Union Calendar No. 314

104TH CONGRESS

2D SESSION H. R. 3666

[Report No. 104–628]

A BILL

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 DevelopJUNE 18, 1996

Committed to the Committee of the Whole House on

the State of the Union and ordered to be printed
IB

Union Calendar No. 314

104TH CONGRESS

2D SESSION H. R. 3666

[Report No. 104–628]

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.

IN THE HOUSE OF REPRESENTATIVES

JUNE 18, 1996

Mr. LEWIS, from the Committee on Appropriations, reported the following bill;

which was committed to the Committee of the Whole House on the State

of the Union and ordered to be printed

A BILL

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
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1 Departments of Veterans Affairs and Housing and Urban

2 Development, and for sundry independent agencies,

3 boards, commissions, corporations, and offices for the fis4 cal year ending September 30, 1997, and for other pur5 poses, namely:

6 TITLE I

7 DEPARTMENT OF VETERANS AFFAIRS

8 VETERANS BENEFITS ADMINISTRATION

9 COMPENSATION AND PENSIONS

10 (INCLUDING TRANSFERS OF FUNDS)

11 For the payment of compensation benefits to or on

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

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

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

15 chapters 15, 51, 53, 55, and 61; 92 Stat. 2508); and bur16 ial benefits, emergency and other officers’ retirement pay,

17 adjusted-service credits and certificates, payment of pre18 miums due on commercial life insurance policies guaran19 teed under the provisions of Article IV of the Soldiers’

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

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

22 1312, 1977, and 2106, chapters 23, 51, 53, 55, and 61;

23 50 U.S.C. App. 540–548; 43 Stat. 122, 123; 45 Stat. 735;

24 76 Stat. 1198); $18,497,854,000, to remain available

25 until expended: Provided, That not to exceed $26,417,000
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1 of the amount appropriated shall be reimbursed to ‘‘Gen2 eral operating expenses’’ and ‘‘Medical care’’ for necessary

3 expenses in implementing those provisions authorized in

4 the Omnibus Budget Reconciliation Act of 1990, and in

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

6 51, 53, and 55), the funding source for which is specifi7 cally provided as the ‘‘Compensation and pensions’’ appro8 priation: Provided further, That such sums as may be

9 earned on an actual qualifying patient basis, shall be reim10 bursed to ‘‘Medical facilities revolving fund’’ to augment

11 the funding of individual medical facilities for nursing

12 home care provided to pensioners as authorized by the

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

14 READJUSTMENT BENEFITS

15 For the payment of readjustment and rehabilitation

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

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

18 and 61, $1,227,000,000, to remain available until ex19 pended: Provided, That funds shall be available to pay any

20 court order, court award or any compromise settlement

21 arising from litigation involving the vocational training

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

23 as amended.
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1 VETERANS INSURANCE AND INDEMNITIES

2 For military and naval insurance, national service life

3 insurance, servicemen’s indemnities, service-disabled vet4 erans insurance, and veterans mortgage life insurance as

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

6 Stat. 487, $38,970,000, to remain available until ex7 pended.

8 GUARANTY AND INDEMNITY PROGRAM ACCOUNT

9 (INCLUDING TRANSFER OF FUNDS)

10 For the cost of direct and guaranteed loans, such

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

12 authorized by 38 U.S.C. chapter 37, as amended: Pro13 vided, That such costs, including the cost of modifying

14 such loans, shall be as defined in section 502 of the Con15 gressional Budget Act of 1974, as amended.

16 In addition, for administrative expenses to carry out

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

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

20 LOAN GUARANTY PROGRAM ACCOUNT

21 (INCLUDING TRANSFER OF FUNDS)

22 For the cost of direct and guaranteed loans, such

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

24 authorized by 38 U.S.C. chapter 37, as amended: Pro25 vided, That such costs, including the cost of modifying
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1 such loans, shall be as defined in section 502 of the Con2 gressional Budget Act of 1974, as amended.

3 In addition, for administrative expenses to carry out

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

5 which may be transferred to and merged with the appro6 priation for ‘‘General operating expenses’’.

7 DIRECT LOAN PROGRAM ACCOUNT

8 (INCLUDING TRANSFER OF FUNDS)

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

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

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

12 including the cost of modifying such loans, shall be as de13 fined in section 502 of the Congressional Budget Act of

14 1974, as amended: Provided further, That during 1997,

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

16 gross obligations for direct loans are authorized for spe17 cially adapted housing loans.

18 In addition, for administrative expenses to carry out

19 the direct loan program, $80,000, which may be trans20 ferred to and merged with the appropriation for ‘‘General

21 operating expenses’’.

22 EDUCATION LOAN FUND PROGRAM ACCOUNT

23 (INCLUDING TRANSFER OF FUNDS)

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

25 by 38 U.S.C. 3698, as amended: Provided, That such
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1 costs, including the cost of modifying such loans, shall be

2 as defined in section 502 of the Congressional Budget Act

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

4 are available to subsidize gross obligations for the prin5 cipal amount of direct loans not to exceed $3,000.

6 In addition, for administrative expenses necessary to

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

8 be transferred to and merged with the appropriation for

9 ‘‘General operating expenses’’.

10 VOCATIONAL REHABILITATION LOANS PROGRAM ACCOUNT

11 (INCLUDING TRANSFER OF FUNDS)

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

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

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

15 as defined in section 502 of the Congressional Budget Act

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

17 are available to subsidize gross obligations for the prin18 cipal amount of direct loans not to exceed $1,964,000.

19 In addition, for administrative expenses necessary to

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

21 be transferred to and merged with the appropriation for

22 ‘‘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 is for the equipment

11 and land and structures object classifications only, which

12 amount shall not become available for obligation until Au13 gust 1, 1997, and shall remain available until September

14 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, plus reimbursements.

20 MEDICAL ADMINISTRATION AND MISCELLANEOUS

21 OPERATING EXPENSES

22 For necessary expenses in the administration of med23 ical, hospital, nursing home, domiciliary, construction,

24 supply, and research activities, as authorized by law; ad25 ministrative expenses in support of planning, design,
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1 project management, architectural, engineering, real prop2 erty acquisition and disposition, construction and renova3 tion of any facility under the jurisdiction or for the use

4 of the Department of Veterans Affairs, including site ac5 quisition; engineering and architectural activities not

6 charged to project cost; and research and development in

7 building construction technology; $59,207,000, plus reim8 bursements.

9 TRANSITIONAL HOUSING LOAN PROGRAM

10 (INCLUDING TRANSFER OF FUNDS)

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

12 by Public Law 102–54, section 8, which shall be trans13 ferred from the ‘‘General post fund’’: Provided, That such

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

15 as defined in section 502 of the Congressional Budget Act

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

17 are available to subsidize gross obligations for the prin18 cipal amount of direct loans not to exceed $70,000.

19 In addition, for administrative expenses to carry out

20 the direct loan program, $54,000, which shall be trans21 ferred from the ‘‘General post fund’’, as authorized by

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

2 GENERAL OPERATING EXPENSES

3 For necessary operating expenses of the Department

4 of Veterans Affairs, not otherwise provided for, including

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

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

8 Services Administration for security guard services, and

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

11 appropriated, and any other funds made available from

12 any other source for activities funded under this heading,

13 not to exceed $3,206,000 for personnel compensation and

14 benefits and $50,000 for travel shall be available in the

15 Office of the Secretary: Provided further, That during fis16 cal year 1997, notwithstanding any other provision of law,

17 the number of individuals employed by the Department

18 of Veterans Affairs (1) in other than ‘‘career appointee’’

19 positions in the Senior Executive Service shall not exceed

20 6, and (2) in schedule C positions shall not exceed 11:

21 Provided further, That funds under this heading shall be

22 available to administer the Service Members Occupational

23 Conversion and Training Act.
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1 NATIONAL CEMETERY SYSTEM

2 For necessary expenses for the maintenance and op3 eration of the National Cemetery System, not otherwise

4 provided for, including uniforms or allowances therefor;

5 cemeterial expenses as authorized by law; purchase of two

6 passenger motor vehicles for use in cemeterial operations;

7 and hire of passenger motor vehicles, $76,864,000.

8 OFFICE OF INSPECTOR GENERAL

9 For necessary expenses of the Office of Inspector

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

11 as amended, $30,900,000.

12 CONSTRUCTION, MAJOR PROJECTS

13 For constructing, altering, extending and improving

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

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

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

17 8103, 8106, 8108, 8109, 8110, and 8122 of title 38, Unit18 ed States Code, including planning, architectural and en19 gineering services, maintenance or guarantee period serv20 ices costs associated with equipment guarantees provided

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

22 and storm drainage system construction costs, and site ac23 quisition, where the estimated cost of a project is

24 $3,000,000 or more or where funds for a project were

25 made available in a previous major project appropriation,
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1 $245,358,000, to remain available until expended: Pro2 vided, That except for advance planning of projects funded

3 through the advance planning fund and the design of

4 projects funded through the design fund, none of these

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

6 considered and approved by the Congress in the budgetary

7 process: Provided further, That funds provided in this ap8 propriation for fiscal year 1997, for each approved project

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

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

11 the awarding of a construction contract by September 30,

12 1998: Provided further, That the Secretary shall promptly

13 report in writing to the Comptroller General and to the

14 Committees on Appropriations any approved major con15 struction project in which obligations are not incurred

16 within the time limitations established above; and the

17 Comptroller General shall review the report in accordance

18 with the procedures established by section 1015 of the Im19 poundment Control Act of 1974 (title X of Public Law

20 93–344): Provided further, That no funds from any other

21 account except the ‘‘Parking revolving fund’’, may be obli22 gated for constructing, altering, extending, or improving

23 a project which was approved in the budget process and

24 funded in this account until one year after substantial

25 completion and beneficial occupancy by the Department
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1 of Veterans Affairs of the project or any part thereof with

2 respect to that part only.

3 CONSTRUCTION, MINOR PROJECTS

4 For constructing, altering, extending, and improving

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

6 of the Department of Veterans Affairs, including plan7 ning, architectural and engineering services, maintenance

8 or guarantee period services costs associated with equip9 ment guarantees provided under the project, services of

10 claims analysts, offsite utility and storm drainage system

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

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

13 8103, 8106, 8108, 8109, 8110, and 8122 of title 38, Unit14 ed States Code, where the estimated cost of a project is

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

16 until expended, along with unobligated balances of pre17 vious ‘‘Construction, minor projects’’ appropriations which

18 are hereby made available for any project where the esti19 mated cost is less than $3,000,000: Provided, That funds

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

21 of the nonmedical facilities under the jurisdiction or for

22 the use of the Department which are necessary because

23 of loss or damage caused by any natural disaster or catas24 trophe, and (2) temporary measures necessary to prevent

25 or to minimize further loss by such causes.
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1 PARKING REVOLVING FUND

2 For the parking revolving fund as authorized by 38

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

4 collected, to remain available until expended, which shall

5 be available for all authorized expenses except operations

6 and maintenance costs, which will be funded from ‘‘Medi7 cal care’’.

8 GRANTS FOR CONSTRUCTION OF STATE EXTENDED CARE

9 FACILITIES

10 For grants to assist States to acquire or construct

11 State nursing home and domiciliary facilities and to re12 model, modify or alter existing hospital, nursing home and

13 domiciliary facilities in State homes, for furnishing care

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

15 $47,397,000, to remain available until expended.

16 GRANTS FOR THE CONSTRUCTION OF STATE VETERANS

17 CEMETERIES

18 For grants to aid States in establishing, expanding,

19 or improving State veteran cemeteries as authorized by 38

20 U.S.C. 2408, $1,000,000, to remain available until ex21 pended.

22 FRANCHISE FUND

23 (INCLUDING TRANSFER OF FUNDS)

24 There is hereby established in the Treasury a fran25 chise fund pilot, as authorized by section 403 of Public

26 Law 103–356, to be available as provided in such section
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1 for expenses and equipment necessary for the maintenance

2 and operation of such administrative services as the Sec3 retary determines may be performed more advantageously

4 as central services: Provided, That any inventories, equip5 ment and other assets pertaining to the services to be pro6 vided by the franchise fund, either on hand or on order,

7 less the related liabilities or unpaid obligations, and any

8 appropriations made hereafter for the purpose of provid9 ing capital, shall be used to capitalize the franchise fund:

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

11 advance from funds available to the Department and other

12 Federal agencies for which such centralized services are

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

14 of operation, including accrued leave, depreciation of fund

15 plant and equipment, amortization of automated data

16 processing (ADP) software and systems (either acquired

17 or donated), and an amount necessary to maintain a rea18 sonable operating reserve, as determined by the Secretary:

19 Provided further, That the franchise fund shall provide

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

21 amount not to exceed four percent of the total annual in22 come to such fund may be retained in the fund for fiscal

23 year 1997 and each fiscal year thereafter, to remain avail24 able until expended, to be used for the acquisition of cap25 ital equipment and for the improvement and implementa-
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1 tion of Departmental financial management, ADP, and

2 other support systems: Provided further, That no later

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

4 in excess of this reserve limitation shall be transferred to

5 the Treasury: Provided further, That such franchise fund

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

7 Law 103–356.

8 ADMINISTRATIVE PROVISIONS

9 (INCLUDING TRANSFER OF FUNDS)

10 SEC. 101. Any appropriation for 1997 for ‘‘Com11 pensation and pensions’’, ‘‘Readjustment benefits’’, and

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

13 to any other of the mentioned appropriations.

14 SEC. 102. Appropriations available to the Depart15 ment of Veterans Affairs for 1997 for salaries and ex16 penses shall be available for services authorized by 5

17 U.S.C. 3109.

18 SEC. 103. No appropriations in this Act for the De19 partment of Veterans Affairs (except the appropriations

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

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

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

23 construction of any new hospital or home.

24 SEC. 104. No appropriations in this Act for the De25 partment of Veterans Affairs shall be available for hos-
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1 pitalization or examination of any persons (except bene2 ficiaries entitled under the laws bestowing such benefits

3 to veterans, and persons receiving such treatment under

4 5 U.S.C. 7901–7904 or 42 U.S.C. 5141–5204), unless re5 imbursement of cost is made to the ‘‘Medical care’’ ac6 count at such rates as may be fixed by the Secretary of

7 Veterans Affairs.

8 SEC. 105. Appropriations available to the Depart9 ment of Veterans Affairs for fiscal year 1997 for ‘‘Com10 pensation and pensions’’, ‘‘Readjustment benefits’’, and

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

12 for payment of prior year accrued obligations required to

13 be recorded by law against the corresponding prior year

14 accounts within the last quarter of fiscal year 1996.

15 SEC. 106. Appropriations accounts available to the

16 Department of Veterans Affairs for fiscal year 1997 shall

17 be available to pay prior year obligations of corresponding

18 prior year appropriations accounts resulting from title X

19 of the Competitive Equality Banking Act, Public Law

20 100–86, except that if such obligations are from trust

21 fund accounts they shall be payable from ‘‘Compensation

22 and pensions’’.

23 SEC. 107. Notwithstanding any other provision of

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

25 Affairs shall, from the National Service Life Insurance
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1 Fund (38 U.S.C. 1920), the Veterans’ Special Life Insur2 ance Fund (38 U.S.C. 1923), and the United States Gov3 ernment Life Insurance Fund (38 U.S.C. 1955), reim4 burse the ‘‘General operating expenses’’ account for the

5 cost of administration of the insurance programs financed

6 through those accounts: Provided, That reimbursement

7 shall be made only from the surplus earnings accumulated

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

9 available for dividends in that program after claims have

10 been paid and actuarially determined reserves have been

11 set aside: Provided further, That if the cost of administra12 tion of an insurance program exceeds the amount of sur13 plus earnings accumulated in that program, reimburse14 ment shall be made only to the extent of such surplus

15 earnings: Provided further, That the Secretary shall deter16 mine the cost of administration for fiscal year 1997, which

17 is properly allocable to the provision of each insurance pro18 gram and to the provision of any total disability income

19 insurance included in such insurance program.
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1 TITLE II

2 DEPARTMENT OF HOUSING AND URBAN

3 DEVELOPMENT

4 HOUSING PROGRAMS

5 ANNUAL CONTRIBUTIONS FOR ASSISTED HOUSING

6 (INCLUDING RESCISSION)

7 For assistance under the United States Housing Act

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

9 not otherwise provided for, $5,372,000,000, to remain

10 available until expended: Provided, That of the total

11 amount provided under this head, $4,572,000,000 shall be

12 for assistance under the United States Housing Act of

13 1937 (42 U.S.C. 1437) for use in connection with expiring

14 or terminating section 8 subsidy contracts of which

15 $975,000,000 shall be available on September 15, 1997:

16 Provided further, That the Secretary may determine not

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

18 during fiscal year 1997: Provided further, That of the total

19 amount provided under this head, $800,000,000 shall be

20 for amendments to section 8 contracts other than con21 tracts for projects developed under section 202 of the

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

23 50 per centum of the amounts of budget authority, or in

24 lieu thereof 50 per centum of the cash amounts associated

25 with such budget authority, that are recaptured from
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1 projects described in section 1012(a) of the Stewart B.

2 McKinney Homeless Assistance Amendments Act of 1988

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

5 Treasury, and such amounts of budget authority or cash

6 recaptured and not rescinded or remitted to the Treasury

7 shall be used by State housing finance agencies or local

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

11 1992, in accordance with such section.

12 HOUSING FOR SPECIAL POPULATIONS: ELDERLY AND

13 DISABLED

14 For capital advances, including amendments to cap15 ital advance contracts, and for project rental assistance

16 and amendments thereto, for Supportive Housing for the

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

18 as amended, $595,000,000, to remain available until ex19 pended.

20 For capital advances, including amendments to cap21 ital advance contracts, and for project rental assistance

22 and amendments thereto, for Supportive Housing for Per23 sons with Disabilities under section 811 of the Cranston24 Gonzalez National Affordable Housing Act, $174,000,000,

25 to remain available until expended, of which 25 percent

26 shall be used for tenant-based rental assistance under sec-
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1 tion 8(o) of the United States Housing Act of 1937 (42

2 U.S.C. 1437(o)), in addition to any other amounts avail3 able for section 8(o).

4 The Secretary may waive any provision of section 202

5 of the Housing Act of 1959 and section 811 of the Cran6 ston-Gonzalez National Affordable Housing Act (including

7 the provisions governing the terms and conditions of

8 project rental assistance) that the Secretary determines is

9 not necessary to achieve the objectives of these programs,

10 or that otherwise impedes the ability to develop, operate

11 or administer projects assisted under these programs, and

12 may make provision for alternative conditions or terms

13 where appropriate.

14 FLEXIBLE SUBSIDY FUND

15 (INCLUDING TRANSFER OF FUNDS)

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

17 National Housing Act, as amended, all uncommitted bal18 ances of excess rental charges as of September 30, 1996,

19 and any collection during fiscal year 1997, shall be trans20 ferred, as authorized under such section, to the fund au21 thorized under section 201(j) of the Housing and Commu22 nity Development Amendments of 1978, as amended.
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1 RENTAL HOUSING ASSISTANCE

2 (RESCISSION)

3 The limitation otherwise applicable to the maximum

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

5 contracts entered into under section 236 of the National

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

7 1997 by not more than $2,000,000 in uncommitted bal8 ances of authorizations provided for this purpose in appro9 priations Acts.

10 PUBLIC AND INDIAN HOUSING

11 HOUSING CERTIFICATE FUND

12 For tenant-based assistance under section 8 of the

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

14 as amended, $166,000,000, to remain available until ex15 pended: Provided, That of the total amount provided

16 under this head, $50,000,000 shall be for nonelderly dis17 abled families relocating pursuant to designation of a pub18 lic housing development under section 7 of such Act: Pro19 vided further, That the remainder of the amount provided

20 under this head shall be used only for housing assistance

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

22 for assistance under the Low Income Housing Preserva23 tion and Resident Homeownership Act of 1990

24 (LIHPRHA) or the Emergency Low-Income Housing

25 Preservation Act of 1987 (ELIHPA) in accordance with
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1 the terms and conditions of the tenth and eleventh provi2 sos of the second undesignated paragraph under the head

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

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

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

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

7 (relating to portfolio reengineering); or (iv) subject to spe8 cial workout assistance team intervention compliance ac9 tions: Provided further, That notwithstanding any other

10 provision of law, a public housing agency administering

11 certificate or voucher assistance provided under subsection

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

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

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

15 voucher representing assistance amounts) made available

16 by the termination during fiscal year 1997 of such assist17 ance on behalf of any family for any reason, but not later

18 than October 1, 1997, with the exception of any certifi19 cates assigned or committed to project-based assistance as

20 permitted otherwise by the Act, accomplished prior to the

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

22 8(c)(2)(A) of the United States Housing Act of 1937, as

23 amended (42 U.S.C. 1437f(c)(2)(A)) is further amend24 ed—
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1 (1) in the third sentence by inserting ‘‘and fis2 cal year 1997’’ after ‘‘1995’’; and

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

4 year 1997’’ after ‘‘1995’’.

5 PUBLIC HOUSING OPERATING FUND

6 For payments to public housing agencies and Indian

7 housing authorities for operating subsidies for low-income

8 housing projects as authorized by section 9 of the United

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

10 1437g), $2,850,000,000.

11 PUBLIC HOUSING CAPITAL FUND

12 (INCLUDING TRANSFERS OF FUNDS)

13 For the Public Housing Capital Fund program under

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

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

16 expended, of which $2,415,000,000 shall be for mod17 ernization of existing public housing projects;

18 $200,000,000 for Indian Housing Development;

19 $50,000,000 for grants to public housing agencies (includ20 ing Indian housing authorities), nonprofit corporations,

21 and other appropriate entities for a supportive services

22 program to assist residents of public and assisted housing,

23 former residents of such housing receiving tenant-based

24 assistance under section 8 of such Act, and other low-in25 come families and individuals, principally for the benefit
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1 of public housing residents, to become self-sufficient;

2 $20,000,000 for technical assistance for the inspection of

3 public housing units, contract expertise, and training and

4 technical assistance directly or indirectly, under grants,

5 contracts, or cooperative agreements, to assist in the over6 sight and management of public and Indian housing

7 (whether or not the housing is being modernized with as8 sistance under this proviso) or tenant-based assistance, in9 cluding, but not limited to, an annual resident survey,

10 data collection and analysis, training and technical assist11 ance by or to officials and employees of the department

12 and of public housing agencies and to residents in connec13 tion with the public and Indian housing program or for

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

15 $10,000,000 for the Tenant Opportunity Program; and

16 $5,000,000 for the Jobs-Plus Demonstration for Public

17 Housing families: Provided, That all obligated and unobli18 gated balances as of the end of fiscal year 1996 heretofore

19 provided for the development or acquisition costs of public

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

21 modernization of existing public housing projects (includ22 ing such projects for Indian families), for public and In23 dian housing amendments, for modernization and develop24 ment technical assistance, for lease adjustments for the

25 section 23 program, and for the Family Investment Cen-
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1 ters program shall be transferred to amounts made avail2 able under this heading.

3 REVITALIZATION OF SEVERELY DISTRESSED PUBLIC

4 HOUSING (HOPE VII)

5 For grants to public housing agencies for assisting

6 in the demolition of obsolete public housing projects or

7 portions thereof, the revitalization (where appropriate) of

8 sites (including remaining public housing units) on which

9 such projects are located, replacement housing which will

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

11 and tenant-based assistance in accordance with section 8

12 of the United States Housing Act of 1937; and for provid13 ing replacement housing and assisting tenants to be dis14 placed by the demolition, $550,000,000, to remain avail15 able until expended, of which the Secretary may use up

16 to $2,500,000 for technical assistance, to be provided di17 rectly or indirectly by grants, contracts or cooperative

18 agreements, including training and cost of necessary travel

19 for participants in such training, by or to officials and em20 ployees of the Department and of public housing agencies

21 and to residents: Provided, That, notwithstanding any

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

23 Housing Authority of New Orleans under HOPE VI for

24 purposes of Desire Homes, shall not be obligated or ex25 pended for on-site construction until an independent third

26 party has determined whether the site is appropriate.
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1 DRUG ELIMINATION GRANTS FOR LOW-INCOME HOUSING

2 (INCLUDING TRANSFER OF FUNDS)

3 For grants to public and Indian housing agencies for

4 use in eliminating crime in public housing projects author5 ized by 42 U.S.C. 11901–11908, for grants for federally

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

7 11909, and for drug information clearinghouse services

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

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

10 shall be for grants, technical assistance, contracts and

11 other assistance training, program assessment, and execu12 tion for or on behalf of public housing agencies and resi13 dent organizations (including the cost of necessary travel

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

15 shall be used in connection with efforts to combat violent

16 crime in public and assisted housing under the Operation

17 Safe Home program administered by the Inspector Gen18 eral of the Department of Housing and Urban Develop19 ment, and $5,000,000 of which shall be transferred to the

20 Office of Inspector General for Operation Safe Home: Pro21 vided, That the term ‘‘drug-related crime’’, as defined in

22 42 U.S.C. 11905(2), shall also include other types of

23 crime as determined by the Secretary.
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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), $4,300,000,000, to remain

21 available until September 30, 1999, of which $61,400,000

22 shall be for grants to Indian tribes notwithstanding sec23 tion 106(a)(1) of the Act: Provided, That $2,100,000 shall

24 be available as a grant to the Housing Assistance Council,

25 $1,000,000 shall be available as a grant to the National
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1 American Indian Housing Council, and $49,000,000 shall

2 be available for grants pursuant to section 107 of such

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

4 operation of a management information system: Provided

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

6 with funds appropriated herein (other than a grant made

7 available under the preceding proviso to the Housing As8 sistance Council or the National American Indian Housing

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

10 of the Housing and Community Development Act of 1974,

11 as amended) shall be expended for ‘‘Planning and Man12 agement Development’’ and ‘‘Administration’’ as defined

13 in regulations promulgated by the Department: Provided

14 further, That for fiscal year 1997 and thereafter, section

15 105(a)(25) of such Act, shall continue to be effective and

16 the termination and conforming provisions of section

17 907(b)(2) of the Cranston-Gonzalez National Affordable

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

19 section 916(f) of the Cranston-Gonzalez National Afford20 able Housing Act is repealed.

21 Of the amount made available under this heading,

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

23 shall be available for youthbuild program activities author24 ized by subtitle D of title IV of the Cranston-Gonzalez

25 National Affordable Housing Act, as amended, and such
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1 activities shall be an eligible activity with respect to any

2 funds made available under this heading.

3 Of the amount made available under this heading,

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

5 shall be available for the lead-based paint hazard reduc6 tion program as authorized under sections 1011 and 1053

7 of the Residential Lead-Based Hazard Reduction Act of

8 1992.

9 Of the amount made available under this heading,

10 $40,000,000 shall be available for Economic Development

11 Initiative grants as authorized by section 232 of the Multi12 family Housing Property Disposition Reform Act of 1994,

13 Public Law 103–233, including $11,000,000 of the fore14 going amount shall, notwithstanding any other provision

15 of law, be used for Economic Development Grants in ac16 cordance with the terms and conditions specified for such

17 grants in the Report accompanying this Act.

18 For the cost of guaranteed loans, $31,750,000, as au19 thorized by section 108 of the Housing and Community

20 Development Act of 1974: Provided, That such costs, in21 cluding the cost of modifying such loans, shall be as de22 fined in section 502 of the Congressional Budget Act of

23 1974, as amended: Provided further, That these funds are

24 available to subsidize total loan principal, any part of

25 which is to be guaranteed, not to exceed $1,500,000,000,
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1 notwithstanding any aggregate limitation on outstanding

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

3 and Community Development Act of 1974. In addition,

4 for administrative expenses to carry out the guaranteed

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

6 merged with the appropriation for salaries and expenses.

7 HOME INVESTMENT PARTNERSHIPS PROGRAM

8 For the HOME investment partnerships program, as

9 authorized under title II of the Cranston-Gonzalez Na10 tional Affordable Housing Act (Public Law 101–625), as

11 amended, $1,400,000,000, to remain available until ex12 pended: Provided, That $21,000,000 shall be available for

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

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

15 for the development and operation of a management infor16 mation system: Provided further, That $15,000,000 shall

17 be available for Housing Counseling under section 106 of

18 the Housing and Urban Development Act of 1968.

19 HOMELESS ASSISTANCE FUNDS

20 For the emergency shelter grants program (as au21 thorized under subtitle B of title IV of the Stewart B.

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

23 as amended); the supportive housing program (as author24 ized under subtitle C of title IV of such Act); the section

25 8 moderate rehabilitation single room occupancy program

26 (as authorized under the United States Housing Act of
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1 1937, as amended) to assist homeless individuals pursuant

2 to section 441 of the Stewart B. McKinney Homeless As3 sistance Act; and the shelter plus care program (as au4 thorized under subtitle F of title IV of such Act),

5 $823,000,000, to remain available until expended.

6 HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS

7 (INCLUDING TRANSFER OF FUNDS)

8 For carrying out the Housing Opportunities for Per9 sons with AIDS program, as authorized by the AIDS

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

11 $171,000,000, to remain available until expended: Pro12 vided, That any amounts previously appropriated for such

13 program, and any related assets and liabilities, in the ‘‘An14 nual contributions for assisted housing’’ account, shall be

15 transferred to and merged with amounts in this account.

16 FEDERAL HOUSING ADMINISTRATION

17 FHA—MUTUAL MORTGAGE INSURANCE PROGRAM

18 ACCOUNT

19 (INCLUDING TRANSFERS OF FUNDS)

20 During fiscal year 1997, commitments to guarantee

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

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

23 principal of $110,000,000,000: Provided, That during fis24 cal year 1997, the Secretary shall sell assigned mortgage

25 notes having an unpaid principal balance of up to
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1 $2,000,000,000, which notes were originally insured under

2 section 203(b) of the National Housing Act: Provided fur3 ther, That the Secretary may use the amount of any nega4 tive subsidy resulting from the sale of such assigned mort5 gage notes during fiscal year 1997 for the purposes in6 cluded under this heading.

7 During fiscal year 1997, obligations to make direct

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

9 National Housing Act, as amended, shall not exceed

10 $200,000,000: Provided, That the foregoing amount shall

11 be for loans to nonprofit and governmental entities in con12 nection with sales of single family real properties owned

13 by the Secretary and formerly insured under section 203

14 of such Act.

15 For administrative expenses necessary to carry out

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

17 to be derived from the FHA-mutual mortgage insurance

18 guaranteed loans receipt account, of which not to exceed

19 $334,483,000 shall be transferred to the appropriation for

20 departmental salaries and expenses; and of which not to

21 exceed $7,112,000 shall be transferred to the appropria22 tion for the Office of Inspector General.
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1 FHA—GENERAL AND SPECIAL RISK PROGRAM ACCOUNT

2 (INCLUDING TRANSFERS OF FUNDS)

3 For the cost of guaranteed loans, as authorized by

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

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

6 guarantee modifications (as that term is defined in section

7 502 of the Congressional Budget Act of 1974, as amend8 ed) $85,000,0000, to remain available until expended:

9 Provided, That these funds are available to subsidize total

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

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

14 which notes are held by the Secretary under the General

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

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

21 Act that have not been obligated or that are deobligated

22 shall be available to the Secretary of Housing and Urban

23 Development in connection with the making of such guar24 antees and shall remain available until expended, notwith-
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1 standing the expiration of any period of availability other2 wise applicable to such amounts.

3 Gross obligations for the principal amount of direct

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

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

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

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

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

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

14 In addition, for administrative expenses necessary to

15 carry out the guaranteed and direct loan programs,

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

17 to the appropriation for salaries and expenses; and of

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

19 for the Office of Inspector General.

20 GOVERNMENT NATIONAL MORTGAGE ASSOCIATION

21 GUARANTEES OF MORTGAGE-BACKED SECURITIES LOAN

22 GUARANTEE PROGRAM ACCOUNT

23 (INCLUDING TRANSFER OF FUNDS)

24 During fiscal year 1997, new commitments to issue

25 guarantees to carry out the purposes of section 306 of the
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1 National Housing Act, as amended (12 U.S.C. 1721(g)),

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

3 For administrative expenses necessary to carry out

4 the guaranteed mortgage-backed securities program,

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

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

9 POLICY DEVELOPMENT AND RESEARCH

10 RESEARCH AND TECHNOLOGY

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

13 urban problems, not otherwise provided for, as authorized

14 by title V of the Housing and Urban Development Act

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

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

19 1998.

20 FAIR HOUSING AND EQUAL OPPORTUNITY

21 FAIR HOUSING ACTIVITIES

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

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

25 Amendments Act of 1988, and for contracts with qualified
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1 fair housing enforcement organizations, as authorized by

2 section 561 of the Housing and Community Development

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

5 be to carry out activities pursuant to section 561.

6 MANAGEMENT AND ADMINISTRATION

7 SALARIES AND EXPENSES

8 (INCLUDING TRANSFER OF FUNDS)

9 For necessary administrative and non-administrative

10 expenses of the Department of Housing and Urban Devel11 opment, not otherwise provided for, including not to ex12 ceed $7,000 for official reception and representation ex13 penses, $962,558,000, of which $532,782,000 shall be

14 provided from the various funds of the Federal Housing

15 Administration, $9,101,000 shall be provided from funds

16 of the Government National Mortgage Association, and

17 $675,000 shall be provided from the Community Develop18 ment Grants Program account.

19 OFFICE OF INSPECTOR GENERAL

20 (INCLUDING TRANSFER OF FUNDS)

21 For necessary expenses of the Office of Inspector

22 General in carrying out the provisions of the Inspector

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

24 $11,283,000 shall be provided from the various funds of

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

26 be provided from the amount earmarked for Operation
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1 Safe Home in the Drug elimination grants for low income

2 housing account.

3 OFFICE OF FEDERAL HOUSING ENTERPRISE OVERSIGHT

4 SALARIES AND EXPENSES

5 (INCLUDING TRANSFER OF FUNDS)

6 For carrying out the Federal Housing Enterprise Fi7 nancial Safety and Soundness Act of 1992, $14,895,000,

8 to remain available until expended, from the Federal

9 Housing Enterprise Oversight Fund: Provided, That such

10 amounts shall be collected by the Director as authorized

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

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

13 ADMINISTRATIVE PROVISIONS

14 SEC. 201. MINIMUM RENTS.—Notwithstanding sec15 tion 3(a) and 8(o)(2) of the United States Housing Act

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

17 (1) public housing agencies shall require each

18 family who is assisted under the certificate or mod19 erate rehabilitation program under section 8 of such

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

21 (2) public housing agencies shall reduce the

22 monthly assistance payment on behalf of each family

23 who is assisted under the voucher program under

24 section 8 of such Act so that the family pays a mini25 mum monthly rent of up to $25;
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1 (3) with respect to housing assisted under other

2 programs for rental assistance under section 8 of

3 such Act, the Secretary shall require each family

4 who is assisted under such program to pay a mini5 mum monthly rent of up to $25; and

6 (4) public housing agencies shall require each

7 family who is assisted under the public housing pro8 gram (including public housing for Indian families)

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

10 SEC. 202. ADMINISTRATIVE FEES.—Notwithstand11 ing section 8(q) of the United States Housing Act of 1937,

12 as amended—

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

14 administering the certificate, voucher and moderate reha15 bilitation programs.

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

17 month for which a dwelling unit is covered by an as18 sistance contract shall be 7.5 percent of the base

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

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

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

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

23 each additional unit above 600.

24 (B) The base amount shall be the higher of—
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1 (i) the fair market rental for fiscal year

2 1993 for a 2-bedroom existing rental dwelling

3 unit in the market area of the agency; and

4 (ii) such fair market rental for fiscal year

5 1994, but not more than 103.5 percent of the

6 amount determined under clause (i).

7 (C) The base amount shall be adjusted to re8 flect changes in the wage data or other objectively

9 measurable data that reflect the costs of administer10 ing the program during fiscal year 1996; except that

11 the Secretary may require that the base amount be

12 not less than a minimum amount and not more than

13 a maximum amount.

14 (2) For subsequent fiscal years, the Secretary

15 shall publish a notice in the Federal Register, for

16 each geographic area, establishing the amount of the

17 fee that would apply for the agencies administering

18 the program, based on changes in wage data or

19 other objectively measurable data that reflect the

20 cost of administering the program, as determined by

21 the Secretary.

22 (3) The Secretary may increase the fee if nec23 essary to reflect higher costs of administering small

24 programs and programs operating over large geo25 graphic areas.
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1 (4) The Secretary may decrease the fee for

2 PHA-owned units.

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

4 Secretary shall also establish reasonable fees (as deter5 mined by the Secretary) for—

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

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

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

9 assistance program under the United States Hous10 ing Act of 1937 and only if, immediately before the

11 effective date of this Act, it was not administering

12 a tenant-based assistance program under the 1937

13 Act (as in effect immediately before the effective

14 date of this Act), in connection with its initial incre15 ment of assistance received;

16 (2) the costs incurred in assisting families who

17 experience difficulty (as determined by the Sec18 retary) in obtaining appropriate housing under the

19 program; and

20 (3) extraordinary costs approved by the Sec21 retary.

22 SEC. 203. SINGLE FAMILY ASSIGNMENT PRO23 GRAM.—Section 407(c) of the Balanced Budget Downpay24 ment Act, I (12 U.S.C. 1710 note), is amended by striking

25 ‘‘October 1, 1996’’ and inserting ‘‘October 1, 1997’’.
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1 SEC. 204. PORTFOLIO REENGINEERING.—(a) FIND2 INGS.—The Congress finds that—

3 (1) approximately 8,500 multifamily projects

4 with mortgages insured by the Secretary of Housing

5 and Urban Development under the National Hous6 ing Act are also receiving rental subsidies under con7 tracts entered into pursuant to section 8 of the

8 United States Housing Act of 1937;

9 (2) of the units with contracts that expire in

10 1997, approximately 83,000 units have section 8

11 contracts at rent levels that exceed market rate;

12 (3) the majority of such projects are receiving

13 rental assistance under such section 8 in amounts

14 exceeding the rents paid for comparable

15 unsubsidized units in the same or comparable mar16 ket areas, thereby creating an unreasonable burden

17 on Federal taxpayers;

18 (4) most of these projects have substantial

19 amounts of deferred maintenance and other capital

20 needs, despite receiving such assistance;

21 (5) in the absence of the renewal of the rental

22 assistance contracts for the projects at rents above

23 market rent, many of the projects would default on

24 their insured mortgages, resulting in massive claims
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1 under the multifamily mortgage insurance program

2 of the Secretary;

3 (6) it is in the interests of the taxpayers, the

4 tenants, owners, and operators of the projects, the

5 mortgagees and investors in the projects, and the

6 communities in which the projects are located to re7 duce the Federal rental assistance to market rates,

8 to address the capital needs of the projects, and con9 sistent with existing contractual rights, to eliminate

10 the economic risk of Federal mortgage insurance

11 claims on projects that are dependent on Federal

12 rent subsidies;

13 (7) the Department of Housing and Urban De14 velopment does not have the capacity to carry out a

15 program to restructure the portfolio of loans for

16 such projects and, therefore, should enter into agree17 ments with partners that will be delegated the au18 thority to take actions as may be necessary to

19 achieve the goals in subsection (b) through the tran20 sition of the projects to (i) market rate rents, and

21 (ii) financing not dependent on Federal mortgage in22 surance;

23 (8) such projects provide housing for many low24 income families, a significant proportion of which

25 are elderly or disabled families, and their particular
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1 housing needs should be recognized in carrying out

2 the program under this section;

3 (9) many responsible owners of such properties

4 have managed the properties in a competent and ef5 ficient manner, consistent with the purposes of the

6 Federal mortgage insurance and rental assistance

7 programs, by maintaining the properties as safe, de8 cent, and affordable housing and acting as good

9 partners of the Federal Government to provide hous10 ing for low-income families needing housing; and

11 (10) the program under this section should be

12 carried out in a manner that recognizes the capabili13 ties, performance, and legal rights of such respon14 sible owners.

15 (b) GOALS.—The Secretary of Housing and Urban

16 Development shall carry out the program under this sec17 tion in a manner that will—

18 (1) protect the financial interests of the Federal

19 Government through debt restructuring and subsidy

20 reduction;

21 (2) protect the rights of owners of properties

22 under the program, by providing a mechanism to re23 structure mortgages that would otherwise default;

24 and
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1 (3) in the most effective manner, address the

2 goals of—

3 (A) maintaining existing housing stock in

4 an affordable, decent, safe, and sanitary condi5 tion;

6 (B) minimizing involuntary displacement

7 and other adverse impacts on tenants;

8 (C) treating responsible owners as valued

9 partners in the ongoing operations regarding a

10 property;

11 (D) being cognizant of adverse income tax

12 consequences to owners;

13 (E) taking into account local housing mar14 ket conditions;

15 (F) supporting fair housing strategies;

16 (G) encouraging responsible ownership and

17 management of property;

18 (H) minimizing adverse impacts on resi19 dential neighborhoods; and

20 (I) promoting the economic self-sufficiency

21 of tenants.

22 (c) COMMUNITY AND TENANT INPUT.—In carrying

23 out this section, the Secretary shall develop procedures to

24 provide appropriate and timely notice to officials of the

25 unit of general local government affected, the community
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1 in which the project is located, and the tenants of the

2 project.

3 (d) APPLICABILITY.—

4 (1) IN GENERAL.—This section applies to

5 any—

6 (A) multifamily housing project with a

7 mortgage insured by the Secretary under the

8 National Housing Act, and

9 (B) mortgage debt on a multifamily hous10 ing project that is subject to such an insured

11 mortgage,

12 but only if the multifamily housing project referred

13 to in subparagraph (A) or (B) is covered in whole

14 or in part by a contract for project-based assistance

15 described in paragraph (2).

16 (2) PROJECT-BASED ASSISTANCE.—A contract

17 for project-based assistance described in this para18 graph is a contract—

19 (A) that expires during fiscal year 1997;

20 (B) under which the current assisted rents

21 are, in the aggregate, in excess of market rents;

22 and

23 (C) that provides assistance under—

24 (i) the new construction or substantial

25 rehabilitation program under section
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1 8(b)(2) of the United States Housing Act

2 of 1937 (as in effect before October 1,

3 1983);

4 (ii) the property disposition program

5 under section 8(b) of such Act;

6 (iii) the loan management set-aside

7 program under section 8(b) of such Act;

8 (iv) the project-based certificate pro9 gram under section 8(d)(2) of such Act;

10 (v) the moderate rehabilitation pro11 gram under section 8(e)(2) of such Act;

12 (vi) section 23 of the United States

13 Housing Act of 1937 (as in effect before

14 January 1, 1975);

15 (vii) the preservation program under

16 the Emergency Low Income Housing Pres17 ervation Act of 1987 or the Low-Income

18 Housing Preservation and Resident Home19 ownership Act of 1990;

20 (viii) the rent supplement program

21 under section 101 of the Housing and

22 Urban Development Act of 1965;

23 (ix) section 8 of the United States

24 Housing Act of 1937, following conversion

25 from assistance under section 101 of the
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1 Housing and Urban Development Act of

2 1965; or

3 (x) section 236(f)(2) of the National

4 Housing Act.

5 (e) QUALIFIED LIABILITY MANAGERS.—

6 (1) USE.—In carrying out the program under

7 this section, the Secretary may use arrangements

8 with one or more third parties (in this section re9 ferred to as ‘‘qualified liability managers’’) under

10 which the Secretary may provide for the assumption

11 by delegation, contract, or otherwise of some or all

12 of the functions, obligations, and benefits of the Sec13 retary, as the Secretary determines to be reasonably

14 necessary to accomplish the goals of this section.

15 (2) SELECTION.—Qualified liability managers

16 shall be selected by the Secretary using competitive

17 procedures. Each qualified liability manager shall be

18 a State housing finance agency with the dem19 onstrated financial and technical capacity (A) to as20 sume and manage the insurance risk of the Sec21 retary, (B) to discharge public purpose objectives

22 (including the goals set out in subsection (b)), and

23 (C) to restructure and recapitalize the housing

24 projects described in subsection (d). In the absence

25 of a State housing finance agency with the dem-
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1 onstrated financial and technical capacity to carry

2 out the responsibilities set forth in clauses (A)

3 through (C) of the preceding sentence, a qualified li4 ability manager shall be composed of a State hous5 ing finance agency that partners with one or more

6 entities (including public entities, private sector enti7 ties, and nonprofit organizations) with the dem8 onstrated financial and technical capacity to carry

9 out such responsibilities. Each qualified liability

10 manager shall demonstrate an understanding of the

11 public purposes of the multifamily housing mortgage

12 insurance programs under the National Housing Act

13 and the project-based assistance programs under

14 section (d)(2) and the role of responsible project

15 owners under such programs.

16 (3) ROLE.—Under the program under this sec17 tion, each selected qualified liability manager shall

18 assume, to the maximum extent possible, the finan19 cial risk of the Secretary for the mortgage insurance

20 for one or more projects described in subsection (d),

21 and the responsibility for the restructuring of the fi22 nancial and physical condition of such projects and

23 the protection of the tenants residing in the projects.

24 In carrying out activities under this section, the

25 qualified liability managers shall—
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1 (A) protect residents and communities by

2 providing for protections against displacement

3 of existing residents under subsection (f), for

4 local government and community involvement in

5 the restructuring process, and for promotion of

6 the economic self-sufficiency of residents;

7 (B) before expiration of the section 8 con8 tract on a project described in subsection (d),

9 act efficiently by reducing the debt on the prop10 erty to a level that can be supported by market

11 rents and concurrently reducing section 8 rents

12 that are over market rents to market rents;

13 (C) act in a manner that respects the legal

14 rights of owners and lenders;

15 (D) when the owner has negotiated in good

16 faith, act to prevent defaults of the mortgages

17 to the extent economically practicable; and

18 (E) protect Federal taxpayers by ensuring

19 that projects that are restructured will be finan20 cially and physically viable.

21 (4) CONDITIONS ON ACTIVITIES.—A qualified

22 liability manager may take one or more of the ac23 tions under paragraph (5) to restructure the finan24 cial and physical condition of a project described in

25 subsection (d), only if the qualified liability manager
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1 determines that such actions are economically pru2 dent and feasible.

3 (5) AUTHORIZED ACTIONS.—Except as provided

4 in paragraphs (4) and (6), and notwithstanding any

5 other provision of law, the Secretary and a qualified

6 liability manager may take the following actions (ex7 cept that a qualified liability manager may take only

8 actions under subparagraphs (C) through (F)) in

9 order to accomplish the goals of this section:

10 (A) REINSURANCE AND PARTICIPATION.—

11 In order to transfer the economic liability for

12 the existing mortgage insurance on the projects

13 from the Secretary, to the maximum extent pos14 sible, enter into contracts to purchase reinsur15 ance, or enter into participation or otherwise

16 transfer economic interest in contracts of insur17 ance or in the premiums paid, or due to be

18 paid, on such insurance, or both, to the quali19 fied liability manager, on such terms and condi20 tions as the Secretary may determine.

21 (B) DELEGATION.—Delegate to the quali22 fied liability manager the authority to carry out

23 some or all of the functions and responsibilities

24 of the Secretary in connection with mortgages
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1 insured by the Secretary and with mortgages

2 held and properties owned by the Secretary.

3 (C) CONSIDERATION FOR PARTICIPA4 TION.—From available amounts, including

5 amounts under subsection (i), enter into such

6 agreements, provide such concessions, incur

7 such costs, make such grants (including grants

8 to cover all or a portion of the rehabilitation

9 costs for a project) and other payments, and

10 provide other valuable consideration, as may

11 reasonably be necessary to induce participation

12 of owners, lenders, servicers, third parties, and

13 other entities in the program under this section,

14 taking into consideration any accumulated re15 sidual receipts and reserves for replacements

16 for the project.

17 (D) MODIFICATION OF RESTRICTIONS.—

18 Remove, relinquish, extinguish, modify, or agree

19 to the removal of any mortgage, regulatory

20 agreement, project-based assistance contract,

21 use agreement, or restriction that had been im22 posed or required, including restrictions on dis23 tributions of income.

24 (E) ASSIGNMENT.—In the event the Sec25 retary or qualified liability manager determines
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1 that, upon expiration of any contract described

2 in subsection (d)(2), the insured mortgage

3 would default, permit the mortgagee to elect to

4 assign the mortgage, make a full payment of

5 claim under the National Housing Act, thereby

6 extinguishing any remaining insurance risk of

7 the Secretary.

8 (F) PROPERTY MANAGEMENT AND DIS9 POSITION.—Manage and dispose of multifamily

10 properties owned and multifamily mortgages

11 held, on such terms and conditions as may be

12 determined.

13 (6) REQUIRED CONSENT.—In order to ensure

14 that contract rights are not abrogated, the actions

15 authorized under paragraph (5) shall be subject to

16 such third party consents as are necessary (if any),

17 including consent by—

18 (A) the Government National Mortgage

19 Association, in any case in which such Associa20 tion owns a mortgage insured by the Secretary;

21 (B) an issuer under the mortgage-backed

22 securities program of the Government National

23 Mortgage Association, subject to the respon24 sibilities of the issuer to its security holders and

25 the Association under such program; and
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1 (C) parties to any contractual agreement

2 which the Secretary proposed to modify or dis3 continue.

4 (f) RENTAL ASSISTANCE.—

5 (1) TENANT-BASED ASSISTANCE.—Except in

6 the case of projects subject to paragraph (2), in con7 nection with the termination of any assistance con8 tract described in subsection (d)(2) for a project, the

9 Secretary or a qualified liability manager shall pro10 vide tenant-based assistance under section 8 to—

11 (A) each eligible family residing in the

12 project at the time the assistance under sub13 section (d)(2) terminates; and

14 (B) each household residing in the project

15 that becomes qualified as an eligible family

16 within 12 months of such time due to a rent in17 crease.

18 Notwithstanding sections 8(c)(1) and 8(o)(1), in the

19 case of eligible families that reside in a project cov20 ered by one or more actions under this section where

21 the reasonable rent (which rent shall include any

22 amount allowed for utilities and shall not exceed

23 comparable market rents for the relevant housing

24 market area) exceeds the fair market rent limitation

25 or the payment standard, as applicable, the amount
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1 of assistance under this subsection for the family

2 shall be determined based on such reasonable rent.

3 For the certificate program under section 8(b), the

4 maximum monthly rent under the contract (plus any

5 amount allowed for utilities) shall be such reasonable

6 rent for the unit. For the voucher program under

7 section 8(o), the payment standard shall be deemed

8 to be such reasonable rent for the unit.

9 (2) PROJECT-BASED ASSISTANCE.—Notwith10 standing paragraph (1) of this section and the re11 quirements of section 8(d)(2), at the request of the

12 appropriate unit of general local government, the ap13 propriate public housing agency shall provide

14 project-based assistance under section 8 for the

15 project in accordance with guidelines issued by the

16 Secretary.

17 (g) EFFECT ON OTHER AUTHORITY.—Nothing in

18 this section shall be construed to limit the Secretary’s au19 thority under other provisions of law.

20 (h) DEFINITIONS.—For purposes of this section, the

21 following definitions shall apply:

22 (1) ELIGIBLE FAMILY.—The term ‘‘eligible

23 family’’ means an individual or family—
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1 (A) who qualifies as a very low-income

2 family under section 3(b) of the United States

3 Housing Act of 1937; or

4 (B) who—

5 (i) resides in a project to which the

6 program under this section applies;

7 (ii) qualifies as a low-income family

8 (other than a very low-income family)

9 under section 3(b) of the United States

10 Housing Act of 1937, or, regardless of in11 come, qualifies as an elderly or disabled

12 family under section 3(b) of such Act; and

13 (iii) who, without section 8 assistance,

14 would be required to pay more than the

15 amount determined under section 3(a)(1)

16 of the United States Housing Act of 1937

17 for rent for the unit in which the eligible

18 family resides (or in another unit in the

19 same project).

20 (2) SECRETARY.—The term ‘‘Secretary’’ means

21 the Secretary of Housing and Urban Development.

22 (3) SECTION 8.—The term ‘‘section 8’’ means

23 section 8 of the United States Housing Act of 1937.

24 (i) FUNDING.—For purposes of carrying out this sec25 tion, the Secretary may make available any amounts—
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1 (1) from the appropriate insurance fund as oth2 erwise authorized under the National Housing Act

3 and for activities as authorized in this section; and

4 (2) recaptured from a project under the pro5 gram in connection with the termination, non6 renewal, or expiration of a contract (A) under sec7 tion 8, or (B) for interest reduction payments under

8 section 236 of the National Housing Act.

9 SEC. 205. SECTION 8 CONTRACT RENEWALS.—(a)

10 AUTHORITY.—For fiscal year 1997 and fiscal years there11 after, the Secretary of Housing and Urban Development

12 may use amounts available for the renewal of assistance

13 under section 8 of the United States Housing Act of 1937,

14 upon termination or expiration of a contract for assistance

15 under section 8 (other than a contract for tenant-based

16 assistance) to provide assistance under section 8, at rent

17 levels not to exceed the lesser of (1) the rents in effect

18 upon termination or expiration, or (2) comparable market

19 rents, for the eligible families assisted under the contracts

20 at expiration or termination but, in no case may rents be

21 increased to comparable market rents. In the case of any

22 project assisted under section 8, not insured under the Na23 tional Housing Act, and for which the original primary

24 financing was provided by a public agency and remains

25 outstanding, contract rents shall be renewed at the rents
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1 in effect upon termination or expiration of the contract.

2 Such assistance shall be in accordance with terms and con3 ditions prescribed by the Secretary. The Secretary may

4 approve assisted rents in excess of market rents (but not

5 more than the rents in effect upon termination or expira6 tion) for a particular housing project, but only if the Sec7 retary finds that such market rents are not sufficient to

8 cover reasonable operating expenses (excluding debt serv9 ice) for that project, taking into account reasonable oper10 ating costs for similar properties.

11 (b) REPEAL.—The sentence immediately preceding

12 section 8(w) of the United States Housing Act of 1937

13 (42 U.S.C. 1437f(w)) is hereby repealed.

14 SEC. 206. FLEXIBLE AUTHORITY.—During fiscal

15 year 1997 and fiscal years thereafter, the Secretary may

16 manage and dispose of multifamily properties owned by

17 the Secretary and multifamily mortgages held by the Sec18 retary on such terms and conditions as the Secretary may

19 determine, notwithstanding any other provision of law.

20 TITLE III

21 INDEPENDENT AGENCIES

22 AMERICAN BATTLE MONUMENTS COMMISSION

23 SALARIES AND EXPENSES

24 For necessary expenses, not otherwise provided for,

25 of the American Battle Monuments Commission, including
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1 the acquisition of land or interest in land in foreign coun2 tries; purchases and repair of uniforms for caretakers of

3 national cemeteries and monuments outside of the United

4 States and its territories and possessions; rent of office

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

6 replacement only) and hire of passenger motor vehicles;

7 and insurance of official motor vehicles in foreign coun8 tries, when required by law of such countries;

9 $22,265,000, to remain available until expended: Pro10 vided, That where station allowance has been authorized

11 by the Department of the Army for officers of the Army

12 serving the Army at certain foreign stations, the same al13 lowance shall be authorized for officers of the Armed

14 Forces assigned to the Commission while serving at the

15 same foreign stations, and this appropriation is hereby

16 made available for the payment of such allowance: Pro17 vided further, That when traveling on business of the Com18 mission, officers of the Armed Forces serving as members

19 or as Secretary of the Commission may be reimbursed for

20 expenses as provided for civilian members of the Commis21 sion: Provided further, That the Commission shall reim22 burse other Government agencies, including the Armed

23 Forces, for salary, pay, and allowances of personnel as24 signed to it.
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1 DEPARTMENT OF THE TREASURY

2 COMMUNITY DEVELOPMENT FINANCIAL INSTITUTIONS

3 COMMUNITY DEVELOPMENT FINANCIAL INSTITUTIONS

4 FUND PROGRAM ACCOUNT

5 For grants, loans, and technical assistance to qualify6 ing community development lenders, and administrative

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

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

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

10 be used for administrative expenses to carry out the direct

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

14 1974: Provided further, That not more than $19,400,000

15 of the funds made available under this heading may be

16 used for programs and activities authorized in section 114

17 of the Community Development Banking and Financial

18 Institutions Act of 1994.

19 CONSUMER PRODUCT SAFETY COMMISSION

20 SALARIES AND EXPENSES

21 For necessary expenses of the Consumer Product

22 Safety Commission, including hire of passenger motor ve23 hicles, services as authorized by 5 U.S.C. 3109, but at

24 rates for individuals not to exceed the per diem rate equiv25 alent to the rate for GS–18, purchase of nominal awards
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1 to recognize non-Federal officials’ contributions to Com2 mission activities, and not to exceed $500 for official re3 ception and representation expenses, $42,500,000.

4 CORPORATION FOR NATIONAL AND COMMUNITY SERVICE

5 NATIONAL AND COMMUNITY SERVICE PROGRAMS

6 OPERATING EXPENSES

7 (INCLUDING TRANSFER OF FUNDS)

8 For necessary expenses for the Corporation for Na9 tional and Community Service (referred to in the matter

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

11 programs, activities, and initiatives under the National

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

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

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

15 available for obligation from September 1, 1997, through

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

17 $25,000,000 shall be available for administrative expenses

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

19 12671(a)(4)): Provided further, That not more than

20 $2,500 shall be for official reception and representation

21 expenses: Provided further, That not more than

22 $40,000,000, to remain available without fiscal year limi23 tation, shall be transferred to the National Service Trust

24 account for educational awards authorized under subtitle

25 D of title I of the Act (42 U.S.C. 12601 et seq.): Provided
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1 further, That not more than $201,000,000 of the amount

2 provided under this heading shall be available for grants

3 under the National Service Trust program authorized

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

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

6 program): Provided further, That not more than

7 $5,000,000 of the funds made available under this head8 ing shall be made available for the Points of Light Foun9 dation for activities authorized under title III of the Act

10 (42 U.S.C. 12661 et seq.): Provided further, That no funds

11 shall be available for national service programs run by

12 Federal agencies authorized under section 121(b) of such

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

14 maximum extent feasible, funds appropriated in the pre15 ceding proviso shall be provided in a manner that is con16 sistent with the recommendations of peer review panels in

17 order to ensure that priority is given to programs that

18 demonstrate quality, innovation, replicability, and sustain19 ability: Provided further, That not more than $17,500,000

20 of the funds made available under this heading shall be

21 available for the Civilian Community Corps authorized

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

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

24 $41,500,000 shall be available for school-based and com25 munity-based service-learning programs authorized under
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1 subtitle B of title I of the Act (42 U.S.C. 12521 et seq.):

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

3 be available for quality and innovation activities author4 ized under subtitle H of title I of the Act (42 U.S.C.

5 12853 et seq.): Provided further, That not more than

6 $5,000,000 shall be available for audits and other evalua7 tions authorized under section 179 of the Act (42 U.S.C.

8 12639): Provided further, That no funds from any other

9 appropriation, or from funds otherwise made available to

10 the Corporation, shall be used to pay for personnel com11 pensation and benefits, travel, or any other administrative

12 expense for the Board of Directors, the Office of the Chief

13 Executive Officer, the Office of the Managing Director,

14 the Office of the Chief Financial Officer, the Office of Na15 tional and Community Service Programs, the Civilian

16 Community Corps, or any field office or staff of the Cor17 poration working on the National and Community Service

18 or Civilian Community Corps programs: Provided further,

19 That to the maximum extent practicable, the Corporation

20 shall increase significantly the level of matching funds and

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

22 expand significantly the number of educational awards

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

24 total Federal costs per participant in all programs.
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1 OFFICE OF INSPECTOR GENERAL

2 For necessary expenses of the Office of Inspector

3 General in carrying out the provisions of the Inspector

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

5 COURT OF VETERANS APPEALS

6 SALARIES AND EXPENSES

7 For necessary expenses for the operation of the Unit8 ed States Court of Veterans Appeals as authorized by 38

9 U.S.C. sections 7251–7292, $9,229,000, of which

10 $634,000, to remain available until September 30, 1998,

11 shall be available for the purpose of providing financial

12 assistance as described, and in accordance with the proc13 ess and reporting procedures set forth, under this heading

14 in Public Law 102–227.

15 DEPARTMENT OF DEFENSE—CIVIL

16 CEMETERIAL EXPENSES, ARMY

17 SALARIES AND EXPENSES

18 For necessary expenses, as authorized by law, for

19 maintenance, operation, and improvement of Arlington

20 National Cemetery and Soldiers’ and Airmen’s Home Na21 tional Cemetery, including the purchase of one passenger

22 motor vehicle for replacement only, and not to exceed

23 $1,000 for official reception and representation expenses,

24 $11,600,000, to remain available until expended.
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1 ENVIRONMENTAL PROTECTION AGENCY

2 SCIENCE AND TECHNOLOGY

3 For science and technology, including research and

4 development activities, which shall include research and

5 development activities under the Comprehensive Environ6 mental Response, Compensation, and Liability Act of

7 1980 (CERCLA), as amended; necessary expenses for per8 sonnel and related costs and travel expenses, including

9 uniforms, or allowances therefore, as authorized by 5

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

11 3109, but at rates for individuals not to exceed the per

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

13 of laboratory equipment and supplies; other operating ex14 penses in support of research and development; construc15 tion, alteration, repair, rehabilitation and renovation of fa16 cilities, not to exceed $75,000 per project, $540,000,000,

17 which shall remain available until September 30, 1998.

18 ENVIRONMENTAL PROGRAMS AND MANAGEMENT

19 For environmental programs and management, in20 cluding necessary expenses, not otherwise provided for, for

21 personnel and related costs and travel expenses, including

22 uniforms, or allowances therefore, as authorized by 5

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

24 3109, but at rates for individuals not to exceed the per

25 diem rate equivalent to the rate for GS–18; hire of pas-
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1 senger motor vehicles; hire, maintenance, and operation

2 of aircraft; purchase of reprints; library memberships in

3 societies or associations which issue publications to mem4 bers only or at a price to members lower than to subscrib5 ers who are not members; construction, alteration, repair,

6 rehabilitation, and renovation of facilities, not to exceed

7 $75,000 per project; and not to exceed $6,000 for official

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

9 which shall remain available until September 30, 1998.

10 OFFICE OF INSPECTOR GENERAL

11 For necessary expenses of the Office of Inspector

12 General in carrying out the provisions of the Inspector

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

14 alteration, repair, rehabilitation, and renovation of facili15 ties, not to exceed $75,000 per project, $28,500,000.

16 BUILDINGS AND FACILITIES

17 For construction, repair, improvement, extension, al18 teration, and purchase of fixed equipment or facilities of,

19 or for use by, the Environmental Protection Agency,

20 $107,220,000, to remain available until expended: Pro21 vided, That EPA is authorized to establish and construct

22 a consolidated research facility at Research Triangle Park,

23 North Carolina, at a maximum total construction cost of

24 $232,000,000, and to obligate such monies as are made

25 available by this Act for this purpose: Provided further,
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1 That EPA is authorized to construct such facility through

2 multi-year contracts incrementally funded through appro3 priations hereafter made available for this project: Pro4 vided further, That, notwithstanding the previous provisos,

5 for monies obligated pursuant to this authority, EPA may

6 not obligate monies in excess of those provided in advance

7 in annual appropriations, and such contracts shall clearly

8 provide for this limitation.

9 HAZARDOUS SUBSTANCE SUPERFUND

10 (INCLUDING TRANSFER OF FUNDS)

11 For necessary expenses to carry out the Comprehen12 sive Environmental Response, Compensation, and Liabil13 ity Act of 1980 (CERCLA), as amended, including sec14 tions 111 (c)(3), (c)(5), (c)(6), and (e)(4) (42 U.S.C.

15 9611), and for construction, alteration, repair, rehabilita16 tion, and renovation of facilities, not to exceed $75,000

17 per project; not to exceed $2,200,000,000, to remain avail18 able until expended, consisting of $1,950,000,000 as au19 thorized by section 517(a) of the Superfund Amendments

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

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

22 from general revenues to the Hazardous Substance

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

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

25 appropriated under this heading may be allocated to other
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1 Federal agencies in accordance with section 111(a) of

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

3 funds appropriated under this heading shall be transferred

4 to the ‘‘Office of Inspector General’’ appropriation to re5 main available until September 30, 1997: Provided further,

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

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

8 funds appropriated under this heading shall be available

9 to the Agency for Toxic Substances and Disease Registry

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

11 111(c)(4), and 111(c)(14) of CERCLA and section 118(f)

12 of the Superfund Amendments and Reauthorization Act

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

14 appropriated under this heading shall be transferred to

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

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

17 none of the funds appropriated under this heading shall

18 be available for the Agency for Toxic Substances and Dis19 ease Registry to issue in excess of 40 toxicological profiles

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

21 1997: Provided further, That $861,000,000 of the funds

22 appropriated under this heading shall become available for

23 obligation only upon the enactment of future legislation

24 that specifically makes these funds available for obligation.
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1 LEAKING UNDERGROUND STORAGE TANK TRUST FUND

2 (INCLUDING TRANSFER OF FUNDS)

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

7 rehabilitation, and renovation of facilities, not to exceed

8 $75,000 per project, $46,500,000, to remain available

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

10 shall be available for administrative expenses: Provided

11 further, That $577,000 shall be transferred to the ‘‘Office

12 of Inspector General’’ appropriation to remain available

13 until September 30, 1997.

14 OIL SPILL RESPONSE

15 (INCLUDING TRANSFER OF FUNDS)

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

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

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

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

21 of these funds shall be available for administrative ex22 penses.

23 STATE AND TRIBAL ASSISTANCE GRANTS

24 For environmental programs and infrastructure as25 sistance, including capitalization grants for State revolv-
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1 ing funds and performance partnership grants,

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

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

4 grants for State revolving funds to support water infra5 structure financing; $100,000,000 for architectural, engi6 neering, planning, design, construction and related activi7 ties in connection with the construction of high priority

8 water and wastewater facilities in the area of the United

9 States-Mexico Border, after consultation with the appro10 priate border commission; $50,000,000 for grants to the

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

12 amount of State funds from State resources, for the pur13 pose of improving wastewater treatment for colonias;

14 $15,000,000 for grants to the State of Alaska subject to

15 an appropriate cost share as determined by the Adminis16 trator, to address wastewater infrastructure needs of rural

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

18 grants for the construction of wastewater treatment facili19 ties and the development of groundwater in accordance

20 with the terms and conditions specified for such grants

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

22 for grants to States and federally recognized tribes for

23 multi-media or single media pollution prevention, control

24 and abatement and related activities pursuant to the pro25 visions set forth under this heading in Public Law 104–
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1 134: Provided, That, from funds appropriated under this

2 heading, the Administrator may make grants to federally

3 recognized Indian governments for the development of

4 multi-media environmental programs: Provided further,

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

6 State revolving funds to support water infrastructure fi7 nancing, $450,000,000 shall be for drinking water State

8 revolving funds, but if no drinking water State revolving

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

10 shall immediately be available for making capitalization

11 grants under title VI of the Federal Water Pollution Con12 trol Act, as amended.

13 WORKING CAPITAL FUND

14 (INCLUDING TRANSFER OF FUNDS)

15 There is hereby established in the Treasury a fran16 chise fund pilot to be known as the ‘‘Working capital

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

18 356, to be available as provided in such section for ex19 penses and equipment necessary for the maintenance and

20 operation of such administrative services as the Adminis21 trator determines may be performed more advantageously

22 as central services: Provided, That any inventories, equip23 ment, and other assets pertaining to the services to be pro24 vided by such fund, either on hand or on order, less the

25 related liabilities or unpaid obligations, and any appropria-
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1 tions made hereafter for the purpose of providing capital,

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

3 That such fund shall be paid in advance from funds avail4 able to the Agency and other Federal agencies for which

5 such centralized services are performed, at rates which will

6 return in full all expenses of operation, including accrued

7 leave, depreciation of fund plant and equipment, amortiza8 tion of automated data processing (ADP) software and

9 systems (either acquired or donated), and an amount nec10 essary to maintain a reasonable operating reserve, as de11 termined by the Administrator: Provided further, That

12 such fund shall provide services on a competitive basis:

13 Provided further, That an amount not to exceed four per14 cent of the total annual income to such fund may be re15 tained in the fund for fiscal year 1997 and each fiscal

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

17 used for the acquisition of capital equipment and for the

18 improvement and implementation of Agency financial

19 management, ADP, and other support systems: Provided

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

21 each fiscal year amounts in excess of this reserve limita22 tion shall be transferred to the Treasury: Provided further,

23 That such franchise fund pilot shall terminate pursuant

24 to section 403(f) of Public Law 103–356.
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1 ADMINISTRATIVE PROVISION

2 SEC. 301. Notwithstanding any other provision of

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

4 Protection Agency for any account, program or project

5 may be transferred to Science and Technology for nec6 essary research activities, subject to the terms and condi7 tions set forth in the Report accompanying this Act.

8 EXECUTIVE OFFICE OF THE PRESIDENT

9 OFFICE OF SCIENCE AND TECHNOLOGY POLICY

10 For necessary expenses of the Office of Science and

11 Technology Policy, in carrying out the purposes of the Na12 tional Science and Technology Policy, Organization, and

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

14 of passenger motor vehicles, and services as authorized by

15 5 U.S.C. 3109, not to exceed $2,500 for official reception

16 and representation expenses, and rental of conference

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

18 COUNCIL ON ENVIRONMENTAL QUALITY AND OFFICE OF

19 ENVIRONMENTAL QUALITY

20 For necessary expenses to continue functions as21 signed to the Council on Environmental Quality and Office

22 of Environmental Quality pursuant to the National Envi23 ronmental Policy Act of 1969, the Environmental Quality

24 Improvement Act of 1970, and Reorganization Plan No.

25 1 of 1977, $2,250,000.
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1 FEDERAL EMERGENCY MANAGEMENT AGENCY

2 DISASTER RELIEF

3 For necessary expenses in carrying out the Robert

4 T. Stafford Disaster Relief and Emergency Assistance Act

5 (42 U.S.C. 5121 et seq.), $1,320,000,000, and, notwith6 standing 42 U.S.C. 5203, to become available for obliga7 tion on September 30, 1997, and remain available until

8 expended.

9 DISASTER ASSISTANCE DIRECT LOAN PROGRAM ACCOUNT

10 For the cost of direct loans, $1,385,000, as author11 ized by section 319 of the Robert T. Stafford Disaster Re12 lief and Emergency Assistance Act (42 U.S.C. 5121 et

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

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

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

16 Provided further, That these funds are available to sub17 sidize gross obligations for the principal amount of direct

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

19 In addition, for administrative expenses to carry out

20 the direct loan program, $548,000.

21 SALARIES AND EXPENSES

22 For necessary expenses, not otherwise provided for,

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

24 1343); uniforms, or allowances therefor, as authorized by

25 5 U.S.C. 5901–5902; services as authorized by 5 U.S.C.
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1 3109, but at rates for individuals not to exceed the per

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

3 attendance of cooperating officials and individuals at

4 meetings concerned with the work of emergency prepared5 ness; transportation in connection with the continuity of

6 Government programs to the same extent and in the same

7 manner as permitted the Secretary of a Military Depart8 ment under 10 U.S.C. 2632; and not to exceed $2,500

9 for official reception and representation expenses,

10 $168,000,000.

11 OFFICE OF INSPECTOR GENERAL

12 For necessary expenses of the Office of Inspector

13 General in carrying out the provisions of the Inspector

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

15 EMERGENCY MANAGEMENT PLANNING AND ASSISTANCE

16 For necessary expenses, not otherwise provided for,

17 to carry out activities under the National Flood Insurance

18 Act of 1968, as amended, and the Flood Disaster Protec19 tion Act of 1973, as amended (42 U.S.C. 4001 et seq.),

20 the Robert T. Stafford Disaster Relief and Emergency As21 sistance Act (42 U.S.C. 5121 et seq.), the Earthquake

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

23 7701 et seq.), the Federal Fire Prevention and Control

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

25 Defense Production Act of 1950, as amended (50 U.S.C.
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1 App. 2061 et seq.), sections 107 and 303 of the National

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

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

4 EMERGENCY FOOD AND SHELTER PROGRAM

5 To carry out an emergency food and shelter program

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

7 $100,000,000: Provided, That total administrative costs

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

9 appropriation.

10 NATIONAL FLOOD INSURANCE FUND

11 For activities under the National Flood Insurance

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

13 and the National Flood Insurance Reform Act of 1994,

14 not to exceed $20,981,000 for salaries and expenses asso15 ciated with flood mitigation and flood insurance oper16 ations, and not to exceed $78,464,000 for flood mitigation,

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

18 1366 of the National Flood Insurance Act, which amount

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

20 1997, no funds in excess of (1) $47,000,000 for operating

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

22 taxes, and (3) $35,000,000 for interest on Treasury bor23 rowings shall be available from the National Flood Insur24 ance Fund without prior notice to the Committees on Ap25 propriations. For fiscal year 1997, flood insurance rates
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1 shall not exceed the level established for such rates as of

2 June 1, 1996.

3 WORKING CAPITAL FUND

4 For the establishment of a working capital fund for

5 the Federal Emergency Management Agency, to be avail6 able without fiscal year limitation, for expenses and equip7 ment necessary for maintenance and operations of such

8 administrative services as the Director determines may be

9 performed more advantageously as central services: Pro10 vided, That any inventories, equipment, and other assets

11 pertaining to the services to be provided by such fund, ei12 ther on hand or on order, less the related liabilities or un13 paid obligations, and any appropriations made hereafter

14 for the purpose of providing capital, shall be used to cap15 italize such fund: Provided further, That such fund shall

16 be reimbursed or credited with advance payments from ap17 plicable appropriations and funds of the Federal Emer18 gency Management Agency, other Federal agencies, and

19 other sources authorized by law for which such centralized

20 services are performed, including supplies, materials, and

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

22 operation, including accrued leave, depreciation of fund

23 plant and equipment, amortization of automated data

24 processing (ADP) software and systems (either acquired

25 or donated), and an amount necessary to maintain a rea26 sonable operating reserve as determined by the Director:
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1 Provided further, That income of such fund may be re2 tained, to remain available until expended, for purposes

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

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

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

6 deposited in the fund shall remain available until expended

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

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

9 of Public Law 103–356.

10 ADMINISTRATIVE PROVISION

11 The Director of the Federal Emergency Management

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

14 and collected beginning in fiscal year 1997 applicable to

15 persons subject to the Federal Emergency Management

16 Agency’s radiological emergency preparedness regulations.

17 The aggregate charges assessed pursuant to this section

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

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

20 Federal Emergency Management Agency to be obligated

21 for its radiological emergency preparedness program for

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

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

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

2 persons and the administrative costs of collecting such

3 fees. Fees received pursuant to this section shall be depos4 ited in the general fund of the Treasury as offsetting re5 ceipts. Assessment and collection of such fees are only au6 thorized during fiscal year 1997.

7 GENERAL SERVICES ADMINISTRATION

8 CONSUMER INFORMATION CENTER FUND

9 For necessary expenses of the Consumer Information

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

11 $2,260,000, to be deposited into the Consumer Informa12 tion Center Fund: Provided, That the appropriations, rev13 enues and collections deposited into the fund shall be

14 available for necessary expenses of Consumer Information

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

16 Administrative expenses of the Consumer Information

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

18 Appropriations, revenues, and collections accruing to this

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

20 remain in the fund and shall not be available for expendi21 ture except as authorized in appropriations Acts: Provided

22 further, That notwithstanding any other provision of law,

23 the Consumer Information Center may accept and deposit

24 to this account, during fiscal year 1997, gifts for the pur25 pose of defraying its costs of printing, publishing, and dis-
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1 tributing consumer information and educational material;

2 may expend up to $1,100,000 of those gifts for those pur3 poses, in addition to amounts otherwise appropriated; and

4 the balance shall remain available for expenditure for such

5 purpose to the extent authorized in subsequent appropria6 tions Acts.

7 NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

8 HUMAN SPACE FLIGHT

9 For necessary expenses, not otherwise provided for,

10 in the conduct and support of human space flight research

11 and development activities, including research, develop12 ment, operations, and services; maintenance; construction

13 of facilities including repair, rehabilitation, and modifica14 tion of real and personal property, and acquisition or con15 demnation of real property, as authorized by law; space

16 flight, spacecraft control and communications activities in17 cluding operations, production, and services; and pur18 chase, lease, charter, maintenance and operation of mis19 sion and administrative aircraft, $5,362,900,000, to re20 main available until September 30, 1998.

21 SCIENCE, AERONAUTICS AND TECHNOLOGY

22 For necessary expenses, not otherwise provided for,

23 in the conduct and support of science, aeronautics and

24 technology research and development activities, including

25 research, development, operations, and services; mainte-
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1 nance; construction of facilities including repair, rehabili2 tation, and modification of real and personal property, and

3 acquisition or condemnation of real property, as author4 ized by law; space flight, spacecraft control and commu5 nications activities including operations, production, and

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

7 operation of mission and administrative aircraft,

8 $5,662,100,000, to remain available until September 30,

9 1998. Chapter VII of Public Law 104–6 is amended under

10 the heading, ‘‘National Aeronautics and Space Adminis11 tration’’ by replacing ‘‘September 30, 1997’’ with ‘‘Sep12 tember 30, 1998’’ and ‘‘1996’’ with ‘‘1997’’.

13 MISSION SUPPORT

14 For necessary expenses, not otherwise provided for,

15 in carrying out mission support for human space flight

16 programs and science, aeronautical, and technology pro17 grams, including research operations and support; space

18 communications activities including operations, production

19 and services; maintenance; construction of facilities in20 cluding repair, rehabilitation, and modification of facili21 ties, minor construction of new facilities and additions to

22 existing facilities, facility planning and design, environ23 mental compliance and restoration, and acquisition or con24 demnation of real property, as authorized by law; program

25 management; personnel and related costs, including uni-
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1 forms or allowances therefor, as authorized by 5 U.S.C.

2 5901–5902; travel expenses; purchase, lease charter,

3 maintenance, and operation of mission and administrative

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

5 representation expenses; and purchase (not to exceed 33

6 for replacement only) and hire of passenger motor vehi7 cles; $2,562,200,000, to remain available until September

8 30, 1998.

9 OFFICE OF INSPECTOR GENERAL

10 For necessary expenses of the Office of Inspector

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

12 as amended, $17,000,000.

13 ADMINISTRATIVE PROVISIONS

14 (INCLUDING TRANSFER OF FUNDS)

15 Notwithstanding the limitation on the availability of

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

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

18 appropriations Act, when (1) any activity has been initi19 ated by the incurrence of obligations for construction of

20 facilities as authorized by law, or (2) amounts are pro21 vided for full-funding for the Tracking and Data Relay

22 Satellite (TDRS) replenishment program, such amount

23 available for such activity shall remain available until ex24 pended. This provision does not apply to the amounts ap25 propriated in ‘‘Mission support’’ pursuant to the author26 ization for repair, rehabilitation and modification of facili-
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1 ties, minor construction of new facilities and additions to

2 existing facilities, and facility planning and design.

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, the amounts appropriated for con7 struction of facilities shall remain available until Septem8 ber 30, 1999.

9 Notwithstanding the limitation on the availability of

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

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

12 for personnel and related costs and travel expenses of the

13 National Aeronautics and Space Administration shall re14 main available until September 30, 1997 and may be used

15 to enter into contracts for training, investigations, cost as16 sociated with personnel relocation, and for other services,

17 to be provided during the next fiscal year.

18 NATIONAL CREDIT UNION ADMINISTRATION

19 CENTRAL LIQUIDITY FACILITY

20 During fiscal year 1997, gross obligations of the

21 Central Liquidity Facility for the principal amount of new

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

23 National Credit Union Central Liquidity Facility Act (12

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

25 That administrative expenses of the Central Liquidity Fa-
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1 cility in fiscal year 1997 shall not exceed $560,000: Pro2 vided further, That $1,000,000, together with amounts of

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

4 expended, is available for loans to community development

5 credit unions.

6 NATIONAL SCIENCE FOUNDATION

7 RESEARCH AND RELATED ACTIVITIES

8 For necessary expenses in carrying out the National

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

10 1861–1875), and the Act to establish a National Medal

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

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

13 and purchase of flight services for research support; acqui14 sition of aircraft; $2,422,000,000, of which not to exceed

15 $226,000,000 shall remain available until expended for

16 Polar research and operations support, and for reimburse17 ment to other Federal agencies for operational and science

18 support and logistical and other related activities for the

19 United States Antarctic program; the balance to remain

20 available until September 30, 1998: Provided, That re21 ceipts for scientific support services and materials fur22 nished by the National Research Centers and other Na23 tional Science Foundation supported research facilities

24 may be credited to this appropriation: Provided further,

25 That to the extent that the amount appropriated is less
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1 than the total amount authorized to be appropriated for

2 included program activities, all amounts, including floors

3 and ceilings, specified in the authorizing Act for those pro4 gram activities or their subactivities shall be reduced pro5 portionally.

6 MAJOR RESEARCH EQUIPMENT

7 For necessary expenses of major construction

8 projects pursuant to the National Science Foundation Act

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

10 until expended.

11 EDUCATION AND HUMAN RESOURCES

12 For necessary expenses in carrying out science and

13 engineering education and human resources programs and

14 activities pursuant to the National Science Foundation

15 Act of 1950, as amended (42 U.S.C. 1861–1875), includ16 ing services as authorized by 5 U.S.C. 3109 and rental

17 of conference rooms in the District of Columbia,

18 $612,000,000, to remain available until September 30,

19 1998: Provided, That to the extent that the amount of

20 this appropriation is less than the total amount authorized

21 to be appropriated for included program activities, all

22 amounts, including floors and ceilings, specified in the au23 thorizing Act for those program activities or their sub24 activities 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: Provided, That contracts may be entered

12 into under salaries and expenses in fiscal year 1997 for

13 maintenance and operation of facilities, and for other serv14 ices, to be provided during the next fiscal year.

15 OFFICE OF INSPECTOR GENERAL

16 For necessary expenses of the Office of Inspector

17 General as authorized by the Inspector General Act of

18 1978, as amended, $4,690,000, to remain available until

19 September 30, 1998.

20 NEIGHBORHOOD REINVESTMENT CORPORATION

21 PAYMENT TO THE NEIGHBORHOOD REINVESTMENT

22 CORPORATION

23 For payment to the Neighborhood Reinvestment Cor24 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 SELECTIVE SERVICE SYSTEM

4 SALARIES AND EXPENSES

5 For necessary expenses of the Selective Service Sys6 tem, including expenses of attendance at meetings and of

7 training for uniformed personnel assigned to the Selective

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

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

10 reception and representation expenses; $22,930,000: Pro11 vided, That during the current fiscal year, the President

12 may exempt this appropriation from the provisions of 31

13 U.S.C. 1341, whenever he deems such action to be nec14 essary in the interest of national defense: Provided further,

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

16 expended for or in connection with the induction of any

17 person into the Armed Forces of the United States.

18 TITLE IV—GENERAL PROVISIONS

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

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

21 specific limitation has been placed thereon, the expendi22 tures for such travel expenses may not exceed the amounts

23 set forth therefore in the budget estimates submitted for

24 the appropriations: Provided, That this section shall not

25 apply to travel performed by uncompensated officials of
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1 local boards and appeal boards of the Selective Service

2 System; to travel performed directly in connection with

3 care and treatment of medical beneficiaries of the Depart4 ment of Veterans Affairs; to travel performed in connec5 tion with major disasters or emergencies declared or deter6 mined by the President under the provisions of the Robert

7 T. Stafford Disaster Relief and Emergency Assistance

8 Act; to travel performed by the Offices of Inspector Gen9 eral in connection with audits and investigations; or to

10 payments to interagency motor pools where separately set

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

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

13 set forth in budget estimates initially submitted for such

14 appropriations, the expenditures for travel may cor15 respondingly exceed the amounts therefore set forth in the

16 estimates in the same proportion.

17 SEC. 402. Appropriations and funds available for the

18 administrative expenses of the Department of Housing

19 and Urban Development and the Selective Service System

20 shall be available in the current fiscal year for purchase

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

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

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

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

25 Urban Development subject to the Government Corpora-
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1 tion Control Act or section 402 of the Housing Act of

2 1950 shall be available, without regard to the limitations

3 on administrative expenses, for legal services on a contract

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

5 services and facilities of Federal National Mortgage Asso6 ciation, Government National Mortgage Association, Fed7 eral Home Loan Mortgage Corporation, Federal Financ8 ing Bank, Federal Reserve banks or any member thereof,

9 Federal Home Loan banks, and any insured bank within

10 the meaning of the Federal Deposit Insurance Corporation

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

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

13 this Act shall remain available for obligation beyond the

14 current fiscal year unless expressly so provided herein.

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

16 expended—

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

18 employee of the United States unless—

19 (A) such certification is accompanied by,

20 or is part of, a voucher or abstract which de21 scribes the payee or payees and the items or

22 services for which such expenditure is being

23 made, or

24 (B) the expenditure of funds pursuant to

25 such certification, and without such a voucher
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1 or abstract, is specifically authorized by law;

2 and

3 (2) unless such expenditure is subject to audit

4 by the General Accounting Office or is specifically

5 exempt by law from such audit.

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

7 any department or agency may be expended for the trans8 portation of any officer or employee of such department

9 or agency between his domicile and his place of employ10 ment, with the exception of any officer or employee au11 thorized such transportation under 31 U.S.C. 1344 or 5

12 U.S.C. 7905.

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

14 be used for payment, through grants or contracts, to re15 cipients that do not share in the cost of conducting re16 search resulting from proposals not specifically solicited

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

18 sharing by the recipient shall reflect the mutuality of in19 terest of the grantee or contractor and the Government

20 in the research.

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

22 directly or through grants, to pay or to provide reimburse23 ment for payment of the salary of a consultant (whether

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

25 than the daily equivalent of the rate paid for Level IV
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1 of the Executive Schedule, unless specifically authorized

2 by law.

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

4 shall be used to pay the expenses of, or otherwise com5 pensate, non-Federal parties intervening in regulatory or

6 adjudicatory proceedings. Nothing herein affects the au7 thority of the Consumer Product Safety Commission pur8 suant to section 7 of the Consumer Product Safety Act

9 (15 U.S.C. 2056 et seq.).

10 SEC. 410. Except as otherwise provided under exist11 ing law or under an existing Executive order issued pursu12 ant to an existing law, the obligation or expenditure of

13 any appropriation under this Act for contracts for any

14 consulting service shall be limited to contracts which are

15 (1) a matter of public record and available for public in16 spection, and (2) thereafter included in a publicly available

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

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

19 the public and of all contracts on which performance has

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

21 preceding sentence shall be updated quarterly and shall

22 include a narrative description of the work to be per23 formed under each such contract.

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

25 part of any appropriation contained in this Act shall be
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1 obligated or expended by any executive agency, as referred

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

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

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

5 contract in full compliance with such Act and the regula6 tions promulgated thereunder, and (2) requires any report

7 prepared pursuant to such contract, including plans, eval8 uations, studies, analyses and manuals, and any report

9 prepared by the agency which is substantially derived from

10 or substantially includes any report prepared pursuant to

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

12 contract pursuant to which the report was prepared, and

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

14 such contract.

15 SEC. 412. Except as otherwise provided in section

16 406, none of the funds provided in this Act to any depart17 ment or agency shall be obligated or expended to provide

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

19 any officer or employee of such department or agency.

20 SEC. 413. None of the funds provided in this Act to

21 any department or agency shall be obligated or expended

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

23 2001 with an EPA estimated miles per gallon average of

24 less than 22 miles per gallon.
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1 SEC. 414. None of the funds appropriated in title I

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

3 real property if the estimated annual rental is more than

4 $300,000 unless the Secretary submits, in writing, a re5 port to the Committees on Appropriations of the Congress

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

7 on which the report is received by the Committees on Ap8 propriations.

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

10 EQUIPMENT AND PRODUCTS.—It is the sense of the Con11 gress that, to the greatest extent practicable, all equip12 ment and products purchased with funds made available

13 in this Act should be American-made.

14 (b) NOTICE REQUIREMENT.—In providing financial

15 assistance to, or entering into any contract with, any en16 tity using funds made available in this Act, the head of

17 each Federal agency, to the greatest extent practicable,

18 shall provide to such entity a notice describing the state19 ment made in subsection (a) by the Congress.

20 SEC. 416. None of the funds appropriated in this Act

21 may be used to implement any cap on reimbursements to

22 grantees for indirect costs, except as published in Office

23 of Management and Budget Circular A–21.
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1 SEC. 417. Such sums as may be necessary for fiscal

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

3 be absorbed within the levels appropriated in this Act.

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

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

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

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

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

9 law relating to risk assessment, the protection of private

10 property rights, or unfunded mandates.

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

12 out the orderly termination of the Office of Consumer Af13 fairs shall be made available from funds appropriated to

14 the Department of Health and Human Services for fiscal

15 year 1997.

16 SEC. 420. Corporations and agencies of the Depart17 ment of Housing and Urban Development which are sub18 ject to the Government Corporation Control Act, as

19 amended, are hereby authorized to make such expendi20 tures, within the limits of funds and borrowing authority

21 available to each such corporation or agency and in accord

22 with law, and to make such contracts and commitments

23 without regard to fiscal year limitations as provided by

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

25 out the programs set forth in the budget for 1997 for such
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1 corporation or agency except as hereinafter provided: Pro2 vided, That collections of these corporations and agencies

3 may be used for new loan or mortgage purchase commit4 ments only to the extent expressly provided for in this Act

5 (unless such loans are in support of other forms of assist6 ance provided for in this or prior appropriations Acts), ex7 cept that this proviso shall not apply to the mortgage in8 surance or guaranty operations of these corporations, or

9 where loans or mortgage purchases are necessary to pro10 tect the financial interest of the United States Govern11 ment.

12 SEC. 421. None of the funds appropriated or other13 wise made available by this Act may be used to pay the

14 salaries of personnel who approve a contract for the pur15 chase, lease, or acquisition in any manner of supercomput16 ing equipment or services after a preliminary determina17 tion, as defined in 19 U.S.C. 1673b, or final determina18 tion, as defined in 19 U.S.C. 1673d, by the Department

19 of Commerce that an organization providing such super20 computing equipment or services has offered such product

21 at other than fair value.

22 This Act may be cited as the ‘‘Departments of Veter23 ans Affairs and Housing and Urban Development, and

24 Independent Agencies Appropriations Act, 1997’’.