: Provided, That such costs,

14 including the cost of modifying such loans, shall be as de15 fined in section 502 of the Congressional Budget Act of

16 1974, as amended: Provided further, That during 1997,

17 within the resources available, not to exceed $300,000 in

18 gross obligations for direct loans are authorized for spe19 cially adapted housing loans.

20 In addition, for administrative expenses to carry out

21 the direct loan program, $80,000, which may be trans22 ferred to and merged with the appropriation for ‘‘General

23 operating expenses’’.
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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, $195,000, 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, $49,000, 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 $1,964,000.

23 In addition, for administrative expenses necessary to

24 carry out the direct loan program, $377,000, which may
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1 be transferred to and merged with the appropriation for

2 ‘‘General operating expenses’’.

3 NATIVE AMERICAN VETERAN HOUSING LOAN PROGRAM

4 ACCOUNT

5 (INCLUDING TRANSFER OF FUNDS)

6 For administrative expenses to carry out the direct

7 loan program authorized by 38 U.S.C. chapter 37, sub8 chapter V, as amended, $205,000, which may be trans9 ferred to and merged with the appropriation for ‘‘General

10 operating expenses’’.

11 VETERANS HEALTH ADMINISTRATION

12 MEDICAL CARE

13 For necessary expenses for the maintenance and op14 eration of hospitals, nursing homes, and domiciliary facili15 ties; for furnishing, as authorized by law, inpatient and

16 outpatient care and treatment to beneficiaries of the De17 partment of Veterans Affairs, including care and treat18 ment in facilities not under the jurisdiction of the Depart19 ment; and furnishing recreational facilities, supplies, and

20 equipment; funeral, burial, and other expenses incidental

21 thereto for beneficiaries receiving care in the Department;

22 administrative expenses in support of planning, design,

23 project management, real property acquisition and disposi24 tion, construction and renovation of any facility under the

25 jurisdiction or for the use of the Department; oversight,
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1 engineering and architectural activities not charged to

2 project cost; repairing, altering, improving or providing fa3 cilities in the several hospitals and homes under the juris4 diction of the Department, not otherwise provided for, ei5 ther by contract or by the hire of temporary employees

6 and purchase of materials; uniforms or allowances there7 for, as authorized by 5 U.S.C. 5901–5902; aid to State

8 homes as authorized by 38 U.S.C. 1741; and not to exceed

9 $8,000,000 to fund cost comparison studies as referred

10 to in 38 U.S.C. 8110(a)(5); $17,008,447,000, plus reim11 bursements: Provided, That of the funds made available

12 under this heading, $570,000,000 is for the equipment

13 and land and structures object classifications only, which

14 amount shall not become available for obligation until Au15 gust 1, 1997, and shall remain available until September

16 30, 1998.

17 MEDICAL AND PROSTHETIC RESEARCH

18 For necessary expenses in carrying out programs of

19 medical and prosthetic research and development as au20 thorized by 38 U.S.C. chapter 73, to remain available until

21 September 30, 1998, $257,000,000, plus reimbursements.

22 MEDICAL ADMINISTRATION AND MISCELLANEOUS

23 OPERATING EXPENSES

24 For necessary expenses in the administration of med25 ical, hospital, nursing home, domiciliary, construction,
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1 supply, and research activities, as authorized by law; ad2 ministrative expenses in support of planning, design,

3 project management, architectural, engineering, real prop4 erty acquisition and disposition, construction and renova5 tion of any facility under the jurisdiction or for the use

6 of the Department of Veterans Affairs, including site ac7 quisition; engineering and architectural activities not

8 charged to project cost; and research and development in

9 building construction technology; $59,207,000, plus reim10 bursements.

11 TRANSITIONAL HOUSING LOAN PROGRAM

12 (INCLUDING TRANSFER OF FUNDS)

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

14 by Public Law 102–54, section 8, which shall be trans15 ferred from the ‘‘General post fund’’: Provided, That such

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

17 as defined in section 502 of the Congressional Budget Act

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

19 are available to subsidize gross obligations for the prin20 cipal amount of direct loans not to exceed $70,000.

21 In addition, for administrative expenses to carry out

22 the direct loan program, $54,000, which shall be trans23 ferred from the ‘‘General post fund’’, as authorized by

24 Public Law 102–54, section 8.
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1 DEPARTMENTAL ADMINISTRATION

2 GENERAL OPERATING EXPENSES

3 For necessary operating expenses of the Department

4 of Veterans Affairs, not otherwise provided for, including

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

6 official reception and representation expenses; hire of pas7 senger motor vehicles; and reimbursement of the General

8 Services Administration for security guard services, and

9 the Department of Defense for the cost of overseas em10 ployee mail; $823,584,000: Provided further, That during

11 fiscal year 1997, notwithstanding any other provision of

12 law, the number of individuals employed by the Depart13 ment of Veterans Affairs (1) in other than ‘‘career ap14 pointee’’ positions in the Senior Executive Service shall

15 not exceed 6, and (2) in schedule C positions shall not

16 exceed 11: Provided further, That funds under this head17 ing shall be available to administer the Service Members

18 Occupational Conversion and Training Act.

19 NATIONAL CEMETERY SYSTEM

20 For necessary expenses for the maintenance and op21 eration of the National Cemetery System, not otherwise

22 provided for, including uniforms or allowances therefor;

23 cemeterial expenses as authorized by law; purchase of two

24 passenger motor vehicles for use in cemeterial operations;

25 and hire of passenger motor vehicles, $76,864,000.
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1 OFFICE OF INSPECTOR GENERAL

2 For necessary expenses of the Office of Inspector

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

4 as amended, $30,900,000.

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 title 38, Unit11 ed States Code, including planning, architectural and en12 gineering services, maintenance or guarantee period serv13 ices costs associated with equipment guarantees provided

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

15 and storm drainage system construction costs, and site ac16 quisition, where the estimated cost of a project is

17 $3,000,000 or more or where funds for a project were

18 made available in a previous major project appropriation,

19 $245,358,000, to remain available until expended: Pro20 vided, That except for advance planning of projects funded

21 through the advance planning fund and the design of

22 projects funded through the design fund, none of these

23 funds shall be used for any project which has not been

24 considered and approved by the Congress in the budgetary

25 process: Provided further, That funds provided in this ap-
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1 propriation for fiscal year 1997, for each approved project

2 shall be obligated (1) by the awarding of a construction

3 documents contract by September 30, 1997, and (2) by

4 the awarding of a construction contract by September 30,

5 1998: Provided further, That the Secretary shall promptly

6 report in writing to the Comptroller General and to the

7 Committees on Appropriations any approved major con8 struction project in which obligations are not incurred

9 within the time limitations established above; and the

10 Comptroller General shall review the report in accordance

11 with the procedures established by section 1015 of the Im12 poundment Control Act of 1974 (title X of Public Law

13 93–344): Provided further, That no funds from any other

14 account except the ‘‘Parking revolving fund’’, may be obli15 gated for constructing, altering, extending, or improving

16 a project which was approved in the budget process and

17 funded in this account until one year after substantial

18 completion and beneficial occupancy by the Department

19 of Veterans Affairs of the project or any part thereof with

20 respect to that part only.

21 CONSTRUCTION, MINOR PROJECTS

22 For constructing, altering, extending, and improving

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

24 of the Department of Veterans Affairs, including plan25 ning, architectural and engineering services, maintenance
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1 or guarantee period services costs associated with equip2 ment guarantees provided under the project, services of

3 claims analysts, offsite utility and storm drainage system

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

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

6 8103, 8106, 8108, 8109, 8110, and 8122 of title 38, Unit7 ed States Code, where the estimated cost of a project is

8 less than $3,000,000; $160,000,000, to remain available

9 until expended, along with unobligated balances of pre10 vious ‘‘Construction, minor projects’’ appropriations which

11 are hereby made available for any project where the esti12 mated cost is less than $3,000,000: Provided, That funds

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

14 of the nonmedical facilities under the jurisdiction or for

15 the use of the Department which are necessary because

16 of loss or damage caused by any natural disaster or catas17 trophe, and (2) temporary measures necessary to prevent

18 or to minimize further loss by such causes.

19 PARKING REVOLVING FUND

20 For the parking revolving fund as authorized by 38

21 U.S.C. 8109, $12,300,000, together with income from fees

22 collected, to remain available until expended, which shall

23 be available for all authorized expenses except operations

24 and maintenance costs, which will be funded from ‘‘Medi25 cal care’’.
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1 GRANTS FOR CONSTRUCTION OF STATE EXTENDED CARE

2 FACILITIES

3 For grants to assist States to acquire or construct

4 State nursing home and domiciliary facilities and to re5 model, modify or alter existing hospital, nursing home and

6 domiciliary facilities in State homes, for furnishing care

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

8 $47,397,000, to remain available until expended.

9 GRANTS FOR THE CONSTRUCTION OF STATE VETERANS

10 CEMETERIES

11 For grants to aid States in establishing, expanding,

12 or improving State veteran cemeteries as authorized by 38

13 U.S.C. 2408, $1,000,000, to remain available until ex14 pended.

15 FRANCHISE FUND

16 (INCLUDING TRANSFER OF FUNDS)

17 There is hereby established in the Treasury a fran18 chise fund pilot, as authorized by section 403 of Public

19 Law 103–356, to be available as provided in such section

20 for expenses and equipment necessary for the maintenance

21 and operation of such administrative services as the Sec22 retary determines may be performed more advantageously

23 as central services: Provided, That any inventories, equip24 ment and other assets pertaining to the services to be pro25 vided by the franchise fund, either on hand or on order,

26 less the related liabilities or unpaid obligations, and any
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1 appropriations made hereafter for the purpose of provid2 ing capital, shall be used to capitalize the franchise fund:

3 Provided further, That the franchise fund may be paid in

4 advance from funds available to the Department and other

5 Federal agencies for which such centralized services are

6 performed, at rates which will return in full all expenses

7 of operation, including accrued leave, depreciation of fund

8 plant and equipment, amortization of automated data

9 processing (ADP) software and systems (either acquired

10 or donated), and an amount necessary to maintain a rea11 sonable operating reserve, as determined by the Secretary:

12 Provided further, That the franchise fund shall provide

13 services on a competitive basis: Provided further, That an

14 amount not to exceed four percent of the total annual in15 come to such fund may be retained in the fund for fiscal

16 year 1997 and each fiscal year thereafter, to remain avail17 able until expended, to be used for the acquisition of cap18 ital equipment and for the improvement and implementa19 tion of Departmental financial management, ADP, and

20 other support systems: Provided further, That no later

21 than thirty days after the end of each fiscal year amounts

22 in excess of this reserve limitation shall be transferred to

23 the Treasury: Provided further, That such franchise fund

24 pilot shall terminate pursuant to section 403(f) of Public

25 Law 103–356.
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1 ADMINISTRATIVE PROVISIONS

2 (INCLUDING TRANSFER OF FUNDS)

3 SEC. 101. Any appropriation for 1997 for ‘‘Com4 pensation and pensions’’, ‘‘Readjustment benefits’’, and

5 ‘‘Veterans insurance and indemnities’’ may be transferred

6 to any other of the mentioned appropriations.

7 SEC. 102. Appropriations available to the Depart8 ment of Veterans Affairs for 1997 for salaries and ex9 penses shall be available for services authorized by 5

10 U.S.C. 3109.

11 SEC. 103. No appropriations in this Act for the De12 partment of Veterans Affairs (except the appropriations

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

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

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

16 construction of any new hospital or home.

17 SEC. 104. No appropriations in this Act for the De18 partment of Veterans Affairs shall be available for hos19 pitalization or examination of any persons (except bene20 ficiaries entitled under the laws bestowing such benefits

21 to veterans, and persons receiving such treatment under

22 5 U.S.C. 7901–7904 or 42 U.S.C. 5141–5204), unless re23 imbursement of cost is made to the ‘‘Medical care’’ ac24 count at such rates as may be fixed by the Secretary of

25 Veterans Affairs.
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1 SEC. 105. Appropriations available to the Depart2 ment of Veterans Affairs for fiscal year 1997 for ‘‘Com3 pensation and pensions’’, ‘‘Readjustment benefits’’, and

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

5 for payment of prior year accrued obligations required to

6 be recorded by law against the corresponding prior year

7 accounts within the last quarter of fiscal year 1996.

8 SEC. 106. Appropriations accounts available to the

9 Department of Veterans Affairs for fiscal year 1997 shall

10 be available to pay prior year obligations of corresponding

11 prior year appropriations accounts resulting from title X

12 of the Competitive Equality Banking Act, Public Law

13 100–86, except that if such obligations are from trust

14 fund accounts they shall be payable from ‘‘Compensation

15 and pensions’’.

16 SEC. 107. Notwithstanding any other provision of

17 law, during fiscal year 1997, the Secretary of Veterans

18 Affairs shall, from the National Service Life Insurance

19 Fund (38 U.S.C. 1920), the Veterans’ Special Life Insur20 ance Fund (38 U.S.C. 1923), and the United States Gov21 ernment Life Insurance Fund (38 U.S.C. 1955), reim22 burse the ‘‘General operating expenses’’ account for the

23 cost of administration of the insurance programs financed

24 through those accounts: Provided, That reimbursement

25 shall be made only from the surplus earnings accumulated
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1 in an insurance program in fiscal year 1997, that are

2 available for dividends in that program after claims have

3 been paid and actuarially determined reserves have been

4 set aside: Provided further, That if the cost of administra5 tion of an insurance program exceeds the amount of sur6 plus earnings accumulated in that program, reimburse7 ment shall be made only to the extent of such surplus

8 earnings: Provided further, That the Secretary shall deter9 mine the cost of administration for fiscal year 1997, which

10 is properly allocable to the provision of each insurance pro11 gram and to the provision of any total disability income

12 insurance included in such insurance program.

13 TITLE II

14 DEPARTMENT OF HOUSING AND URBAN

15 DEVELOPMENT

16 HOUSING PROGRAMS

17 ANNUAL CONTRIBUTIONS FOR ASSISTED HOUSING

18 (INCLUDING RESCISSION)

19 For assistance under the United States Housing Act

20 of 1937, as amended (the ‘‘Act’’ herein) (42 U.S.C. 1437),

21 not otherwise provided for, $5,272,000,000 (reduced by

22 $140,000,000), to remain available until expended: Pro23 vided, That of the total amount provided under this head,

24 $4,472,000,000 shall be for assistance under the United

25 States Housing Act of 1937 (42 U.S.C. 1437) for use in
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1 connection with expiring or terminating section 8 subsidy

2 contracts of which $875,000,000 shall be available on Sep3 tember 15, 1997: Provided further, That the Secretary

4 may determine not to apply section 8(o)(6)(B) of the Act

5 to housing vouchers during fiscal year 1997: Provided fur6 ther, That of the total amount provided under this head,

7 $800,000,000 (reduced by $140,000,000) shall be for

8 amendments to section 8 contracts other than contracts

9 for projects developed under section 202 of the Housing

10 Act of 1959, as amended: Provided further, That 50 per

11 centum of the amounts of budget authority, or in lieu

12 thereof 50 per centum of the cash amounts associated with

13 such budget authority, that are recaptured from projects

14 described in section 1012(a) of the Stewart B. McKinney

15 Homeless Assistance Amendments Act of 1988 (Public

16 Law 100–628, 102 Stat. 3224, 3268) shall be rescinded,

17 or in the case of cash, shall be remitted to the Treasury,

18 and such amounts of budget authority or cash recaptured

19 and not rescinded or remitted to the Treasury shall be

20 used by State housing finance agencies or local govern21 ments or local housing agencies with projects approved by

22 the Secretary of Housing and Urban Development for

23 which settlement occurred after January 1, 1992, in ac24 cordance with such section.
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1 HOUSING FOR SPECIAL POPULATIONS: ELDERLY AND

2 DISABLED

3 For capital advances, including amendments to cap4 ital advance contracts, and for project rental assistance

5 and amendments thereto, for Supportive Housing for the

6 Elderly under section 202 of the Housing Act of 1959,

7 as amended, $595,000,000 (increased by $100,000,000),

8 to remain available until expended.

9 For capital advances, including amendments to cap10 ital advance contracts, and for project rental assistance

11 and amendments thereto, for Supportive Housing for Per12 sons with Disabilities under section 811 of the Cranston13 Gonzalez National Affordable Housing Act, $174,000,000

14 (increased by $40,000,000), to remain available until ex15 pended, of which 25 percent shall be used for tenant-based

16 rental assistance under section 8(o) of the United States

17 Housing Act of 1937 (42 U.S.C. 1437(o)), in addition to

18 any other amounts available for section 8(o).

19 The Secretary may waive any provision of section 202

20 of the Housing Act of 1959 and section 811 of the Cran21 ston-Gonzalez National Affordable Housing Act (including

22 the provisions governing the terms and conditions of

23 project rental assistance) that the Secretary determines is

24 not necessary to achieve the objectives of these programs,

25 or that otherwise impedes the ability to develop, operate
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1 or administer projects assisted under these programs, and

2 may make provision for alternative conditions or terms

3 where appropriate.

4 FLEXIBLE SUBSIDY FUND

5 (INCLUDING TRANSFER OF FUNDS)

6 From the fund established by section 236(g) of the

7 National Housing Act, as amended, all uncommitted bal8 ances of excess rental charges as of September 30, 1996,

9 and any collection during fiscal year 1997, shall be trans10 ferred, as authorized under such section, to the fund au11 thorized under section 201(j) of the Housing and Commu12 nity Development Amendments of 1978, as amended.

13 RENTAL HOUSING ASSISTANCE

14 (RESCISSION)

15 The limitation otherwise applicable to the maximum

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

17 contracts entered into under section 236 of the National

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

19 1997 by not more than $2,000,000 in uncommitted bal20 ances of authorizations provided for this purpose in appro21 priations Acts.

22 PUBLIC AND INDIAN HOUSING

23 HOUSING CERTIFICATE FUND

24 For tenant-based assistance under section 8 of the

25 United States Housing Act of 1937 (42 U.S.C. 1437f),
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1 as amended, $166,000,000, to remain available until ex2 pended: Provided, That of the total amount provided

3 under this head, $50,000,000 shall be for nonelderly dis4 abled families relocating pursuant to designation of a pub5 lic housing development under section 7 of such Act: Pro6 vided further, That the remainder of the amount provided

7 under this head shall be used only for housing assistance

8 for relocating residents of properties (i) that are eligible

9 for assistance under the Low Income Housing Preserva10 tion and Resident Homeownership Act of 1990

11 (LIHPRHA) or the Emergency Low-Income Housing

12 Preservation Act of 1987 (ELIHPA) in accordance with

13 the terms and conditions of the tenth and eleventh provi14 sos of the second undesignated paragraph under the head

15 ‘‘Annual Contributions for Assisted Housing’’ in Public

16 Law 104–134; (ii) that are owned by the Secretary and

17 being disposed of; (iii) for which section 8 assistance is

18 allocated under subsection (f) of section 204 of this Act

19 (relating to portfolio reengineering); or (iv) subject to spe20 cial workout assistance team intervention compliance ac21 tions: Provided further, That notwithstanding any other

22 provision of law, a public housing agency administering

23 certificate or voucher assistance provided under subsection

24 (b) or (o) of section 8 of the United States Housing Act

25 of 1937, as amended, shall delay for 3 months, the use
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1 of any amounts of such assistance (or the certificate or

2 voucher representing assistance amounts) made available

3 by the termination during fiscal year 1997 of such assist4 ance on behalf of any family for any reason, but not later

5 than October 1, 1997, with the exception of any certifi6 cates assigned or committed to project-based assistance as

7 permitted otherwise by the Act, accomplished prior to the

8 effective date of this Act: Provided further, That section

9 8(c)(2)(A) of the United States Housing Act of 1937, as

10 amended (42 U.S.C. 1437f(c)(2)(A)) is further amend11 ed—

12 (1) in the third sentence by inserting ‘‘and fis13 cal year 1997’’ after ‘‘1995’’; and

14 (2) in the last sentence by inserting ‘‘and fiscal

15 year 1997’’ after ‘‘1995’’.

16 PUBLIC HOUSING OPERATING FUND

17 For payments to public housing agencies and Indian

18 housing authorities for operating subsidies for low-income

19 housing projects as authorized by section 9 of the United

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

21 1437g), $2,850,000,000.

22 PUBLIC HOUSING CAPITAL FUND

23 (INCLUDING TRANSFERS OF FUNDS)

24 For the Public Housing Capital Fund program under

25 the United States Housing Act of 1937, as amended (42
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1 U.S.C. 1437), $2,700,000,000, to remain available until

2 expended, of which $2,415,000,000 shall be for mod3 ernization of existing public housing projects;

4 $200,000,000 for Indian Housing Development;

5 $50,000,000 for grants to public housing agencies (includ6 ing Indian housing authorities), nonprofit corporations,

7 and other appropriate entities for a supportive services

8 program to assist residents of public and assisted housing,

9 former residents of such housing receiving tenant-based

10 assistance under section 8 of such Act, and other low-in11 come families and individuals, principally for the benefit

12 of public housing residents, to become self-sufficient;

13 $20,000,000 for technical assistance for the inspection of

14 public housing units, contract expertise, and training and

15 technical assistance directly or indirectly, under grants,

16 contracts, or cooperative agreements, to assist in the over17 sight and management of public and Indian housing

18 (whether or not the housing is being modernized with as19 sistance under this proviso) or tenant-based assistance, in20 cluding, but not limited to, an annual resident survey,

21 data collection and analysis, training and technical assist22 ance by or to officials and employees of the department

23 and of public housing agencies and to residents in connec24 tion with the public and Indian housing program or for

25 carrying out activities under section 6(j) of the Act;
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1 $10,000,000 for the Tenant Opportunity Program; and

2 $5,000,000 for the Jobs-Plus Demonstration for Public

3 Housing families: Provided, That all obligated and unobli4 gated balances as of the end of fiscal year 1996 heretofore

5 provided for the development or acquisition costs of public

6 housing (including public housing for Indian families), for

7 modernization of existing public housing projects (includ8 ing such projects for Indian families), for public and In9 dian housing amendments, for modernization and develop10 ment technical assistance, for lease adjustments for the

11 section 23 program, and for the Family Investment Cen12 ters program shall be transferred to amounts made avail13 able under this heading.

14 REVITALIZATION OF SEVERELY DISTRESSED PUBLIC

15 HOUSING (HOPE VII)

16 For grants to public housing agencies for assisting

17 in the demolition of obsolete public housing projects or

18 portions thereof, the revitalization (where appropriate) of

19 sites (including remaining public housing units) on which

20 such projects are located, replacement housing which will

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

22 and tenant-based assistance in accordance with section 8

23 of the United States Housing Act of 1937; and for provid24 ing replacement housing and assisting tenants to be dis25 placed by the demolition, $550,000,000, to remain avail26 able until expended, of which the Secretary may use up
26

•HR 3666 EH2S

1 to $2,500,000 for technical assistance, to be provided di2 rectly or indirectly by grants, contracts or cooperative

3 agreements, including training and cost of necessary travel

4 for participants in such training, by or to officials and em5 ployees of the Department and of public housing agencies

6 and to residents: Provided, That, notwithstanding any

7 other provision of law, the funds made available to the

8 Housing Authority of New Orleans under HOPE VI for

9 purposes of Desire Homes, shall not be obligated or ex10 pended for on-site construction until an independent third

11 party has determined whether the site is appropriate.

12 DRUG ELIMINATION GRANTS FOR LOW-INCOME HOUSING

13 (INCLUDING TRANSFER OF FUNDS)

14 For grants to public and Indian housing agencies for

15 use in eliminating crime in public housing projects author16 ized by 42 U.S.C. 11901–11908, for grants for federally

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

18 11909, and for drug information clearinghouse services

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

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

21 shall be for grants, technical assistance, contracts and

22 other assistance training, program assessment, and execu23 tion for or on behalf of public housing agencies and resi24 dent organizations (including the cost of necessary travel

25 for participants in such training), $5,000,000 of which
27

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1 shall be used in connection with efforts to combat violent

2 crime in public and assisted housing under the Operation

3 Safe Home program administered by the Inspector Gen4 eral of the Department of Housing and Urban Develop5 ment, and $5,000,000 of which shall be transferred to the

6 Office of Inspector General for Operation Safe Home: Pro7 vided, That the term ‘‘drug-related crime’’, as defined in

8 42 U.S.C. 11905(2), shall also include other types of

9 crime as determined by the Secretary.

10 INDIAN HOUSING LOAN GUARANTEE FUND PROGRAM

11 ACCOUNT

12 For the cost of guaranteed loans, as authorized by

13 section 184 of the Housing and Community Development

14 Act of 1992 (106 Stat. 3739), $3,000,000: Provided, That

15 such costs, including the costs of modifying such loans,

16 shall be as defined in section 502 of the Congressional

17 Budget Act of 1974, as amended: Provided further, That

18 these funds are available to subsidize total loan principal,

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

20 $36,900,000.

21 COMMUNITY PLANNING AND DEVELOPMENT

22 COMMUNITY DEVELOPMENT BLOCK GRANTS FUND

23 (INCLUDING TRANSFER OF FUNDS)

24 For grants to States and units of general local gov25 ernment and for related expenses, not otherwise provided
28

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

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

5 available until September 30, 1999, of which

6 $300,000,000 shall become available for obligation on

7 September 30, 1997, and of which $61,400,000 shall be

8 for grants to Indian tribes notwithstanding section

9 106(a)(1) of the Act: Provided, That $2,100,000 shall be

10 available as a grant to the Housing Assistance Council,

11 $1,000,000 shall be available as a grant to the National

12 American Indian Housing Council, and $49,000,000 shall

13 be available for grants pursuant to section 107 of such

14 Act, including up to $14,000,000 for the development and

15 operation of a management information system: Provided

16 further, That not to exceed 20 percent of any grant made

17 with funds appropriated herein (other than a grant made

18 available under the preceding proviso to the Housing As19 sistance Council or the National American Indian Housing

20 Council, or a grant using funds under section 107(b)(3)

21 of the Housing and Community Development Act of 1974,

22 as amended) shall be expended for ‘‘Planning and Man23 agement Development’’ and ‘‘Administration’’ as defined

24 in regulations promulgated by the Department: Provided

25 further, That for fiscal year 1997 and thereafter, section
29

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1 105(a)(25) of such Act, shall continue to be effective and

2 the termination and conforming provisions of section

3 907(b)(2) of the Cranston-Gonzalez National Affordable

4 Housing Act shall not be effective: Provided further, That

5 section 916(f) of the Cranston-Gonzalez National Afford6 able Housing Act is repealed.

7 Of the amount made available under this heading,

8 notwithstanding any other provision of law, $20,000,000

9 shall be available for youthbuild program activities author10 ized by subtitle D of title IV of the Cranston-Gonzalez

11 National Affordable Housing Act, as amended, and such

12 activities shall be an eligible activity with respect to any

13 funds made available under this heading.

14 Of the amount made available under this heading,

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

16 shall be available for the lead-based paint hazard reduc17 tion program as authorized under sections 1011 and 1053

18 of the Residential Lead-Based Hazard Reduction Act of

19 1992.

20 For the cost of guaranteed loans, $31,750,000, as au21 thorized by section 108 of the Housing and Community

22 Development Act of 1974: Provided, That such costs, in23 cluding the cost of modifying such loans, shall be as de24 fined in section 502 of the Congressional Budget Act of

25 1974, as amended: Provided further, That these funds are
30

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1 available to subsidize total loan principal, any part of

2 which is to be guaranteed, not to exceed $1,500,000,000,

3 notwithstanding any aggregate limitation on outstanding

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

5 and Community Development Act of 1974. In addition,

6 for administrative expenses to carry out the guaranteed

7 loan program, $675,000 which shall be transferred to and

8 merged with the appropriation for salaries and expenses.

9 HOME INVESTMENT PARTNERSHIPS PROGRAM

10 For the HOME investment partnerships program, as

11 authorized under title II of the Cranston-Gonzalez Na12 tional Affordable Housing Act (Public Law 101–625), as

13 amended, $1,400,000,000, to remain available until ex14 pended: Provided, That $21,000,000 shall be available for

15 grants to Indian Tribes: Provided further, That up to 0.5

16 percent, but not less than $7,000,000, shall be available

17 for the development and operation of a management infor18 mation system: Provided further, That $15,000,000 shall

19 be available for Housing Counseling under section 106 of

20 the Housing and Urban Development Act of 1968.

21 HOMELESS ASSISTANCE FUNDS

22 For the emergency shelter grants program (as au23 thorized under subtitle B of title IV of the Stewart B.

24 McKinney Homeless Assistance Act (Public Law 100–77),

25 as amended); the supportive housing program (as author26 ized under subtitle C of title IV of such Act); the section
31

•HR 3666 EH2S

1 8 moderate rehabilitation single room occupancy program

2 (as authorized under the United States Housing Act of

3 1937, as amended) to assist homeless individuals pursuant

4 to section 441 of the Stewart B. McKinney Homeless As5 sistance Act; and the shelter plus care program (as au6 thorized under subtitle F of title IV of such Act),

7 $823,000,000, to remain available until expended.

8 HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS

9 (INCLUDING TRANSFER OF FUNDS)

10 For carrying out the Housing Opportunities for Per11 sons with AIDS program, as authorized by the AIDS

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

13 $171,000,000, to remain available until expended: Pro14 vided, That any amounts previously appropriated for such

15 program, and any related assets and liabilities, in the ‘‘An16 nual contributions for assisted housing’’ account, shall be

17 transferred to and merged with amounts in this account.

18 FEDERAL HOUSING ADMINISTRATION

19 FHA—MUTUAL MORTGAGE INSURANCE PROGRAM

20 ACCOUNT

21 (INCLUDING TRANSFERS OF FUNDS)

22 During fiscal year 1997, commitments to guarantee

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

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

25 principal of $110,000,000,000: Provided, That during fis-
32

•HR 3666 EH2S

1 cal year 1997, the Secretary shall sell assigned mortgage

2 notes having an unpaid principal balance of up to

3 $2,000,000,000, which notes were originally insured under

4 section 203(b) of the National Housing Act: Provided fur5 ther, That the Secretary may use the amount of any nega6 tive subsidy resulting from the sale of such assigned mort7 gage notes during fiscal year 1997 for the purposes in8 cluded under this heading.

9 During fiscal year 1997, 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 $200,000,000: 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 section 203

16 of such Act.

17 For administrative expenses necessary to carry out

18 the guaranteed and direct loan program, $341,595,000,

19 to be derived from the FHA-mutual mortgage insurance

20 guaranteed loans receipt account, of which not to exceed

21 $334,483,000 shall be transferred to the appropriation for

22 departmental salaries and expenses; and of which not to

23 exceed $7,112,000 shall be transferred to the appropria24 tion for the Office of Inspector General.
33

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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) $85,000,0000, to remain available until expended:

9 Provided, That these funds are available to subsidize total

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

11 up to $17,400,000,000: Provided further, That during fis12 cal year 1997, the Secretary shall sell assigned notes hav13 ing an unpaid principal balance of up to $2,500,000,000,

14 which notes are held by the Secretary under the General

15 Insurance and Special Risk Insurance funds: Provided fur16 ther, That any amounts made available in any prior appro17 priations Act for the cost (as such term is defined in sec18 tion 502 of the Congressional Budget Act of 1974) of

19 guaranteed loans that are obligations of the funds estab20 lished under section 238 or 519 of the National Housing

21 Act that have not been obligated or that are deobligated

22 shall be available to the Secretary of Housing and Urban

23 Development in connection with the making of such guar24 antees and shall remain available until expended, notwith-
34

•HR 3666 EH2S

1 standing the expiration of any period of availability other2 wise applicable to such amounts.

3 Gross obligations for the principal amount of direct

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

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

6 $120,000,000; of which not to exceed $100,000,000 shall

7 be for bridge financing in connection with the sale of mul8 tifamily real properties owned by the Secretary and for9 merly insured under such Act; and of which not to exceed

10 $20,000,000 shall be for loans to nonprofit and govern11 mental entities in connection with the sale of single-family

12 real properties owned by the Secretary and formerly in13 sured under such Act.

14 In addition, for administrative expenses necessary to

15 carry out the guaranteed and direct loan programs,

16 $202,470,000, of which $198,299,000 shall be transferred

17 to the appropriation for salaries and expenses; and of

18 which $4,171,000 shall be transferred to the appropriation

19 for the Office of Inspector General.

20 GOVERNMENT NATIONAL MORTGAGE ASSOCIATION

21 GUARANTEES OF MORTGAGE-BACKED SECURITIES LOAN

22 GUARANTEE PROGRAM ACCOUNT

23 (INCLUDING TRANSFER OF FUNDS)

24 During fiscal year 1997, new commitments to issue

25 guarantees to carry out the purposes of section 306 of the
35

•HR 3666 EH2S

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

2 shall not exceed $110,000,000,000.

3 For administrative expenses necessary to carry out

4 the guaranteed mortgage-backed securities program,

5 $9,101,000, to be derived from the GNMA-guarantees of

6 mortgage-backed securities guaranteed loan receipt ac7 count, of which not to exceed $9,101,000 shall be trans8 ferred to the appropriation for salaries and expenses.

9 POLICY DEVELOPMENT AND RESEARCH

10 RESEARCH AND TECHNOLOGY

11 For contracts, grants, and necessary expenses of pro12 grams of research and studies relating to housing and

13 urban problems, not otherwise provided for, as authorized

14 by title V of the Housing and Urban Development Act

15 of 1970, as amended (12 U.S.C. 1701z–1 et seq.), includ16 ing carrying out the functions of the Secretary under sec17 tion 1(a)(1)(i) of Reorganization Plan No. 2 of 1968,

18 $34,000,000, to remain available until September 30,

19 1998.

20 FAIR HOUSING AND EQUAL OPPORTUNITY

21 FAIR HOUSING ACTIVITIES

22 For contracts, grants, and other assistance, not oth23 erwise provided for, as authorized by title VIII of the Civil

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

25 Amendments Act of 1988, and for contracts with qualified
36

•HR 3666 EH2S

1 fair housing enforcement organizations, as authorized by

2 section 561 of the Housing and Community Development

3 Act of 1987, as amended, $30,000,000, to remain avail4 able until September 30, 1998, of which $15,000,000 shall

5 be to carry out activities pursuant to section 561.

6 MANAGEMENT AND ADMINISTRATION

7 SALARIES AND EXPENSES

8 (INCLUDING TRANSFER OF FUNDS)

9 For necessary administrative and non-administrative

10 expenses of the Department of Housing and Urban Devel11 opment, not otherwise provided for, including not to ex12 ceed $7,000 for official reception and representation ex13 penses, $962,558,000 (reduced by $1,411,000) (reduced

14 by $42,00,000), of which $532,782,000 shall be provided

15 from the various funds of the Federal Housing Adminis16 tration, $9,101,000 shall be provided from funds of the

17 Government National Mortgage Association, and

18 $675,000 shall be provided from the Community Develop19 ment Grants Program account.

20 OFFICE OF INSPECTOR GENERAL

21 (INCLUDING TRANSFER OF FUNDS)

22 For necessary expenses of the Office of Inspector

23 General in carrying out the provisions of the Inspector

24 General Act of 1978, as amended, $52,850,000, of which

25 $11,283,000 shall be provided from the various funds of

26 the Federal Housing Administration and $5,000,000 shall
37

•HR 3666 EH2S

1 be provided from the amount earmarked for Operation

2 Safe Home in the Drug elimination grants for low income

3 housing account.

4 OFFICE OF FEDERAL HOUSING ENTERPRISE OVERSIGHT

5 SALARIES AND EXPENSES

6 (INCLUDING TRANSFER OF FUNDS)

7 For carrying out the Federal Housing Enterprise Fi8 nancial Safety and Soundness Act of 1992, $14,895,000,

9 to remain available until expended, from the Federal

10 Housing Enterprise Oversight Fund: Provided, That such

11 amounts shall be collected by the Director as authorized

12 by section 1316(a) and (b) of such Act, and deposited in

13 the Fund under section 1316(f) of such Act.

14 ADMINISTRATIVE PROVISIONS

15 SEC. 201. MINIMUM RENTS.—Notwithstanding sec16 tion 3(a) and 8(o)(2) of the United States Housing Act

17 of 1937, as amended, for fiscal year 1997—

18 (1) public housing agencies shall require each

19 family who is assisted under the certificate or mod20 erate rehabilitation program under section 8 of such

21 Act to pay a minimum monthly rent of up to $25;

22 (2) public housing agencies shall reduce the

23 monthly assistance payment on behalf of each family

24 who is assisted under the voucher program under
38

•HR 3666 EH2S

1 section 8 of such Act so that the family pays a mini2 mum monthly rent of up to $25;

3 (3) with respect to housing assisted under other

4 programs for rental assistance under section 8 of

5 such Act, the Secretary shall require each family

6 who is assisted under such program to pay a mini7 mum monthly rent of up to $25; and

8 (4) public housing agencies shall require each

9 family who is assisted under the public housing pro10 gram (including public housing for Indian families)

11 to pay a minimum monthly rent of up to $25.

12 SEC. 202. ADMINISTRATIVE FEES.—Notwithstand13 ing section 8(q) of the United States Housing Act of 1937,

14 as amended—

15 (a) The Secretary shall establish fees for the cost of

16 administering the certificate, voucher and moderate reha17 bilitation programs.

18 (1)(A) For fiscal year 1997, the fee for each

19 month for which a dwelling unit is covered by an as20 sistance contract shall be 7.5 percent of the base

21 amount, adjusted as provided herein, in the case of

22 an agency that, on an annual basis, is administering

23 a program of no more than 600 units, and 7 percent

24 of the base amount, adjusted as provided herein, for

25 each additional unit above 600.
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1 (B) The base amount shall be the higher of—

2 (i) the fair market rental for fiscal year

3 1993 for a 2-bedroom existing rental dwelling

4 unit in the market area of the agency; and

5 (ii) such fair market rental for fiscal year

6 1994, but not more than 103.5 percent of the

7 amount determined under clause (i).

8 (C) The base amount shall be adjusted to re9 flect changes in the wage data or other objectively

10 measurable data that reflect the costs of administer11 ing the program during fiscal year 1996; except that

12 the Secretary may require that the base amount be

13 not less than a minimum amount and not more than

14 a maximum amount.

15 (2) For subsequent fiscal years, the Secretary

16 shall publish a notice in the Federal Register, for

17 each geographic area, establishing the amount of the

18 fee that would apply for the agencies administering

19 the program, based on changes in wage data or

20 other objectively measurable data that reflect the

21 cost of administering the program, as determined by

22 the Secretary.

23 (3) The Secretary may increase the fee if nec24 essary to reflect higher costs of administering small
40

•HR 3666 EH2S

1 programs and programs operating over large geo2 graphic areas.

3 (4) The Secretary may decrease the fee for

4 PHA-owned units.

5 (b) Beginning in fiscal year 1997 and thereafter, the

6 Secretary shall also establish reasonable fees (as deter7 mined by the Secretary) for—

8 (1) the costs of preliminary expenses, in the

9 amount of $500, for a public housing agency, but

10 only in the first year it administers a tenant-based

11 assistance program under the United States Hous12 ing Act of 1937 and only if, immediately before the

13 effective date of this Act, it was not administering

14 a tenant-based assistance program under the 1937

15 Act (as in effect immediately before the effective

16 date of this Act), in connection with its initial incre17 ment of assistance received;

18 (2) the costs incurred in assisting families who

19 experience difficulty (as determined by the Sec20 retary) in obtaining appropriate housing under the

21 program; and

22 (3) extraordinary costs approved by the Sec23 retary.

24 SEC. 203. SINGLE FAMILY ASSIGNMENT PRO25 GRAM.—Section 407(c) of the Balanced Budget Downpay-
41

•HR 3666 EH2S

1 ment Act, I (12 U.S.C. 1710 note), is amended by striking

2 ‘‘October 1, 1996’’ and inserting ‘‘October 1, 1997’’.

3 SEC. 204. FLEXIBLE AUTHORITY.—During fiscal

4 year 1997 and fiscal years thereafter, the Secretary may

5 manage and dispose of multifamily properties owned by

6 the Secretary and multifamily mortgages held by the Sec7 retary on such terms and conditions as the Secretary may

8 determine, notwithstanding any other provision of law.

9 TITLE III

10 INDEPENDENT AGENCIES

11 AMERICAN BATTLE MONUMENTS COMMISSION

12 SALARIES AND EXPENSES

13 For necessary expenses, not otherwise provided for,

14 of the American Battle Monuments Commission, including

15 the acquisition of land or interest in land in foreign coun16 tries; purchases and repair of uniforms for caretakers of

17 national cemeteries and monuments outside of the United

18 States and its territories and possessions; rent of office

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

20 replacement only) and hire of passenger motor vehicles;

21 and insurance of official motor vehicles in foreign coun22 tries, when required by law of such countries;

23 $22,265,000, to remain available until expended: Pro24 vided, That where station allowance has been authorized

25 by the Department of the Army for officers of the Army
42

•HR 3666 EH2S

1 serving the Army at certain foreign stations, the same al2 lowance shall be authorized for officers of the Armed

3 Forces assigned to the Commission while serving at the

4 same foreign stations, and this appropriation is hereby

5 made available for the payment of such allowance: Pro6 vided further, That when traveling on business of the Com7 mission, officers of the Armed Forces serving as members

8 or as Secretary of the Commission may be reimbursed for

9 expenses as provided for civilian members of the Commis10 sion: Provided further, That the Commission shall reim11 burse other Government agencies, including the Armed

12 Forces, for salary, pay, and allowances of personnel as13 signed to it.

14 DEPARTMENT OF THE TREASURY

15 COMMUNITY DEVELOPMENT FINANCIAL INSTITUTIONS

16 COMMUNITY DEVELOPMENT FINANCIAL INSTITUTIONS

17 FUND PROGRAM ACCOUNT

18 For grants, loans, and technical assistance to qualify19 ing community development lenders, and administrative

20 expenses of the Fund, $45,000,000, to remain available

21 until September 30, 1998, of which $8,000,000 may be

22 used for the cost of direct loans, and up to $800,000 may

23 be used for administrative expenses to carry out the direct

24 loan program: Provided, That the cost of direct loans, in25 cluding the cost of modifying such loans, shall be as de-
43

•HR 3666 EH2S

1 fined in section 502 of the Congressional Budget Act of

2 1974: Provided further, That not more than $19,400,000

3 of the funds made available under this heading may be

4 used for programs and activities authorized in section 114

5 of the Community Development Banking and Financial

6 Institutions Act of 1994.

7 CONSUMER PRODUCT SAFETY COMMISSION

8 SALARIES AND EXPENSES

9 For necessary expenses of the Consumer Product

10 Safety Commission, including hire of passenger motor ve11 hicles, services as authorized by 5 U.S.C. 3109, but at

12 rates for individuals not to exceed the per diem rate equiv13 alent to the rate for GS–18, purchase of nominal awards

14 to recognize non-Federal officials’ contributions to Com15 mission activities, and not to exceed $500 for official re16 ception and representation expenses, $42,500,000.

17 CORPORATION FOR NATIONAL AND COMMUNITY SERVICE

18 NATIONAL AND COMMUNITY SERVICE PROGRAMS

19 OPERATING EXPENSES

20 (INCLUDING TRANSFER OF FUNDS)

21 For necessary expenses for the Corporation for Na22 tional and Community Service (referred to in the matter

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

24 programs, activities, and initiatives under the National

25 and Community Service Act of 1990 (referred to in the
44

•HR 3666 EH2S

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

2 et seq.), $365,000,000, of which $265,000,000 shall be

3 available for obligation from September 1, 1997, through

4 September 30, 1998: Provided, That not more than

5 $25,000,000 shall be available for administrative expenses

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

7 12671(a)(4)): Provided further, That not more than

8 $2,500 shall be for official reception and representation

9 expenses: Provided further, That not more than

10 $40,000,000, to remain available without fiscal year limi11 tation, shall be transferred to the National Service Trust

12 account for educational awards authorized under subtitle

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

14 further, That not more than $201,000,000 of the amount

15 provided under this heading shall be available for grants

16 under the National Service Trust program authorized

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

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

19 program): Provided further, That not more than

20 $5,000,000 of the funds made available under this head21 ing shall be made available for the Points of Light Foun22 dation for activities authorized under title III of the Act

23 (42 U.S.C. 12661 et seq.): Provided further, That no funds

24 shall be available for national service programs run by

25 Federal agencies authorized under section 121(b) of such
45

•HR 3666 EH2S

1 Act (42 U.S.C. 12571(b)): Provided further, That to the

2 maximum extent feasible, funds appropriated in the pre3 ceding proviso shall be provided in a manner that is con4 sistent with the recommendations of peer review panels in

5 order to ensure that priority is given to programs that

6 demonstrate quality, innovation, replicability, and sustain7 ability: Provided further, That not more than $17,500,000

8 of the funds made available under this heading shall be

9 available for the Civilian Community Corps authorized

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

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

12 $41,500,000 shall be available for school-based and com13 munity-based service-learning programs authorized under

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

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

16 be available for quality and innovation activities author17 ized under subtitle H of title I of the Act (42 U.S.C.

18 12853 et seq.): Provided further, That not more than

19 $5,000,000 shall be available for audits and other evalua20 tions authorized under section 179 of the Act (42 U.S.C.

21 12639): Provided further, That no funds from any other

22 appropriation, or from funds otherwise made available to

23 the Corporation, shall be used to pay for personnel com24 pensation and benefits, travel, or any other administrative

25 expense for the Board of Directors, the Office of the Chief
46

•HR 3666 EH2S

1 Executive Officer, the Office of the Managing Director,

2 the Office of the Chief Financial Officer, the Office of Na3 tional and Community Service Programs, the Civilian

4 Community Corps, or any field office or staff of the Cor5 poration working on the National and Community Service

6 or Civilian Community Corps programs: Provided further,

7 That to the maximum extent practicable, the Corporation

8 shall increase significantly the level of matching funds and

9 in-kind contributions provided by the private sector, shall

10 expand significantly the number of educational awards

11 provided under subtitle D of title I, and shall reduce the

12 total Federal costs per participant in all programs.

13 OFFICE OF INSPECTOR GENERAL

14 For necessary expenses of the Office of Inspector

15 General in carrying out the provisions of the Inspector

16 General Act of 1978, as amended, $2,000,000.

17 COURT OF VETERANS APPEALS

18 SALARIES AND EXPENSES

19 For necessary expenses for the operation of the Unit20 ed States Court of Veterans Appeals as authorized by 38

21 U.S.C. sections 7251–7292, $9,229,000 (increased by

22 $1,411,000), of which $634,000, to remain available until

23 September 30, 1998, shall be available for the purpose of

24 providing financial assistance as described, and in accord-
47

•HR 3666 EH2S

1 ance with the process and reporting procedures set forth,

2 under this heading in Public Law 102–227.

3 DEPARTMENT OF DEFENSE—CIVIL

4 CEMETERIAL EXPENSES, ARMY

5 SALARIES AND EXPENSES

6 For necessary expenses, as authorized by law, for

7 maintenance, operation, and improvement of Arlington

8 National Cemetery and Soldiers’ and Airmen’s Home Na9 tional Cemetery, including the purchase of one passenger

10 motor vehicle for replacement only, and not to exceed

11 $1,000 for official reception and representation expenses,

12 $11,600,000, to remain available until expended.

13 ENVIRONMENTAL PROTECTION AGENCY

14 SCIENCE AND TECHNOLOGY

15 For science and technology, including research and

16 development activities, which shall include research and

17 development activities under the Comprehensive Environ18 mental Response, Compensation, and Liability Act of

19 1980 (CERCLA), as amended; necessary expenses for per20 sonnel and related costs and travel expenses, including

21 uniforms, or allowances therefore, as authorized by 5

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

23 3109, but at rates for individuals not to exceed the per

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

25 of laboratory equipment and supplies; other operating ex-
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1 penses in support of research and development; construc2 tion, alteration, repair, rehabilitation and renovation of fa3 cilities, not to exceed $75,000 per project, $540,000,000

4 (reduced by $1,500,000), which shall remain available

5 until September 30, 1998.

6 ENVIRONMENTAL PROGRAMS AND MANAGEMENT

7 For environmental programs and management, in8 cluding necessary expenses, not otherwise provided for, for

9 personnel and related costs and travel expenses, including

10 uniforms, or allowances therefore, as authorized by 5

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

12 3109, but at rates for individuals not to exceed the per

13 diem rate equivalent to the rate for GS–18; hire of pas14 senger motor vehicles; hire, maintenance, and operation

15 of aircraft; purchase of reprints; library memberships in

16 societies or associations which issue publications to mem17 bers only or at a price to members lower than to subscrib18 ers who are not members; construction, alteration, repair,

19 rehabilitation, and renovation of facilities, not to exceed

20 $75,000 per project; and not to exceed $6,000 for official

21 reception and representation expenses, $1,703,000,000

22 (increased by $1,500,000), which shall remain available

23 until September 30, 1998.
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1 OFFICE OF INSPECTOR GENERAL

2 For necessary expenses of the Office of Inspector

3 General in carrying out the provisions of the Inspector

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

5 alteration, repair, rehabilitation, and renovation of facili6 ties, not to exceed $75,000 per project, $28,500,000.

7 BUILDINGS AND FACILITIES

8 For construction, repair, improvement, extension, al9 teration, and purchase of fixed equipment or facilities of,

10 or for use by, the Environmental Protection Agency,

11 $107,220,000, to remain available until expended: Pro12 vided, That EPA is authorized to establish and construct

13 a consolidated research facility at Research Triangle Park,

14 North Carolina, at a maximum total construction cost of

15 $232,000,000, and to obligate such monies as are made

16 available by this Act for this purpose: Provided further,

17 That EPA is authorized to construct such facility through

18 multi-year contracts incrementally funded through appro19 priations hereafter made available for this project: Pro20 vided further, That, notwithstanding the previous provisos,

21 for monies obligated pursuant to this authority, EPA may

22 not obligate monies in excess of those provided in advance

23 in annual appropriations, and such contracts shall clearly

24 provide for this limitation.
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1 HAZARDOUS SUBSTANCE SUPERFUND

2 (INCLUDING TRANSFER OF FUNDS)

3 For necessary expenses to carry out the Comprehen4 sive Environmental Response, Compensation, and Liabil5 ity Act of 1980 (CERCLA), as amended, including sec6 tions 111 (c)(3), (c)(5), (c)(6), and (e)(4) (42 U.S.C.

7 9611), and for construction, alteration, repair, rehabilita8 tion, and renovation of facilities, not to exceed $75,000

9 per project; not to exceed $2,201,200,000, to remain avail10 able until expended, consisting of $1,951,200,000 as au11 thorized by section 517(a) of the Superfund Amendments

12 and Reauthorization Act of 1986 (SARA), as amended by

13 Public Law 101–508, and $250,000,000 as a payment

14 from general revenues to the Hazardous Substance

15 Superfund as authorized by section 517(b) of SARA, as

16 amended by Public Law 101–508: Provided, That funds

17 appropriated under this heading may be allocated to other

18 Federal agencies in accordance with section 111(a) of

19 CERCLA: Provided further, That $11,000,000 of the

20 funds appropriated under this heading shall be transferred

21 to the ‘‘Office of Inspector General’’ appropriation to re22 main available until September 30, 1997: Provided further,

23 That notwithstanding section 111(m) of CERCLA or any

24 other provision of law, not to exceed $59,000,000 of the

25 funds appropriated under this heading shall be available
51

•HR 3666 EH2S

1 to the Agency for Toxic Substances and Disease Registry

2 to carry out activities described in sections 104(i),

3 111(c)(4), and 111(c)(14) of CERCLA and section 118(f)

4 of the Superfund Amendments and Reauthorization Act

5 of 1986: Provided further, That $35,000,000 of the funds

6 appropriated under this heading shall be transferred to

7 the ‘‘Science and technology’’ appropriation to remain

8 available until September 30, 1998: Provided further, That

9 none of the funds appropriated under this heading shall

10 be available for the Agency for Toxic Substances and Dis11 ease Registry to issue in excess of 40 toxicological profiles

12 pursuant to section 104(i) of CERCLA during fiscal year

13 1997: Provided further, That $861,000,000 of the funds

14 appropriated under this heading shall become available for

15 obligation only upon the enactment of future appropria16 tions legislation that specifically makes these funds avail17 able for obligation: Provided further, That $1,200,000 of

18 the funds appropriatated under this heading shall be used

19 by the Agency for Toxic Substances and Disease Registry

20 to conduct a health effects study of the Toms River Can21 cer Cluster in the Toms River area in the State of New

22 Jersey.
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1 LEAKING UNDERGROUND STORAGE TANK TRUST FUND

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, $46,500,000 (increased by

9 $20,000,000), to remain available until expended: Pro10 vided, That no more than $7,000,000 shall be available

11 for administrative expenses: Provided further, That

12 $577,000 shall be transferred to the ‘‘Office of Inspector

13 General’’ appropriation to remain available until Septem14 ber 30, 1997.

15 OIL SPILL RESPONSE

16 (INCLUDING TRANSFER OF FUNDS)

17 For expenses necessary to carry out the Environ18 mental Protection Agency’s responsibilities under the Oil

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

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

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

22 of these funds shall be available for administrative ex23 penses.
53

•HR 3666 EH2S

1 STATE AND TRIBAL ASSISTANCE GRANTS

2 For environmental programs and infrastructure as3 sistance, including capitalization grants for State revolv4 ing funds and performance partnership grants,

5 $2,768,207,000, to remain available until expended, of

6 which $1,800,000,000 shall be for making capitalization

7 grants for State revolving funds to support water infra8 structure financing; $100,000,000 for architectural, engi9 neering, planning, design, construction and related activi10 ties in connection with the construction of high priority

11 water and wastewater facilities in the area of the United

12 States-Mexico Border, after consultation with the appro13 priate border commission; $50,000,000 for grants to the

14 State of Texas, which shall be matched by an equal

15 amount of State funds from State resources, for the pur16 pose of improving wastewater treatment for colonias;

17 $15,000,000 for grants to the State of Alaska subject to

18 an appropriate cost share as determined by the Adminis19 trator, to address wastewater infrastructure needs of rural

20 and Alaska Native Villages; $129,000,000 for making

21 grants for the construction of wastewater treatment facili22 ties and the development of groundwater in accordance

23 with the terms and conditions specified for such grants

24 in the Report accompanying this Act; and $674,207,000

25 for grants to States and federally recognized tribes for
54

•HR 3666 EH2S

1 multi-media or single media pollution prevention, control

2 and abatement and related activities pursuant to the pro3 visions set forth under this heading in Public Law 104–

4 134: Provided, That, from funds appropriated under this

5 heading, the Administrator may make grants to federally

6 recognized Indian governments for the development of

7 multi-media environmental programs: Provided further,

8 That of the $1,800,000,000 for capitalization grants for

9 State revolving funds to support water infrastructure fi10 nancing, $450,000,000 shall be for drinking water State

11 revolving funds, but if no drinking water State revolving

12 fund legislation is enacted by June 1, 1997, these funds

13 shall immediately be available for making capitalization

14 grants under title VI of the Federal Water Pollution Con15 trol Act, as amended.

16 WORKING CAPITAL FUND

17 (INCLUDING TRANSFER OF FUNDS)

18 There is hereby established in the Treasury a fran19 chise fund pilot to be known as the ‘‘Working capital

20 fund’’, as authorized by section 403 of Public Law 103–

21 356, to be available as provided in such section for ex22 penses and equipment necessary for the maintenance and

23 operation of such administrative services as the Adminis24 trator determines may be performed more advantageously

25 as central services: Provided, That any inventories, equip-
55

•HR 3666 EH2S

1 ment, and other assets pertaining to the services to be pro2 vided by such fund, either on hand or on order, less the

3 related liabilities or unpaid obligations, and any appropria4 tions made hereafter for the purpose of providing capital,

5 shall be used to capitalize such fund: Provided further,

6 That such fund shall be paid in advance from funds avail7 able to the Agency and other Federal agencies for which

8 such centralized services are performed, at rates which will

9 return in full all expenses of operation, including accrued

10 leave, depreciation of fund plant and equipment, amortiza11 tion of automated data processing (ADP) software and

12 systems (either acquired or donated), and an amount nec13 essary to maintain a reasonable operating reserve, as de14 termined by the Administrator: Provided further, That

15 such fund shall provide services on a competitive basis:

16 Provided further, That an amount not to exceed four per17 cent of the total annual income to such fund may be re18 tained in the fund for fiscal year 1997 and each fiscal

19 year thereafter, to remain available until expended, to be

20 used for the acquisition of capital equipment and for the

21 improvement and implementation of Agency financial

22 management, ADP, and other support systems: Provided

23 further, That no later than thirty days after the end of

24 each fiscal year amounts in excess of this reserve limita25 tion shall be transferred to the Treasury: Provided further,
56

•HR 3666 EH2S

1 That such franchise fund pilot shall terminate pursuant

2 to section 403(f) of Public Law 103–356.

3 ADMINISTRATIVE PROVISION

4 SEC. 301. Notwithstanding any other provision of

5 law, funds made available in this Act to the Environmental

6 Protection Agency for any account, program or project

7 may be transferred to Science and Technology for nec8 essary research activities, subject to the terms and condi9 tions set forth in the Report accompanying this Act.

10 EXECUTIVE OFFICE OF THE PRESIDENT

11 OFFICE OF SCIENCE AND TECHNOLOGY POLICY

12 For necessary expenses of the Office of Science and

13 Technology Policy, in carrying out the purposes of the Na14 tional Science and Technology Policy, Organization, and

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

16 of passenger motor vehicles, and services as authorized by

17 5 U.S.C. 3109, not to exceed $2,500 for official reception

18 and representation expenses, and rental of conference

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

20 COUNCIL ON ENVIRONMENTAL QUALITY AND OFFICE OF

21 ENVIRONMENTAL QUALITY

22 For necessary expenses to continue functions as23 signed to the Council on Environmental Quality and Office

24 of Environmental Quality pursuant to the National Envi25 ronmental Policy Act of 1969, the Environmental Quality
57

•HR 3666 EH2S

1 Improvement Act of 1970, and Reorganization Plan No.

2 1 of 1977, $2,250,000.

3 FEDERAL EMERGENCY MANAGEMENT AGENCY

4 DISASTER RELIEF

5 For necessary expenses in carrying out the Robert

6 T. Stafford Disaster Relief and Emergency Assistance Act

7 (42 U.S.C. 5121 et seq.), $1,120,000,000, and, notwith8 standing 42 U.S.C. 5203, to become available for obliga9 tion on September 30, 1997, and remain available until

10 expended.

11 DISASTER ASSISTANCE DIRECT LOAN PROGRAM ACCOUNT

12 For the cost of direct loans, $1,385,000, as author13 ized by section 319 of the Robert T. Stafford Disaster Re14 lief and Emergency Assistance Act (42 U.S.C. 5121 et

15 seq.): Provided, That such costs, including the cost of

16 modifying such loans, shall be as defined in section 502

17 of the Congressional Budget Act of 1974, as amended:

18 Provided further, That these funds are available to sub19 sidize gross obligations for the principal amount of direct

20 loans not to exceed $25,000,000.

21 In addition, for administrative expenses to carry out

22 the direct loan program, $548,000.

23 SALARIES AND EXPENSES

24 For necessary expenses, not otherwise provided for,

25 including hire and purchase of motor vehicles (31 U.S.C.
58

•HR 3666 EH2S

1 1343); uniforms, or allowances therefor, as authorized by

2 5 U.S.C. 5901–5902; services as authorized by 5 U.S.C.

3 3109, but at rates for individuals not to exceed the per

4 diem rate equivalent to the rate for GS–18; expenses of

5 attendance of cooperating officials and individuals at

6 meetings concerned with the work of emergency prepared7 ness; transportation in connection with the continuity of

8 Government programs to the same extent and in the same

9 manner as permitted the Secretary of a Military Depart10 ment under 10 U.S.C. 2632; and not to exceed $2,500

11 for official reception and representation expenses,

12 $168,000,000.

13 OFFICE OF INSPECTOR GENERAL

14 For necessary expenses of the Office of Inspector

15 General in carrying out the provisions of the Inspector

16 General Act of 1978, as amended, $4,533,000.

17 EMERGENCY MANAGEMENT PLANNING AND ASSISTANCE

18 For necessary expenses, not otherwise provided for,

19 to carry out activities under the National Flood Insurance

20 Act of 1968, as amended, and the Flood Disaster Protec21 tion Act of 1973, as amended (42 U.S.C. 4001 et seq.),

22 the Robert T. Stafford Disaster Relief and Emergency As23 sistance Act (42 U.S.C. 5121 et seq.), the Earthquake

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

25 7701 et seq.), the Federal Fire Prevention and Control
59

•HR 3666 EH2S

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

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

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

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

5 and Reorganization Plan No. 3 of 1978, $209,101,000.

6 EMERGENCY FOOD AND SHELTER PROGRAM

7 To carry out an emergency food and shelter program

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

9 $100,000,000: Provided, That total administrative costs

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

11 appropriation.

12 NATIONAL FLOOD INSURANCE FUND

13 For activities under the National Flood Insurance

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

15 and the National Flood Insurance Reform Act of 1994,

16 not to exceed $20,981,000 for salaries and expenses asso17 ciated with flood mitigation and flood insurance oper18 ations, and not to exceed $78,464,000 for flood mitigation,

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

20 1366 of the National Flood Insurance Act, which amount

21 shall be available until September 30, 1998. In fiscal year

22 1997, no funds in excess of (1) $47,000,000 for operating

23 expenses, (2) $335,680,000 for agents’ commissions and

24 taxes, and (3) $35,000,000 for interest on Treasury bor25 rowings shall be available from the National Flood Insur-
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•HR 3666 EH2S

1 ance Fund without prior notice to the Committees on Ap2 propriations. For fiscal year 1997, flood insurance rates

3 shall not exceed the level authorized by the National Flood

4 Insurance Reform Act of 1994.

5 WORKING CAPITAL FUND

6 For the establishment of a working capital fund for

7 the Federal Emergency Management Agency, to be avail8 able without fiscal year limitation, for expenses and equip9 ment necessary for maintenance and operations of such

10 administrative services as the Director determines may be

11 performed more advantageously as central services: Pro12 vided, That any inventories, equipment, and other assets

13 pertaining to the services to be provided by such fund, ei14 ther on hand or on order, less the related liabilities or un15 paid obligations, and any appropriations made hereafter

16 for the purpose of providing capital, shall be used to cap17 italize such fund: Provided further, That such fund shall

18 be reimbursed or credited with advance payments from ap19 plicable appropriations and funds of the Federal Emer20 gency Management Agency, other Federal agencies, and

21 other sources authorized by law for which such centralized

22 services are performed, including supplies, materials, and

23 services, at rates that will return in full all expenses of

24 operation, including accrued leave, depreciation of fund

25 plant and equipment, amortization of automated data

26 processing (ADP) software and systems (either acquired
61

•HR 3666 EH2S

1 or donated), and an amount necessary to maintain a rea2 sonable operating reserve as determined by the Director:

3 Provided further, That income of such fund may be re4 tained, to remain available until expended, for purposes

5 of the fund: Provided further, That fees for services shall

6 be established by the Director at a level to cover the total

7 estimated costs of providing such services, such fees to be

8 deposited in the fund shall remain available until expended

9 for purposes of the fund: Provided further, That such fund

10 shall terminate in a manner consistent with section 403(f)

11 of Public Law 103–356.

12 ADMINISTRATIVE PROVISION

13 The Director of the Federal Emergency Management

14 Agency shall promulgate through rulemaking a methodol15 ogy for assessment and collection of fees to be assessed

16 and collected beginning in fiscal year 1997 applicable to

17 persons subject to the Federal Emergency Management

18 Agency’s radiological emergency preparedness regulations.

19 The aggregate charges assessed pursuant to this section

20 during fiscal year 1997 shall approximate, but not be less

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

22 Federal Emergency Management Agency to be obligated

23 for its radiological emergency preparedness program for

24 such fiscal year. The methodology for assessment and col25 lection of fees shall be fair and equitable, and shall reflect

26 the full amount of costs of providing radiological emer-
62

•HR 3666 EH2S

1 gency planning, preparedness, response and associated

2 services. Such fees shall be assessed in a manner that re3 flects the use of agency resources for classes of regulated

4 persons and the administrative costs of collecting such

5 fees. Fees received pursuant to this section shall be depos6 ited in the general fund of the Treasury as offsetting re7 ceipts. Assessment and collection of such fees are only au8 thorized during fiscal year 1997.

9 GENERAL SERVICES ADMINISTRATION

10 CONSUMER INFORMATION CENTER FUND

11 For necessary expenses of the Consumer Information

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

13 $2,260,000, to be deposited into the Consumer Informa14 tion Center Fund: Provided, That the appropriations, rev15 enues and collections deposited into the fund shall be

16 available for necessary expenses of Consumer Information

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

18 Administrative expenses of the Consumer Information

19 Center in fiscal year 1997 shall not exceed $2,602,000.

20 Appropriations, revenues, and collections accruing to this

21 fund during fiscal year 1997 in excess of $7,500,000 shall

22 remain in the fund and shall not be available for expendi23 ture except as authorized in appropriations Acts: Provided

24 further, That notwithstanding any other provision of law,

25 the Consumer Information Center may accept and deposit
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•HR 3666 EH2S

1 to this account, during fiscal year 1997, gifts for the pur2 pose of defraying its costs of printing, publishing, and dis3 tributing consumer information and educational material;

4 may expend up to $1,100,000 of those gifts for those pur5 poses, in addition to amounts otherwise appropriated; and

6 the balance shall remain available for expenditure for such

7 purpose to the extent authorized in subsequent appropria8 tions Acts.

9 NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

10 HUMAN SPACE FLIGHT

11 For necessary expenses, not otherwise provided for,

12 in the conduct and support of human space flight research

13 and development activities, including research, develop14 ment, operations, and services; maintenance; construction

15 of facilities including repair, rehabilitation, and modifica16 tion of real and personal property, and acquisition or con17 demnation of real property, as authorized by law; space

18 flight, spacecraft control and communications activities in19 cluding operations, production, and services; and pur20 chase, lease, charter, maintenance and operation of mis21 sion and administrative aircraft, $5,362,900,000, to re22 main available until September 30, 1998.

23 SCIENCE, AERONAUTICS AND TECHNOLOGY

24 For necessary expenses, not otherwise provided for,

25 in the conduct and support of science, aeronautics and
64

•HR 3666 EH2S

1 technology research and development activities, including

2 research, development, operations, and services; mainte3 nance; construction of facilities including repair, rehabili4 tation, and modification of real and personal property, and

5 acquisition or condemnation of real property, as author6 ized by law; space flight, spacecraft control and commu7 nications activities including operations, production, and

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

9 operation of mission and administrative aircraft,

10 $5,662,100,000, to remain available until September 30,

11 1998. Chapter VII of Public Law 104–6 is amended under

12 the heading, ‘‘National Aeronautics and Space Adminis13 tration’’ by replacing ‘‘September 30, 1997’’ with ‘‘Sep14 tember 30, 1998’’ and ‘‘1996’’ with ‘‘1997’’.

15 MISSION SUPPORT

16 For necessary expenses, not otherwise provided for,

17 in carrying out mission support for human space flight

18 programs and science, aeronautical, and technology pro19 grams, including research operations and support; space

20 communications activities including operations, production

21 and services; maintenance; construction of facilities in22 cluding repair, rehabilitation, and modification of facili23 ties, minor construction of new facilities and additions to

24 existing facilities, facility planning and design, environ25 mental compliance and restoration, and acquisition or con-
65

•HR 3666 EH2S

1 demnation of real property, as authorized by law; program

2 management; personnel and related costs, including uni3 forms or allowances therefor, as authorized by 5 U.S.C.

4 5901–5902; travel expenses; purchase, lease charter,

5 maintenance, and operation of mission and administrative

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

7 representation expenses; and purchase (not to exceed 33

8 for replacement only) and hire of passenger motor vehi9 cles; $2,562,200,000, to remain available until September

10 30, 1998.

11 OFFICE OF INSPECTOR GENERAL

12 For necessary expenses of the Office of Inspector

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

14 as amended, $17,000,000.

15 ADMINISTRATIVE PROVISIONS

16 (INCLUDING TRANSFER OF FUNDS)

17 Notwithstanding the limitation on the availability of

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

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

20 appropriations Act, when (1) any activity has been initi21 ated by the incurrence of obligations for construction of

22 facilities as authorized by law, or (2) amounts are pro23 vided for full-funding for the Tracking and Data Relay

24 Satellite (TDRS) replenishment program, such amount

25 available for such activity shall remain available until ex26 pended. This provision does not apply to the amounts ap-
66

•HR 3666 EH2S

1 propriated in ‘‘Mission support’’ pursuant to the author2 ization for repair, rehabilitation and modification of facili3 ties, minor construction of new facilities and additions to

4 existing facilities, and facility planning and design.

5 Notwithstanding the limitation on the availability of

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

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

8 appropriations Act, the amounts appropriated for con9 struction of facilities shall remain available until Septem10 ber 30, 1999.

11 Notwithstanding the limitation on the availability of

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

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

14 for personnel and related costs and travel expenses of the

15 National Aeronautics and Space Administration shall re16 main available until September 30, 1997 and may be used

17 to enter into contracts for training, investigations, cost as18 sociated with personnel relocation, and for other services,

19 to be provided during the next fiscal year.

20 NATIONAL CREDIT UNION ADMINISTRATION

21 CENTRAL LIQUIDITY FACILITY

22 During fiscal year 1997, gross obligations of the

23 Central Liquidity Facility for the principal amount of new

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

25 National Credit Union Central Liquidity Facility Act (12
67

•HR 3666 EH2S

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

2 That administrative expenses of the Central Liquidity Fa3 cility in fiscal year 1997 shall not exceed $560,000: Pro4 vided further, That $1,000,000, together with amounts of

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

6 expended, is available for loans to community development

7 credit unions.

8 NATIONAL SCIENCE FOUNDATION

9 RESEARCH AND RELATED ACTIVITIES

10 For necessary expenses in carrying out the National

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

12 1861–1875), and the Act to establish a National Medal

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

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

15 and purchase of flight services for research support; acqui16 sition of aircraft; $2,422,000,000 (increased by

17 $9,110,000), of which not to exceed $226,000,000 shall

18 remain available until expended for Polar research and op19 erations support, and for reimbursement to other Federal

20 agencies for operational and science support and logistical

21 and other related activities for the United States Antarctic

22 program; the balance to remain available until September

23 30, 1998: Provided, That receipts for scientific support

24 services and materials furnished by the National Research

25 Centers and other National Science Foundation supported
68

•HR 3666 EH2S

1 research facilities may be credited to this appropriation:

2 Provided further, That to the extent that the amount ap3 propriated is less than the total amount authorized to be

4 appropriated for included program activities, all amounts,

5 including floors and ceilings, specified in the authorizing

6 Act for those program activities or their subactivities shall

7 be reduced proportionally.

8 MAJOR RESEARCH EQUIPMENT

9 For necessary expenses of major construction

10 projects pursuant to the National Science Foundation Act

11 of 1950, as amended, $80,000,000, to remain available

12 until expended.

13 EDUCATION AND HUMAN RESOURCES

14 For necessary expenses in carrying out science and

15 engineering education and human resources programs and

16 activities pursuant to the National Science Foundation

17 Act of 1950, as amended (42 U.S.C. 1861–1875), includ18 ing services as authorized by 5 U.S.C. 3109 and rental

19 of conference rooms in the District of Columbia,

20 $612,000,000, to remain available until September 30,

21 1998: Provided, That to the extent that the amount of

22 this appropriation is less than the total amount authorized

23 to be appropriated for included program activities, all

24 amounts, including floors and ceilings, specified in the au-
69

•HR 3666 EH2S

1 thorizing Act for those program activities or their sub2 activities shall be reduced proportionally.

3 SALARIES AND EXPENSES

4 For necessary salaries and expenses of the National

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

6 1861–1875); services authorized by 5 U.S.C. 3109; hire

7 of passenger motor vehicles; not to exceed $9,000 for offi8 cial reception and representation expenses; uniforms or al9 lowances therefor, as authorized by 5 U.S.C. 5901–5902;

10 rental of conference rooms in the District of Columbia;

11 reimbursement of the General Services Administration for

12 security guard services and headquarters relocation;

13 $134,310,000 (reduced by $9,110,000): Provided, That

14 contracts may be entered into under salaries and expenses

15 in fiscal year 1997 for maintenance and operation of facili16 ties, and for other services, to be provided during the next

17 fiscal year.

18 OFFICE OF INSPECTOR GENERAL

19 For necessary expenses of the Office of Inspector

20 General as authorized by the Inspector General Act of

21 1978, as amended, $4,690,000, to remain available until

22 September 30, 1998.
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1 NEIGHBORHOOD REINVESTMENT CORPORATION

2 PAYMENT TO THE NEIGHBORHOOD REINVESTMENT

3 CORPORATION

4 For payment to the Neighborhood Reinvestment Cor5 poration for use in neighborhood reinvestment activities,

6 as authorized by the Neighborhood Reinvestment Corpora7 tion Act (42 U.S.C. 8101–8107), $50,000,000.

8 SELECTIVE SERVICE SYSTEM

9 SALARIES AND EXPENSES

10 For necessary expenses of the Selective Service Sys11 tem, including expenses of attendance at meetings and of

12 training for uniformed personnel assigned to the Selective

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

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

15 reception and representation expenses; $22,930,000: Pro16 vided, That during the current fiscal year, the President

17 may exempt this appropriation from the provisions of 31

18 U.S.C. 1341, whenever he deems such action to be nec19 essary in the interest of national defense: Provided further,

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

21 expended for or in connection with the induction of any

22 person into the Armed Forces of the United States.

23 TITLE IV—GENERAL PROVISIONS

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

25 III of this Act are expendable for travel expenses and no
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1 specific limitation has been placed thereon, the expendi2 tures for such travel expenses may not exceed the amounts

3 set forth therefore in the budget estimates submitted for

4 the appropriations: Provided, That this section shall not

5 apply to travel performed by uncompensated officials of

6 local boards and appeal boards of the Selective Service

7 System; to travel performed directly in connection with

8 care and treatment of medical beneficiaries of the Depart9 ment of Veterans Affairs; to travel performed in connec10 tion with major disasters or emergencies declared or deter11 mined by the President under the provisions of the Robert

12 T. Stafford Disaster Relief and Emergency Assistance

13 Act; to travel performed by the Offices of Inspector Gen14 eral in connection with audits and investigations; or to

15 payments to interagency motor pools where separately set

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

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

18 set forth in budget estimates initially submitted for such

19 appropriations, the expenditures for travel may cor20 respondingly exceed the amounts therefore set forth in the

21 estimates in the same proportion.

22 SEC. 402. Appropriations and funds available for the

23 administrative expenses of the Department of Housing

24 and Urban Development and the Selective Service System

25 shall be available in the current fiscal year for purchase
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1 of uniforms, or allowances therefor, as authorized by 5

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

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

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

5 Urban Development subject to the Government Corpora6 tion Control Act or section 402 of the Housing Act of

7 1950 shall be available, without regard to the limitations

8 on administrative expenses, for legal services on a contract

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

10 services and facilities of Federal National Mortgage Asso11 ciation, Government National Mortgage Association, Fed12 eral Home Loan Mortgage Corporation, Federal Financ13 ing Bank, Federal Reserve banks or any member thereof,

14 Federal Home Loan banks, and any insured bank within

15 the meaning of the Federal Deposit Insurance Corporation

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

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

18 this Act shall remain available for obligation beyond the

19 current fiscal year unless expressly so provided herein.

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

21 expended—

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

23 employee of the United States unless—

24 (A) such certification is accompanied by,

25 or is part of, a voucher or abstract which de-
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1 scribes the payee or payees and the items or

2 services for which such expenditure is being

3 made, or

4 (B) the expenditure of funds pursuant to

5 such certification, and without such a voucher

6 or abstract, is specifically authorized by law;

7 and

8 (2) unless such expenditure is subject to audit

9 by the General Accounting Office or is specifically

10 exempt by law from such audit.

11 SEC. 406. None of the funds provided in this Act to

12 any department or agency may be expended for the trans13 portation of any officer or employee of such department

14 or agency between his domicile and his place of employ15 ment, with the exception of any officer or employee au16 thorized such transportation under 31 U.S.C. 1344 or 5

17 U.S.C. 7905.

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

19 be used for payment, through grants or contracts, to re20 cipients that do not share in the cost of conducting re21 search resulting from proposals not specifically solicited

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

23 sharing by the recipient shall reflect the mutuality of in24 terest of the grantee or contractor and the Government

25 in the research.
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1 SEC. 408. None of the funds in this Act may be used,

2 directly or through grants, to pay or to provide reimburse3 ment for payment of the salary of a consultant (whether

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

5 than the daily equivalent of the rate paid for Level IV

6 of the Executive Schedule, unless specifically authorized

7 by law.

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

9 shall be used to pay the expenses of, or otherwise com10 pensate, non-Federal parties intervening in regulatory or

11 adjudicatory proceedings. Nothing herein affects the au12 thority of the Consumer Product Safety Commission pur13 suant to section 7 of the Consumer Product Safety Act

14 (15 U.S.C. 2056 et seq.).

15 SEC. 410. Except as otherwise provided under exist16 ing law or under an existing Executive order issued pursu17 ant to an existing law, the obligation or expenditure of

18 any appropriation under this Act for contracts for any

19 consulting service shall be limited to contracts which are

20 (1) a matter of public record and available for public in21 spection, and (2) thereafter included in a publicly available

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

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

24 the public and of all contracts on which performance has

25 not been completed by such date. The list required by the
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1 preceding sentence shall be updated quarterly and shall

2 include a narrative description of the work to be per3 formed under each such contract.

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

5 part of any appropriation contained in this Act shall be

6 obligated or expended by any executive agency, as referred

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

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

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

10 contract in full compliance with such Act and the regula11 tions promulgated thereunder, and (2) requires any report

12 prepared pursuant to such contract, including plans, eval13 uations, studies, analyses and manuals, and any report

14 prepared by the agency which is substantially derived from

15 or substantially includes any report prepared pursuant to

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

17 contract pursuant to which the report was prepared, and

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

19 such contract.

20 SEC. 412. Except as otherwise provided in section

21 406, none of the funds provided in this Act to any depart22 ment or agency shall be obligated or expended to provide

23 a personal cook, chauffeur, or other personal servants to

24 any officer or employee of such department or agency.
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1 SEC. 413. None of the funds provided in this Act to

2 any department or agency shall be obligated or expended

3 to procure passenger automobiles as defined in 15 U.S.C.

4 2001 with an EPA estimated miles per gallon average of

5 less than 22 miles per gallon.

6 SEC. 414. None of the funds appropriated in title I

7 of this Act shall be used to enter into any new lease of

8 real property if the estimated annual rental is more than

9 $300,000 unless the Secretary submits, in writing, a re10 port to the Committees on Appropriations of the Congress

11 and a period of 30 days has expired following the date

12 on which the report is received by the Committees on Ap13 propriations.

14 SEC. 415. (a) PURCHASE OF AMERICAN-MADE

15 EQUIPMENT AND PRODUCTS.—It is the sense of the Con16 gress that, to the greatest extent practicable, all equip17 ment and products purchased with funds made available

18 in this Act should be American-made.

19 (b) NOTICE REQUIREMENT.—In providing financial

20 assistance to, or entering into any contract with, any en21 tity using funds made available in this Act, the head of

22 each Federal agency, to the greatest extent practicable,

23 shall provide to such entity a notice describing the state24 ment made in subsection (a) by the Congress.
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1 SEC. 416. None of the funds appropriated in this Act

2 may be used to implement any cap on reimbursements to

3 grantees for indirect costs, except as published in Office

4 of Management and Budget Circular A–21.

5 SEC. 417. Such sums as may be necessary for fiscal

6 year 1997 pay raises for programs funded by this Act shall

7 be absorbed within the levels appropriated in this Act.

8 SEC. 418. None of the funds made available in this

9 Act may be used for any program, project, or activity,

10 when it is made known to the Federal entity or official

11 to which the funds are made available that the program,

12 project, or activity is not in compliance with any Federal

13 law relating to risk assessment, the protection of private

14 property rights, or unfunded mandates.

15 SEC. 419. Such funds as may be necessary to carry

16 out the orderly termination of the Office of Consumer Af17 fairs shall be made available from funds appropriated to

18 the Department of Health and Human Services for fiscal

19 year 1997.

20 SEC. 420. Corporations and agencies of the Depart21 ment of Housing and Urban Development which are sub22 ject to the Government Corporation Control Act, as

23 amended, are hereby authorized to make such expendi24 tures, within the limits of funds and borrowing authority

25 available to each such corporation or agency and in accord
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1 with law, and to make such contracts and commitments

2 without regard to fiscal year limitations as provided by

3 section 104 of the Act as may be necessary in carrying

4 out the programs set forth in the budget for 1997 for such

5 corporation or agency except as hereinafter provided: Pro6 vided, That collections of these corporations and agencies

7 may be used for new loan or mortgage purchase commit8 ments only to the extent expressly provided for in this Act

9 (unless such loans are in support of other forms of assist10 ance provided for in this or prior appropriations Acts), ex11 cept that this proviso shall not apply to the mortgage in12 surance or guaranty operations of these corporations, or

13 where loans or mortgage purchases are necessary to pro14 tect the financial interest of the United States Govern15 ment.

16 SEC. 421. None of the funds appropriated or other17 wise made available by this Act may be used to pay the

18 salaries of personnel who approve a contract for the pur19 chase, lease, or acquisition in any manner of supercomput20 ing equipment or services after a preliminary determina21 tion, as defined in 19 U.S.C. 1673b, or final determina22 tion, as defined in 19 U.S.C. 1673d, by the Department

23 of Commerce that an organization providing such super24 computing equipment or services has offered such product

25 at other than fair value.
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1 SEC. 422. None of the funds made available in this

2 Act for the National Aeronautics and Space Administra3 tion may be used for the National Center for Science Lit4 eracy, Education and Technology at the American Mu5 seum of Natural History.

6 SEC. 423. (a) DENIAL OF FUNDS FOR PREVENTING

7 ROTC ACCESS TO CAMPUS.—None of the funds made

8 available in this Act may be provided by contract or by

9 grant (including a grant of funds to be available for stu10 dent aid) to an institution of higher education when it is

11 made known to the Federal official having authority to

12 obligate or expend such funds that the institution (or any

13 subelement thereof) has a policy or practice (regardless

14 of when implemented) that prohibits, or in effect pre15 vents—

16 (1) the maintaining, establishing, or operation

17 of a unit of the Senior Reserve Officer Training

18 Corps (in accordance with section 654 of title 10,

19 United States Code, and other applicable Federal

20 laws) at the institution (or subelement); or

21 (2) a student at the institution (or subelement)

22 from enrolling in a unit of the Senior Reserve Offi23 cer Training Corps at another institution of higher

24 education.
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1 (b) EXCEPTION.—The limitation established in sub2 section (a) shall not apply to an institution of higher edu3 cation when it is made known to the Federal official hav4 ing authority to obligate or expend such funds that—

5 (1) the institution (or subelement) has ceased

6 the policy or practice described in such subsection;

7 or

8 (2) the institution has a longstanding policy of

9 pacifism based on historical religious affiliation.

10 SEC. 424. (a) DENIAL OF FUNDS FOR PREVENTING

11 FEDERAL MILITARY RECRUITING ON CAMPUS.—None of

12 the funds made available in this Act may be provided by

13 contract or grant (including a grant of funds to be avail14 able for student aid) to any institution of higher education

15 when it is made known to the Federal official having au16 thority to obligate or expend such funds that the institu17 tion (or any subelement thereof) has a policy or practice

18 (regardless of when implemented) that prohibits, or in ef19 fect prevents—

20 (1) entry to campuses, or access to students

21 (who are 17 years of age or older) on campuses, for

22 purposes of Federal military recruiting; or

23 (2) access to the following information pertain24 ing to students (who are 17 years of age or older)

25 for purposes of Federal military recruiting: student
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1 names, addresses, telephone listings, dates and

2 places of birth, levels of education, degrees received,

3 prior military experience, and the most recent pre4 vious educational institutions enrolled in by the stu5 dents.

6 (b) EXCEPTION.—The limitation established in sub7 section (a) shall not apply to an institution of higher edu8 cation when it is made known to the Federal official hav9 ing authority to obligate or expend such funds that—

10 (1) the institution (or subelement) has ceased

11 the policy or practice described in such subsection;

12 or

13 (2) the institution has a longstanding policy of

14 pacifism based on historical religious affiliation.

15 SEC. 425. None of the funds made available in this

16 Act may be obligated or expended to enter into or renew

17 a contract with an entity when it is made known to the

18 Federal official having authority to obligate or expend

19 such funds that—

20 (1) such entity is otherwise a contractor with

21 the United States and is subject to the requirement

22 in section 4212(d) of title 38, United States Code,

23 regarding submission of an annual report to the Sec24 retary of Labor concerning employment of certain

25 veterans; and
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1 (2) such entity has not submitted a report as

2 required by that section for the most recent year for

3 which such requirement was applicable to such en4 tity.

5 SEC. 426. The amount provided in title I for ‘‘Veter6 ans Health Administration—Medical Care’’ is hereby in7 creased by, the amount provided in title I for ‘‘Depart8 mental Administration—General operating expenses’’ is

9 hereby increased by, and the total of the amounts of budg10 et authority provided in this Act for payments not re11 quired by law for the fiscal year ending September 30,

12 1997 (other than any amount of budget authority provided

13 in title I and any such amount provided in title III for

14 the American Battle Monuments Commission, the Court

15 of Veterans Appeals, or Cemeterial Expenses, Army), is

16 hereby reduced by, $40,000,000, $17,000,000, and 0.40

17 percent, respectively.

18 SEC. 427. The amounts otherwise provided by this

19 Act are revised by increasing the amount made available

20 for ‘‘Veterans Health Administration—Medical Care’’, in21 creasing the amount made available for ‘‘Veterans Health

22 Administration—Medical and Prosthetic Research’’, re23 ducing the amount made available for ‘‘Corporation for

24 National and Community Service—National and Commu25 nity Service Programs Operating Expenses’’, and reducing
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1 the amount made available for ‘‘Corporation for National

2 and Community Service—Office of Inspector General’’, by

3 $20,000,000, $20,000,000, $365,000,000, and

4 $2,000,000, respectively.

5 SEC. 428. None of the funds made available in this

6 Act may be used by the Environmental Protection Agency

7 to issue, reissue, or renew any approval or authorization

8 for any facility to store or dispose of polychlorinated

9 biphenyls when it is made known to the Federal official

10 having authority to obligate or expend such funds that

11 there is in effect at the time of the issuance, reissuance,

12 or renewal a rule authorizing any person to import into

13 the customs territory of the United States for treatment

14 or disposal any polychlorinated biphenyls, or poly15 chlorinated biphenyl items, at concentrations of more than

16 50 parts per million.

17 SEC. 429. None of the funds made available to the

18 Environmental Protection Agency under the heading

19 ‘‘Hazardous Substance Superfund’’ may be used to imple20 ment any retroactive liability discount reimbursement de21 scribed in the amendment made by section 201 of H.R.

22 2500, as introduced on October 18, 1995.

23 SEC. 430. FHA MORTGAGE INSURANCE PRE24 MIUMS.—Section 203(c)(2)(A) of the National Housing

25 Act (12 U.S.C. 1709(c)(2)(A)) is amended by inserting
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1 after the first sentence the following new sentence: ‘‘In

2 the case of mortgage for which the mortgagor is a first3 time homebuyer who completes a program of counseling

4 with respect to the responsibilities and financial manage5 ment involved in homeownership that is approved by the

6 Secretary, the premium payment under this subparagraph

7 shall not exceed 2.0 percent of the amount of the original

8 insured principal obligation of the mortgage.’’.

9 SEC. 431. (a) AUTHORITY TO USE AMOUNTS BOR10 ROWED FROM FAMILY MEMBERS FOR DOWNPAYMENTS

11 ON FHA-INSURED LOANS.—Section 203(b)(9) of the Na12 tional Housing Act (12 U.S.C. 1709(b)(9)) is amended by

13 inserting before the period at the end the following: ‘‘: Pro14 vided further, That for purposes of this paragraph, the

15 Secretary shall consider as cash or its equivalent any

16 amounts borrowed from a family member (as such term

17 is defined in section 201), subject only to the requirements

18 that, in any case in which the repayment of such borrowed

19 amounts is secured by a lien against the property, such

20 lien shall be subordinate to the mortgage and the sum of

21 the principal obligation of the mortgage and the obligation

22 secured by such lien may not exceed 100 percent of the

23 appraised value of the property plus any initial service

24 charges, appraisal, inspection, and other fees in connection

25 with the mortgage’’.
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1 (b) DEFINITION OF FAMILY MEMBER.—Section 201

2 of the National Housing Act (12 U.S.C. 1707) is amended

3 by adding at the end the following new subsections:

4 ‘‘(e) The term ‘family member’ means, with respect

5 to a mortgagor under such section, a child, parent, or

6 grandparent of the mortgagor (or the mortgagor’s

7 spouse). In determining whether any of the relationships

8 referred to in the preceding sentence exist, a legally adopt9 ed son or daughter of an individual (and a child who is

10 a member of an individual’s household, if placed with such

11 individual by an authorized placement agency for legal

12 adoption by such individual), and a foster child of an indi13 vidual, shall be treated as a child of such individual by

14 blood.

15 ‘‘(f) The term ‘child’ means, with respect to a mort16 gagor under such section, a son, stepson, daughter, or

17 stepdaughter of such mortgagor.’’.

18 SEC. 432. Sections 401 and 402 of the bill, H.R.

19 1708, 104th Congress, as introduced in the House of Rep20 resentatives on May 24, 1995, are hereby enacted into law.

21 SEC. 433. None of the funds made available in this

22 Act for the National Aeronautics and Space Administra23 tion may be used to carry out, or pay the salaries of per24 sonnel who carry out, the Bion 11 and Bion 12 projects.
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1 This Act may be cited as the ‘‘Departments of Veter2 ans Affairs and Housing and Urban Development, and

3 Independent Agencies Appropriations Act, 1997’’.

Passed the House of Representatives June 26, 1996.

Attest:

Clerk.