Calendar No. 493

104TH CONGRESS

2D SESSION H. R. 3666

[Report No. 104–318]

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 DevelopJULY 11, 1996

Reported with amendments
II

Calendar No. 493

104TH CONGRESS

2D SESSION H. R. 3666

[Report No. 104–318]

IN THE SENATE OF THE UNITED STATES

JUNE 27, 1996

Received; read twice and referred to the Committee on Appropriations

JULY 11, 1996

Reported by Mr. BOND, with amendments

[Omit the part struck through and insert the part printed in italic]

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.

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,
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1 boards, commissions, corporations, and offices for the fis2 cal year ending September 30, 1997, and for other pur3 poses, namely:

4 TITLE I

5 DEPARTMENT OF VETERANS AFFAIRS

6 VETERANS BENEFITS ADMINISTRATION

7 COMPENSATION AND PENSIONS

8 (INCLUDING TRANSFERS OF FUNDS)

9 For the payment of compensation benefits to or on

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

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

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

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

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

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

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

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

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

22 76 Stat. 1198); $18,497,854,000 $18,671,259,000, to re23 main available until expended: Provided, That not to ex24 ceed $26,417,000 of the amount appropriated shall be re25 imbursed to ‘‘General operating expenses’’ and ‘‘Medical
3

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1 care’’ for necessary expenses in implementing those provi2 sions authorized in the Omnibus Budget Reconciliation

3 Act of 1990, and in the Veterans’ Benefits Act of 1992

4 (38 U.S.C. chapters 51, 53, and 55), the funding source

5 for which is specifically provided as the ‘‘Compensation

6 and pensions’’ appropriation: Provided further, That such

7 sums as may be earned on an actual qualifying patient

8 basis, shall be reimbursed to ‘‘Medical facilities revolving

9 fund’’ to augment the funding of individual medical facili10 ties for nursing home care provided to pensioners as au11 thorized by the Veterans’ Benefits Act of 1992 (38 U.S.C.

12 chapter 55).

13 READJUSTMENT BENEFITS

14 For the payment of readjustment and rehabilitation

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

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

17 and 61, $1,227,000,000 $1,377,000,000, to remain avail18 able until expended: Provided, That funds shall be avail19 able to pay any court order, court award or any com20 promise settlement arising from litigation involving the vo21 cational training program authorized by section 18 of

22 Public Law 98–77, as amended.

23 VETERANS INSURANCE AND INDEMNITIES

24 For military and naval insurance, national service life

25 insurance, servicemen’s indemnities, service-disabled vet-
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1 erans insurance, and veterans mortgage life insurance as

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

3 Stat. 487, $38,970,000, to remain available until ex4 pended.

5 GUARANTY AND INDEMNITY PROGRAM ACCOUNT

6 (INCLUDING TRANSFER OF FUNDS)

7 For the cost of direct and guaranteed loans, such

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

9 authorized by 38 U.S.C. chapter 37, as amended: Pro10 vided, That such costs, including the cost of modifying

11 such loans, shall be as defined in section 502 of the Con12 gressional Budget Act of 1974, as amended.

13 In addition, for administrative expenses to carry out

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

15 which may be transferred to and merged with the appro16 priation for ‘‘General operating expenses’’.

17 LOAN GUARANTY PROGRAM ACCOUNT

18 (INCLUDING TRANSFER OF FUNDS)

19 For the cost of direct and guaranteed loans, such

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

21 authorized by 38 U.S.C. chapter 37, as amended: Pro22 vided, That such costs, including the cost of modifying

23 such loans, shall be as defined in section 502 of the Con24 gressional Budget Act of 1974, as amended.
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1 In addition, for administrative expenses to carry out

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

3 which may be transferred to and merged with the appro4 priation for ‘‘General operating expenses’’.

5 DIRECT LOAN PROGRAM ACCOUNT

6 (INCLUDING TRANSFER OF FUNDS)

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

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

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

10 including the cost of modifying such loans, shall be as de11 fined in section 502 of the Congressional Budget Act of

12 1974, as amended: Provided further, That during 1997,

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

14 gross obligations for direct loans are authorized for spe15 cially adapted housing loans.

16 In addition, for administrative expenses to carry out

17 the direct loan program, $80,000, which may be trans18 ferred to and merged with the appropriation for ‘‘General

19 operating expenses’’.

20 EDUCATION LOAN FUND PROGRAM ACCOUNT

21 (INCLUDING TRANSFER OF FUNDS)

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

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

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

25 as defined in section 502 of the Congressional Budget Act
6

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

2 are available to subsidize gross obligations for the prin3 cipal amount of direct loans not to exceed $3,000.

4 In addition, for administrative expenses necessary to

5 carry out the direct loan program, $195,000, which may

6 be transferred to and merged with the appropriation for

7 ‘‘General operating expenses’’.

8 VOCATIONAL REHABILITATION LOANS PROGRAM ACCOUNT

9 (INCLUDING TRANSFER OF FUNDS)

10 For the cost of direct loans, $49,000, as authorized

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

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

13 as defined in section 502 of the Congressional Budget Act

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

15 are available to subsidize gross obligations for the prin16 cipal amount of direct loans not to exceed $1,964,000

17 $2,822,000.

18 In addition, for administrative expenses necessary to

19 carry out the direct loan program, $377,000, which may

20 be transferred to and merged with the appropriation for

21 ‘‘General operating expenses’’.
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1 NATIVE AMERICAN VETERAN HOUSING LOAN PROGRAM

2 ACCOUNT

3 (INCLUDING TRANSFER OF FUNDS)

4 For administrative expenses to carry out the direct

5 loan program authorized by 38 U.S.C. chapter 37, sub6 chapter V, as amended, $205,000, which may be trans7 ferred to and merged with the appropriation for ‘‘General

8 operating expenses’’.

9 VETERANS HEALTH ADMINISTRATION

10 MEDICAL CARE

11 For necessary expenses for the maintenance and op12 eration of hospitals, nursing homes, and domiciliary facili13 ties; for furnishing, as authorized by law, inpatient and

14 outpatient care and treatment to beneficiaries of the De15 partment of Veterans Affairs, including care and treat16 ment in facilities not under the jurisdiction of the Depart17 ment; and furnishing recreational facilities, supplies, and

18 equipment; funeral, burial, and other expenses incidental

19 thereto for beneficiaries receiving care in the Department;

20 administrative expenses in support of planning, design,

21 project management, real property acquisition and disposi22 tion, construction and renovation of any facility under the

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

24 engineering and architectural activities not charged to

25 project cost; repairing, altering, improving or providing fa-
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1 cilities in the several hospitals and homes under the juris2 diction of the Department, not otherwise provided for, ei3 ther by contract or by the hire of temporary employees

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

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

7 $8,000,000 to fund cost comparison studies as referred

8 to in 38 U.S.C. 8110(a)(5); $17,008,447,000, plus reim9 bursements: Provided, That of the funds made available

10 under this heading, $570,000,000 $596,000,000 is for the

11 equipment and land and structures object classifications

12 only, which amount shall not become available for obliga13 tion until August 1, 1997, and shall remain available until

14 September 30, 1998.

15 MEDICAL AND PROSTHETIC RESEARCH

16 For necessary expenses in carrying out programs of

17 medical and prosthetic research and development as au18 thorized by 38 U.S.C. chapter 73, to remain available until

19 September 30, 1998, $257,000,000 $262,000,000, plus re20 imbursements.

21 MEDICAL ADMINISTRATION AND MISCELLANEOUS

22 OPERATING EXPENSES

23 For necessary expenses in the administration of med24 ical, hospital, nursing home, domiciliary, construction,

25 supply, and research activities, as authorized by law; ad-
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1 ministrative expenses in support of planning, design,

2 project management, architectural, engineering, real prop3 erty acquisition and disposition, construction and renova4 tion of any facility under the jurisdiction or for the use

5 of the Department of Veterans Affairs, including site ac6 quisition; engineering and architectural activities not

7 charged to project cost; and research and development in

8 building construction technology; $59,207,000

9 $62,207,000, plus reimbursements.

10 TRANSITIONAL HOUSING LOAN PROGRAM

11 (INCLUDING TRANSFER OF FUNDS)

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

13 by Public Law 102–54, section 8, which shall be trans14 ferred from the ‘‘General post fund’’: Provided, That such

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

16 as defined in section 502 of the Congressional Budget Act

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

18 are available to subsidize gross obligations for the prin19 cipal amount of direct loans not to exceed $70,000.

20 In addition, for administrative expenses to carry out

21 the direct loan program, $54,000, which shall be trans22 ferred from the ‘‘General post fund’’, as authorized by

23 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 $813,730,000: Provided further,

11 That during fiscal year 1997, notwithstanding any other

12 provision of law, the number of individuals employed by

13 the Department of Veterans Affairs (1) in other than ‘‘ca14 reer appointee’’ positions in the Senior Executive Service

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

16 not exceed 11: Provided further, That funds under this

17 heading shall be available to administer the Service Mem18 bers 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 $178,250,000, to remain available until ex20 pended: Provided, That except for advance planning of

21 projects funded through the advance planning fund and

22 the design of projects funded through the design fund,

23 none of these funds shall be used for any project which

24 has not been considered and approved by the Congress in

25 the budgetary process: Provided further, That funds pro-
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1 vided in this appropriation for fiscal year 1997, for each

2 approved project shall be obligated (1) by the awarding

3 of a construction documents contract by September 30,

4 1997, and (2) by the awarding of a construction contract

5 by September 30, 1998: Provided further, That the Sec6 retary shall promptly report in writing to the Comptroller

7 General and to the Committees on Appropriations any ap8 proved major construction project in which obligations are

9 not incurred within the time limitations established above;

10 and the Comptroller General shall review the report in ac11 cordance with the procedures established by section 1015

12 of the Impoundment Control Act of 1974 (title X of Public

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

14 other account except the ‘‘Parking revolving fund’’, may

15 be obligated for constructing, altering, extending, or im16 proving a project which was approved in the budget proc17 ess and funded in this account until one year after sub18 stantial completion and beneficial occupancy by the De19 partment of Veterans Affairs of the project or any part

20 thereof with 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
13

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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 $190,000,000, to re9 main available until expended, along with unobligated bal10 ances of previous ‘‘Construction, minor projects’’ appro11 priations which are hereby made available for any project

12 where the estimated cost is less than $3,000,000: Pro13 vided, That funds in this account shall be available for

14 (1) repairs to any of the nonmedical facilities under the

15 jurisdiction or for the use of the Department which are

16 necessary because of loss or damage caused by any natural

17 disaster or catastrophe, and (2) temporary measures nec18 essary to prevent or to minimize further loss by such

19 causes.

20 PARKING REVOLVING FUND

21 For the parking revolving fund as authorized by 38

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

23 collected, to remain available until expended, which shall

24 be available for all authorized expenses except operations
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1 and maintenance costs, which will be funded from ‘‘Medi2 cal care’’.

3 GRANTS FOR CONSTRUCTION OF STATE EXTENDED CARE

4 FACILITIES

5 For grants to assist States to acquire or construct

6 State nursing home and domiciliary facilities and to re7 model, modify or alter existing hospital, nursing home and

8 domiciliary facilities in State homes, for furnishing care

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

10 $47,397,000, to remain available until expended.

11 GRANTS FOR THE CONSTRUCTION OF STATE VETERANS

12 CEMETERIES

13 For grants to aid States in establishing, expanding,

14 or improving State veteran cemeteries as authorized by 38

15 U.S.C. 2408, $1,000,000, to remain available until ex16 pended.

17 FRANCHISE FUND

18 (INCLUDING TRANSFER OF FUNDS)

19 There is hereby established in the Treasury a fran20 chise fund pilot, as authorized by section 403 of Public

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

22 for expenses and equipment necessary for the maintenance

23 and operation of such administrative services as the Sec24 retary determines may be performed more advantageously

25 as central services: Provided, That any inventories, equip26 ment and other assets pertaining to the services to be pro-
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1 vided by the franchise fund, either on hand or on order,

2 less the related liabilities or unpaid obligations, and any

3 appropriations made hereafter for the purpose of provid4 ing capital, shall be used to capitalize the franchise fund:

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

6 advance from funds available to the Department and other

7 Federal agencies for which such centralized services are

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

9 of operation, including accrued leave, depreciation of fund

10 plant and equipment, amortization of automated data

11 processing (ADP) software and systems (either acquired

12 or donated), and an amount necessary to maintain a rea13 sonable operating reserve, as determined by the Secretary:

14 Provided further, That the franchise fund shall provide

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

16 amount not to exceed four percent of the total annual in17 come to such fund may be retained in the fund for fiscal

18 year 1997 and each fiscal year thereafter, to remain avail19 able until expended, to be used for the acquisition of cap20 ital equipment and for the improvement and implementa21 tion of Departmental financial management, ADP, and

22 other support systems: Provided further, That no later

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

24 in excess of this reserve limitation shall be transferred to

25 the Treasury: Provided further, That such franchise fund
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1 pilot shall terminate pursuant to section 403(f) of Public

2 Law 103–356.

3 ADMINISTRATIVE PROVISIONS

4 (INCLUDING TRANSFER OF FUNDS)

5 SEC. 101. Any appropriation for 1997 for ‘‘Com6 pensation and pensions’’, ‘‘Readjustment benefits’’, and

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

8 to any other of the mentioned appropriations.

9 SEC. 102. Appropriations available to the Depart10 ment of Veterans Affairs for 1997 for salaries and ex11 penses shall be available for services authorized by 5

12 U.S.C. 3109.

13 SEC. 103. No appropriations in this Act for the De14 partment of Veterans Affairs (except the appropriations

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

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

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

18 construction of any new hospital or home.

19 SEC. 104. No appropriations in this Act for the De20 partment of Veterans Affairs shall be available for hos21 pitalization or examination of any persons (except bene22 ficiaries entitled under the laws bestowing such benefits

23 to veterans, and persons receiving such treatment under

24 5 U.S.C. 7901–7904 or 42 U.S.C. 5141–5204), unless re25 imbursement of cost is made to the ‘‘Medical care’’ ac-
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1 count at such rates as may be fixed by the Secretary of

2 Veterans Affairs.

3 SEC. 105. Appropriations available to the Depart4 ment of Veterans Affairs for fiscal year 1997 for ‘‘Com5 pensation and pensions’’, ‘‘Readjustment benefits’’, and

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

7 for payment of prior year accrued obligations required to

8 be recorded by law against the corresponding prior year

9 accounts within the last quarter of fiscal year 1996.

10 SEC. 106. Appropriations accounts available to the

11 Department of Veterans Affairs for fiscal year 1997 shall

12 be available to pay prior year obligations of corresponding

13 prior year appropriations accounts resulting from title X

14 of the Competitive Equality Banking Act, Public Law

15 100–86, except that if such obligations are from trust

16 fund accounts they shall be payable from ‘‘Compensation

17 and pensions’’.

18 SEC. 107. Notwithstanding any other provision of

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

20 Affairs shall, from the National Service Life Insurance

21 Fund (38 U.S.C. 1920), the Veterans’ Special Life Insur22 ance Fund (38 U.S.C. 1923), and the United States Gov23 ernment Life Insurance Fund (38 U.S.C. 1955), reim24 burse the ‘‘General operating expenses’’ account for the

25 cost of administration of the insurance programs financed
18

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1 through those accounts: Provided, That reimbursement

2 shall be made only from the surplus earnings accumulated

3 in an insurance program in fiscal year 1997, that are

4 available for dividends in that program after claims have

5 been paid and actuarially determined reserves have been

6 set aside: Provided further, That if the cost of administra7 tion of an insurance program exceeds the amount of sur8 plus earnings accumulated in that program, reimburse9 ment shall be made only to the extent of such surplus

10 earnings: Provided further, That the Secretary shall deter11 mine the cost of administration for fiscal year 1997, which

12 is properly allocable to the provision of each insurance pro13 gram and to the provision of any total disability income

14 insurance included in such insurance program.

15 TITLE II

16 DEPARTMENT OF HOUSING AND URBAN

17 DEVELOPMENT

18 HOUSING PROGRAMS

19 ANNUAL CONTRIBUTIONS FOR ASSISTED HOUSING

20 (INCLUDING RESCISSION)

21 For assistance under the United States Housing Act

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

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

24 $140,000,000), to remain available until expended: Pro25 vided, That of the total amount provided under this head,
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1 $4,472,000,000 shall be for assistance under the United

2 States Housing Act of 1937 (42 U.S.C. 1437) for use in

3 connection with expiring or terminating section 8 subsidy

4 contracts of which $875,000,000 shall be available on Sep5 tember 15, 1997: Provided further, That the Secretary

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

7 to housing vouchers during fiscal year 1997: Provided fur8 ther, That of the total amount provided under this head,

9 $800,000,000 (reduced by $140,000,000) shall be for

10 amendments to section 8 contracts other than contracts

11 for projects developed under section 202 of the Housing

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

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

14 thereof 50 per centum of the cash amounts associated with

15 such budget authority, that are recaptured from projects

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

17 Homeless Assistance Amendments Act of 1988 (Public

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

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

20 and such amounts of budget authority or cash recaptured

21 and not rescinded or remitted to the Treasury shall be

22 used by State housing finance agencies or local govern23 ments or local housing agencies with projects approved by

24 the Secretary of Housing and Urban Development for
20

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1 which settlement occurred after January 1, 1992, in ac2 cordance with such section.

3 HOUSING FOR SPECIAL POPULATIONS: ELDERLY AND

4 DISABLED

5 For capital advances, including amendments to cap6 ital advance contracts, and for project rental assistance

7 and amendments thereto, for Supportive Housing for the

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

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

10 to remain available until expended.

11 For capital advances, including amendments to cap12 ital advance contracts, and for project rental assistance

13 and amendments thereto, for Supportive Housing for Per14 sons with Disabilities under section 811 of the Cranston15 Gonzalez National Affordable Housing Act, $174,000,000

16 (increased by $40,000,000), to remain available until ex17 pended, of which 25 percent shall be used for tenant-based

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

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

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

21 The Secretary may waive any provision of section 202

22 of the Housing Act of 1959 and section 811 of the Cran23 ston-Gonzalez National Affordable Housing Act (including

24 the provisions governing the terms and conditions of

25 project rental assistance) that the Secretary determines is

26 not necessary to achieve the objectives of these programs,
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1 or that otherwise impedes the ability to develop, operate

2 or administer projects assisted under these programs, and

3 may make provision for alternative conditions or terms

4 where appropriate.

5 FLEXIBLE SUBSIDY FUND

6 (INCLUDING TRANSFER OF FUNDS)

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

8 National Housing Act, as amended, all uncommitted bal9 ances of excess rental charges as of September 30, 1996,

10 and any collection during fiscal year 1997, shall be trans11 ferred, as authorized under such section, to the fund au12 thorized under section 201(j) of the Housing and Commu13 nity Development Amendments of 1978, as amended.

14 RENTAL HOUSING ASSISTANCE

15 (RESCISSION)

16 The limitation otherwise applicable to the maximum

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

18 contracts entered into under section 236 of the National

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

20 1997 by not more than $2,000,000 in uncommitted bal21 ances of authorizations provided for this purpose in appro22 priations Acts.
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1 PUBLIC AND INDIAN HOUSING

2 HOUSING CERTIFICATE FUND

3 For tenant-based assistance under section 8 of the

4 United States Housing Act of 1937 (42 U.S.C. 1437f),

5 as amended, $166,000,000, to remain available until ex6 pended: Provided, That of the total amount provided

7 under this head, $50,000,000 shall be for nonelderly dis8 abled families relocating pursuant to designation of a pub9 lic housing development under section 7 of such Act: Pro10 vided further, That the remainder of the amount provided

11 under this head shall be used only for housing assistance

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

13 for assistance under the Low Income Housing Preserva14 tion and Resident Homeownership Act of 1990

15 (LIHPRHA) or the Emergency Low-Income Housing

16 Preservation Act of 1987 (ELIHPA) in accordance with

17 the terms and conditions of the tenth and eleventh provi18 sos of the second undesignated paragraph under the head

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

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

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

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

23 (relating to portfolio reengineering); or (iv) subject to spe24 cial workout assistance team intervention compliance ac25 tions: Provided further, That notwithstanding any other
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1 provision of law, a public housing agency administering

2 certificate or voucher assistance provided under subsection

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

4 of 1937, as amended, shall delay for 3 months, the use

5 of any amounts of such assistance (or the certificate or

6 voucher representing assistance amounts) made available

7 by the termination during fiscal year 1997 of such assist8 ance on behalf of any family for any reason, but not later

9 than October 1, 1997, with the exception of any certifi10 cates assigned or committed to project-based assistance as

11 permitted otherwise by the Act, accomplished prior to the

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

13 8(c)(2)(A) of the United States Housing Act of 1937, as

14 amended (42 U.S.C. 1437f(c)(2)(A)) is further amend15 ed—

16 (1) in the third sentence by inserting ‘‘and fis17 cal year 1997’’ after ‘‘1995’’; and

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

19 year 1997’’ after ‘‘1995’’.

20 PUBLIC HOUSING OPERATING FUND

21 For payments to public housing agencies and Indian

22 housing authorities for operating subsidies for low-income

23 housing projects as authorized by section 9 of the United

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

25 1437g), $2,850,000,000.
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1 PUBLIC HOUSING CAPITAL FUND

2 (INCLUDING TRANSFERS OF FUNDS)

3 For the Public Housing Capital Fund program under

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

5 U.S.C. 1437), $2,700,000,000, to remain available until

6 expended, of which $2,415,000,000 shall be for mod7 ernization of existing public housing projects;

8 $200,000,000 for Indian Housing Development;

9 $50,000,000 for grants to public housing agencies (includ10 ing Indian housing authorities), nonprofit corporations,

11 and other appropriate entities for a supportive services

12 program to assist residents of public and assisted housing,

13 former residents of such housing receiving tenant-based

14 assistance under section 8 of such Act, and other low-in15 come families and individuals, principally for the benefit

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

17 $20,000,000 for technical assistance for the inspection of

18 public housing units, contract expertise, and training and

19 technical assistance directly or indirectly, under grants,

20 contracts, or cooperative agreements, to assist in the over21 sight and management of public and Indian housing

22 (whether or not the housing is being modernized with as23 sistance under this proviso) or tenant-based assistance, in24 cluding, but not limited to, an annual resident survey,

25 data collection and analysis, training and technical assist-
25

HR 3666 RS

1 ance by or to officials and employees of the department

2 and of public housing agencies and to residents in connec3 tion with the public and Indian housing program or for

4 carrying out activities under section 6(j) of the Act;

5 $10,000,000 for the Tenant Opportunity Program; and

6 $5,000,000 for the Jobs-Plus Demonstration for Public

7 Housing families: Provided, That all obligated and unobli8 gated balances as of the end of fiscal year 1996 heretofore

9 provided for the development or acquisition costs of public

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

11 modernization of existing public housing projects (includ12 ing such projects for Indian families), for public and In13 dian housing amendments, for modernization and develop14 ment technical assistance, for lease adjustments for the

15 section 23 program, and for the Family Investment Cen16 ters program shall be transferred to amounts made avail17 able under this heading.

18 REVITALIZATION OF SEVERELY DISTRESSED PUBLIC

19 HOUSING (HOPE VII)

20 For grants to public housing agencies for assisting

21 in the demolition of obsolete public housing projects or

22 portions thereof, the revitalization (where appropriate) of

23 sites (including remaining public housing units) on which

24 such projects are located, replacement housing which will

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

26 and tenant-based assistance in accordance with section 8
26

HR 3666 RS

1 of the United States Housing Act of 1937; and for provid2 ing replacement housing and assisting tenants to be dis3 placed by the demolition, $550,000,000, to remain avail4 able until expended, of which the Secretary may use up

5 to $2,500,000 for technical assistance, to be provided di6 rectly or indirectly by grants, contracts or cooperative

7 agreements, including training and cost of necessary travel

8 for participants in such training, by or to officials and em9 ployees of the Department and of public housing agencies

10 and to residents: Provided, That, notwithstanding any

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

12 Housing Authority of New Orleans under HOPE VI for

13 purposes of Desire Homes, shall not be obligated or ex14 pended for on-site construction until an independent third

15 party has determined whether the site is appropriate.

16 DRUG ELIMINATION GRANTS FOR LOW-INCOME HOUSING

17 (INCLUDING TRANSFER OF FUNDS)

18 For grants to public and Indian housing agencies for

19 use in eliminating crime in public housing projects author20 ized by 42 U.S.C. 11901–11908, for grants for federally

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

22 11909, and for drug information clearinghouse services

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

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

25 shall be for grants, technical assistance, contracts and
27

HR 3666 RS

1 other assistance training, program assessment, and execu2 tion for or on behalf of public housing agencies and resi3 dent organizations (including the cost of necessary travel

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

5 shall be used in connection with efforts to combat violent

6 crime in public and assisted housing under the Operation

7 Safe Home program administered by the Inspector Gen8 eral of the Department of Housing and Urban Develop9 ment, and $5,000,000 of which shall be transferred to the

10 Office of Inspector General for Operation Safe Home: Pro11 vided, That the term ‘‘drug-related crime’’, as defined in

12 42 U.S.C. 11905(2), shall also include other types of

13 crime as determined by the Secretary.

14 DEVELOPMENT OF ADDITIONAL NEW SUBSIDIZED HOUSING

15 For assistance for the purchase, construction, acquisi16 tion, or development of additional public and subsidized

17 housing units for low income families under the United

18 States Housing Act of 1937, as amended (‘‘the Act’’ herein)

19 (42 U.S.C. 1437), not otherwise provided for, $969,000,000,

20 to remain available until expended: Provided, That of the

21 total amount provided under this head, $595,000,000 shall

22 be for capital advances, including amendments to capital

23 advance contracts, for housing for the elderly, as authorized

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

25 and for project rental assistance, and amendments to con26 tracts for project rental assistance, for supportive housing
28

HR 3666 RS

1 for the elderly under section 202(c)(2) of the Housing Act

2 of 1959; and $174,000,000 shall be for capital advances,

3 including amendments to capital advance contracts, for

4 supportive housing for persons with disabilities, as author5 ized by section 811 of the Cranston-Gonzalez National Af6 fordable Housing Act; and for project rental assistance, and

7 amendments to contracts for project rental assistance, for

8 supportive housing for persons with disabilities as author9 ized by section 811 of the Cranston-Gonzalez National Af10 fordable Housing Act: Provided further, That the Secretary

11 may designate up to 25 percent of the amounts earmarked

12 under this paragraph for section 811 of the Cranston-Gon13 zalez National Affordable Housing Act for tenant-based as14 sistance, as authorized under that section, which assistance

15 is five years in duration: Provided further, That the Sec16 retary may waive any provision of section 202 of the Hous17 ing Act of 1959 and section 811 of the National Affordable

18 Housing Act (including the provisions governing the terms

19 and conditions of project rental assistance and tenant-based

20 assistance) that the Secretary determines is not necessary

21 to achieve the objectives of these programs, or that otherwise

22 impedes the ability to develop, operate or administer

23 projects assisted under these programs, and may make pro24 vision for alternative conditions or terms where appro25 priate: Provided further, That of the total amount provided
29

HR 3666 RS

1 under this head, $200,000,000 shall be for the development

2 or acquisition cost of public housing for Indian families,

3 including amounts for housing under the mutual help

4 homeownership opportunity program under section 202 of

5 the Act (42 U.S.C. 1437bb).

6 PREVENTION OF RESIDENT DISPLACEMENT

7 For activities and assistance to prevent the involun8 tary displacement of low-income families, the elderly and

9 the disabled because of the loss of affordable housing stock,

10 expiration of subsidy contracts or expiration of use restric11 tions, or other changes in housing assistance arrangements,

12 $4,775,000,000, to remain available until expended: Pro13 vided, That of the total amount provided under this head,

14 $3,800,000,000 shall be for assistance under the United

15 States Housing Act of 1937 (42 U.S.C. 1437) for use in

16 connection with expiring or terminating section 8 subsidy

17 contracts: Provided further, That the Secretary may deter18 mine not to apply section 8(o)(6)(B) of the Act to housing

19 vouchers during fiscal year 1997: Provided further, That

20 of the total amount provided under this head, $800,000,000

21 shall be for amendments to section 8 contracts other than

22 contracts for projects developed under section 202 of the

23 Housing Act of 1959, as amended: Provided further, That

24 of the total amount provided under this head, $175,000,000

25 shall be for assistance under the United States Housing Act

26 of 1937 (42 U.S.C. 1437) for nonelderly disabled families
30

HR 3666 RS

1 relocating pursuant to designation of a public housing de2 velopment under section 7 of such Act, for a demonstration

3 linking housing assistance to State welfare reform initia4 tives to help families make the transition from welfare to

5 work and for housing assistance for relocating residents of

6 properties (i) that are owned by the Secretary and being

7 disposed of; (ii) that are discontinuing section 8 project8 based assistance; or (iii) subject to special workout assist9 ance team intervention compliance actions.

10 PRESERVING EXISTING HOUSING INVESTMENT

11 For operating, maintaining, revitalizing, rehabilitat12 ing, preserving, and protecting existing housing develop13 ments for low income families, the elderly and the disabled,

14 $6,590,000,000, to remain available until expended: Pro15 vided, That of the total amount made available under this

16 head, $2,900,000,000 shall be available for payments to

17 public housing agencies and Indian housing authorities for

18 operating subsidies for low-income housing projects as au19 thorized by section 9 of the United States Housing Act of

20 1937, as amended (42 U.S.C. 1437g): Provided further,

21 That of the total amount made available under this head,

22 $2,500,000,000 shall be available for modernization of exist23 ing public housing projects as authorized under section 14

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

25 U.S.C. 1437l): Provided further, That of the total amount

26 made available under this head, $550,000,000 shall be for
31

HR 3666 RS

1 grants to public housing agencies for assisting in the demo2 lition of obsolete public housing projects or portions thereof,

3 the revitalization (where appropriate) of sites (including re4 maining public housing units) on which such projects are

5 located, replacement housing which will avoid or lessen con6 centrations of very low-income families, and tenant-based

7 assistance in accordance with section 8 of the United States

8 Housing Act of 1937; and for providing replacement hous9 ing and assisting tenants to be displaced by the demolition,

10 of which the Secretary may use up to $2,500,000 for tech11 nical assistance, to be provided directly or indirectly by

12 grants, contracts or cooperative agreements, including

13 training and cost of necessary travel for participants in

14 such training, by or to officials and employees of the De15 partment and of public housing agencies and to residents:

16 Provided further, That of the total amount provided under

17 this head, $350,000,000 plus amounts recaptured from in18 terest reduction payment contracts for section 236 projects

19 whose owners prepay their mortgages during fiscal year

20 1997 (which amounts shall be transferred and merged with

21 this account), shall be for use in conjunction with properties

22 that are eligible for assistance under the Low Income Hous23 ing Preservation and Resident Homeownership Act of 1990

24 (LIHPRHA) or the emergency Low-Income Housing Pres25 ervation Act of 1987 (ELIHPA): Provided further, That the
32

HR 3666 RS

1 Secretary may continue to impose a moratorium on the ac2 ceptance of initial notices of intent by potential recipients

3 of such funding: Provided further, That funding shall be

4 limited to: (1) tenant-based assistance under the terms of

5 the tenth and eleventh provisos of the second undesignated

6 paragraph under the ‘‘Annual Contributions for Assisted

7 Housing’’ head of the Departments of Veterans Affairs and

8 Housing and Urban Development, and Independent Agen9 cies Appropriations Act, 1996; (2) plans of action for sales

10 of projects to nonprofit organizations, tenant-sponsored or11 ganizations and other priority purchasers; (3) projects that

12 are subject to a repayment or settlement agreement that was

13 executed between the owner and the Secretary prior to Sep14 tember 1, 1995; (4) projects for which submissions were de15 layed as a result of their location in areas that were des16 ignated as a Federal disaster area in a Presidential Disas17 ter Declaration; and (5) projects whose processing was, in

18 fact, or in practical effect, suspended, deferred, or inter19 rupted for a period of nine months or more because of differ20 ing interpretations, by the Secretary and an owner concern21 ing the timing of the ability of an uninsured section 236

22 property to prepay or by the Secretary and a State or local

23 rent regulatory agency, concerning the effect of a presump24 tively applicable State or local rent control law or regula25 tion on the determination of preservation value under sec-
33

HR 3666 RS

1 tion 213 of LIHPRHA, as amended, if the owner of such

2 project filed a notice of intent to extend the low-income af3 fordability restrictions of the housing, or transfer to a quali4 fied purchaser who would extend such restrictions, on or

5 before November 1, 1993: Provided further, That priority

6 shall be given to funding tenant-based assistance under the

7 terms of the tenth and eleventh provisos of the second undes8 ignated paragraph under the ‘‘Annual Contributions for

9 Assisted Housing’’ head of the Departments of Veterans Af10 fairs and Housing and Urban Development, and Independ11 ent Agencies Appropriations Act, 1996, and plans of action

12 for sales of projects to nonprofit organizations, tenant-spon13 sored organizations, and other priority purchasers: Pro14 vided further, That the Secretary may give priority to fund15 ing approved plans of action for the following projects: (1)

16 projects that are subject to a repayment or settlement agree17 ment that was executed between the owner and the Secretary

18 prior to September 1, 1995; (2) projects for which submis19 sions were delayed as a result of their location in areas

20 that were designated as a Federal disaster area in a Presi21 dential Disaster Declaration; and (3) projects whose proc22 essing was, in fact, or in practical effect, suspended, de23 ferred, or interrupted for a period of nine months or more

24 because of differing interpretations, by the Secretary and

25 an owner concerning the timing of the ability of an unin-
34

HR 3666 RS

1 sured section 236 property to prepay or by the Secretary

2 and a State or local rent regulatory agency, concerning the

3 effect of a presumptively applicable State or local rent con4 trol law or regulation on the determination of preservation

5 value under section 213 of LIHPRHA, as amended, if the

6 owner of such project filed a notice of intent to extend the

7 low-income affordability restrictions of the housing, or

8 transfer to a qualified purchaser who would extend such

9 restrictions, on or before November 1, 1993: Provided fur10 ther, That section 241(f) of the National Housing Act is

11 repealed and insurance under such section shall not be of12 fered as an incentive under LIHPRHA and ELIHPA: Pro13 vided further, That a capital loan may be provided as an

14 incentive under LIHPRHA or ELIHPA on such terms and

15 conditions as the Secretary may prescribe: Provided further,

16 That the following provisos under the second undesignated

17 heading under the ‘‘Annual Contributions for Assisted

18 Housing’’ head of the Departments of Veterans Affairs and

19 Housing and Urban Development, and Independent Agen20 cies Appropriations Act, 1996 shall continue in effect: the

21 fourth proviso, the sixth proviso, the seventh proviso, the

22 ninth proviso, the tenth proviso, the eleventh proviso, and

23 the twelfth proviso: Provided further, That notwithstanding

24 any other provision of law, effective October 1, 1997, the

25 Secretary shall suspend further funding of plans of action:
35

HR 3666 RS

1 Provided further, That of the total amount provided under

2 this head $290,000,000 shall be for grants to public and

3 Indian housing agencies for use in eliminating crime in

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

5 11908, for grants for federally assisted low-income housing

6 authorized by 42 U.S.C. 11909, and for drug information

7 clearinghouse services authorized by 42 U.S.C. 11921–

8 11925, of which $10,000,000 shall be for grants, technical

9 assistance, contracts and other assistance training, pro10 gram assessment, and execution for or on behalf of public

11 housing agencies and resident organizations (including the

12 cost of necessary travel for participants in such training),

13 up to $5,000,000 of which may be used in connection with

14 efforts to combat violent crime in public and assisted hous15 ing under the Operation Safe Home program administered

16 by the Inspector General of the Department of Housing and

17 Urban Development, and up to $5,000,000 of which may

18 be provided to the Office of Inspector General for Operation

19 Safe Home: Provided further, That the term ‘‘drug-related

20 crime’’, as defined in 42 U.S.C. 11905(2), shall also include

21 other types of crime as determined by the Secretary: Pro22 vided further, That notwithstanding section 5130(c) of the

23 Anti-Drug Abuse Act of 1988 (42 U.S.C. 11909(c)), the Sec24 retary may determine not to use any such funds to provide

25 public housing youth sports grants.
36

HR 3666 RS

1 INDIAN HOUSING LOAN GUARANTEE FUND PROGRAM

2 ACCOUNT

3 For the cost of guaranteed loans, as authorized by

4 section 184 of the Housing and Community Development

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

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

7 shall be as defined in section 502 of the Congressional

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

9 these funds are available to subsidize total loan principal,

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

11 $36,900,000.

12 COMMUNITY PLANNING AND DEVELOPMENT

13 COMMUNITY DEVELOPMENT BLOCK GRANTS FUND

14 (INCLUDING TRANSFER OF FUNDS)

15 For grants to States and units of general local gov16 ernment and for related expenses, not otherwise provided

17 for, to carry out a community development grants pro18 gram as authorized by title I of the Housing and Commu19 nity Development Act of 1974, as amended (the ‘‘Act’’

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

21 available until September 30, 1999, of which

22 $300,000,000 shall become available for obligation on

23 September 30, 1997, and of which $61,400,000

24 $68,500,000 shall be for grants to Indian tribes notwith25 standing section 106(a)(1) of the Act: Provided, That
37

HR 3666 RS

1 $2,100,000 shall be available as a grant to the Housing

2 Assistance Council, $1,000,000 $1,500,000 shall be avail3 able as a grant to the National American Indian Housing

4 Council, and $49,000,000 shall be available for grants

5 pursuant to section 107 of such Act, including up to

6 $14,000,000 for the development and operation of a man7 agement information system: Provided further, That not

8 to exceed 20 percent of any grant made with funds appro9 priated herein (other than a grant made available under

10 the preceding proviso to the Housing Assistance Council

11 or the National American Indian Housing Council, or a

12 grant using funds under section 107(b)(3) of the Housing

13 and Community Development Act of 1974, as amended)

14 shall be expended for ‘‘Planning and Management Devel15 opment’’ and ‘‘Administration’’ as defined in regulations

16 promulgated by the Department: Provided further, That

17 for fiscal year 1997 and thereafter, section 105(a)(25) of

18 such Act, shall continue to be effective and the termination

19 and conforming provisions of section 907(b)(2) of the

20 Cranston-Gonzalez National Affordable Housing Act shall

21 not be effective: Provided further, That section 916(f) of

22 the Cranston-Gonzalez National Affordable Housing Act

23 is repealed.

24 Of the amount provided under this heading, the Sec25 retary of Housing and Urban Development may use up to
38

HR 3666 RS

1 $50,000,000 for grants to public housing agencies (includ2 ing Indian housing authorities), nonprofit corporations,

3 and other appropriate entities for a supportive services pro4 gram to assist residents of public and assisted housing,

5 former residents of such housing receiving tenant-based as6 sistance under section 8 of such Act (42 U.S.C. 1437f), and

7 other low-income families and individuals to become self8 sufficient: Provided, That the program shall provide sup9 portive services, principally for the benefit of public housing

10 residents, to the elderly and the disabled, and to families

11 with children where the head of household would benefit

12 from the receipt of supportive services and is working, seek13 ing work, or is preparing for work by participating in job

14 training or educational programs: Provided further, That

15 the supportive services shall include congregate services for

16 the elderly and disabled, service coordinators, and coordi17 nated educational, training, and other supportive services,

18 including academic skills training, job search assistance,

19 assistance related to retaining employment, vocational and

20 entrepreneurship development and support programs,

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

22 Secretary shall require applications to demonstrate firm

23 commitments of funding or services from other sources: Pro24 vided further, That the Secretary shall select public and In25 dian housing agencies to receive assistance under this head
39

HR 3666 RS

1 on a competitive basis, taking into account the quality of

2 the proposed program (including any innovative ap3 proaches), the extent of the proposed coordination of sup4 portive services, the extent of commitments of funding or

5 services from other sources, the extent to which the proposed

6 program includes reasonably achievable, quantifiable goals

7 for measuring performance under the program over a three8 year period, the extent of success an agency has had in car9 rying out other comparable initiatives, and other appro10 priate criteria established by the Secretary.

11 Of the amount made available under this heading,

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

13 $40,000,000 shall be available for youthbuild program ac14 tivities authorized by subtitle D of title IV of the Cran15 ston-Gonzalez National Affordable Housing Act, as

16 amended, and such activities shall be an eligible activity

17 with respect to any funds made available under this head18 ing.

19 Of the amount made available under this heading,

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

21 shall be available for the lead-based paint hazard reduc22 tion program as authorized under sections 1011 and 1053

23 of the Residential Lead-Based Hazard Reduction Act of

24 1992.
40

HR 3666 RS

1 For the cost of guaranteed loans, $31,750,000, as au2 thorized by section 108 of the Housing and Community

3 Development Act of 1974: Provided, That such costs, in4 cluding the cost of modifying such loans, shall be as de5 fined in section 502 of the Congressional Budget Act of

6 1974, as amended: Provided further, That these funds are

7 available to subsidize total loan principal, any part of

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

9 notwithstanding any aggregate limitation on outstanding

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

11 and Community Development Act of 1974. In addition,

12 for administrative expenses to carry out the guaranteed

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

14 merged with the appropriation for departmental salaries

15 and expenses.

16 HOME INVESTMENT PARTNERSHIPS PROGRAM

17 For the HOME investment partnerships program, as

18 authorized under title II of the Cranston-Gonzalez Na19 tional Affordable Housing Act (Public Law 101–625), as

20 amended, $1,400,000,000, to remain available until ex21 pended: Provided, That $21,000,000 shall be available for

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

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

24 for the development and operation of a management infor25 mation system: Provided further, That $15,000,000 shall
41

HR 3666 RS

1 be available for Housing Counseling under section 106 of

2 the Housing and Urban Development Act of 1968.

3 HOMELESS ASSISTANCE FUNDS

4 For the emergency shelter grants program (as au5 thorized under subtitle B of title IV of the Stewart B.

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

7 as amended); the supportive housing program (as author8 ized under subtitle C of title IV of such Act); the section

9 8 moderate rehabilitation single room occupancy program

10 (as authorized under the United States Housing Act of

11 1937, as amended) to assist homeless individuals pursuant

12 to section 441 of the Stewart B. McKinney Homeless As13 sistance Act; and the shelter plus care program (as au14 thorized under subtitle F of title IV of such Act),

15 $823,000,000, to remain available until expended.

16 HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS

17 (INCLUDING TRANSFER OF FUNDS)

18 For carrying out the Housing Opportunities for Per19 sons with AIDS program, as authorized by the AIDS

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

21 $171,000,000, to remain available until expended: Pro22 vided, That any amounts previously appropriated for such

23 program, and any related assets and liabilities, in the ‘‘An24 nual contributions for assisted housing’’ account, shall be

25 transferred to and merged with amounts in this account.
42

HR 3666 RS

1 FEDERAL HOUSING ADMINISTRATION

2 FHA—MUTUAL MORTGAGE INSURANCE PROGRAM

3 ACCOUNT

4 (INCLUDING TRANSFERS OF FUNDS)

5 During fiscal year 1997, commitments to guarantee

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

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

8 principal of $110,000,000,000: Provided, That during fis9 cal year 1997, the Secretary shall sell assigned mortgage

10 notes having an unpaid principal balance of up to

11 $2,000,000,000, which notes were originally insured under

12 section 203(b) of the National Housing Act: Provided fur13 ther, That the Secretary may use the amount of any nega14 tive subsidy resulting from the sale of such assigned mort15 gage notes during fiscal year 1997 for the purposes in16 cluded under this heading.

17 During fiscal year 1997, obligations to make direct

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

19 National Housing Act, as amended, shall not exceed

20 $200,000,000: Provided, That the foregoing amount shall

21 be for loans to nonprofit and governmental entities in con22 nection with sales of single family real properties owned

23 by the Secretary and formerly insured under section 203

24 of such Act.
43

HR 3666 RS

1 For administrative expenses necessary to carry out

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

3 $350,595,000, to be derived from the FHA-mutual mort4 gage insurance guaranteed loans receipt account, of which

5 not to exceed $334,483,000 $343,483,000 shall be trans6 ferred to the appropriation for departmental salaries and

7 expenses; and of which not to exceed $7,112,000 shall be

8 transferred to the appropriation for the Office of Inspector

9 General.

10 FHA—GENERAL AND SPECIAL RISK PROGRAM ACCOUNT

11 (INCLUDING TRANSFERS OF FUNDS)

12 For the cost of guaranteed loans, as authorized by

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

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

15 guarantee modifications (as that term is defined in section

16 502 of the Congressional Budget Act of 1974, as amend17 ed) $85,000,0000, to remain available until expended:

18 Provided, That these funds are available to subsidize total

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

20 up to $17,400,000,000: Provided further, That during fis21 cal year 1997, the Secretary shall sell assigned notes hav22 ing an unpaid principal balance of up to $2,500,000,000,

23 which notes are held by the Secretary under the General

24 Insurance and Special Risk Insurance funds: Provided fur25 ther, That any amounts made available in any prior appro-
44

HR 3666 RS

1 priations Act for the cost (as such term is defined in sec2 tion 502 of the Congressional Budget Act of 1974) of

3 guaranteed loans that are obligations of the funds estab4 lished under section 238 or 519 of the National Housing

5 Act that have not been obligated or that are deobligated

6 shall be available to the Secretary of Housing and Urban

7 Development in connection with the making of such guar8 antees and shall remain available until expended, notwith9 standing the expiration of any period of availability other10 wise applicable to such amounts.

11 Gross obligations for the principal amount of direct

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

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

14 $120,000,000; of which not to exceed $100,000,000 shall

15 be for bridge financing in connection with the sale of mul16 tifamily real properties owned by the Secretary and for17 merly insured under such Act; and of which not to exceed

18 $20,000,000 shall be for loans to nonprofit and govern19 mental entities in connection with the sale of single-family

20 real properties owned by the Secretary and formerly in21 sured under such Act.

22 In addition, for administrative expenses necessary to

23 carry out the guaranteed and direct loan programs,

24 $202,470,000, of which $198,299,000 $207,470,000, of

25 which $203,299,000 shall be transferred to the appropria-
45

HR 3666 RS

1 tion for departmental salaries and expenses; and of which

2 $4,171,000 shall be transferred to the appropriation for

3 the Office of Inspector General.

4 GOVERNMENT NATIONAL MORTGAGE ASSOCIATION

5 GUARANTEES OF MORTGAGE-BACKED SECURITIES LOAN

6 GUARANTEE PROGRAM ACCOUNT

7 (INCLUDING TRANSFER OF FUNDS)

8 During fiscal year 1997, new commitments to issue

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

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

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

12 For administrative expenses necessary to carry out

13 the guaranteed mortgage-backed securities program,

14 $9,101,000 $9,383,000, to be derived from the GNMA15 guarantees of mortgage-backed securities guaranteed loan

16 receipt account, of which not to exceed $9,101,000

17 $9,383,000 shall be transferred to the appropriation for

18 departmental salaries and expenses.

19 POLICY DEVELOPMENT AND RESEARCH

20 RESEARCH AND TECHNOLOGY

21 For contracts, grants, and necessary expenses of pro22 grams of research and studies relating to housing and

23 urban problems, not otherwise provided for, as authorized

24 by title V of the Housing and Urban Development Act

25 of 1970, as amended (12 U.S.C. 1701z–1 et seq.), includ-
46

HR 3666 RS

1 ing carrying out the functions of the Secretary under sec2 tion 1(a)(1)(i) of Reorganization Plan No. 2 of 1968,

3 $34,000,000, to remain available until September 30,

4 1998.

5 FAIR HOUSING AND EQUAL OPPORTUNITY

6 FAIR HOUSING ACTIVITIES

7 For contracts, grants, and other assistance, not oth8 erwise provided for, as authorized by title VIII of the Civil

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

10 Amendments Act of 1988, and for contracts with qualified

11 fair housing enforcement organizations, as authorized by

12 section 561 of the Housing and Community Development

13 Act of 1987, as amended, $30,000,000, to remain avail14 able until September 30, 1998, of which $15,000,000 shall

15 be to carry out activities pursuant to section 561.

16 MANAGEMENT AND ADMINISTRATION

17 SALARIES AND EXPENSES

18 (INCLUDING TRANSFER OF FUNDS)

19 For necessary administrative and non-administrative

20 expenses of the Department of Housing and Urban Devel21 opment, not otherwise provided for, including not to ex22 ceed $7,000 for official reception and representation ex23 penses, $962,558,000 (reduced by $1,411,000) (reduced

24 by $42,000,000) $976,840,000, of which $532,782,000

25 $546,782,000 shall be provided from the various funds of
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1 the Federal Housing Administration, $9,101,000

2 $9,383,000 shall be provided from funds of the Govern3 ment National Mortgage Association, and $675,000 shall

4 be provided from the Community Development Grants

5 Program account.

6 OFFICE OF INSPECTOR GENERAL

7 (INCLUDING TRANSFER OF FUNDS)

8 For necessary expenses of the Office of Inspector

9 General in carrying out the provisions of the Inspector

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

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

12 the Federal Housing Administration and $5,000,000 shall

13 be provided transferred from the amount earmarked for

14 Operation Safe Home in the Drug elimination grants for

15 low income housing account.

16 OFFICE OF FEDERAL HOUSING ENTERPRISE OVERSIGHT

17 SALARIES AND EXPENSES

18 (INCLUDING TRANSFER OF FUNDS)

19 For carrying out the Federal Housing Enterprise Fi20 nancial Safety and Soundness Act of 1992, $14,895,000

21 $15,751,000, to remain available until expended, from the

22 Federal Housing Enterprise Oversight Fund: Provided,

23 That such amounts shall be collected by the Director as

24 authorized by section 1316(a) and (b) of such Act, and

25 deposited in the Fund under section 1316(f) of such Act.
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1 ADMINISTRATIVE PROVISIONS

2 SEC. 201. MINIMUM RENTS.—Notwithstanding sec3 tion 3(a) and 8(o)(2) of the United States Housing Act

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

5 (1) public housing agencies shall require each

6 family who is assisted under the certificate or mod7 erate rehabilitation program under section 8 of such

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

9 (2) public housing agencies shall reduce the

10 monthly assistance payment on behalf of each family

11 who is assisted under the voucher program under

12 section 8 of such Act so that the family pays a mini13 mum monthly rent of up to $25;

14 (3) with respect to housing assisted under other

15 programs for rental assistance under section 8 of

16 such Act, the Secretary shall require each family

17 who is assisted under such program to pay a mini18 mum monthly rent of up to $25; and

19 (4) public housing agencies shall require each

20 family who is assisted under the public housing pro21 gram (including public housing for Indian families)

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

23 SEC. 201. EXTENDERS.—(a) PUBLIC HOUSING FUND24 ING FLEXIBILITY.—Section 201(a)(2) of the Departments of

25 Veterans Affairs and Housing and Urban Development, and
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1 Independent Agencies Appropriations Act, 1996 is amended

2 by striking ‘‘1996’’ and inserting ‘‘1997’’.

3 (b) ONE-FOR-ONE REPLACEMENT OF PUBLIC AND IN4 DIAN HOUSING.—Section 1002(d) of Public Law 104–19 is

5 amended by striking ‘‘before September 30, 1996’’ and in6 serting ‘‘on or before September 30, 1997’’.

7 (c) PUBLIC AND ASSISTED HOUSING RENTS, INCOME

8 ADJUSTMENTS, AND PREFERENCES.—(1) Section 402(a) of

9 the Balanced Budget Downpayment Act, I is amended by

10 inserting after ‘‘1995’’ the following: ‘‘, and effective for fis11 cal year 1997’’.

12 (2) Section 402(f) of such Act is amended by striking

13 ‘‘fiscal year 1996’’ and inserting ‘‘fiscal years 1996 and

14 1997’’.

15 (3) The second sentence of section 230 of the Depart16 ments of Veterans Affairs and Housing and Urban Develop17 ment, and Independent Agencies Appropriations Act, 1996

18 is amended by inserting before the period the following:

19 ‘‘during the entire time the family receives assistance under

20 the United States Housing Act of 1937’’.

21 (d) APPLICABILITY TO IHAS.—In accordance with

22 section 201(b)(2) of the United States Housing Act of 1937,

23 the amendments made by subsections (a), (b), and (c) shall

24 apply to public housing developed or operated pursuant to
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1 a contract between the Secretary of Housing and Urban De2 velopment and an Indian housing authority.

3 (e) STREAMLINING SECTION 8 TENANT-BASED ASSIST4 ANCE.—Section 203(d) of the Departments of Veterans Af5 fairs and Housing and Urban Development, and Independ6 ent Agencies Appropriations Act, 1996 is amended by strik7 ing ‘‘fiscal year 1996’’ and inserting ‘‘fiscal years 1996 and

8 1997’’.

9 (f) SECTION 8 FAIR MARKET RENTALS AND DELAY IN

10 REISSUANCE.—(1) The first sentence of section 403(a) of

11 the Balanced Budget Downpayment Act, I, is amended by

12 striking ‘‘1996’’ and inserting ‘‘1997’’.

13 (2) Section 403(c) of such Act is amended—

14 (A) by striking ‘‘fiscal year 1996’’ and inserting

15 ‘‘fiscal years 1996 and 1997’’; and

16 (B) by inserting before the semicolon the follow17 ing: ‘‘for assistance made available during fiscal year

18 1996 and October 1, 1997 for assistance made avail19 able during fiscal year 1997’’.

20 (g) SECTION 8 RENT ADJUSTMENTS.—Section

21 8(c)(2)(A) of the United States Housing Act of 1937 is

22 amended—

23 (1) in the third sentence by inserting ‘‘, fiscal

24 year 1996 prior to April 26, 1996, and fiscal year

25 1997’’ after ‘‘1995’’;
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1 (2) in the fourth sentence, by striking ‘‘For’’ and

2 inserting ‘‘Except for assistance under the certificate

3 program, for’’;

4 (3) after the fourth sentence, by inserting the fol5 lowing new sentence: ‘‘In the case of assistance under

6 the certificate program, 0.01 shall be subtracted from

7 the amount of the annual adjustment factor (except

8 that the factor shall not be reduced to less than 1.0),

9 and the adjusted rent shall not exceed the rent for a

10 comparable unassisted unit of similar quality, type,

11 and age in the market area.’’; and

12 (4) in the last sentence, by—

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

14 sentences’’; and

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

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

17 ‘‘1995’’.

18 SEC. 202. ADMINISTRATIVE FEES.—Notwithstand19 ing section 8(q) of the United States Housing Act of 1937,

20 as amended—

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

22 administering the certificate, voucher and moderate reha23 bilitation programs.

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

25 month for which a dwelling unit is covered by an as-
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1 sistance contract shall be 7.5 percent of the base

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

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

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

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

6 each additional unit above 600.

7 (B) The base amount shall be the higher of—

8 (i) the fair market rental for fiscal year

9 1993 for a 2-bedroom existing rental dwelling

10 unit in the market area of the agency; and

11 (ii) such fair market rental for fiscal year

12 1994, but not more than 103.5 percent of the

13 amount determined under clause (i).

14 (C) The base amount shall be adjusted to re15 flect changes in the wage data or other objectively

16 measurable data that reflect the costs of administer17 ing the program during fiscal year 1996; except that

18 the Secretary may require that the base amount be

19 not less than a minimum amount and not more than

20 a maximum amount.

21 (2) For subsequent fiscal years, the Secretary

22 shall publish a notice in the Federal Register, for

23 each geographic area, establishing the amount of the

24 fee that would apply for the agencies administering

25 the program, based on changes in wage data or
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1 other objectively measurable data that reflect the

2 cost of administering the program, as determined by

3 the Secretary.

4 (3) The Secretary may increase the fee if nec5 essary to reflect higher costs of administering small

6 programs and programs operating over large geo7 graphic areas.

8 (4) The Secretary may decrease the fee for

9 PHA-owned units.

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

11 Secretary shall also establish reasonable fees (as deter12 mined by the Secretary) for—

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

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

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

16 assistance program under the United States Hous17 ing Act of 1937 and only if, immediately before the

18 effective date of this Act, it was not administering

19 a tenant-based assistance program under the 1937

20 Act (as in effect immediately before the effective

21 date of this Act), in connection with its initial incre22 ment of assistance received;

23 (2) the costs incurred in assisting families who

24 experience difficulty (as determined by the Sec-
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1 retary) in obtaining appropriate housing under the

2 program; and

3 (3) extraordinary costs approved by the Sec4 retary.

5 SEC. 203. SINGLE FAMILY ASSIGNMENT PRO6 GRAM.—Section 407(c) of the Balanced Budget Downpay7 ment Act, I (12 U.S.C. 1710 note), is amended by striking

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

9 SEC. 204. FLEXIBLE AUTHORITY.—During fiscal

10 year 1997 and fiscal years thereafter, the Secretary may

11 manage and dispose of multifamily properties owned by

12 the Secretary and multifamily mortgages held by the Sec13 retary on such terms and conditions as the Secretary may

14 determine, notwithstanding any other provision of law.

15 SEC. 205. USE OF AVAILABLE FUNDING FOR HOME16 OWNERSHIP.—Up to $20,000,000 of amounts of unobligated

17 balances that are or become available from the Nehemiah

18 Housing Opportunity Grant program, repealed under sec19 tion 289(b) of the Cranston-Gonzalez National Affordable

20 Housing Act, Public Law 101–625, shall be available for

21 use for activities relating to promotion and implementation

22 of homeownership in targeted geographic areas, as deter23 mined by the Secretary.

24 SEC. 206. DEBT FORGIVENESS.—The Secretary of

25 Housing and Urban Development shall cancel the indebted-
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1 ness of the Greene County Rural Health Center relating to

2 a loan received under the Public Facility Loan program

3 to establish the health center (Loan #Mis–22–PFL0096).

4 The Greene County Rural Health Center is hereby relieved

5 of all liability to the Federal Government for such loan and

6 any fees and charges payable in connection with such loan.

7 SEC. 207. FLEXIBLE SUBSIDY FUND.—From the fund

8 established by section 236(g) of the National Housing Act,

9 as amended, all uncommitted balances of excess rental

10 charges as of September 30, 1996, and any collection during

11 fiscal year 1997, shall be transferred, as authorized under

12 such section, to the fund authorized under section 201(j)

13 of the Housing and Community Development Amendments

14 of 1978, as amended.

15 SEC. 208. RENTAL HOUSING ASSISTANCE.—The limi16 tation otherwise applicable to the maximum payments that

17 may be required in any fiscal year by all contracts entered

18 into under section 236 of the National Housing Act (12

19 U.S.C. 1715z–1) is reduced in fiscal year 1997 by not more

20 than $2,000,000 in uncommitted balances of authorizations

21 provided for this purpose in appropriations Acts.

22 SEC. 209. D.C. MODERNIZATION FUNDING.—Notwith23 standing the provisions of section 14(k)(5)(D) of the United

24 States Housing Act of 1937, the withheld modernization

25 funds that became credited in fiscal years 1993, 1994 and
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1 1995, due to the troubled status of the former Department

2 of Public and Assisted Housing of the District of Columbia,

3 shall be made available without diminution to its successor,

4 the District of Columbia Housing Authority, at such time

5 between the effective date of this Act and the end of fiscal

6 year 1998 as the District of Columbia Housing Authority

7 is no longer deemed ‘‘mod-troubled’’ under section

8 6(j)(2)(A)(i) of such Act; after fiscal year 1998, the District

9 of Columbia Housing Authority shall become subject to the

10 provisions of section 14(k)(5)(D) of such Act should it re11 main mod-troubled.

12 SEC. 210. FINANCING ADJUSTMENT FACTORS.—Fifty

13 per centum of the amounts of budget authority, or in lieu

14 thereof 50 per centum of the cash amounts associated with

15 such budget authority, that are recaptured from projects de16 scribed in section 1012(a) of the Stewart B. McKinney

17 Homeless Assistance Amendments Act of 1988 (Public Law

18 100–628, 102 Stat. 3224, 3268) shall be rescinded, or in

19 the case of cash, shall be remitted to the Treasury, and such

20 amounts of budget authority or cash recaptured and not

21 rescinded or remitted to the Treasury shall be used by State

22 housing finance agencies or local governments or local hous23 ing agencies with projects approved by the Secretary of

24 Housing and Urban Development for which settlement oc-
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1 curred after January 1, 1992, in accordance with such sec2 tion.

3 SEC. 211. SECTION 8 CONTRACT RENEWALS.—(a) AU4 THORITY.—Notwithstanding section 405(a) of Public Law

5 104–99, for fiscal year 1997, the Secretary of Housing and

6 Urban Development may use amounts available for the re7 newal of assistance under section 8 of the United States

8 Housing Act of 1937, upon termination or expiration of

9 a contract for assistance under section 8 (other than a con10 tract for tenant-based assistance) to provide assistance

11 under section 8, at rent levels not to exceed the lesser of

12 (1) the rents in effect upon termination or expiration, or

13 (2) comparable market rents, for the eligible families as14 sisted under the contracts at expiration or termination but,

15 in no case may rents be increased to comparable market

16 rents. The contract term of such renewal of assistance shall

17 not exceed one year. In the case of any project assisted

18 under section 8, not insured under the National Housing

19 Act, and for which the original primary financing was pro20 vided by a public agency and remains outstanding, contract

21 rents shall be renewed at the rents in effect upon termi22 nation or expiration of the contract. Such assistance shall

23 be in accordance with terms and conditions prescribed by

24 the Secretary. The Secretary may approve assisted rents in

25 excess of market rents (but not more than the rents in effect
58

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1 upon termination or expiration) for a particular housing

2 project, but only if and to the extent that the Secretary finds

3 that market rents are not sufficient to cover debt service

4 and reasonable operating expenses for that project, taking

5 into account reasonable operating costs for similar prop6 erties.

7 (b) REPEAL.—The sentence immediately preceding sec8 tion 8(w) of the United States Housing Act of 1937 (42

9 U.S.C. 1437f(w)) is hereby repealed.

10 SEC. 212. FHA MULTIFAMILY DEMONSTRATION.—

11 Section 210(f) of the Departments of Veterans Affairs and

12 Housing and Urban Development and Independent Agen13 cies Appropriations Act, 1996 (Public Law 104–134, 110

14 Stat. 1321, April 26, 1996) is amended (1) by striking out

15 ‘‘$30,000,000’’ and inserting ‘‘$40,000,000’’ in lieu thereof,

16 and (2) by inserting the following new proviso before the

17 period: ‘‘: Provided further, That not less than $10,000,000

18 of the amount appropriated by this subsection shall be

19 available for reducing monthly debt service costs by offering

20 owners secondary mortgages on deferred payment terms’’.

21 SEC. 213. HAWAIIAN HOME LANDS.—Section 282 of

22 the Cranston-Gonzalez National Affordable Housing Act (42

23 U.S.C. 12832) is amended by adding at the end the follow24 ing new sentence: ‘‘The Secretary may waive this section

25 in connection with the use of funds made available under
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1 this title on lands set aside under the Hawaiian Homes

2 Commission Act, 1920 (42 Stat. 108).’’.

3 TITLE III

4 INDEPENDENT AGENCIES

5 AMERICAN BATTLE MONUMENTS COMMISSION

6 SALARIES AND EXPENSES

7 For necessary expenses, not otherwise provided for,

8 of the American Battle Monuments Commission, including

9 the acquisition of land or interest in land in foreign coun10 tries; purchases and repair of uniforms for caretakers of

11 national cemeteries and monuments outside of the United

12 States and its territories and possessions; rent of office

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

14 replacement only) and hire of passenger motor vehicles;

15 and insurance of official motor vehicles in foreign coun16 tries, when required by law of such countries;

17 $22,265,000, to remain available until expended: Pro18 vided, That where station allowance has been authorized

19 by the Department of the Army for officers of the Army

20 serving the Army at certain foreign stations, the same al21 lowance shall be authorized for officers of the Armed

22 Forces assigned to the Commission while serving at the

23 same foreign stations, and this appropriation is hereby

24 made available for the payment of such allowance: Pro25 vided further, That when traveling on business of the Com-
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1 mission, officers of the Armed Forces serving as members

2 or as Secretary of the Commission may be reimbursed for

3 expenses as provided for civilian members of the Commis4 sion: Provided further, That the Commission shall reim5 burse other Government agencies, including the Armed

6 Forces, for salary, pay, and allowances of personnel as7 signed to it.

8 DEPARTMENT OF THE TREASURY

9 COMMUNITY DEVELOPMENT FINANCIAL INSTITUTIONS

10 COMMUNITY DEVELOPMENT FINANCIAL INSTITUTIONS

11 FUND PROGRAM ACCOUNT

12 For grants, loans, and technical assistance to qualify13 ing community development lenders, and administrative

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

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

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

17 be used for administrative expenses to carry out the direct

18 loan program: Provided, That the cost of direct loans, in19 cluding the cost of modifying such loans, shall be as de20 fined in section 502 of the Congressional Budget Act of

21 1974: Provided further, That not more than $19,400,000

22 of the funds made available under this heading may be

23 used for programs and activities authorized in section 114

24 of the Community Development Banking and Financial

25 Institutions Act of 1994.
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1 CONSUMER PRODUCT SAFETY COMMISSION

2 SALARIES AND EXPENSES

3 For necessary expenses of the Consumer Product

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

6 rates for individuals not to exceed the per diem rate equiv7 alent to the rate for GS–18, purchase of nominal awards

8 to recognize non-Federal officials’ contributions to Com9 mission activities, and not to exceed $500 for official re10 ception and representation expenses, $42,500,000.

11 CORPORATION FOR NATIONAL AND COMMUNITY SERVICE

12 NATIONAL AND COMMUNITY SERVICE PROGRAMS

13 OPERATING EXPENSES

14 (INCLUDING TRANSFER OF FUNDS)

15 For necessary expenses for the Corporation for Na16 tional and Community Service (referred to in the matter

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

18 programs, activities, and initiatives under the National

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

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

21 et seq.), $365,000,000 $400,500,000, of which

22 $265,000,000 shall be available for obligation from Sep23 tember 1, 1997, through September 30, 1998: Provided,

24 That not more than $25,000,000 shall be available for ad25 ministrative expenses authorized under section 501(a)(4)
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1 of the Act (42 U.S.C. 12671(a)(4)): Provided further,

2 That not more than $2,500 shall be for official reception

3 and representation expenses: Provided further, That not

4 more than $40,000,000 $59,000,000, to remain available

5 without fiscal year limitation, shall be transferred to the

6 National Service Trust account for educational awards au7 thorized under subtitle D of title I of the Act (42 U.S.C.

8 12601 et seq.): Provided further, That not more than

9 $201,000,000 $215,000,000 of the amount provided under

10 this heading shall be available for grants under the Na11 tional Service Trust program authorized under subtitle C

12 of title I of the Act (42 U.S.C. 12571 et seq.) (relating

13 to activities including the Americorps program), of which

14 not more than $40,000,000 may be used to administer, re15 imburse or support any national service program author16 ized under section 121(d)(2) of such Act (42 U.S.C.

17 12581(d)(2)): Provided further, That not more than

18 $5,000,000 $5,500,000 of the funds made available under

19 this heading shall be made available for the Points of

20 Light Foundation for activities authorized under title III

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

22 That no funds shall be available for national service pro23 grams run by Federal agencies authorized under section

24 121(b) of such Act (42 U.S.C. 12571(b)): Provided fur25 ther, That to the maximum extent feasible, funds appro-
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1 priated in the preceding proviso shall be provided in a

2 manner that is consistent with the recommendations of

3 peer review panels in order to ensure that priority is given

4 to programs that demonstrate quality, innovation,

5 replicability, and sustainability: Provided further, That not

6 more than $17,500,000 $18,000,000 of the funds made

7 available under this heading shall be available for the Ci8 vilian Community Corps authorized under subtitle E of

9 title I of the Act (42 U.S.C. 12611 et seq.): Provided fur10 ther, That not more than $41,500,000 $43,000,000 shall

11 be available for school-based and community-based serv12 ice-learning programs authorized under subtitle B of title

13 I of the Act (42 U.S.C. 12521 et seq.): Provided further,

14 That not more than $30,000,000 shall be available for

15 quality and innovation activities authorized under subtitle

16 H of title I of the Act (42 U.S.C. 12853 et seq.): Provided

17 further, That not more than $5,000,000 shall be available

18 for audits and other evaluations authorized under section

19 179 of the Act (42 U.S.C. 12639): Provided further, That

20 no funds from any other appropriation, or from funds oth21 erwise made available to the Corporation, shall be used

22 to pay for personnel compensation and benefits, travel, or

23 any other administrative expense for the Board of Direc24 tors, the Office of the Chief Executive Officer, the Office

25 of the Managing Director, the Office of the Chief Finan-
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1 cial Officer, the Office of National and Community Service

2 Programs, the Civilian Community Corps, or any field of3 fice or staff of the Corporation working on the National

4 and Community Service or Civilian Community Corps pro5 grams: Provided further, That to the maximum extent

6 practicable, the Corporation shall increase significantly

7 the level of matching funds and in-kind contributions pro8 vided by the private sector, shall expand significantly the

9 number of educational awards provided under subtitle D

10 of title I, and shall reduce the total Federal costs per par11 ticipant in all programs.

12 OFFICE OF INSPECTOR GENERAL

13 For necessary expenses of the Office of Inspector

14 General in carrying out the provisions of the Inspector

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

16 COURT OF VETERANS APPEALS

17 SALARIES AND EXPENSES

18 For necessary expenses for the operation of the Unit19 ed States Court of Veterans Appeals as authorized by 38

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

21 $1,411,000), of which $634,000 $700,000, to remain avail22 able until September 30, 1998, shall be available for the

23 purpose of providing financial assistance as described, and

24 in accordance with the process and reporting procedures

25 set forth, under this heading in Public Law 102–227.
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1 DEPARTMENT OF DEFENSE—CIVIL

2 CEMETERIAL EXPENSES, ARMY

3 SALARIES AND EXPENSES

4 For necessary expenses, as authorized by law, for

5 maintenance, operation, and improvement of Arlington

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

8 motor vehicle for replacement only, and not to exceed

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

10 $11,600,000, to remain available until expended.

11 ENVIRONMENTAL PROTECTION AGENCY

12 SCIENCE AND TECHNOLOGY

13 For science and technology, including research and

14 development activities, which shall include research and

15 development activities under the Comprehensive Environ16 mental Response, Compensation, and Liability Act of

17 1980 (CERCLA), as amended; necessary expenses for per18 sonnel and related costs and travel expenses, including

19 uniforms, or allowances therefore, as authorized by 5

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

21 3109, but at rates for individuals not to exceed the per

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

23 of laboratory equipment and supplies; other operating ex24 penses in support of research and development; construc25 tion, alteration, repair, rehabilitation and renovation of fa-
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1 cilities, not to exceed $75,000 per project, $540,000,000

2 (reduced by $1,500,000) $545,000,000, which shall remain

3 available until September 30, 1998.

4 ENVIRONMENTAL PROGRAMS AND MANAGEMENT

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

7 personnel and related costs and travel expenses, including

8 uniforms, or allowances therefore, as authorized by 5

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

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

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

13 of aircraft; purchase of reprints; library memberships in

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

17 rehabilitation, and renovation of facilities, not to exceed

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

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

20 (increased by $1,500,000) $1,713,000,000, which shall re21 main available until September 30, 1998.

22 OFFICE OF INSPECTOR GENERAL

23 For necessary expenses of the Office of Inspector

24 General in carrying out the provisions of the Inspector

25 General Act of 1978, as amended, and for construction,
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1 alteration, repair, rehabilitation, and renovation of facili2 ties, not to exceed $75,000 per project, $28,500,000.

3 BUILDINGS AND FACILITIES

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

6 or for use by, the Environmental Protection Agency,

7 $107,220,000 $27,220,000, to remain available until ex8 pended:–Provided, That EPA is authorized to establish

9 and construct a consolidated research facility at Research

10 Triangle Park, North Carolina, at a maximum total con11 struction cost of $232,000,000, and to obligate such mon12 ies as are made available by this Act for this purpose: Pro13 vided further, That EPA is authorized to construct such

14 facility through multi-year contracts incrementally funded

15 through appropriations hereafter made available for this

16 project: Provided further, That, notwithstanding the pre17 vious provisos, for monies obligated pursuant to this au18 thority, EPA may not obligate monies in excess of those

19 provided in advance in annual appropriations, and such

20 contracts shall clearly provide for this limitation.

21 HAZARDOUS SUBSTANCE SUPERFUND

22 (INCLUDING TRANSFER OF FUNDS)

23 For necessary expenses to carry out the Comprehen24 sive Environmental Response, Compensation, and Liabil25 ity Act of 1980 (CERCLA), as amended, including sec-
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1 tions 111 (c)(3), (c)(5), (c)(6), and (e)(4) (42 U.S.C.

2 9611), and for construction, alteration, repair, rehabilita3 tion, and renovation of facilities, not to exceed $75,000

4 per project; not to exceed $2,201,200,000 $1,394,245,000

5 (of which $100,000,000 shall not become available until

6 September 1, 1997), to remain available until expended,

7 consisting of $1,951,200,000 $1,144,245,000 as authorized

8 by section 517(a) of the Superfund Amendments and Re9 authorization Act of 1986 (SARA), as amended by Public

10 Law 101–508, and $250,000,000 as a payment from gen11 eral revenues to the Hazardous Substance Superfund as

12 authorized by section 517(b) of SARA, as amended by

13 Public Law 101–508: Provided, That funds appropriated

14 under this heading may be allocated to other Federal

15 agencies in accordance with section 111(a) of CERCLA:

16 Provided further, That $11,000,000 of the funds appro17 priated under this heading shall be transferred to the ‘‘Of18 fice of Inspector General’’ appropriation to remain avail19 able until September 30, 1997: Provided further, That not20 withstanding section 111(m) of CERCLA or any other

21 provision of law, not to exceed $59,000,000 $64,000,000

22 of the funds appropriated under this heading shall be

23 available to the Agency for Toxic Substances and Disease

24 Registry to carry out activities described in sections

25 104(i), 111(c)(4), and 111(c)(14) of CERCLA and section
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1 118(f) of the Superfund Amendments and Reauthoriza2 tion Act of 1986: Provided further, That $35,000,000 of

3 the funds appropriated under this heading shall be trans4 ferred to the ‘‘Science and technology’’ appropriation to

5 remain available until September 30, 1998: Provided fur6 ther, That none of the funds appropriated under this head7 ing shall be available for the Agency for Toxic Substances

8 and Disease Registry to issue in excess of 40 toxicological

9 profiles pursuant to section 104(i) of CERCLA during fis10 cal year 1997:–Provided further, That $861,000,000 of the

11 funds appropriated under this heading shall become avail12 able for obligation only upon the enactment of future ap13 propriations legislation that specifically makes these funds

14 available for obligation: Provided further, That $1,200,000

15 of the funds appropriatated under this heading shall be

16 used by the Agency for Toxic Substances and Disease

17 Registry to conduct a health effects study of the Toms

18 River Cancer Cluster in the Toms River area in the State

19 of New Jersey.

20 LEAKING UNDERGROUND STORAGE TANK TRUST FUND

21 (INCLUDING TRANSFER OF FUNDS)

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

2 $75,000 per project, $46,500,000 (increased by

3 $20,000,000) $60,000,000, to remain available until ex4 pended: Provided, That no more than $7,000,000 shall be

5 available for administrative expenses: Provided further,

6 That $577,000 shall be transferred to the ‘‘Office of In7 spector General’’ appropriation to remain available until

8 September 30, 1997.

9 OIL SPILL RESPONSE

10 (INCLUDING TRANSFER OF FUNDS)

11 For expenses necessary to carry out the Environ12 mental Protection Agency’s responsibilities under the Oil

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

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

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

16 of these funds shall be available for administrative ex17 penses.

18 STATE AND TRIBAL ASSISTANCE GRANTS

19 For environmental programs and infrastructure as20 sistance, including capitalization grants for State revolv21 ing funds and performance partnership grants,

22 $2,768,207,000 $2,815,207,000, to remain available until

23 expended, of which $1,800,000,000 $1,976,000,000 shall

24 be for making capitalization grants for State revolving

25 funds to support water infrastructure financing;
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1 $100,000,000 for architectural, engineering, planning, de2 sign, construction and related activities in connection with

3 the construction of high priority water and wastewater fa4 cilities in the area of the United States-Mexico Border,

5 after consultation with the appropriate border commission;

6 $50,000,000 for grants to the State of Texas, which shall

7 be matched by an equal amount of State funds from State

8 resources, for the purpose of improving wastewater treat9 ment for colonias; $15,000,000 for grants to the State of

10 Alaska subject to an appropriate cost share as determined

11 by the Administrator, to address water supply and

12 wastewater infrastructure needs of rural and Alaska Na13 tive Villages; $129,000,000 for making grants for the con14 struction of wastewater treatment facilities and the devel15 opment of groundwater in accordance with the terms and

16 conditions specified for such grants in the Report accom17 panying this Act; and $674,207,000 for grants to States

18 and federally recognized tribes for multi-media or single

19 media pollution prevention, control and abatement and re20 lated activities pursuant to the provisions set forth under

21 this heading in Public Law 104–134: Provided, That, from

22 funds appropriated under this heading, the Administrator

23 may make grants to federally recognized Indian govern24 ments for the development of multi-media environmental

25 programs: Provided further, That notwithstanding any
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1 other provision of law, beginning in fiscal year 1997 the

2 Administrator may make grants to States, from funds

3 available for obligation in the State under title II of the

4 Federal Water Pollution Control Act, as amended, for ad5 ministering the completion and closeout of the State’s con6 struction grants program, based on a budget annually nego7 tiated with the State: Provided further, That of the

8 $1,800,000,000 $1,976,000,000 for capitalization grants

9 for State revolving funds to support water infrastructure

10 financing, $450,000,000 $550,000,000 shall be for drink11 ing water State revolving funds, but if no drinking water

12 State revolving fund legislation is enacted by June 1,

13 1997, these funds shall immediately be available for mak14 ing capitalization grants under title VI of the Federal

15 Water Pollution Control 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-
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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,
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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
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1 Improvement Act of 1970, and Reorganization Plan No.

2 1 of 1977, $2,250,000 $2,436,000.

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 $1,320,000,000,

8 and, notwithstanding 42 U.S.C. 5203, to become available

9 for obligation on September 30, 1997, and remain avail10 able until 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.
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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 $166,733,000.

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 $4,673,000.

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
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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 $199,101,000.

7 EMERGENCY FOOD AND SHELTER PROGRAM

8 To carry out an emergency food and shelter program

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

10 $100,000,000: Provided, That total administrative costs

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

12 appropriation.

13 NATIONAL FLOOD INSURANCE FUND

14 For activities under the National Flood Insurance

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

16 and the National Flood Insurance Reform Act of 1994,

17 not to exceed $20,981,000 for salaries and expenses asso18 ciated with flood mitigation and flood insurance oper19 ations, and not to exceed $78,464,000 for flood mitigation,

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

21 1366 of the National Flood Insurance Act, which amount

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

23 1997, no funds in excess of (1) $47,000,000 for operating

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

25 taxes, and (3) $35,000,000 for interest on Treasury bor-
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1 rowings shall be available from the National Flood Insur2 ance Fund without prior notice to the Committees on Ap3 propriations. For fiscal year 1997, flood insurance rates

4 shall not exceed the level authorized by the National Flood

5 Insurance Reform Act of 1994.

6 WORKING CAPITAL FUND

7 For the establishment of a working capital fund for

8 the Federal Emergency Management Agency, to be avail9 able without fiscal year limitation, for expenses and equip10 ment necessary for maintenance and operations of such

11 administrative services as the Director determines may be

12 performed more advantageously as central services: Pro13 vided, That any inventories, equipment, and other assets

14 pertaining to the services to be provided by such fund, ei15 ther on hand or on order, less the related liabilities or un16 paid obligations, and any appropriations made hereafter

17 for the purpose of providing capital, shall be used to cap18 italize such fund: Provided further, That such fund shall

19 be reimbursed or credited with advance payments from ap20 plicable appropriations and funds of the Federal Emer21 gency Management Agency, other Federal agencies, and

22 other sources authorized by law for which such centralized

23 services are performed, including supplies, materials, and

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

25 operation, including accrued leave, depreciation of fund

26 plant and equipment, amortization of automated data
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1 processing (ADP) software and systems (either acquired

2 or donated), and an amount necessary to maintain a rea3 sonable operating reserve as determined by the Director:

4 Provided further, That income of such fund may be re5 tained, to remain available until expended, for purposes

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

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

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

9 deposited in the fund shall remain available until expended

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

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

12 of Public Law 103–356.

13 ADMINISTRATIVE PROVISION

14 The Director of the Federal Emergency Management

15 Agency shall promulgate through rulemaking a methodol16 ogy for assessment and collection of fees to be assessed

17 and collected beginning in fiscal year 1997 applicable to

18 persons subject to the Federal Emergency Management

19 Agency’s radiological emergency preparedness regulations.

20 The aggregate charges assessed pursuant to this section

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

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

23 Federal Emergency Management Agency to be obligated

24 for its radiological emergency preparedness program for

25 such fiscal year. The methodology for assessment and col26 lection of fees shall be fair and equitable, and shall reflect
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1 the full amount of costs of providing radiological emer2 gency planning, preparedness, response and associated

3 services. Such fees shall be assessed in a manner that re4 flects the use of agency resources for classes of regulated

5 persons and the administrative costs of collecting such

6 fees. Fees received pursuant to this section shall be depos7 ited in the general fund of the Treasury as offsetting re8 ceipts. Assessment and collection of such fees are only au9 thorized during fiscal year 1997.

10 GENERAL SERVICES ADMINISTRATION

11 CONSUMER INFORMATION CENTER FUND

12 For necessary expenses of the Consumer Information

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

14 $2,260,000, to be deposited into the Consumer Informa15 tion Center Fund: Provided, That the appropriations, rev16 enues and collections deposited into the fund shall be

17 available for necessary expenses of Consumer Information

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

19 Administrative expenses of the Consumer Information

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

21 Appropriations, revenues, and collections accruing to this

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

23 remain in the fund and shall not be available for expendi24 ture except as authorized in appropriations Acts:–Provided

25 further, That notwithstanding any other provision of law,
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1 the Consumer Information Center may accept and deposit

2 to this account, during fiscal year 1997, gifts for the pur3 pose of defraying its costs of printing, publishing, and dis4 tributing consumer information and educational material;

5 may expend up to $1,100,000 of those gifts for those pur6 poses, in addition to amounts otherwise appropriated; and

7 the balance shall remain available for expenditure for such

8 purpose to the extent authorized in subsequent appropria9 tions Acts: Provided further, That notwithstanding any

10 other provision of law, the Consumer Information Center

11 may accept and deposit to this account, during fiscal year

12 1997 and hereafter, gifts for the purpose of defraying its

13 costs of printing, publishing, and distributing consumer in14 formation and educational materials and undertaking other

15 consumer information activities; may expend those gifts for

16 those purposes, in addition to amounts appropriated or oth17 erwise made available; and the balance shall remain avail18 able for expenditure for such purpose.

19 NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

20 HUMAN SPACE FLIGHT

21 For necessary expenses, not otherwise provided for,

22 in the conduct and support of human space flight research

23 and development activities, including research, develop24 ment, operations, and services; maintenance; construction

25 of facilities including repair, rehabilitation, and modifica-
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1 tion of real and personal property, and acquisition or con2 demnation of real property, as authorized by law; space

3 flight, spacecraft control and communications activities in4 cluding operations, production, and services; and pur5 chase, lease, charter, maintenance and operation of mis6 sion and administrative aircraft, $5,362,900,000, to re7 main available until September 30, 1998.

8 SCIENCE, AERONAUTICS AND TECHNOLOGY

9 For necessary expenses, not otherwise provided for,

10 in the conduct and support of science, aeronautics and

11 technology research and development activities, including

12 research, development, operations, and services; mainte13 nance; construction of facilities including repair, rehabili14 tation, and modification of real and personal property, and

15 acquisition or condemnation of real property, as author16 ized by law; space flight, spacecraft control and commu17 nications activities including operations, production, and

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

19 operation of mission and administrative aircraft,

20 $5,662,100,000 $5,762,100,000, to remain available until

21 September 30, 1998. Chapter VII of Public Law 104–6

22 is amended under the heading, ‘‘National Aeronautics and

23 Space Administration’’ by replacing ‘‘September 30,

24 1997’’ with ‘‘September 30, 1998’’ and ‘‘1996’’ with

25 ‘‘1997’’.
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1 MISSION SUPPORT

2 For necessary expenses, not otherwise provided for,

3 in carrying out mission support for human space flight

4 programs and science, aeronautical, and technology pro5 grams, including research operations and support; space

6 communications activities including operations, production

7 and services; maintenance; construction of facilities in8 cluding repair, rehabilitation, and modification of facili9 ties, minor construction of new facilities and additions to

10 existing facilities, facility planning and design, environ11 mental compliance and restoration, and acquisition or con12 demnation of real property, as authorized by law; program

13 management; personnel and related costs, including uni14 forms or allowances therefor, as authorized by 5 U.S.C.

15 5901–5902; travel expenses; purchase, lease charter,

16 maintenance, and operation of mission and administrative

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

18 representation expenses; and purchase (not to exceed 33

19 for replacement only) and hire of passenger motor vehi20 cles; $2,562,200,000, to remain available until September

21 30, 1998.

22 OFFICE OF INSPECTOR GENERAL

23 For necessary expenses of the Office of Inspector

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

25 as amended, $17,000,000.
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1 ADMINISTRATIVE PROVISIONS

2 (INCLUDING TRANSFER OF FUNDS)

3 Notwithstanding the limitation on the availability of

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

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

6 appropriations Act, when (1) any activity has been initi7 ated by the incurrence of obligations for construction of

8 facilities as authorized by law, or (2) amounts are pro9 vided for full-funding for the Tracking and Data Relay

10 Satellite (TDRS) replenishment program, such amount

11 available for such activity shall remain available until ex12 pended. This provision does not apply to the amounts ap13 propriated in ‘‘Mission support’’ pursuant to the author14 ization for repair, rehabilitation and modification of facili15 ties, minor construction of new facilities and additions to

16 existing facilities, and facility planning and design.

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, the amounts appropriated for con21 struction of facilities shall remain available until Septem22 ber 30, 1999.

23 Notwithstanding the limitation on the availability of

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

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

26 for personnel and related costs and travel expenses of the
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1 National Aeronautics and Space Administration shall re2 main available until September 30, 1997 and may be used

3 to enter into contracts for training, investigations, cost as4 sociated with personnel relocation, and for other services,

5 to be provided during the next fiscal year.

6 In order to avoid or minimize the need for involuntary

7 separations due to a reduction in force, installation closure,

8 reorganization, transfer of function, or similar action af9 fecting the National Aeronautics and Space Administra10 tion, the Administrator shall establish a program under

11 which separation pay, subject to the availability of appro12 priated funds, may be offered to encourage employees to sep13 arate from service voluntarily, whether by retirement or res14 ignation: Provided, That payments to individual employees

15 shall not exceed $25,000.

16 NATIONAL CREDIT UNION ADMINISTRATION

17 CENTRAL LIQUIDITY FACILITY

18 During fiscal year 1997, gross obligations of the

19 Central Liquidity Facility for the principal amount of new

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

21 National Credit Union Central Liquidity Facility Act (12

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

23 That administrative expenses of the Central Liquidity Fa24 cility in fiscal year 1997 shall not exceed $560,000: Pro25 vided further, That $1,000,000, together with amounts of
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1 principal and interest on loans repaid, to be available until

2 expended, is available for loans to community development

3 credit unions.

4 NATIONAL SCIENCE FOUNDATION

5 RESEARCH AND RELATED ACTIVITIES

6 For necessary expenses in carrying out the National

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

8 1861–1875), and the Act to establish a National Medal

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

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

11 and purchase of flight services for research support; acqui12 sition of aircraft; $2,422,000,000 (increased by

13 $9,110,000) $2,432,000,000, of which not to exceed

14 $226,000,000 shall remain available until expended for

15 Polar research and operations support, and for reimburse16 ment to other Federal agencies for operational and science

17 support and logistical and other related activities for the

18 United States Antarctic program; the balance to remain

19 available until September 30, 1998: Provided, That re20 ceipts for scientific support services and materials fur21 nished by the National Research Centers and other Na22 tional Science Foundation supported research facilities

23 may be credited to this appropriation: Provided further,

24 That to the extent that the amount appropriated is less

25 than the total amount authorized to be appropriated for
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1 included program activities, all amounts, including floors

2 and ceilings, specified in the authorizing Act for those pro3 gram activities or their subactivities shall be reduced pro4 portionally.

5 MAJOR RESEARCH EQUIPMENT

6 For necessary expenses of major construction

7 projects pursuant to the National Science Foundation Act

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

9 until expended.

10 EDUCATION AND HUMAN RESOURCES

11 For necessary expenses in carrying out science and

12 engineering education and human resources programs and

13 activities pursuant to the National Science Foundation

14 Act of 1950, as amended (42 U.S.C. 1861–1875), includ15 ing services as authorized by 5 U.S.C. 3109 and rental

16 of conference rooms in the District of Columbia,

17 $612,000,000 $624,000,000, to remain available until Sep18 tember 30, 1998: Provided, That to the extent that the

19 amount of this appropriation is less than the total amount

20 authorized to be appropriated for included program activi21 ties, all amounts, including floors and ceilings, specified

22 in the authorizing Act for those program activities or their

23 subactivities shall be reduced proportionally.
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1 SALARIES AND EXPENSES

2 For necessary salaries and expenses of the National

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

4 1861–1875); services authorized by 5 U.S.C. 3109; hire

5 of passenger motor vehicles; not to exceed $9,000 for offi6 cial reception and representation expenses; uniforms or al7 lowances therefor, as authorized by 5 U.S.C. 5901–5902;

8 rental of conference rooms in the District of Columbia;

9 reimbursement of the General Services Administration for

10 security guard services and headquarters relocation;

11 $134,310,000 (reduced by $9,110,000): Provided, That

12 contracts may be entered into under salaries and expenses

13 in fiscal year 1997 for maintenance and operation of facili14 ties, and for other services, to be provided during the next

15 fiscal year.

16 OFFICE OF INSPECTOR GENERAL

17 For necessary expenses of the Office of Inspector

18 General as authorized by the Inspector General Act of

19 1978, as amended, $4,690,000, to remain available until

20 September 30, 1998.

21 NEIGHBORHOOD REINVESTMENT CORPORATION

22 PAYMENT TO THE NEIGHBORHOOD REINVESTMENT

23 CORPORATION

24 For payment to the Neighborhood Reinvestment Cor25 poration for use in neighborhood reinvestment activities,
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1 as authorized by the Neighborhood Reinvestment Corpora2 tion Act (42 U.S.C. 8101–8107), $50,000,000

3 $49,900,000.

4 SELECTIVE SERVICE SYSTEM

5 SALARIES AND EXPENSES

6 For necessary expenses of the Selective Service Sys7 tem, including expenses of attendance at meetings and of

8 training for uniformed personnel assigned to the Selective

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

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

11 reception and representation expenses; $22,930,000: Pro12 vided, That during the current fiscal year, the President

13 may exempt this appropriation from the provisions of 31

14 U.S.C. 1341, whenever he deems such action to be nec15 essary in the interest of national defense: Provided further,

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

17 expended for or in connection with the induction of any

18 person into the Armed Forces of the United States.

19 TITLE IV—GENERAL PROVISIONS

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

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

22 specific limitation has been placed thereon, the expendi23 tures for such travel expenses may not exceed the amounts

24 set forth therefore in the budget estimates submitted for

25 the appropriations: Provided, That this provision does not
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1 apply to accounts that do not contain an object classifica2 tion for travel: Provided further, That this section shall not

3 apply to travel performed by uncompensated officials of

4 local boards and appeal boards of the Selective Service

5 System; to travel performed directly in connection with

6 care and treatment of medical beneficiaries of the Depart7 ment of Veterans Affairs; to travel performed in connec8 tion with major disasters or emergencies declared or deter9 mined by the President under the provisions of the Robert

10 T. Stafford Disaster Relief and Emergency Assistance

11 Act; to travel performed by the Offices of Inspector Gen12 eral in connection with audits and investigations; or to

13 payments to interagency motor pools where separately set

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

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

16 set forth in budget estimates initially submitted for such

17 appropriations, the expenditures for travel may cor18 respondingly exceed the amounts therefore set forth in the

19 estimates in the same proportion.

20 SEC. 402. Appropriations and funds available for the

21 administrative expenses of the Department of Housing

22 and Urban Development and the Selective Service System

23 shall be available in the current fiscal year for purchase

24 of uniforms, or allowances therefor, as authorized by 5
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1 U.S.C. 5901–5902; hire of passenger motor vehicles; and

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

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

4 Urban Development subject to the Government Corpora5 tion Control Act or section 402 of the Housing Act of

6 1950 shall be available, without regard to the limitations

7 on administrative expenses, for legal services on a contract

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

9 services and facilities of Federal National Mortgage Asso10 ciation, Government National Mortgage Association, Fed11 eral Home Loan Mortgage Corporation, Federal Financ12 ing Bank, Federal Reserve banks or any member thereof,

13 Federal Home Loan banks, and any insured bank within

14 the meaning of the Federal Deposit Insurance Corporation

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

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

17 this Act shall remain available for obligation beyond the

18 current fiscal year unless expressly so provided herein.

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

20 expended—

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

22 employee of the United States unless—

23 (A) such certification is accompanied by,

24 or is part of, a voucher or abstract which de25 scribes the payee or payees and the items or
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1 services for which such expenditure is being

2 made, or

3 (B) the expenditure of funds pursuant to

4 such certification, and without such a voucher

5 or abstract, is specifically authorized by law;

6 and

7 (2) unless such expenditure is subject to audit

8 by the General Accounting Office or is specifically

9 exempt by law from such audit.

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

11 any department or agency may be expended for the trans12 portation of any officer or employee of such department

13 or agency between his domicile and his place of employ14 ment, with the exception of any officer or employee au15 thorized such transportation under 31 U.S.C. 1344 or 5

16 U.S.C. 7905.

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

18 be used for payment, through grants or contracts, to re19 cipients that do not share in the cost of conducting re20 search resulting from proposals not specifically solicited

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

22 sharing by the recipient shall reflect the mutuality of in23 terest of the grantee or contractor and the Government

24 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 TITLE V

2 SUPPLEMENTAL

3 DEPARTMENT OF HOUSING AND URBAN

4 DEVELOPMENT

5 GOVERNMENT NATIONAL MORTGAGE ASSOCIATION

6 GUARANTEES OF MORTGAGE BACKED SECURITIES LOAN

7 GUARANTEE PROGRAM ACCOUNT

8 During fiscal year 1996 and in addition to commit9 ments previously provided, additional commitments to issue

10 guarantees to carry out section 306 of the National Housing

11 Act, as amended (12 U.S.C. 1721(g)), shall not exceed

12 $20,000,000,000.

13 This Act may be cited as the ‘‘Departments of Veter14 ans Affairs and Housing and Urban Development, and

15 Independent Agencies Appropriations Act, 1997’’.

Passed the House of Representatives June 26, 1996.

Attest:

Clerk.