IB
105TH CONGRESS
2D SESSION
H. R. 4194
IN THE HOUSE OF REPRESENTATIVES
JULY 30, 1998
Ordered to be printed with the amendments of the Senate numbered
AN ACT
Making appropriations for the Departments of Veterans Af-
fairs and Housing and Urban Development, and for sun-
dry independent agencies, boards, commissions, corpora-
tions, and offices for the fiscal year ending September
30, 1999, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
Ω1æThat the following sums are appropriated, out of any
money in the Treasury not otherwise appropriated, for the
Departments of Veterans Affairs and Housing and Urban
Development,
and
for
sundry
independent
agencies,
boards, commissions, corporations and offices for the fis-
cal year ending September 30, 1999, and for other pur-
poses, namely:
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DIVISION A—APPROPRIATIONS
TITLE I
DEPARTMENT OF VETERANS AFFAIRS
VETERANS BENEFITS ADMINISTRATION
COMPENSATION AND PENSIONS
(INCLUDING TRANSFERS OF FUNDS)
For the payment of compensation benefits to or on
behalf of veterans and a pilot program for disability ex-
aminations as authorized by law (38 U.S.C. 107, chapters
11, 13, 18, 51, 53, 55, and 61); pension benefits to or
on behalf of veterans as authorized by law (38 U.S.C.
chapters 15, 51, 53, 55, and 61; 92 Stat. 2508); and bur-
ial benefits, emergency and other officers’ retirement pay,
adjusted-service credits and certificates, payment of pre-
miums due on commercial life insurance policies guaran-
teed under the provisions of Article IV of the Soldiers’
and Sailors’ Civil Relief Act of 1940, as amended, and
for other benefits as authorized by law (38 U.S.C. 107,
1312, 1977, and 2106, chapters 23, 51, 53, 55, and 61;
50 U.S.C. App. 540–548; 43 Stat. 122, 123; 45 Stat. 735;
76 Stat. 1198), $21,857,058,000, to remain available
until expended: Provided, That not to exceed $24,534,000
of the amount appropriated shall be reimbursed to ‘‘Gen-
eral operating expenses’’ and ‘‘Medical care’’ for necessary
expenses in implementing those provisions authorized in
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the Omnibus Budget Reconciliation Act of 1990, and in
the Veterans’ Benefits Act of 1992 (38 U.S.C. chapters
51, 53, and 55), the funding source for which is specifi-
cally provided as the ‘‘Compensation and pensions’’ appro-
priation: Provided further, That such sums as may be
earned on an actual qualifying patient basis, shall be reim-
bursed to ‘‘Medical facilities revolving fund’’ to augment
the funding of individual medical facilities for nursing
home care provided to pensioners as authorized.
READJUSTMENT BENEFITS
For the payment of readjustment and rehabilitation
benefits to or on behalf of veterans as authorized by 38
U.S.C. chapters 21, 30, 31, 34, 35, 36, 39, 51, 53, 55,
and 61, $1,175,000,000, to remain available until ex-
pended: Provided, That funds shall be available to pay any
court order, court award or any compromise settlement
arising from litigation involving the vocational training
program authorized by section 18 of Public Law 98–77,
as amended.
VETERANS INSURANCE AND INDEMNITIES
For military and naval insurance, national service life
insurance, servicemen’s indemnities, service-disabled vet-
erans insurance, and veterans mortgage life insurance as
authorized by 38 U.S.C. chapter 19; 70 Stat. 887; 72
Stat. 487, $46,450,000, to remain available until ex-
pended.
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VETERANS HOUSING BENEFIT PROGRAM FUND PROGRAM
ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
For the cost of direct and guaranteed loans, such
sums as may be necessary to carry out the program, as
authorized by 38 U.S.C. chapter 37, as amended: Pro-
vided, That such costs, including the cost of modifying
such loans, shall be as defined in section 502 of the Con-
gressional Budget Act of 1974, as amended: Provided fur-
ther, That during fiscal year 1999, within the resources
available, not to exceed $300,000 in gross obligations for
direct loans are authorized for specially adapted housing
loans: Provided further, That during 1999 any moneys
that would be otherwise deposited into or paid from the
Loan Guaranty Revolving Fund, the Guaranty and Indem-
nity Fund, or the Direct Loan Revolving Fund shall be
deposited into or paid from the Veterans Housing Benefit
Program Fund: Provided further, That any balances in the
Loan Guaranty Revolving Fund, the Guaranty and Indem-
nity Fund, or the Direct Loan Revolving Fund on the ef-
fective date of this Act may be transferred to and merged
with the Veterans Housing Benefit Program Fund.
In addition, for administrative expenses to carry out
the direct and guaranteed loan programs, $159,121,000,
which may be transferred to and merged with the appro-
priation for ‘‘General operating expenses’’.
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EDUCATION LOAN FUND PROGRAM ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
For the cost of direct loans, $1,000, as authorized
by 38 U.S.C. 3698, as amended: Provided, That such
costs, including the cost of modifying such loans, shall be
as defined in section 502 of the Congressional Budget Act
of 1974, as amended: Provided further, That these funds
are available to subsidize gross obligations for the prin-
cipal amount of direct loans not to exceed $3,000.
In addition, for administrative expenses necessary to
carry out the direct loan program, $206,000, which may
be transferred to and merged with the appropriation for
‘‘General operating expenses’’.
VOCATIONAL REHABILITATION LOANS PROGRAM ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
For the cost of direct loans, $55,000, as authorized
by 38 U.S.C. chapter 31, as amended: Provided, That such
costs, including the cost of modifying such loans, shall be
as defined in section 502 of the Congressional Budget Act
of 1974, as amended: Provided further, That these funds
are available to subsidize gross obligations for the prin-
cipal amount of direct loans not to exceed $2,401,000.
In addition, for administrative expenses necessary to
carry out the direct loan program, $400,000, which may
be transferred to and merged with the appropriation for
‘‘General operating expenses’’.
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NATIVE AMERICAN VETERAN HOUSING LOAN PROGRAM
ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
For administrative expenses to carry out the direct
loan program authorized by 38 U.S.C. chapter 37, sub-
chapter V, as amended, $515,000, which may be trans-
ferred to and merged with the appropriation for ‘‘General
operating expenses’’.
VETERANS HEALTH ADMINISTRATION
MEDICAL CARE
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses for the maintenance and op-
eration of hospitals, nursing homes, and domiciliary facili-
ties; for furnishing, as authorized by law, inpatient and
outpatient care and treatment to beneficiaries of the De-
partment of Veterans Affairs, including care and treat-
ment in facilities not under the jurisdiction of the Depart-
ment; and furnishing recreational facilities, supplies, and
equipment; funeral, burial, and other expenses incidental
thereto for beneficiaries receiving care in the Department;
administrative expenses in support of planning, design,
project management, real property acquisition and disposi-
tion, construction and renovation of any facility under the
jurisdiction or for the use of the Department; oversight,
engineering and architectural activities not charged to
project cost; repairing, altering, improving or providing fa-
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cilities in the several hospitals and homes under the juris-
diction of the Department, not otherwise provided for, ei-
ther by contract or by the hire of temporary employees
and purchase of materials; uniforms or allowances there-
for, as authorized by 5 U.S.C. 5901–5902; aid to State
homes as authorized by 38 U.S.C. 1741; administrative
and legal expenses of the Department for collecting and
recovering amounts owed the Department as authorized
under 38 U.S.C. chapter 17, and the Federal Medical
Care Recovery Act, 42 U.S.C. 2651 et seq.; and not to
exceed $8,000,000 to fund cost comparison studies as re-
ferred to in 38 U.S.C. 8110(a)(5), $17,057,396,000, plus
reimbursements: Provided, That of the funds made avail-
able under this heading, $846,000,000 is for the equip-
ment and land and structures object classifications only,
which amount shall not become available for obligation
until August 1, 1999, and shall remain available until Sep-
tember 30, 2000: Provided further, That of the funds
made available under this heading, $6,000,000 is for the
Musculoskeletal Disease Center, which amount shall re-
main available for obligation until expended: Provided fur-
ther, That of the funds made available under this heading,
not to exceed $22,633,000 may be transferred to and
merged with the appropriation for ‘‘General operating ex-
penses’’.
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GENERAL POST FUND, NATIONAL HOMES
(INCLUDING TRANSFER OF FUNDS)
For the cost of direct loans, $7,000, as authorized
by Public Law 102–54, section 8, which shall be trans-
ferred from the ‘‘General post fund’’: Provided, That such
costs, including the cost of modifying such loans, shall be
as defined in section 502 of the Congressional Budget Act
of 1974, as amended: Provided further, That these funds
are available to subsidize gross obligations for the prin-
cipal amount of direct loans not to exceed $70,000.
In addition, for administrative expenses to carry out
the direct loan programs, $54,000, which shall be trans-
ferred from the ‘‘General post fund’’, as authorized by
Public Law 102–54, section 8.
DEPARTMENTAL ADMINISTRATION
GENERAL OPERATING EXPENSES
For necessary operating expenses of the Department
of Veterans Affairs, not otherwise provided for, including
uniforms or allowances therefor; not to exceed $25,000 for
official reception and representation expenses; hire of pas-
senger motor vehicles; and reimbursement of the General
Services Administration for security guard services, and
the Department of Defense for the cost of overseas em-
ployee mail, $855,661,000: Provided, That funds under
this heading shall be available to administer the Service
Members Occupational Conversion and Training Act.
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NATIONAL CEMETERY SYSTEM
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses for the maintenance and op-
eration of the National Cemetery System, not otherwise
provided for, including uniforms or allowances therefor;
cemeterial expenses as authorized by law; purchase of six
passenger motor vehicles for use in cemeterial operations;
and hire of passenger motor vehicles, $92,006,000: Pro-
vided, That of the amount made available under this head-
ing, not to exceed $86,000 may be transferred to and
merged with the appropriation for ‘‘General operating ex-
penses’’.
OFFICE OF INSPECTOR GENERAL
For necessary expenses of the Office of Inspector
General in carrying out the Inspector General Act of 1978,
as amended, $32,702,000.
CONSTRUCTION, MAJOR PROJECTS
For constructing, altering, extending and improving
any of the facilities under the jurisdiction or for the use
of the Department of Veterans Affairs, or for any of the
purposes set forth in sections 316, 2404, 2406, 8102,
8103, 8106, 8108, 8109, 8110, and 8122 of title 38,
United States Code, including planning, architectural and
engineering services, maintenance or guarantee period
services costs associated with equipment guarantees pro-
vided under the project, services of claims analysts, offsite
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utility and storm drainage system construction costs, and
site acquisition, where the estimated cost of a project is
$4,000,000 or more or where funds for a project were
made available in a previous major project appropriation,
$143,000,000, to remain available until expended: Pro-
vided, That except for advance planning of projects funded
through the advance planning fund and the design of
projects funded through the design fund, none of these
funds shall be used for any project which has not been
considered and approved by the Congress in the budgetary
process: Provided further, That funds provided in this ap-
propriation for fiscal year 1999, for each approved project
shall be obligated: (1) by the awarding of a construction
documents contract by September 30, 1999; and (2) by
the awarding of a construction contract by September 30,
2000: Provided further, That the Secretary shall promptly
report in writing to the Committees on Appropriations any
approved major construction project in which obligations
are not incurred within the time limitations established
above: Provided further, That no funds from any other ac-
count except the ‘‘Parking revolving fund’’, may be obli-
gated for constructing, altering, extending, or improving
a project which was approved in the budget process and
funded in this account until one year after substantial
completion and beneficial occupancy by the Department
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of Veterans Affairs of the project or any part thereof with
respect to that part only.
CONSTRUCTION, MINOR PROJECTS
For constructing, altering, extending, and improving
any of the facilities under the jurisdiction or for the use
of the Department of Veterans Affairs, including plan-
ning, architectural and engineering services, maintenance
or guarantee period services costs associated with equip-
ment guarantees provided under the project, services of
claims analysts, offsite utility and storm drainage system
construction costs, and site acquisition, or for any of the
purposes set forth in sections 316, 2404, 2406, 8102,
8103, 8106, 8108, 8109, 8110, and 8122 of title 38,
United States Code, where the estimated cost of a project
is less than $4,000,000, $175,000,000 to remain available
until expended, along with unobligated balances of pre-
vious ‘‘Construction, minor projects’’ appropriations which
are hereby made available for any project where the esti-
mated cost is less than $4,000,000: Provided, That funds
in this account shall be available for: (1) repairs to any
of the nonmedical facilities under the jurisdiction or for
the use of the Department which are necessary because
of loss or damage caused by any natural disaster or catas-
trophe; and (2) temporary measures necessary to prevent
or to minimize further loss by such causes.
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PARKING REVOLVING FUND
For the parking revolving fund as authorized by 38
U.S.C. 8109, income from fees collected, to remain avail-
able until expended, which shall be available for all author-
ized expenses except operations and maintenance costs,
which will be funded from ‘‘Medical care’’.
GRANTS FOR CONSTRUCTION OF STATE EXTENDED CARE
FACILITIES
For grants to assist States to acquire or construct
State nursing home and domiciliary facilities and to re-
model, modify or alter existing hospital, nursing home and
domiciliary facilities in State homes, for furnishing care
to veterans as authorized by 38 U.S.C. 8131–8137,
$80,000,000, to remain available until expended.
GRANTS FOR THE CONSTRUCTION OF STATE VETERANS
CEMETERIES
For grants to aid States in establishing, expanding,
or improving State veteran cemeteries as authorized by 38
U.S.C. 2408, $10,000,000, to remain available until ex-
pended.
ADMINISTRATIVE PROVISIONS
(INCLUDING TRANSFER OF FUNDS)
SEC. 101. Any appropriation for fiscal year 1999 for
‘‘Compensation and pensions’’, ‘‘Readjustment benefits’’,
and ‘‘Veterans insurance and indemnities’’ may be trans-
ferred to any other of the mentioned appropriations.
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SEC. 102. Appropriations available to the Depart-
ment of Veterans Affairs for fiscal year 1999 for salaries
and expenses shall be available for services authorized by
5 U.S.C. 3109.
SEC. 103. No appropriations in this Act for the De-
partment of Veterans Affairs (except the appropriations
for ‘‘Construction, major projects’’, ‘‘Construction, minor
projects’’, and the ‘‘Parking revolving fund’’) shall be
available for the purchase of any site for or toward the
construction of any new hospital or home.
SEC. 104. No appropriations in this Act for the De-
partment of Veterans Affairs shall be available for hos-
pitalization or examination of any persons (except bene-
ficiaries entitled under the laws bestowing such benefits
to veterans, and persons receiving such treatment under
5 U.S.C. 7901–7904 or 42 U.S.C. 5141–5204), unless re-
imbursement of cost is made to the ‘‘Medical care’’ ac-
count at such rates as may be fixed by the Secretary of
Veterans Affairs.
SEC. 105. Appropriations available to the Depart-
ment of Veterans Affairs for fiscal year 1999 for ‘‘Com-
pensation and pensions’’, ‘‘Readjustment benefits’’, and
‘‘Veterans insurance and indemnities’’ shall be available
for payment of prior year accrued obligations required to
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be recorded by law against the corresponding prior year
accounts within the last quarter of fiscal year 1998.
SEC. 106. Appropriations accounts available to the
Department of Veterans Affairs for fiscal year 1999 shall
be available to pay prior year obligations of corresponding
prior year appropriations accounts resulting from title X
of the Competitive Equality Banking Act, Public Law
100–86, except that if such obligations are from trust
fund accounts they shall be payable from ‘‘Compensation
and pensions’’.
SEC. 107. Notwithstanding any other provision of
law, during fiscal year 1999, the Secretary of Veterans
Affairs shall, from the National Service Life Insurance
Fund (38 U.S.C. 1920), the Veterans’ Special Life Insur-
ance Fund (38 U.S.C. 1923), and the United States Gov-
ernment Life Insurance Fund (38 U.S.C. 1955), reim-
burse the ‘‘General operating expenses’’ account for the
cost of administration of the insurance programs financed
through those accounts: Provided, That reimbursement
shall be made only from the surplus earnings accumulated
in an insurance program in fiscal year 1999, that are
available for dividends in that program after claims have
been paid and actuarially determined reserves have been
set aside: Provided further, That if the cost of administra-
tion of an insurance program exceeds the amount of sur-
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plus earnings accumulated in that program, reimburse-
ment shall be made only to the extent of such surplus
earnings: Provided further, That the Secretary shall deter-
mine the cost of administration for fiscal year 1999, which
is properly allocable to the provision of each insurance pro-
gram and to the provision of any total disability income
insurance included in such insurance program.
SEC. 108. In accordance with section 1557 of title
31, United States Code, the following obligated balances
shall be exempt from subchapter IV of chapter 15 of such
title and shall remain available for expenditure without fis-
cal year limitation: (1) funds obligated by the Department
of Veterans Affairs for lease numbers 084B–05–94,
084B–07–94, and 084B–027–94 from funds made avail-
able in the Departments of Veterans Affairs and Housing
and Urban Development, and Independent Agencies Ap-
propriations Act, 1994 (Public Law 103–124) under the
heading ‘‘Medical care’’; and (2) funds obligated by the
Department of Veterans Affairs for lease number 084B–
002–96 from funds made available in the Departments of
Veterans Affairs and Housing and Urban Development,
and Independent Agencies Appropriations Act, 1995
(Public Law 103–327) under the heading ‘‘Medical care’’.
SEC. 109. (a) IN GENERAL.—The Department of
Veterans Affairs medical center in Salisbury, North Caro-
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lina, is hereby designated as the ‘‘W.G. (Bill) Hefner
Salisbury Department of Veterans Affairs Medical Cen-
ter’’. Any reference to such center in any law, regulation,
map, document, record or other paper of the United States
shall be considered to be a reference to the ‘‘W.G. (Bill)
Hefner Salisbury Department of Veterans Affairs Medical
Center’’.
(b) EFFECTIVE DATE.—The provisions of subsection
(a) are effective on the latter of the first day of the 106th
Congress or January 3, 1999.
TITLE II
DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT
PUBLIC AND INDIAN HOUSING
HOUSING CERTIFICATE FUND
(INCLUDING TRANSFERS OF FUNDS)
For activities and assistance to prevent the involun-
tary displacement of low-income families, the elderly and
the disabled because of the loss of affordable housing
stock, expiration of subsidy contracts (other than con-
tracts for which amounts are provided under another
heading in this Act) or expiration of use restrictions, or
other changes in housing assistance arrangements, and for
other purposes, $10,240,542,030, to remain available until
expended: Provided, That of the total amount provided
under this heading, $9,600,000,000 shall be for assistance
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under the United States Housing Act of 1937 (42 U.S.C.
1437) for use in connection with expiring or terminating
section 8 subsidy contracts, for enhanced vouchers as pro-
vided under the ‘‘Preserving Existing Housing Invest-
ment’’ account in the Departments of Veterans Affairs
and Housing and Urban Development, and Independent
Agencies Appropriations Act, 1997 (Public Law 104–
204), and contracts entered into pursuant to section 441
of the Stewart B. McKinney Homeless Assistance Act:
Provided further, That the Secretary may determine not
to apply section 8(o)(6)(B) of the Act to housing vouchers
during fiscal year 1999: Provided further, That of the total
amount provided under this heading, $97,000,000 shall be
for amendments to section 8 contracts other than con-
tracts for projects developed under section 202 of the
Housing Act of 1959, as amended: Provided further, That
of
the
total
amount
provided
under
this
heading,
$433,542,030 shall be for section 8 rental assistance
under the United States Housing Act of 1937 including
assistance to relocate residents of properties: (1) that are
owned by the Secretary and being disposed of; or (2) that
are discontinuing section 8 project-based assistance; for
relocation and replacement housing for units that are de-
molished or disposed of from the public housing inventory
(in addition to amounts that may be available for such
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purposes under this and other headings); for the conver-
sion of section 23 projects to assistance under section 8;
for funds to carry out the family unification program; and
for the relocation of witnesses in connection with efforts
to combat crime in public and assisted housing pursuant
to a request from a law enforcement or prosecution agen-
cy: Provided further, That of the total amount made avail-
able in the preceding proviso, $40,000,000 shall be made
available to nonelderly disabled families affected by the
designation of a public housing development under section
7 of such Act, the establishment of preferences in accord-
ance with section 651 of the Housing and Community De-
velopment Act of 1992 (42 U.S.C. 1361l), or the restric-
tion of occupancy to elderly families in accordance with
section 658 of such Act, and to the extent the Secretary
determines that such amount is not needed to fund appli-
cations for such affected families, to other nonelderly dis-
abled families: Provided further, That the amount made
available under the fifth proviso under the heading ‘‘Pre-
vention of Resident Displacement’’ in title II of the De-
partments of Veterans Affairs and Housing and Urban
Development, and Independent Agencies Appropriations
Act, 1997, Public Law 104–204, shall also be made avail-
able to nonelderly disabled families affected by the restric-
tion of occupancy to elderly families in accordance with
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section 658 of the Housing and Community Development
Act of 1992: Provided further, That to the extent the Sec-
retary determines that the amount made available under
the fifth proviso under the heading ‘‘Prevention of Resi-
dent Displacement’’ in title II of the Departments of Vet-
erans Affairs and Housing and Urban Development, and
Independent Agencies Appropriations Act, 1997, Public
Law 104–204, is not needed to fund applications for af-
fected families described in the fifth proviso, or in the pre-
ceding proviso under this heading in this Act, the amount
not needed shall be made available to other nonelderly dis-
abled families: Provided further, That of the total amount
provided under this heading, $10,000,000 shall be for Re-
gional Opportunity Counseling: Provided further, That all
balances, as of September 30, 1998, remaining in the
‘‘Prevention of Resident Displacement’’ account shall be
transferred to and merged with the amounts provided for
those purposes under this heading.
For tenant-based assistance under the United States
Housing Act of 1937 to help eligible families make the
transition from welfare to work, $100,000,000 from the
total amount provided under this heading, to be adminis-
tered by public housing agencies (including Indian housing
authorities, as defined by the Secretary of Housing and
Urban Development), and to remain available until ex-
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pended: Provided, That families initially selected to receive
assistance under this paragraph: (1) shall be eligible to
receive, shall be currently receiving, or shall have received
within the preceding year, assistance or services funded
under the Temporary Assistance for Needy Families
(TANF) program under part A of title IV of the Social
Security Act or as part of a State’s qualified State expend-
iture under section 409(a)(7)(B)(i) of such Act; (2) shall
be determined by the agency to be families for which ten-
ant-based housing assistance is critical to successfully ob-
taining or retaining employment; and (3) shall not already
be receiving tenant-based assistance: Provided further,
That each application shall: (1) describe the proposed pro-
gram, which shall be developed by the public housing agen-
cy in consultation with the State, local or Tribal entity
administering the TANF program and the entity, if any,
administering the Welfare-to-Work grants allocated by the
United States Department of Labor pursuant to section
403(a)(5)(A) of the Social Security Act, and which shall
take into account the particular circumstances of the com-
munity; (2) demonstrate that tenant-based housing assist-
ance is critical to the success of assisting eligible families
to obtain or retain employment; (3) specify the criteria
for selecting among eligible families to receive housing as-
sistance under this paragraph; (4) describe the proposed
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strategy for tenant counseling and housing search assist-
ance and landlord outreach; (5) include any requests for
waivers of any administrative requirements or any provi-
sions of the United States Housing Act of 1937, with a
demonstration of how approval of the waivers would sub-
stantially further the objective of this paragraph; (6) in-
clude certifications from the State, local, or Tribal entity
administering assistance under the TANF program and
from the entity, if any, administering the Welfare-to-Work
grants allocated by the United States Department of
Labor, that the entity supports the proposed program and
will cooperate with the public housing agency that admin-
isters the housing assistance to assure that such assist-
ance is coordinated with other welfare reform and welfare
to work initiatives; however, if either does not respond to
the public housing agency within a reasonable time period,
its concurrence shall be assumed, and if either objects to
the application, its concerns shall accompany the applica-
tion to the Secretary, who shall take them into account
in this funding decision; and (7) include such other infor-
mation as the Secretary may require and meet such other
requirements as the Secretary may establish: Provided fur-
ther, That the Secretary, after consultation with the Sec-
retary of Health and Human Services and the Secretary
of Labor, shall select public housing agencies to receive
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assistance under this paragraph on a competitive basis,
taking into account the need for and quality of the pro-
posed program (including innovative approaches), the ex-
tent to which the assistance will be coordinated with wel-
fare reform and welfare to work initiatives, the extent to
which the application demonstrates that tenant-based as-
sistance is critical to the success of assisting eligible fami-
lies to obtain or retain employment; and other appropriate
criteria established by the Secretary: Provided further,
That the Secretary may waive any administrative require-
ment or any provision of the United States Housing Act
of 1937 if the Secretary determines that the waiver would
substantially further the objective of the assistance under
this paragraph, and in the event of any waiver, may make
provision for alternative conditions or terms where appro-
priate: Provided further, That the Secretary may use up
to one percent of the amount available under this para-
graph, directly or indirectly, to conduct detailed evalua-
tions of the effect of providing assistance under this para-
graph.
PUBLIC HOUSING CAPITAL FUND
(INCLUDING TRANSFERS OF FUNDS)
For the Public Housing Capital Fund Program for
modernization of existing public housing projects as au-
thorized under section 14 of the United States Housing
Act
of
1937,
as
amended
(42
U.S.C.
1437),
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$3,000,000,000, to remain available until expended: Pro-
vided, That of the total amount, up to $100,000,000 shall
be for carrying out activities under section 6(j) of such
Act and technical assistance for the inspection of public
housing units, contract expertise, and training and tech-
nical assistance directly or indirectly, under grants, con-
tracts, or cooperative agreements, to assist in the over-
sight and management of public housing (whether or not
the housing is being modernized with assistance under this
proviso) or tenant-based assistance, including, but not lim-
ited to, an annual resident survey, data collection and
analysis, training and technical assistance by or to officials
and employees of the Department and of public housing
agencies and to residents in connection with the public
housing programs and for lease adjustments to section 23
projects: Provided further, That of the amount available
under this heading, up to $5,000,000 shall be for the Ten-
ant Opportunity Program: Provided further, That all bal-
ances, as of September 30, 1998, of funds heretofore pro-
vided for section 673 public housing service coordinators
shall be transferred to and merged with amounts made
available under this heading.
PUBLIC HOUSING OPERATING FUND
For payments to public housing agencies for operat-
ing subsidies for low-income housing projects as author-
ized by section 9 of the United States Housing Act of
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1937, as amended (42 U.S.C. 1437g), $2,818,000,000, to
remain available until expended.
DRUG ELIMINATION GRANTS FOR LOW-INCOME HOUSING
(INCLUDING TRANSFER OF FUNDS)
For grants to public housing agencies and tribally
designated housing entities for use in eliminating crime
in public housing projects authorized by 42 U.S.C. 11901–
11908, for grants for federally assisted low-income hous-
ing authorized by 42 U.S.C. 11909, and for drug informa-
tion clearinghouse services authorized by 42 U.S.C.
11921–11925, $290,000,000, to remain available until ex-
pended, of which $10,000,000 shall be for grants, tech-
nical assistance, contracts and other assistance, training,
and program assessment and execution for or on behalf
of public housing agencies, resident organizations, and In-
dian tribes and their tribally designated housing entities
(including the cost of necessary travel for participants in
such training), $10,000,000 shall be used in connection
with efforts to combat violent crime in public and assisted
housing under the Operation Safe Home program admin-
istered by the Inspector General of the Department of
Housing and Urban Development; and $10,000,000 shall
be provided to the Office of Inspector General for Oper-
ation Safe Home: Provided further, That the term ‘‘drug-
related crime’’, as defined in 42 U.S.C. 11905(2), shall
also include other types of crime as determined by the Sec-
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retary: Provided further, That notwithstanding section
5130(c) of the Anti-Drug Abuse Act of 1988 (42 U.S.C.
11909(c)), the Secretary may determine not to use any
such funds to provide public housing youth sports grants.
REVITALIZATION OF SEVERELY DISTRESSED PUBLIC
HOUSING (HOPE VI)
For grants to public housing agencies for assisting
in the demolition of obsolete public housing projects or
portions thereof, the revitalization (where appropriate) of
sites (including remaining public housing units) on which
such projects are located, replacement housing which will
avoid or lessen concentrations of very low-income families,
and tenant-based assistance in accordance with section 8
of the United States Housing Act of 1937; and for provid-
ing replacement housing and assisting tenants displaced
by the demolition (including appropriate homeownership
down
payment
assistance
for
displaced
tenants),
$600,000,000, to remain available until expended, of
which the Secretary may use up to $10,000,000 for tech-
nical assistance and contract expertise, to be provided di-
rectly or indirectly by grants, contracts or cooperative
agreements, including training and cost of necessary travel
for participants in such training, by or to officials and em-
ployees of the Department and of public housing agencies
and to residents: Provided, That no funds appropriated
under this heading shall be used for any purpose that is
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not provided for herein, in the United States Housing Act
of 1937, in the Appropriations Acts for the Departments
of Veterans Affairs and Housing and Urban Development,
and Independent Agencies, for the fiscal years 1993,
1994, 1995, 1997, and 1998, and the Omnibus Consoli-
dated Rescissions and Appropriations Act of 1996: Pro-
vided further, That for purposes of environmental review
pursuant to the National Environmental Policy Act of
1969, a grant under this heading or under prior appro-
priations Acts for use for the purposes under this heading
shall be treated as assistance under title I of the United
States Housing Act of 1937 and shall be subject to the
regulations issued by the Secretary to implement section
26 of such Act: Provided further, That none of such funds
shall be used directly or indirectly by granting competitive
advantage in awards to settle litigation or pay judgments,
unless expressly permitted herein.
NATIVE AMERICAN HOUSING BLOCK GRANTS
(INCLUDING TRANSFERS OF FUNDS)
For the Native American Housing Block Grants pro-
gram, as authorized under title I of the Native American
Housing Assistance and Self-Determination Act of 1996
(Public Law 104–330), $620,000,000, to remain available
until expended, of which $6,000,000 shall be used to sup-
port the inspection of Indian housing units, contract ex-
pertise, training, and technical assistance in the oversight
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and management of Indian housing and tenant-based as-
sistance, including up to $200,000 for related travel: Pro-
vided, That of the amount provided under this heading,
$6,000,000 shall be made available for the cost of guaran-
teed notes and other obligations, as authorized by title VI
of the Native American Housing Assistance and Self-De-
termination Act of 1996: Provided, further, That such
costs, including the costs of modifying such notes and
other obligations, shall be as defined in section 502 of the
Congressional Budget Act of 1974, as amended: Provided,
further, That these funds are available to subsidize the
total principal amount of any notes and other obligations,
any part of which is to be guaranteed, not to exceed
$54,600,000.
In addition, for administrative expenses to carry out
the guaranteed loan program, up to $200,000, which shall
be transferred to and merged with the appropriation for
departmental salaries and expenses, to be used only for
the administrative costs of these guarantees: Provided,
That the funds made available in the first proviso in the
preceding paragraph are for a demonstration on ways to
enhance economic growth, to increase access to private
capital, and to encourage the investment and participation
of traditional financial institutions in tribal and other Na-
tive American areas.
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INDIAN HOUSING LOAN GUARANTEE FUND PROGRAM
ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
For the cost of guaranteed loans, as authorized by
section 184 of the Housing and Community Development
Act of 1992 (106 Stat. 3739), $6,000,000, to remain
available until expended: Provided, That such costs, in-
cluding the costs of modifying such loans, shall be as de-
fined in section 502 of the Congressional Budget Act of
1974, as amended: Provided further, That these funds are
available to subsidize total loan principal, any part of
which is to be guaranteed, not to exceed $68,881,000.
In addition, for administrative expenses to carry out
the guaranteed loan program, up to $400,000, which shall
be transferred to and merged with the appropriation for
departmental salaries and expenses, to be used only for
the administrative costs of these guarantees.
COMMUNITY PLANNING AND DEVELOPMENT
HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS
For carrying out the Housing Opportunities for Per-
sons with AIDS program, as authorized by the AIDS
Housing
Opportunity
Act
(42
U.S.C.
12901),
$225,000,000, to remain available until expended: Pro-
vided, That up to 1 percent of such funds shall be avail-
able to the Secretary for technical assistance.
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COMMUNITY DEVELOPMENT BLOCK GRANTS
(INCLUDING TRANSFER OF FUNDS)
For grants to States and units of general local gov-
ernment and for related expenses, not otherwise provided
for, to carry out a community development grants pro-
gram as authorized by title I of the Housing and Commu-
nity Development Act of 1974, as amended (the ‘‘Act’’
herein) (42 U.S.C. 5301), $4,725,000,000, to remain
available until September 30, 2001: Provided, That
$67,000,000 shall be for grants to Indian tribes notwith-
standing section 106(a)(1) of such Act, $3,000,000 shall
be available as a grant to the Housing Assistance Council,
$1,800,000 shall be available as a grant to the National
American Indian Housing Council, $50,000,000 shall be
for
grants
pursuant
to
section
107
of
the
Act,
$20,000,000 shall be for grants pursuant to the Self Help
Housing Opportunity program, subject to authorization:
Provided further, That not to exceed 20 percent of any
grant made with funds appropriated herein (other than
a grant made available under the preceding proviso to the
Housing Assistance Council or the National American In-
dian Housing Council, or a grant using funds under sec-
tion 107(b)(3) of the Housing and Community Develop-
ment Act of 1974, as amended) shall be expended for
‘‘Planning and Management Development’’ and ‘‘Adminis-
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tration’’ as defined in regulations promulgated by the De-
partment.
Of the amount made available under this heading,
$20,000,000 shall be available for Economic Development
Grants, as authorized by section 108(q) of the Housing
and Community Development Act of 1974, as amended,
for Brownfields redevelopment projects: Provided, That
the Secretary of Housing and Urban Development shall
make these grants available on a competitive basis as spec-
ified in section 102 of the Department of Housing and
Urban Development Reform Act of 1989.
Of the amount made available under this heading,
$30,000,000 shall be made available for ‘‘capacity building
for community development and affordable housing’’, as
authorized by section 4 of the HUD Demonstration Act
of 1993 (Public Law 103–120), with not less than
$10,000,000 of the funding to be used in rural areas, in-
cluding tribal areas, to be divided equally among four enti-
ties, as specified in the report of the Appropriations Com-
mittee accompanying this Act.
Of the amount provided under this heading, the Sec-
retary of Housing and Urban Development may use up
to $50,000,000 for a public and assisted housing self-suf-
ficiency program, of which up to $5,000,000 may be used
for the Moving to Work Demonstration, and at least
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$20,000,000 shall be used for grants for service coordina-
tors and congregate services for the elderly and disabled:
Provided, That for self-sufficiency activities, the Secretary
may make grants to public housing agencies (including In-
dian tribes and their tribally designated housing entities),
nonprofit corporations, and other appropriate entities for
a supportive services program to assist residents of public
and assisted housing, former residents of such housing re-
ceiving tenant-based assistance under section 8 of such
Act (42 U.S.C. 1437f), and other low-income families and
individuals: Provided further, That the program shall pro-
vide supportive services, principally for the benefit of pub-
lic housing residents, to the elderly and the disabled, and
to families with children where the head of household
would benefit from the receipt of supportive services and
is working, seeking work, or is preparing for work by par-
ticipating in job training or educational programs: Pro-
vided further, That the supportive services may include
congregate services for the elderly and disabled, service co-
ordinators, and coordinated education, training, and other
supportive services, including case management skills
training, job search assistance, assistance related to re-
taining employment, vocational and entrepreneurship de-
velopment and support programs, such as transportation,
and child care: Provided further, That the Secretary shall
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require applications to demonstrate firm commitments of
funding or services from other sources: Provided further,
That the Secretary shall select public and Indian housing
agencies to receive assistance under this heading on a
competitive basis, taking into account the quality of the
proposed program, including any innovative approaches,
the extent of the proposed coordination of supportive serv-
ices, the extent of commitments of funding or services
from other sources, the extent to which the proposed pro-
gram includes reasonably achievable, quantifiable goals for
measuring performance under the program over a three-
year period, the extent of success an agency has had in
carrying out other comparable initiatives, and other appro-
priate criteria established by the Secretary (except that
this proviso shall not apply to renewal of grants for service
coordinators and congregate services for the elderly and
disabled).
Of the amount made available under this heading,
notwithstanding any other provision of law, $35,000,000
shall be available for YouthBuild program activities au-
thorized by subtitle D of title IV of the Cranston-Gonzalez
National Affordable Housing Act, as amended, and such
activities shall be an eligible activity with respect to any
funds made available under this heading: Provided, That
local YouthBuild programs that demonstrate an ability to
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leverage private and nonprofit funding shall be given a pri-
ority for YouthBuild funding.
Of the amount made available under this heading,
$50,000,000 shall be available for the Economic Develop-
ment Initiative (EDI).
Of the amount made available under this heading,
$25,000,000 shall be available for neighborhood initiatives
that are utilized to improve the conditions of distressed
and blighted areas and neighborhoods, and to determine
whether housing benefits can be integrated more effec-
tively with welfare reform initiatives.
For the cost of guaranteed loans, $29,000,000, as au-
thorized by section 108 of the Housing and Community
Development Act of 1974: Provided, That such costs, in-
cluding the cost of modifying such loans, shall be as de-
fined in section 502 of the Congressional Budget Act of
1974, as amended: Provided further, That these funds are
available to subsidize total loan principal, any part of
which is to be guaranteed, not to exceed $1,261,000,000,
notwithstanding any aggregate limitation on outstanding
obligations guaranteed in section 108(k) of the Housing
and Community Development Act of 1974: Provided fur-
ther, That in addition, for administrative expenses to carry
out the guaranteed loan program, $1,000,000, which shall
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be transferred to and merged with the appropriation for
departmental salaries and expenses.
HOME INVESTMENT PARTNERSHIPS PROGRAM
For the HOME investment partnerships program, as
authorized under title II of the Cranston-Gonzalez Na-
tional Affordable Housing Act (Public Law 101–625), as
amended, $1,600,000,000, to remain available until ex-
pended: Provided, That up to $7,000,000 of these funds
shall be available for the development and operation of in-
tegrated community development management informa-
tion systems: Provided further, That up to $10,000,000
of these funds shall be available for Housing Counseling
under section 106 of the Housing and Urban Development
Act of 1968.
HOMELESS ASSISTANCE GRANTS
For the emergency shelter grants program (as au-
thorized under subtitle B of title IV of the Stewart B.
McKinney Homeless Assistance Act, as amended); the
supportive housing program (as authorized under subtitle
C of title IV of such Act); the section 8 moderate rehabili-
tation single room occupancy program (as authorized
under the United States Housing Act of 1937, as amend-
ed) to assist homeless individuals pursuant to section 441
of the Stewart B. McKinney Homeless Assistance Act; and
the shelter plus care program (as authorized under sub-
title F of title IV of such Act), $975,000,000, to remain
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available until expended: Provided, That permanent hous-
ing assisted under the supportive housing program with
amounts provided under this heading in this Act shall be
given to chronically homeless individuals and families who
have, or who include members who have, chronic disabil-
ities, including substance and alcohol abuse, and mental
illness and other chronic health conditions: Provided fur-
ther, That any permanent housing assisted under this
heading shall be provided only if supportive services are
linked to the individuals living in the housing: Provided
further, That the Secretary of Housing and Urban Devel-
opment shall conduct a review of any balances of amounts
provided under this heading in this or any previous appro-
priation Act that have been obligated but remain unex-
pended and shall deobligate any such amounts that the
Secretary determines were obligated for contracts that are
unlikely to be performed: Provided further, That up to one
percent of the funds appropriated under this heading may
be used for technical assistance and tracking systems
needed to carry out the directive provided in the Commit-
tee Report.
HOUSING FOR SPECIAL POPULATIONS
For assistance for the purchase, construction, acqui-
sition, or development of additional public and subsidized
housing units for low-income families under the United
States Housing Act of 1937, as amended (42 U.S.C
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1437), not otherwise provided for, $839,000,000, to re-
main available until expended: Provided, That of the total
amount provided under this heading, $645,000,000 shall
be for capital advances, including amendments to capital
advance contracts, for housing for the elderly, as author-
ized by section 202 of the Housing Act of 1959, as amend-
ed, and for project rental assistance, and amendments to
contracts for project rental assistance, for the elderly
under section 202(c)(2) of the Housing Act of 1959, and
for supportive services associated with the housing; and
$194,000,000 shall be for capital advances, including
amendments to capital advance contracts, for supportive
housing for persons with disabilities, as authorized by sec-
tion 811 of the Cranston-Gonzalez National Affordable
Housing Act, for project rental assistance, for amend-
ments to contracts for project rental assistance, and sup-
portive services associated with the housing for persons
with disabilities as authorized by section 811 of such Act:
Provided further, That the Secretary may designate up to
25 percent of the amounts for section 811 of such Act
for tenant-based assistance, as authorized under that sec-
tion, including such authority as may be waived under the
next proviso, which assistance shall be for five years in
duration: Provided further, That the Secretary may waive
any provision of section 202 of the Housing Act of 1959
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or section 811 of the Cranston-Gonzalez National Afford-
able Housing Act (including the provisions governing the
terms and conditions of project rental assistance and ten-
ant-based assistance) that the Secretary determines is not
necessary to achieve the respective objectives of these pro-
grams, or that otherwise impedes the ability to develop,
operate or administer projects assisted under these pro-
grams, and may make provision for alternative conditions
or terms where appropriate.
FLEXIBLE SUBSIDY FUND
(TRANSFER OF FUNDS)
From the Rental Housing Assistance Fund, all un-
committed balances of excess rental charges as of Septem-
ber 30, 1998, and any collections made during fiscal year
1999, shall be transferred to the Flexible Subsidy Fund,
as authorized by section 236(g) of the National Housing
Act, as amended.
FEDERAL HOUSING ADMINISTRATION
FHA—MUTUAL MORTGAGE INSURANCE PROGRAM
ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)
During fiscal year 1999, commitments to guarantee
loans to carry out the purposes of section 203(b) of the
National Housing Act, as amended, shall not exceed a loan
principal of $110,000,000,000.
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During fiscal year 1999, obligations to make direct
loans to carry out the purposes of section 204(g) of the
National Housing Act, as amended, shall not exceed
$50,000,000: Provided, That the foregoing amount shall
be for loans to nonprofit and governmental entities in con-
nection with sales of single family real properties owned
by the Secretary and formerly insured under the Mutual
Mortgage Insurance Fund.
For administrative expenses necessary to carry out
the guaranteed and direct loan program, $328,888,000,
to be derived from the FHA-mutual mortgage insurance
guaranteed loans receipt account, of which not to exceed
$324,866,000 shall be transferred to the appropriation for
departmental salaries and expenses; and of which not to
exceed $4,022,000 shall be transferred to the appropria-
tion for the Office of Inspector General.
In addition, for non-overhead administrative expenses
necessary to carry out the Mutual Mortgage Insurance
guarantee and direct loan program, $200,000,000, to be
derived from the FHA-mutual mortgage insurance guar-
anteed loan receipt account.
FHA—GENERAL AND SPECIAL RISK PROGRAM ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)
For the cost of guaranteed loans, as authorized by
sections 238 and 519 of the National Housing Act (12
U.S.C. 1715z–3 and 1735c), including the cost of loan
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guarantee modifications (as that term is defined in section
502 of the Congressional Budget Act of 1974, as amend-
ed), $81,000,000, to remain available until expended: Pro-
vided, That these funds are available to subsidize total
loan principal, any part of which is to be guaranteed, of
up to $18,100,000,000.
Gross obligations for the principal amount of direct
loans, as authorized by sections 204(g), 207(l), 238, and
519(a) of the National Housing Act, shall not exceed
$50,000,000; of which not to exceed $30,000,000 shall be
for bridge financing in connection with the sale of multi-
family real properties owned by the Secretary and for-
merly insured under such Act; and of which not to exceed
$20,000,000 shall be for loans to nonprofit and govern-
mental entities in connection with the sale of single-family
real properties owned by the Secretary and formerly in-
sured under such Act.
In addition, for administrative expenses necessary to
carry out the guaranteed and direct loan programs,
$211,455,000, of which $193,134,000, shall be trans-
ferred to the appropriation for departmental salaries and
expenses; and of which $18,321,000 shall be transferred
to the appropriation for the Office of Inspector General.
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In addition, for non-overhead administrative expenses
necessary to carry out the guaranteed and direct loan pro-
grams, $104,000,000.
GOVERNMENT NATIONAL MORTGAGE ASSOCIATION
GUARANTEES OF MORTGAGE-BACKED SECURITIES LOAN
GUARANTEE PROGRAM ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
During fiscal year 1999, new commitments to issue
guarantees to carry out the purposes of section 306 of the
National Housing Act, as amended (12 U.S.C. 1721(g)),
shall not exceed $150,000,000,000.
For administrative expenses necessary to carry out
the
guaranteed
mortgage-backed
securities
program,
$9,383,000, to be derived from the GNMA-guarantees of
mortgage-backed securities guaranteed loan receipt ac-
count, of which not to exceed $9,383,000 shall be trans-
ferred to the appropriation for departmental salaries and
expenses.
POLICY DEVELOPMENT AND RESEARCH
RESEARCH AND TECHNOLOGY
For contracts, grants, and necessary expenses of pro-
grams of research and studies relating to housing and
urban problems, not otherwise provided for, as authorized
by title V of the Housing and Urban Development Act
of 1970, as amended (12 U.S.C. 1701z–1 et seq.), includ-
ing carrying out the functions of the Secretary under sec-
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tion 1(a)(1)(i) of Reorganization Plan No. 2 of 1968,
$47,500,000, to remain available until September 30,
2000, of which $10,000,000 shall be for activities to sup-
port the Partnership for Advanced Technologies in Hous-
ing.
FAIR HOUSING AND EQUAL OPPORTUNITY
FAIR HOUSING ACTIVITIES
For contracts, grants, and other assistance, not oth-
erwise provided for, as authorized by title VIII of the Civil
Rights Act of 1968, as amended by the Fair Housing
Amendments Act of 1988, and section 561 of the Housing
and Community Development Act of 1987, as amended,
$40,000,000, to remain available until September 30,
2000, of which $23,500,000 shall be to carry out activities
pursuant to such section 561: Provided, That no funds
made available under this heading shall be used to lobby
the executive or legislative branches of the Federal Gov-
ernment in connection with a specific contract, grant or
loan.
OFFICE OF LEAD HAZARD CONTROL
LEAD HAZARD REDUCTION
For the Lead Hazard Reduction Program, as author-
ized by sections 1011 and 1053 of the Residential Lead-
Based Hazard Reduction Act of 1992, $80,000,000 to re-
main available until expended, of which $2,500,000 shall
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be for CLEARCorps and $20,000,000 shall be for a
Healthy Homes Initiative, which shall be a program pur-
suant to sections 501 and 502 of the Housing and Urban
Development Act of 1970 that shall include research,
studies, testing, and demonstration efforts, including edu-
cation and outreach concerning lead-based paint poisoning
and other housing-related environmental diseases and haz-
ards.
MANAGEMENT AND ADMINISTRATION
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
For necessary administrative and nonadministrative
expenses of the Department of Housing and Urban Devel-
opment not otherwise provided for, including not to exceed
$7,000 for official reception and representation expenses,
$985,826,000, of which $518,000,000 shall be provided
from the various funds of the Federal Housing Adminis-
tration, $9,383,000 shall be provided from funds of the
Government National Mortgage Association, $1,000,000
shall be provided from the ‘‘Community Development
Grants Program’’ account, $200,000 shall be provided
from the ‘‘Native American Housing Block Grants’’ ac-
count, and $400,000 shall be provided from the ‘‘Indian
Housing Loan Guarantee Fund Program Account’’.
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OFFICE OF INSPECTOR GENERAL
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses of the Office of Inspector
General in carrying out the Inspector General Act of 1978,
as amended, $81,910,000, of which $22,343,000 shall be
provided from the various funds of the Federal Housing
Administration and $10,000,000 shall be provided from
the amount earmarked for Operation Safe Home in the
‘‘Drug Elimination Grants for Low-Income Housing’’ ac-
count.
OFFICE OF FEDERAL HOUSING ENTERPRISE OVERSIGHT
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
For carrying out the Federal Housing Enterprise Fi-
nancial Safety and Soundness Act of 1992, $16,551,000,
to remain available until expended, to be derived from the
Federal Housing Enterprise Oversight Fund: Provided,
That not to exceed such amount shall be available from
the General Fund of the Treasury to the extent necessary
to incur obligations and make expenditures pending the
receipt of collections to the Fund: Provided further, That
the General Fund amount shall be reduced as collections
are received during the fiscal year so as to result in a final
appropriation from the General Fund estimated at not
more than $0.
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ADMINISTRATIVE PROVISIONS
PUBLIC AND ASSISTED HOUSING RENTS, PREFERENCES,
AND FLEXIBILITY
SEC. 201. (a) Section 402(a) of The Balanced Budg-
et Downpayment Act, I (Public Law 104–99; (110 Stat.
40)) is amended by striking ‘‘fiscal years 1997 and 1998’’
and inserting ‘‘fiscal years 1997, 1998, and 1999’’.
(b) Section 402(f) of The Balanced Budget Downpay-
ment Act, I (42 U.S.C. 1437aa note) is amended by in-
serting before the period at the end the following: ‘‘, except
that subsection (d) and the amendments made by such
subsection shall also be effective for fiscal year 1999’’.
(c) Section 201(a)(2) of the Departments of Veterans
Affairs and Housing and Urban Development, and Inde-
pendent Agencies Appropriations Act, 1996 (42 U.S.C.
1437l note), is amended to read as follows:
‘‘(2)
APPLICABILITY.—Section
14(q)
of
the
United States Housing Act of 1937 shall be effective
only with respect to assistance provided from funds
made available for fiscal year 1999 or any preceding
fiscal year, except that the authority in the first sen-
tence of section 14(q)(1) to use up to 10 percent of
the allocation of certain funds for any operating sub-
sidy purpose shall not apply to amounts made avail-
able for fiscal years 1998 and 1999.’’
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DELAY REISSUANCE OF VOUCHERS AND CERTIFICATES
SEC. 202. Section 403(c) of The Balanced Budget
Downpayment Act, I (Public Law 104–99; (110 Stat. 44))
is amended—
(1) by striking ‘‘fiscal years 1996, 1997, and
1998’’ and inserting ‘‘fiscal years 1996, 1997, 1998,
and 1999’’;
(2) by striking ‘‘1997 and October’’ and insert-
ing ‘‘1997, October’’; and
(3) by inserting before the semicolon the follow-
ing: ‘‘, and October 1, 1999 for assistance made
available during fiscal year 1999’’.
HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS
GRANTS
SEC. 203. (a) ELIGIBILITY.—Notwithstanding sec-
tion 854(c)(1)(A) of the AIDS Housing Opportunity Act
(42 U.S.C. 12903(c)(1)(A)), from any amounts made
available under this title for fiscal year 1999 that are allo-
cated under such section, the Secretary of Housing and
Urban Development shall allocate and make a grant, in
the amount determined under subsection (b), for any
State that—
(1) received an allocation in a prior fiscal year
under clause (ii) of such section; and
(2) is not otherwise eligible for an allocation for
fiscal year 1999 under such clause (ii) because the
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areas in the State outside of the metropolitan statis-
tical areas that qualify under clause (i) in fiscal year
1999 do not have the number of cases of acquired
immunodeficiency syndrome required under such
clause.
(b) AMOUNT.—The amount of the allocation and
grant for any State described in subsection (a) shall be
an amount based on the cumulative number of AIDS cases
in the areas of that State that are outside of metropolitan
statistical areas that qualify under clause (i) of such sec-
tion 854(c)(1)(A) in fiscal year 1999 in proportion to
AIDS cases among cities and States that qualify under
clauses (i) and (ii) of such section and States deemed eligi-
ble under subsection (a).
(c) ENVIRONMENTAL REVIEW.—For purposes of en-
vironmental review, pursuant to the National Environ-
mental Policy Act of 1969 and other provisions of law that
further the purposes of such Act, a grant under the AIDS
Housing Opportunity Act (42 U.S.C. 12901 et seq.) from
amounts provided under this or prior Acts shall be treated
as assistance for a special project that is subject to section
305(c) of the Multifamily Housing Property Disposition
Reform Act of 1994 (42 U.S.C. 3547), and shall be sub-
ject to the regulations issued by the Secretary to imple-
ment such section. Where the grantee under the AIDS
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Housing Opportunity Act is a nonprofit organization and
the activity is proposed to be carried out within the juris-
diction of an Indian tribe or the community of an Alaska
native village, the role of the State or unit of general local
government under sections 305(c)(1)–(3) of such Act may
be carried out by the Indian tribe or Alaska native village
instead.
DRAWDOWN OF FUNDS
SEC. 204. Section 14(q)(1) of the United States
Housing Act of 1937 (42 U.S.C. 1437l(q)(1)) is amended
by inserting after the first sentence the following sentence:
‘‘Such assistance may involve the drawdown of funds on
a schedule commensurate with construction draws for de-
posit into an interest earning escrow account to serve as
collateral or credit enhancement for bonds issued by a
public agency for the construction or rehabilitation of the
development.’’.
ISSUANCE OF CERTIFICATES AND VOUCHERS TO SINGLE
PERSONS
SEC.
205.
(a)
CERTIFICATE
PROGRAM.—Section
8(c)(1) of the United States Housing Act of 1937 (42
U.S.C. 1437f(c)(1)) is amended by inserting after the
third sentence the following new sentence: ‘‘The maximum
monthly rent for a single person (other than an elderly
person or person with disabilities, if such elderly person
or person with disabilities is living with one or more per-
HR 4194 PP
sons determined under the regulations of the Secretary to
be essential to such person’s care or well-being) receiving
tenant-based rental assistance in the certificate program
under subsection (b)(1) shall not exceed by more than the
amount permitted under the second sentence of this para-
graph the fair market rental for an efficiency unit, except
that the Secretary, or the public housing agency in accord-
ance with guidelines established by the Secretary, may de-
termine not to apply the limitation in this sentence if there
is an insufficient supply of efficiency units in the market
area or if necessary to meet the needs of persons with dis-
abilities.’’.
(b) VOUCHER PROGRAM.—Section 8(o) of such Act
(42 U.S.C. 1437f(o)) is amended by inserting the follow-
ing at the end of paragraph (1): ‘‘The payment standard
for a single person (other than an elderly person or person
with disabilities, if such elderly person or person with dis-
abilities is living with one or more persons determined
under the regulations of the Secretary to be essential to
such person’s care or well-being) shall be based on the fair
market rental for an efficiency unit, except that the Sec-
retary, or the public housing agency in accordance with
guidelines established by the Secretary, may determine not
to apply the limitation in this sentence if there is an insuf-
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ficient supply of efficiency units in the market area or if
necessary to meet the needs of persons with disabilities.’’.
(c) APPLICABILITY.—This section shall take effect 60
days after the later of October 1, 1998 or the date of en-
actment of this Act.
ELIMINATION
OF
SHOPPING
INCENTIVE
FOR
VOUCHER
FAMILIES WHO REMAIN IN SAME UNIT UPON INITIAL
RECEIPT OF ASSISTANCE
SEC. 206. (a) Section 8(o)(2) of the United States
Housing Act of 1937 (42 U.S.C. 1437f(o)(2)) is amended
by inserting the following new sentence at the end: ‘‘Not-
withstanding the preceding sentence, for families being ad-
mitted to the voucher program who remain in the same
unit or complex, where the rent (including the amount al-
lowed for utilities) does not exceed the payment standard,
the monthly assistance payment for any family shall be
the amount by which such rent exceeds the greater of 30
percent of the family’s monthly adjusted income or 10 per-
cent of the family’s monthly income.’’.
(b) This section shall take effect 60 days after the
later of October 1, 1998 or the date of enactment of this
Act.
RENEGOTIATION OF PERFORMANCE FUNDING SYSTEM
SEC. 207. Section 9(a)(3)(A) of the United States
Housing Act of 1937 (42 U.S.C. 1437g(a)(3)(A)) is
amended—
HR 4194 PP
(1) by inserting after the third sentence the fol-
lowing new sentence to read as follows:
‘‘Notwithstanding the preceding sentences, the Secretary
may revise the performance funding system in a manner
that takes into account equity among public housing agen-
cies and that includes appropriate incentives for sound
management.’’; and
(2) in the last sentence, by inserting after ‘‘va-
cant public housing units’’ the following: ‘‘, or any
substantial change under the preceding sentence,’’.
CDBG AND HOME EXEMPTION
SEC. 208. The City of Oxnard, California may use
amounts available to the City under title I of the Housing
and Community Development Act of 1974 and under sub-
title A of title II of the Cranston-Gonzalez National Af-
fordable Housing Act to reimburse the city for its cost
in purchasing 19.89 acres of land, more or less, located
at the northwest corner of Lombard Street and Camino
del Sol in the city, on the north side of the 2100 block
of Camino del Sol, for the purpose of providing affordable
housing. The procedures set forth in sections 104(g)(2)
and (3) of the Housing and Community Development Act
of 1974 and sections 288(b) and (c) of the Cranston-Gon-
zalez National Affordable Housing Act shall not apply to
any release of funds for such reimbursement.
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CDBG PUBLIC SERVICES CAP
SEC. 209. Section 105(a)(8) of the Housing and
Community
Development
Act
of
1974
(42
U.S.C.
5305(a)(8)) is amended by striking ‘‘1998’’ and inserting
‘‘1999’’.
TITLE III—INDEPENDENT AGENCIES
AMERICAN BATTLE MONUMENTS COMMISSION
SALARIES AND EXPENSES
For necessary expenses, not otherwise provided for,
of the American Battle Monuments Commission, including
the acquisition of land or interest in land in foreign coun-
tries; purchases and repair of uniforms for caretakers of
national cemeteries and monuments outside of the United
States and its territories and possessions; rent of office
and garage space in foreign countries; purchase (one for
replacement only) and hire of passenger motor vehicles;
and insurance of official motor vehicles in foreign coun-
tries,
when
required
by
law
of
such
countries,
$26,431,000, to remain available until expended: Pro-
vided, That where station allowance has been authorized
by the Department of the Army for officers of the Army
serving the Army at certain foreign stations, the same al-
lowance shall be authorized for officers of the Armed
Forces assigned to the Commission while serving at the
same foreign stations, and this appropriation is hereby
HR 4194 PP
made available for the payment of such allowance: Pro-
vided further, That when traveling on business of the Com-
mission, officers of the Armed Forces serving as members
or as Secretary of the Commission may be reimbursed for
expenses as provided for civilian members of the Commis-
sion: Provided further, That the Commission shall reim-
burse other Government agencies, including the Armed
Forces, for salary, pay, and allowances of personnel as-
signed to it.
CHEMICAL SAFETY AND HAZARD INVESTIGATION BOARD
SALARIES AND EXPENSES
For necessary expenses in carrying out activities pur-
suant to section 112(r)(6) of the Clean Air Act, as amend-
ed, including hire of passenger vehicles, and for services
authorized by 5 U.S.C. 3109, but at rates for individuals
not to exceed the per diem equivalent to the maximum
rate payable for senior level positions under 5 U.S.C.
5376, $6,500,000: Provided, That the Chemical Safety
and Hazard Investigation Board shall have not more than
three career Senior Executive Service positions.
DEPARTMENT OF THE TREASURY
COMMUNITY DEVELOPMENT FINANCIAL INSTITUTIONS
COMMUNITY DEVELOPMENT FINANCIAL INSTITUTIONS
FUND PROGRAM ACCOUNT
For grants, loans, and technical assistance to qualify-
ing community development lenders, and administrative
HR 4194 PP
expenses of the Fund, including services authorized by 5
U.S.C. 3109, but at rates for individuals not to exceed
the per diem rate equivalent to the rate for ES–3,
$80,000,000, to remain available until September 30,
2000, of which $12,000,000 may be used for the cost of
direct loans, and up to $1,000,000 may be used for admin-
istrative expenses to carry out the direct loan program:
Provided, That the cost of direct loans, including the cost
of modifying such loans, shall be as defined in section 502
of the Congressional Budget Act of 1974: Provided fur-
ther, That these funds are available to subsidize gross obli-
gations for the principal amount of direct loans not to ex-
ceed $32,000,000: Provided further, That not more than
$25,000,000 of the funds made available under this head-
ing may be used for programs and activities authorized
in section 114 of the Community Development Banking
and Financial Institutions Act of 1994.
CONSUMER PRODUCT SAFETY COMMISSION
SALARIES AND EXPENSES
For necessary expenses of the Consumer Product
Safety Commission, including hire of passenger motor ve-
hicles, services as authorized by 5 U.S.C. 3109, but at
rates for individuals not to exceed the per diem rate equiv-
alent to the maximum rate payable under 5 U.S.C. 5376,
purchase of nominal awards to recognize non-Federal offi-
HR 4194 PP
cials’ contributions to Commission activities, and not to
exceed $500 for official reception and representation ex-
penses, $46,000,000. No funds shall be expended in pro-
mulgating a Notice of Proposed Rulemaking or Final Rule
under the Flammable Fabrics Act, which could directly
or indirectly lead to increased chemical treatment of up-
holstery fabrics, unless the published Notice of Proposed
Rulemaking or Final Rule includes the final recommenda-
tions of the Chronic Hazard Advisory Panel.
CORPORATION FOR NATIONAL AND COMMUNITY SERVICE
NATIONAL AND COMMUNITY SERVICE PROGRAMS
OPERATING EXPENSES
Of the funds appropriated under this heading in Pub-
lic Law 105–65, the Corporation for National and Com-
munity Service shall use such amounts of such funds as
may be necessary to carry out the orderly termination of:
(1) the programs, activities, and initiatives under the Na-
tional and Community Service Act of 1990 (Public Law
103–82); the Corporation; and (2) the Corporation’s Of-
fice of Inspector General: Provided, That such sums shall
be utilized to resolve all responsibilities and obligations in
connection with said Corporation and the Corporation’s
Office of Inspector General.
HR 4194 PP
COURT OF VETERANS APPEALS
SALARIES AND EXPENSES
For necessary expenses for the operation of the
United States Court of Veterans Appeals as authorized
by
U.S.C.
7251–7298,
$10,195,000,
of
which
$865,000, shall be available for the purpose of providing
financial assistance as described, and in accordance with
the process and reporting procedures set forth, under this
heading in Public Law 102–229.
DEPARTMENT OF DEFENSE—CIVIL
CEMETERIAL EXPENSES, ARMY
SALARIES AND EXPENSES
For necessary expenses, as authorized by law, for
maintenance, operation, and improvement of Arlington
National Cemetery and Soldiers’ and Airmen’s Home Na-
tional Cemetery, including the purchase of one passenger
motor vehicle for replacement only, and not to exceed
$1,000 for official reception and representation expenses,
$11,666,000, to remain available until expended.
ENVIRONMENTAL PROTECTION AGENCY
SCIENCE AND TECHNOLOGY
For science and technology, including research and
development activities, which shall include research and
development activities under the Comprehensive Environ-
mental Response, Compensation, and Liability Act of
HR 4194 PP
1980 (CERCLA), as amended; necessary expenses for per-
sonnel and related costs and travel expenses, including
uniforms, or allowances therefore, as authorized by 5
U.S.C. 5901–5902; services as authorized by 5 U.S.C.
3109, but at rates for individuals not to exceed the per
diem rate equivalent to the maximum rate payable for sen-
ior level positions under 5 U.S.C. 5376; procurement of
laboratory equipment and supplies; other operating ex-
penses in support of research and development; construc-
tion, alteration, repair, rehabilitation, and renovation of
facilities,
not
to
exceed
$75,000
per
project,
$656,505,000, which shall remain available until Septem-
ber 30, 2000: Provided, That the obligated balance of such
sums shall remain available through September 30, 2007
for liquidating obligations made in fiscal years 1999 and
2000.
ENVIRONMENTAL PROGRAMS AND MANAGEMENT
For environmental programs and management, in-
cluding necessary expenses, not otherwise provided for, for
personnel and related costs and travel expenses, including
uniforms, or allowances therefore, as authorized by 5
U.S.C. 5901–5902; services as authorized by 5 U.S.C.
3109, but at rates for individuals not to exceed the per
diem rate equivalent to the maximum rate payable for sen-
ior level positions under 5 U.S.C. 5376; hire of passenger
motor vehicles; hire, maintenance, and operation of air-
HR 4194 PP
craft; purchase of reprints; library memberships in soci-
eties or associations which issue publications to members
only or at a price to members lower than to subscribers
who are not members; construction, alteration, repair, re-
habilitation, and renovation of facilities, not to exceed
$75,000 per project; and not to exceed $6,000 for official
reception and representation expenses, $1,856,000,000,
which shall remain available until September 30, 2000:
Provided, That the obligated balance of such sums shall
remain available through September 30, 2007 for liquidat-
ing obligations made in fiscal years 1999 and 2000: Pro-
vided further, That none of the funds appropriated by this
Act shall be used to develop, propose, or issue rules, regu-
lations, decrees, or orders for the purpose of implementa-
tion, or in contemplation of implementation, of the Kyoto
Protocol which was adopted on December 11, 1997, in
Kyoto, Japan at the Third Conference of the Parties to
the United Nations Framework Convention on Climate
Change, which has not been submitted to the Senate for
advice and consent to ratification pursuant to article II,
section 2, clause 2, of the United States Constitution, and
which has not entered into force pursuant to article 25
of such Protocol: Provided further, That none of the funds
made available in this Act may be used to implement or
administer the interim guidance issued on February 5,
HR 4194 PP
1998 by the Environmental Protection Agency relating to
title VI of the Civil Rights Act of 1964 and designated
as the ‘‘Interim Guidance for Investigating Title VI Ad-
ministrative Complaints Challenging Permits’’ with re-
spect to complaints filed under such title after the date
of enactment of this Act and until guidance is finalized.
Nothing in the above proviso may be construed to restrict
the Environmental Protection Agency from developing or
issuing final guidance relating to title VI of the Civil
Rights Act of 1964: Provided further, That any limitation
on funds for the Environmental Protection Agency or the
Council on Environment Quality in this Act shall not
apply to conducting educational outreach or informational
seminars.
OFFICE OF INSPECTOR GENERAL
For necessary expenses of the Office of Inspector
General in carrying out the provisions of the Inspector
General Act of 1978, as amended, and for construction,
alteration, repair, rehabilitation, and renovation of facili-
ties, not to exceed $75,000 per project, $31,154,000, to
remain available until September 30, 2000: Provided,
That the obligated balance of such sums shall remain
available through September 30, 2007 for liquidating obli-
gations made in fiscal years 1999 and 2000.
HR 4194 PP
BUILDINGS AND FACILITIES
For construction, repair, improvement, extension, al-
teration, and purchase of fixed equipment or facilities of,
or for use by, the Environmental Protection Agency,
$60,948,000, to remain available until expended.
HAZARDOUS SUBSTANCE SUPERFUND
(INCLUDING TRANSFERS OF FUNDS)
For necessary expenses to carry out the Comprehen-
sive Environmental Response, Compensation, and Liabil-
ity Act of 1980 (CERCLA), as amended, including sec-
tions 111(c)(3), (c)(5), (c)(6), and (e)(4) (42 U.S.C.
9611), and for construction, alteration, repair, rehabilita-
tion, and renovation of facilities, not to exceed $75,000
per project; not to exceed $1,500,000,000, consisting of
$650,000,000 as appropriated under this heading in Pub-
lic Law 105–65, notwithstanding the second proviso under
this heading of said Act, and not to exceed $850,000,000
(of which $100,000,000 shall not become available until
September 1, 1999), all of which is to remain available
until expended, consisting of $1,175,000,000, as author-
ized by section 517(a) of the Superfund Amendments and
Reauthorization Act of 1986 (SARA), as amended by
Public Law 101–508, and $325,000,000 as a payment
from general revenues to the Hazardous Substance Super-
fund for purposes as authorized by section 517(b) of
SARA, as amended by Public Law 101–508: Provided,
HR 4194 PP
That funds appropriated under this heading may be allo-
cated to other Federal agencies in accordance with section
111(a) of CERCLA: Provided further, That $12,237,000
of the funds appropriated under this heading shall be
transferred to the ‘‘Office of Inspector General’’ appro-
priation to remain available until September 30, 2000:
Provided further, That notwithstanding section 111(m) of
CERCLA or any other provision of law, $74,000,000 of
the funds appropriated under this heading shall be avail-
able to the Agency for Toxic Substances and Disease Reg-
istry to carry out activities described in sections 104(i),
111(c)(4), and 111(c)(14) of CERCLA and section 118(f)
of SARA: Provided further, That $40,000,000 of the funds
appropriated under this heading shall be transferred to
the ‘‘Science and Technology’’ appropriation to remain
available until September 30, 2000: Provided further, That
none of the funds appropriated under this heading shall
be available for the Agency for Toxic Substances and Dis-
ease Registry to issue in excess of 40 toxicological profiles
pursuant to section 104(i) of CERCLA during fiscal year
1999.
LEAKING UNDERGROUND STORAGE TANK TRUST FUND
For necessary expenses to carry out leaking under-
ground storage tank cleanup activities authorized by sec-
tion 205 of the Superfund Amendments and Reauthoriza-
tion Act of 1986, and for construction, alteration, repair,
HR 4194 PP
rehabilitation, and renovation of facilities, not to exceed
$75,000 per project, $70,000,000, to remain available
until expended: Provided, That hereafter, the Adminis-
trator is authorized to enter into assistance agreements
with Federally recognized Indian tribes on such terms and
conditions as the Administrator deems appropriate for the
same purposes as are set forth in section 9003(h)(7) of
the Resource Conservation and Recovery Act.
OIL SPILL RESPONSE
(INCLUDING TRANSFER OF FUNDS)
For expenses necessary to carry out the Environ-
mental Protection Agency’s responsibilities under the Oil
Pollution Act of 1990, $15,000,000, to be derived from
the Oil Spill Liability trust fund, and to remain available
until expended.
STATE AND TRIBAL ASSISTANCE GRANTS
For environmental programs and infrastructure as-
sistance, including capitalization grants for State revolv-
ing
funds
and
performance
partnership
grants,
$3,233,132,000, to remain available until expended, of
which $1,250,000,000 shall be for making capitalization
grants for the Clean Water State Revolving Funds under
title VI of the Federal Water Pollution Control Act, as
amended, and $775,000,000 shall be for capitalization
grants for the Drinking Water State Revolving Funds
under section 1452 of the Safe Drinking Water Act, as
HR 4194 PP
amended,
$55,000,000
for
architectural,
engineering,
planning, design, construction and related activities in
connection with the construction of high priority water
and wastewater facilities in the area of the United States-
Mexico border, after consultation with the appropriate
border commission, $15,000,000 for grants to the State
of Alaska to address drinking water and wastewater infra-
structure needs of rural and Alaska Native Villages as
provided
by
section
303
of
Public
Law
104–182,
$253,475,000 for making grants for the construction of
wastewater and water treatment facilities and ground-
water protection infrastructure in accordance with the
terms and conditions specified for such grants in the re-
port
accompanying
this
Act
(H.R.
4194);
and
$884,657,000 for grants, including associated program
support costs, to States, Federally recognized tribes, inter-
state agencies, Tribal consortia, and air pollution control
agencies for multi-media or single media pollution preven-
tion, control and abatement and related activities, includ-
ing activities pursuant to the provisions set forth under
this heading in Public Law 104–134, and for making
grants under section 103 of the Clean Air Act for particu-
late matter monitoring and data collection activities: Pro-
vided, That, consistent with section 1452(g) of the Safe
Drinking Water Act (42 U.S.C. 300j–12(g)), section 302
HR 4194 PP
of the Safe Drinking Water Act Amendments of 1996
(Public Law 104–182) and the accompanying joint ex-
planatory statement of the committee on conference (H.
Rept. No. 104–741 to accompany S. 1316, the Safe
Drinking Water Act Amendments of 1996), and notwith-
standing any other provision of law, beginning in fiscal
year 1999 and thereafter, States may combine the assets
of State Revolving Funds (SRFs) established under sec-
tion 1452 of the Safe Drinking Water Act, as amended,
and title VI of the Federal Water Pollution Control Act,
as amended, as security for bond issues to enhance the
lending capacity of one or both SRFs, but not to acquire
the State match for either program, provided that reve-
nues from the bonds are allocated to the purposes of the
Safe Drinking Water Act and the Federal Water Pollution
Control Act in the same portion as the funds are used
as security for the bonds: Provided further, That hereafter,
the Administrator is authorized to enter into assistance
agreements with Federally recognized Indian tribes on
such terms and conditions as the Administrator deems ap-
propriate for the development and implementation of pro-
grams to manage hazardous waste, and underground stor-
age tanks: Provided further, That beginning in fiscal year
1999 and thereafter, pesticide program implementation
grants under section 23(a)(1) of the Federal Insecticide,
HR 4194 PP
Fungicide and Rodenticide Act, as amended, shall be
available for pesticide program development and imple-
mentation, including enforcement and compliance activi-
ties: Provided further, That, notwithstanding the matching
requirement in Public Law 104–204 for funds appro-
priated under this heading for grants to the State of Texas
for improving wastewater treatment for the Colonias, such
funds that remain unobligated may also be used for im-
proving water treatment for the Colonias, and shall be
matched by the State funds from State resources equal
to 20 percent of such unobligated funds.
EXECUTIVE OFFICE OF THE PRESIDENT
OFFICE OF SCIENCE AND TECHNOLOGY POLICY
For necessary expenses of the Office of Science and
Technology Policy, in carrying out the purposes of the Na-
tional Science and Technology Policy, Organization, and
Priorities Act of 1976 (42 U.S.C. 6601 and 6671), hire
of passenger motor vehicles, and services as authorized by
5 U.S.C. 3109, not to exceed $2,500 for official reception
and representation expenses, and rental of conference
rooms in the District of Columbia, $5,026,000.
COUNCIL ON ENVIRONMENTAL QUALITY AND OFFICE OF
ENVIRONMENTAL QUALITY
For necessary expenses to continue functions as-
signed to the Council on Environmental Quality and Office
of Environmental Quality pursuant to the National Envi-
HR 4194 PP
ronmental Policy Act of 1969, the Environmental Quality
Improvement Act of 1970, and Reorganization Plan No.
1 of 1977, $2,675,000: Provided, That, notwithstanding
any other provision of law, no funds other than those ap-
propriated under this heading shall be used for or by the
Council on Environmental Quality and Office of Environ-
mental Quality: Provided further, That notwithstanding
section 202 of the National Environmental Policy Act of
1970, the Council shall consist of one member, appointed
by the President, by and with the advice and consent of
the Senate, serving as chairman and exercising all powers,
functions, and duties of the Council.
FEDERAL DEPOSIT INSURANCE CORPORATION
OFFICE OF INSPECTOR GENERAL
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses of the Office of Inspector
General in carrying out the provisions of the Inspector
General Act of 1978, as amended, $34,666,000, to be de-
rived from the Bank Insurance Fund, the Savings Asso-
ciation Insurance Fund, and the FSLIC Resolution Fund.
FEDERAL EMERGENCY MANAGEMENT AGENCY
DISASTER RELIEF
For necessary expenses in carrying out the Robert
T. Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5121 et seq.), $307,745,000, and, notwith-
HR 4194 PP
standing 42 U.S.C. 5203, to remain available until ex-
pended.
DISASTER ASSISTANCE DIRECT LOAN PROGRAM ACCOUNT
For the cost of direct loans, $1,355,000, as author-
ized by section 319 of the Robert T. Stafford Disaster Re-
lief and Emergency Assistance Act: Provided, That such
costs, including the cost of modifying such loans, shall be
as defined in section 502 of the Congressional Budget Act
of 1974, as amended: Provided further, That these funds
are available to subsidize gross obligations for the prin-
cipal amount of direct loans not to exceed $25,000,000.
In addition, for administrative expenses to carry out
the direct loan program, $440,000.
SALARIES AND EXPENSES
For necessary expenses, not otherwise provided for,
including hire and purchase of motor vehicles as author-
ized by 31 U.S.C. 1343; uniforms, or allowances therefor,
as authorized by 5 U.S.C. 5901–5902; services as author-
ized by 5 U.S.C. 3109, but at rates for individuals not
to exceed the per diem rate equivalent to the maximum
rate payable for senior level positions under 5 U.S.C.
5376; expenses of attendance of cooperating officials and
individuals at meetings concerned with the work of emer-
gency preparedness; transportation in connection with the
continuity of Government programs to the same extent
and in the same manner as permitted the Secretary of
HR 4194 PP
a Military Department under 10 U.S.C. 2632; and not to
exceed $2,500 for official reception and representation ex-
penses, $171,138,000.
OFFICE OF THE INSPECTOR GENERAL
For necessary expenses of the Office of the Inspector
General in carrying out the Inspector General Act of 1978,
as amended, $4,930,000.
EMERGENCY MANAGEMENT PLANNING AND ASSISTANCE
For necessary expenses, not otherwise provided for,
to carry out activities under the National Flood Insurance
Act of 1968, as amended, and the Flood Disaster Protec-
tion Act of 1973, as amended (42 U.S.C. 4001 et seq.),
the Robert T. Stafford Disaster Relief and Emergency As-
sistance Act (42 U.S.C. 5121 et seq.), the Earthquake
Hazards Reduction Act of 1977, as amended (42 U.S.C.
7701 et seq.), the Federal Fire Prevention and Control
Act of 1974, as amended (15 U.S.C. 2201 et seq.), the
Defense Production Act of 1950, as amended (50 U.S.C.
App. 2061 et seq.), sections 107 and 303 of the National
Security Act of 1947, as amended (50 U.S.C. 404–405),
and Reorganization Plan No. 3 of 1978, $231,674,000:
Provided, That for purposes of pre-disaster mitigation
pursuant to 42 U.S.C. 5131(b) and (c) and 42 U.S.C.
5196(e) and (i), $30,000,000 of the funds made available
under this heading shall be available until expended for
project grants. The United States Fire Administration is
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to conduct a pilot project, to be completed within 15
months from the date of enactment of this Act, to promote
the installation and maintenance of smoke detectors in the
localities of highest risk for residential fires. The United
States Fire Administration shall transmit the results of
its pilot project to the Consumer Product Safety Commis-
sion and to the Committee on Science of the House of
Representatives
and
the
Committee
on
Commerce,
Science, and Transportation of the Senate.
RADIOLOGICAL EMERGENCY PREPAREDNESS FUND
There is hereby established in the Treasury a Radio-
logical Emergency Preparedness Fund, which shall be
available under the Atomic Energy Act of 1954, as amend-
ed, and Executive Order 12657, for offsite radiological
emergency planning, preparedness, and response. Begin-
ning in fiscal year 1999 and thereafter, the Director of
the Federal Emergency Management Agency (FEMA)
shall promulgate through rulemaking fees to be assessed
and collected, applicable to persons subject to FEMA’s ra-
diological emergency preparedness regulations. The aggre-
gate charges assessed pursuant to this paragraph during
fiscal year 1999 shall not be less than 100 percent of the
amounts anticipated by FEMA necessary for its radiologi-
cal emergency preparedness program for such fiscal year.
The methodology for assessment and collection of fees
shall be fair and equitable; and shall reflect costs of pro-
HR 4194 PP
viding such services, including administrative costs of col-
lecting such fees. Fees received pursuant to this section
shall be deposited in the Fund as offsetting collections and
will become available for authorized purposes on October
1, 1999, and remain available until expended.
For necessary expenses of the Fund for fiscal year
1999, $12,849,000, to remain available until expended.
EMERGENCY FOOD AND SHELTER PROGRAM
To carry out an emergency food and shelter program
pursuant to title III of Public Law 100–77, as amended,
$100,000,000: Provided, That total administrative costs
shall not exceed three and one-half percent of the total
appropriation.
NATIONAL FLOOD INSURANCE FUND
(INCLUDING TRANSFER OF FUNDS)
For activities under the National Flood Insurance
Act of 1968, the Flood Disaster Protection Act of 1973,
as amended, not to exceed $22,685,000 for salaries and
expenses associated with flood mitigation and flood insur-
ance operations, and not to exceed $78,464,000 for flood
mitigation, including up to $20,000,000 for expenses
under section 1366 of the National Flood Insurance Act,
which amount shall be available for transfer to the Na-
tional Flood Mitigation Fund until September 30, 2000.
In fiscal year 1999, no funds in excess of: (1) $47,000,000
for operating expenses; (2) $343,989,000 for agents’ com-
HR 4194 PP
missions and taxes; and (3) $60,000,000 for interest on
Treasury borrowings shall be available from the National
Flood Insurance Fund without prior notice to the Commit-
tees on Appropriations. For fiscal year 1999, flood insur-
ance rates shall not exceed the level authorized by the Na-
tional Flood Insurance Reform Act of 1994.
GENERAL SERVICES ADMINISTRATION
CONSUMER INFORMATION CENTER FUND
For necessary expenses of the Consumer Information
Center, including services authorized by 5 U.S.C. 3109,
$2,619,000, to be deposited into the Consumer Informa-
tion Center Fund: Provided, That the appropriations, rev-
enues and collections deposited into the fund shall be
available for necessary expenses of Consumer Information
Center activities in the aggregate amount of $7,500,000.
Appropriations, revenues, and collections accruing to this
fund during fiscal year 1999 in excess of $7,500,000 shall
remain in the fund and shall not be available for expendi-
ture except as authorized in appropriations Acts.
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
HUMAN SPACE FLIGHT
For necessary expenses, not otherwise provided for,
in the conduct and support of human space flight research
and development activities, including research, develop-
ment, operations, and services; maintenance; construction
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of facilities including repair, rehabilitation, and modifica-
tion of real and personal property, and acquisition or con-
demnation of real property, as authorized by law; space
flight, spacecraft control and communications activities in-
cluding operations, production, and services; and pur-
chase, lease, charter, maintenance and operation of mis-
sion and administrative aircraft, $5,309,000,000, to re-
main available until September 30, 2000.
SCIENCE, AERONAUTICS AND TECHNOLOGY
For necessary expenses, not otherwise provided for,
in the conduct and support of science, aeronautics and
technology research and development activities, including
research, development, operations, and services; mainte-
nance; construction of facilities including repair, rehabili-
tation, and modification of real and personal property, and
acquisition or condemnation of real property, as author-
ized by law; space flight, spacecraft control and commu-
nications activities including operations, production, and
services; and purchase, lease, charter, maintenance and
operation
of
mission
and
administrative
aircraft,
$5,541,600,000, to remain available until September 30,
2000.
MISSION SUPPORT
For necessary expenses, not otherwise provided for,
in carrying out mission support for human space flight
programs and science, aeronautical, and technology pro-
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grams, including research operations and support; space
communications activities including operations, production
and services; maintenance; construction of facilities in-
cluding repair, rehabilitation, and modification of facili-
ties, minor construction of new facilities and additions to
existing facilities, facility planning and design, environ-
mental compliance and restoration, and acquisition or con-
demnation of real property, as authorized by law; program
management; personnel and related costs, including uni-
forms or allowances therefor, as authorized by 5 U.S.C.
5901–5902; travel expenses; purchase, lease, charter,
maintenance, and operation of mission and administrative
aircraft; not to exceed $35,000 for official reception and
representation expenses; and purchase (not to exceed 33
for replacement only) and hire of passenger motor vehi-
cles, $2,458,600,000, to remain available until September
30, 2000.
OFFICE OF INSPECTOR GENERAL
For necessary expenses of the Office of Inspector
General in carrying out the Inspector General Act of 1978,
as amended, $19,000,000.
ADMINISTRATIVE PROVISIONS
Notwithstanding the limitation on the availability of
funds appropriated for ‘‘Human space flight’’, ‘‘Science,
aeronautics and technology’’, or ‘‘Mission support’’ by this
appropriations Act, when any activity has been initiated
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by the incurrence of obligations for construction of facili-
ties as authorized by law, such amount available for such
activity shall remain available until expended. This provi-
sion does not apply to the amounts appropriated in ‘‘Mis-
sion support’’ pursuant to the authorization for repair, re-
habilitation and modification of facilities, minor construc-
tion of new facilities and additions to existing facilities,
and facility planning and design.
Notwithstanding the limitation on the availability of
funds appropriated for ‘‘Human space flight’’, ‘‘Science,
aeronautics and technology’’, or ‘‘Mission support’’ by this
appropriations Act, the amounts appropriated for con-
struction of facilities shall remain available until Septem-
ber 30, 2001.
Notwithstanding the limitation on the availability of
funds appropriated for ‘‘Mission support’’ and ‘‘Office of
Inspector General’’, amounts made available by this Act
for personnel and related costs and travel expenses of the
National Aeronautics and Space Administration shall re-
main available until September 30, 1999 and may be used
to enter into contracts for training, investigations, costs
associated with personnel relocation, and for other serv-
ices, to be provided during the next fiscal year.
NASA shall develop a revised appropriation structure
for submission in the Fiscal Year 2000 budget request
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consisting of two basic appropriations (the Human Space
Flight Appropriation and the Science, Aeronautics and
Technology Appropriation) with a separate (third) appro-
priation for the Office of Inspector General. The appro-
priations shall each include the planned full costs (direct
and indirect costs) of NASA’s related activities and allow
NASA to shift civil service salaries, benefits and support
between and/or among appropriations or accounts, as re-
quired, for the safe, timely, and successful accomplishment
of NASA missions.
None of the funds made available by this Act may
be used for feasibility studies for, or construction or pro-
curement of satellite hardware for, a mission to a region
of space identified as an Earth LaGrange point, other
than for the Solar and Heliospheric Observatory (SOHO),
Advanced Composition Explorer (ACE), or Genesis mis-
sion. Such funds shall also not be used for the addition
of an Earth-observing payload to any of the missions
named in the preceding sentence.
NATIONAL CREDIT UNION ADMINISTRATION
CENTRAL LIQUIDITY FACILITY
During fiscal year 1999, gross obligations of the Cen-
tral Liquidity Facility for the principal amount of new di-
rect loans to member credit unions, as authorized by the
National Credit Union Central Liquidity Facility Act (12
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U.S.C. 1795), shall not exceed $600,000,000: Provided,
That administrative expenses of the Central Liquidity Fa-
cility in fiscal year 1999 shall not exceed $176,000: Pro-
vided further, That $2,000,000, together with amounts of
principal and interest on loans repaid, to be available until
expended, is available for loans to community development
credit unions.
NATIONAL SCIENCE FOUNDATION
RESEARCH AND RELATED ACTIVITIES
For necessary expenses in carrying out the National
Science Foundation Act of 1950, as amended (42 U.S.C.
1861–1875), and the Act to establish a National Medal
of Science (42 U.S.C. 1880–1881); services as authorized
by 5 U.S.C. 3109; maintenance and operation of aircraft
and purchase of flight services for research support; acqui-
sition of aircraft, $2,745,000,000, of which not to exceed
$244,960,000, shall remain available until expended for
Polar research and operations support, and for reimburse-
ment to other Federal agencies for operational and science
support and logistical and other related activities for the
United States Antarctic program; the balance to remain
available until September 30, 2000: Provided, That re-
ceipts for scientific support services and materials fur-
nished by the National Research Centers and other Na-
tional Science Foundation supported research facilities
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may be credited to this appropriation: Provided further,
That to the extent that the amount appropriated is less
than the total amount authorized to be appropriated for
included program activities, all amounts, including floors
and ceilings, specified in the authorizing Act for those pro-
gram activities or their subactivities shall be reduced pro-
portionally: Provided further, That none of the funds ap-
propriated or otherwise made available to the National
Science Foundation in this or any prior Act may be obli-
gated or expended by the National Science Foundation to
enter into or extend a grant, contract, or cooperative
agreement for the support of administering the domain
name and numbering system of the Internet after Septem-
ber 30, 1998.
MAJOR RESEARCH EQUIPMENT
For
necessary
expenses
of
major
construction
projects pursuant to the National Science Foundation Act
of 1950, as amended, $90,000,000, to remain available
until expended.
EDUCATION AND HUMAN RESOURCES
For necessary expenses in carrying out science and
engineering education and human resources programs and
activities pursuant to the National Science Foundation
Act of 1950, as amended (42 U.S.C. 1861–1875), includ-
ing services as authorized by 5 U.S.C. 3109 and rental
of
conference
rooms
in
the
District
of
Columbia,
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$642,500,000, to remain available until September 30,
2000: Provided, That to the extent that the amount of
this appropriation is less than the total amount authorized
to be appropriated for included program activities, all
amounts, including floors and ceilings, specified in the au-
thorizing Act for those program activities or their sub-
activities shall be reduced proportionally.
SALARIES AND EXPENSES
For salaries and expenses necessary in carrying out
the National Science Foundation Act of 1950, as amended
(42 U.S.C. 1861–1875); services authorized by 5 U.S.C.
3109; hire of passenger motor vehicles; not to exceed
$9,000 for official reception and representation expenses;
uniforms or allowances therefor, as authorized by 5 U.S.C.
5901–5902; rental of conference rooms in the District of
Columbia; reimbursement of the General Services Admin-
istration for security guard services; $144,000,000: Pro-
vided, That contracts may be entered into under ‘‘Salaries
and expenses’’ in fiscal year 1999 for maintenance and
operation of facilities, and for other services, to be pro-
vided during the next fiscal year.
OFFICE OF INSPECTOR GENERAL
For necessary expenses of the Office of Inspector
General as authorized by the Inspector General Act of
1978, as amended, $5,200,000, to remain available until
September 30, 2000.
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NEIGHBORHOOD REINVESTMENT CORPORATION
PAYMENT TO THE NEIGHBORHOOD REINVESTMENT
CORPORATION
For payment to the Neighborhood Reinvestment Cor-
poration for use in neighborhood reinvestment activities,
as authorized by the Neighborhood Reinvestment Corpora-
tion Act (42 U.S.C. 8101–8107), $90,000,000, of which
$25,000,000 shall be for a pilot homeownership initiative,
including an evaluation by an independent third party to
determine its effectiveness.
SELECTIVE SERVICE SYSTEM
SALARIES AND EXPENSES
For necessary expenses of the Selective Service Sys-
tem, including expenses of attendance at meetings and of
training for uniformed personnel assigned to the Selective
Service System, as authorized by 5 U.S.C. 4101–4118 for
civilian employees; and not to exceed $1,000 for official
reception and representation expenses, $24,176,000: Pro-
vided, That during the current fiscal year, the President
may exempt this appropriation from the provisions of 31
U.S.C. 1341, whenever he deems such action to be nec-
essary in the interest of national defense: Provided further,
That none of the funds appropriated by this Act may be
expended for or in connection with the induction of any
person into the Armed Forces of the United States.
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TITLE IV—GENERAL PROVISIONS
SEC. 401. Where appropriations in titles I, II, and
III of this Act are expendable for travel expenses and no
specific limitation has been placed thereon, the expendi-
tures for such travel expenses may not exceed the amounts
set forth therefore in the budget estimates submitted for
the appropriations: Provided, That this provision does not
apply to accounts that do not contain an object classifica-
tion for travel: Provided further, That this section shall
not apply to travel performed by uncompensated officials
of local boards and appeal boards of the Selective Service
System; to travel performed directly in connection with
care and treatment of medical beneficiaries of the Depart-
ment of Veterans Affairs; to travel performed in connec-
tion with major disasters or emergencies declared or deter-
mined by the President under the provisions of the Robert
T. Stafford Disaster Relief and Emergency Assistance
Act; to travel performed by the Offices of Inspector Gen-
eral in connection with audits and investigations; or to
payments to interagency motor pools where separately set
forth in the budget schedules: Provided further, That if
appropriations in titles I, II, and III exceed the amounts
set forth in budget estimates initially submitted for such
appropriations, the expenditures for travel may cor-
HR 4194 PP
respondingly exceed the amounts therefore set forth in the
estimates in the same proportion.
SEC. 402. Appropriations and funds available for the
administrative expenses of the Department of Housing
and Urban Development and the Selective Service System
shall be available in the current fiscal year for purchase
of uniforms, or allowances therefor, as authorized by 5
U.S.C. 5901–5902; hire of passenger motor vehicles; and
services as authorized by 5 U.S.C. 3109.
SEC. 403. Funds of the Department of Housing and
Urban Development subject to the Government Corpora-
tion Control Act or section 402 of the Housing Act of
1950 shall be available, without regard to the limitations
on administrative expenses, for legal services on a contract
or fee basis, and for utilizing and making payment for
services and facilities of Federal National Mortgage Asso-
ciation, Government National Mortgage Association, Fed-
eral Home Loan Mortgage Corporation, Federal Financ-
ing Bank, Federal Reserve banks or any member thereof,
Federal Home Loan banks, and any insured bank within
the meaning of the Federal Deposit Insurance Corporation
Act, as amended (12 U.S.C. 1811–1831).
SEC. 404. No part of any appropriation contained in
this Act shall remain available for obligation beyond the
current fiscal year unless expressly so provided herein.
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SEC. 405. No funds appropriated by this Act may be
expended—
(1) pursuant to a certification of an officer or
employee of the United States unless—
(A) such certification is accompanied by,
or is part of, a voucher or abstract which de-
scribes the payee or payees and the items or
services for which such expenditure is being
made; or
(B) the expenditure of funds pursuant to
such certification, and without such a voucher
or abstract, is specifically authorized by law;
and
(2) unless such expenditure is subject to audit
by the General Accounting Office or is specifically
exempt by law from such audit.
SEC. 406. None of the funds provided in this Act to
any department or agency may be expended for the trans-
portation of any officer or employee of such department
or agency between their domicile and their place of em-
ployment, with the exception of any officer or employee
authorized such transportation under 31 U.S.C. 1344 or
5 U.S.C. 7905.
SEC. 407. None of the funds provided in this Act may
be used for payment, through grants or contracts, to re-
HR 4194 PP
cipients that do not share in the cost of conducting re-
search resulting from proposals not specifically solicited
by the Government: Provided, That the extent of cost
sharing by the recipient shall reflect the mutuality of in-
terest of the grantee or contractor and the Government
in the research.
SEC. 408. None of the funds in this Act may be used,
directly or through grants, to pay or to provide reimburse-
ment for payment of the salary of a consultant (whether
retained by the Federal Government or a grantee) at more
than the daily equivalent of the rate paid for level IV of
the Executive Schedule, unless specifically authorized by
law.
SEC. 409. None of the funds provided in this Act
shall be used to pay the expenses of, or otherwise com-
pensate, non-Federal parties intervening in regulatory or
adjudicatory proceedings. Nothing herein affects the au-
thority of the Consumer Product Safety Commission pur-
suant to section 7 of the Consumer Product Safety Act
(15 U.S.C. 2056 et seq.).
SEC. 410. Except as otherwise provided under exist-
ing law, or under an existing Executive Order issued pur-
suant to an existing law, the obligation or expenditure of
any appropriation under this Act for contracts for any
consulting service shall be limited to contracts which are:
HR 4194 PP
(1) a matter of public record and available for public in-
spection; and (2) thereafter included in a publicly available
list of all contracts entered into within twenty-four months
prior to the date on which the list is made available to
the public and of all contracts on which performance has
not been completed by such date. The list required by the
preceding sentence shall be updated quarterly and shall
include a narrative description of the work to be per-
formed under each such contract.
SEC. 411. Except as otherwise provided by law, no
part of any appropriation contained in this Act shall be
obligated or expended by any executive agency, as referred
to in the Office of Federal Procurement Policy Act (41
U.S.C. 401 et seq.), for a contract for services unless such
executive agency: (1) has awarded and entered into such
contract in full compliance with such Act and the regula-
tions promulgated thereunder; and (2) requires any report
prepared pursuant to such contract, including plans, eval-
uations, studies, analyses and manuals, and any report
prepared by the agency which is substantially derived from
or substantially includes any report prepared pursuant to
such contract, to contain information concerning: (A) the
contract pursuant to which the report was prepared; and
(B) the contractor who prepared the report pursuant to
such contract.
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SEC. 412. Except as otherwise provided in section
406, none of the funds provided in this Act to any depart-
ment or agency shall be obligated or expended to provide
a personal cook, chauffeur, or other personal servants to
any officer or employee of such department or agency.
SEC. 413. None of the funds provided in this Act to
any department or agency shall be obligated or expended
to procure passenger automobiles as defined in 15 U.S.C.
2001 with an EPA estimated miles per gallon average of
less than 22 miles per gallon.
SEC. 414. None of the funds appropriated in title I
of this Act shall be used to enter into any new lease of
real property if the estimated annual rental is more than
$300,000 unless the Secretary submits, in writing, a re-
port to the Committees on Appropriations of the Congress
and a period of 30 days has expired following the date
on which the report is received by the Committees on Ap-
propriations.
SEC. 415. (a) It is the sense of the Congress that,
to the greatest extent practicable, all equipment and prod-
ucts purchased with funds made available in this Act
should be American-made.
(b) In providing financial assistance to, or entering
into any contract with, any entity using funds made avail-
able in this Act, the head of each Federal agency, to the
HR 4194 PP
greatest extent practicable, shall provide to such entity a
notice describing the statement made in subsection (a) by
the Congress.
SEC. 416. None of the funds appropriated in this Act
may be used to implement any cap on reimbursements to
grantees for indirect costs, except as published in Office
of Management and Budget Circular A–21.
SEC. 417. Such sums as may be necessary for fiscal
year 1999 pay raises for programs funded by this Act shall
be absorbed within the levels appropriated in this Act.
SEC. 418. None of the funds made available in this
Act may be used for any program, project, or activity,
when it is made known to the Federal entity or official
to which the funds are made available that the program,
project, or activity is not in compliance with any Federal
law relating to risk assessment, the protection of private
property rights, or unfunded mandates.
SEC. 419. Corporations and agencies of the Depart-
ment of Housing and Urban Development which are sub-
ject to the Government Corporation Control Act, as
amended, are hereby authorized to make such expendi-
tures, within the limits of funds and borrowing authority
available to each such corporation or agency and in accord
with law, and to make such contracts and commitments
without regard to fiscal year limitations as provided by
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section 104 of the Act as may be necessary in carrying
out the programs set forth in the budget for 1999 for such
corporation or agency except as hereinafter provided: Pro-
vided, That collections of these corporations and agencies
may be used for new loan or mortgage purchase commit-
ments only to the extent expressly provided for in this Act
(unless such loans are in support of other forms of assist-
ance provided for in this or prior appropriations Acts), ex-
cept that this proviso shall not apply to the mortgage in-
surance or guaranty operations of these corporations, or
where loans or mortgage purchases are necessary to pro-
tect the financial interest of the United States Govern-
ment.
SEC. 420. Notwithstanding section 320(g) of the
Federal Water Pollution Control Act (33 U.S.C. 1330(g)),
funds made available pursuant to authorization under
such section for fiscal year 1999 and prior fiscal years
may be used for implementing comprehensive conservation
and management plans.
SEC. 421. Notwithstanding any other provision of
law, the term ‘‘qualified student loan’’ with respect to na-
tional service education awards shall mean any loan made
directly to a student by the Alaska Commission on Post-
secondary Education, in addition to other meanings under
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section 148(b)(7) of the National and Community Service
Act.
SEC. 422. Notwithstanding any other law, funds
made available by this or any other Act to the Environ-
mental Protection Agency, the National Science Founda-
tion, or the National Aeronautics and Space Administra-
tion for the United States/Mexico Foundation for Science
may be used for the endowment of such Foundation.
SEC. 423. (a) Subparagraph (A) of section 203(b)(2)
of the National Housing Act (12 U.S.C. 1709(b)(2)(A))
is amended by striking clause (ii) and all that follows
through the end of the subparagraph and inserting the
following:
‘‘(ii) 87 percent of the dollar amount
limitation
determined
under
section
305(a)(2)
of
the
Federal
Home
Loan
Mortgage Corporation Act for a residence
of the applicable size; except that the dol-
lar amount limitation in effect for any area
under this subparagraph may not be less
than 48 percent of the dollar limitation de-
termined under section 305(a)(2) of the
Federal Home Loan Mortgage Corporation
Act for a residence of the applicable size;
and’’,
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and, in addition to the amounts appropriated in other
parts of this Act, $10,000,000 is appropriated to the De-
partment of Veterans Affairs, ‘‘Medical and prosthetic re-
search’’, and $70,000,000 is appropriated to the National
Science Foundation, ‘‘Research and related activities’’.
(b) The first sentence in the matter following section
203(b)(2)(B)(iii) of the National Housing Act (12 U.S.C.
1709(b)(2)(B)(iii) is amended to read as follows: ‘‘For
purposes of the preceding sentence, the term ‘area’ means
a metropolitan statistical area as established by the Office
of Management and Budget; and the median 1-family
house price for an area shall be equal to the median 1-
family house price of the county within the area that has
the highest such median price.’’.
SEC. 424. (a) The Consumer Product Safety Com-
mission shall contract with the National Institute on Envi-
ronmental Health Sciences (NIEHS) to conduct a thor-
ough study of the toxicity of all the flame retardant chemi-
cals identified by the Commission as likely candidates for
addition to residential upholstered furniture for the pur-
pose of meeting regulations proposed by the Commission
for flame-resistance of residential upholstered furniture.
Where NIEHS has existing adequate information regard-
ing the chemicals identified by the Commission, such in-
HR 4194 PP
formation can be transmitted to the Commission in lieu
of an additional study on those chemicals.
(b) The Commission shall establish a Chronic Hazard
Advisory Panel, according to the provisions of section 28
of the Consumer Product Safety Act (15 U.S.C. 2077),
convened for the purpose of advising the Commission on
the potential health effects and hazards, including carcino-
genicity, neurotoxicity, mutagenicity, and other chronic
and acute effects on consumers exposed to fabrics in-
tended to be used in residential upholstered furniture
which would be chemically treated to meet the Commis-
sion’s proposed flame-resistant standards. In lieu of the
requirements of section 31(b)(2)(B) of such Act (15
U.S.C. 2080(b)(2)(B)), the Panel may meet for up to 1
year.
(c) The Chronic Hazard Advisory Panel convened by
the Commission under subsection (b) for purposes of ad-
vising the Commission concerning the chronic hazards of
flame-retardant chemicals in residential upholstered fur-
niture shall complete its work and furnish its report to
the Commission not later than one year after the date of
the establishment of the Panel, except that if the Panel
finds that it is unable to complete its work adequately
within the one year after its establishment, it shall—
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(1) advise the Commission that it will be unable
to complete its work within one year;
(2) furnish the Commission with an interim re-
port at the expiration of such year discussing its
findings to date; and
(3) provide the Commission with an estimated
date on which it will complete its work and submit
a final report to the Commission.
(d) The Commission shall furnish the interim report,
and the estimated date on which the Panel will complete
its final report, to the House Committee on Commerce,
the Senate Committee on Commerce, Science and Trans-
portation, the House Committee on Appropriations and
Senate Committee on Appropriations. The Commission
shall furnish the final report to the House Committee on
Commerce, the Senate Committee on Commerce, Science
and Transportation, the House Committee on Appropria-
tions and Senate Committee on Appropriations.
(e) No additional funds shall be expended by the
Commission on developing flammability standards for resi-
dential upholstered furniture until 3 months after the
Commission has furnished either the interim report or the
final report of the Panel to the House Committee on Com-
merce, the Senate Committee on Commerce, Science and
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Transportation, the House Committee on Appropriations
and Senate Committee on Appropriations.
(f) The Commission, before promulgating any final
rule setting flammability standards for residential uphol-
stered furniture shall report to the House Committee on
Commerce, the Senate Committee on Commerce, Science
and Transportation, the House Committee on Appropria-
tions and Senate Committee on Appropriations on the re-
port of the Panel, and the anticipated costs of the flam-
mability standards regulation, including costs resulting
from—
(1) public exposure to flame-retardant chemi-
cals in residential upholstered furniture;
(2) exposure of workers to flame-retardant
chemicals in the manufacture, distribution and sale
of textiles and residential upholstered furniture;
(3) the generating, tracking, and disposing of
flame-retardant
chemicals
and
hazardous
wastes
generated
from the
handling of
flame-retardant
chemicals used on textiles and residential uphol-
stered furniture; and
(4) limited availability in particular geographic
regions of competing flame-resistant chemicals ap-
proved for use for residential upholstered furniture.
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(g) In addition to amounts appropriated elsewhere in
this Act, there is appropriated to the Consumer Product
Safety Commission $5,000,000 to carry out this section.
SEC. 425. The amount otherwise provided by this Act
for ‘‘Department of Veterans Affairs, Veterans Health Ad-
ministration, Medical care’’ equipment, land, and struc-
tures
object
classification,
is
hereby
reduced
by
$69,000,000.
SEC. 426. None of the funds made available under
this heading may be used to develop and enforce the
standard for the flammability of children’s sleepware sizes
0 through 6X (contained in regulations published at 16
CFR part 1615) and sizes 7 through 14 (contained in reg-
ulations published at 16 CFR part 1616) as the standard
was amended effective January 1, 1997.
SEC. 427. The amounts otherwise provided by this
Act are revised by reducing the amount made available
under the heading ‘‘DEPARTMENT OF HOUSING
AND URBAN DEVELOPMENT—FEDERAL HOUSING
ADMINISTRATION—FHA—MUTUAL
MORTGAGE
INSUR-
ANCE PROGRAM ACCOUNT’’ for non-overhead administra-
tive expenses necessary to carry out the Mutual Mortgage
Insurance guarantee and direct loan program, and in-
creasing the amount made available for ‘‘DEPARTMENT
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OF VETERANS AFFAIRS—VETERANS HEALTH AD-
MINISTRATION—MEDICAL CARE’’, by $199,999,999.
SEC. 428. The amounts otherwise provided by this
Act are revised by reducing the amount made available
under the heading ‘‘DEPARTMENT OF HOUSING
AND URBAN DEVELOPMENT—FEDERAL HOUSING
ADMINISTRATION—FHA—GENERAL
AND
SPECIAL
RISK
PROGRAM ACCOUNT’’ for non-overhead administrative ex-
penses necessary to carry out the guaranteed and direct
loan programs, and increasing the amount made available
for ‘‘DEPARTMENT OF VETERANS AFFAIRS—VET-
ERANS HEALTH ADMINISTRATION—MEDICAL CARE’’, by
$103,999,999.
SEC. 429. None of the funds made available in this
Act (including amounts made available for salaries and ex-
penses) may be used by the Director of the Federal Emer-
gency Management Agency to take any action—
(1) to permit Kaiser Permanente to transfer
any of the funds made available to the Kaiser
Permanente hospital in Panorama City, California,
under the Seismic Hazard Mitigation Program for
Hospitals (including funds made available before Oc-
tober 1, 1998) to any other facility; or
(2) to permit Kaiser Permanente to use any of
the funds described in paragraph (1) to relocate the
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hospital to a site that is located more than 3 miles
from the current site of the hospital.
If, before October 1, 1998, the Director takes an action
described in paragraph (1) or (2), the Director shall re-
scind the action.
SEC. 430. None of the funds made available in this
Act may be used for researching methods to reduce meth-
ane emissions from cows, sheep, or any other ruminant
livestock.
SEC. 431. None of the funds made available in this
Act may be used to carry out Executive Order No. 13083.
SEC. 432. The amounts otherwise provided by this
Act are revised by reducing the amount made available
for ‘‘DEPARTMENT OF HOUSING AND URBAN DE-
VELOPMENT—COMMUNITY PLANNING AND DEVELOP-
MENT—HOUSING
OPPORTUNITIES
FOR
PERSONS
WITH
AIDS’’, and increasing the amount made available for
‘‘DEPARTMENT
OF
VETERANS
AFFAIRS—DE-
PARTMENTAL
ADMINISTRATION—GRANTS
FOR
CON-
STRUCTION OF STATE EXTENDED CARE FACILITIES’’, by
$21,000,000.
SEC. 433. None of the funds appropriated by this Act
may be used to implement section 12B.2(b) of the Admin-
istrative Code of San Francisco, California.
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Titles I, II, III, and IV of this Act may be cited as
the ‘‘Departments of Veterans Affairs and Housing and
Urban Development, and Independent Agencies Appro-
priations Act, 1999’’.
DIVISION
B—HOUSING
OPPOR-
TUNITY AND RESPONSIBILITY
SEC. 1001. SHORT TITLE AND TABLE OF CONTENTS.
(a) SHORT TITLE.—This division may be cited as the
‘‘Housing Opportunity and Responsibility Act of 1998’’.
(b) TABLE OF CONTENTS.—The table of contents for
this division is as follows:
DIVISION B—HOUSING OPPORTUNITY AND RESPONSIBILITY
Sec. 1001. Short title and table of contents.
Sec. 1002. Permanent applicability.
Sec. 1003. Declaration of policy to renew American neighborhoods.
TITLE XI—GENERAL PROVISIONS
Sec. 1101. Statement of purpose.
Sec. 1102. Definitions.
Sec. 1103. Organization of public housing agencies.
Sec. 1104. Determination of adjusted income and median income.
Sec. 1105. Community work and family self-sufficiency requirements.
Sec. 1106. Local housing management plans.
Sec. 1107. Review of plans.
Sec. 1108. Reporting requirements.
Sec. 1109. Pet ownership.
Sec. 1110. Administrative grievance procedure.
Sec. 1111. Headquarters reserve fund.
Sec. 1112. Labor standards.
Sec. 1113. Nondiscrimination.
Sec. 1114. Prohibition on use of funds.
Sec. 1115. Inapplicability to Indian housing.
Sec. 1116. Regulations.
TITLE XII—PUBLIC HOUSING
Subtitle A—Block Grants
Sec. 1201. Block grant contracts.
Sec. 1202. Grant authority, amount, and eligibility.
Sec. 1203. Eligible and required activities.
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Sec. 1204. Determination of grant allocation.
Sec. 1205. Sanctions for improper use of amounts.
Subtitle B—Admissions and Occupancy Requirements
Sec. 1221. Low-income housing requirement.
Sec. 1222. Family eligibility.
Sec. 1223. Preferences for occupancy.
Sec. 1224. Admission procedures.
Sec. 1225. Family choice of rental payment.
Sec. 1226. Lease requirements.
Sec. 1227. Designated housing for elderly and disabled families.
Subtitle C—Management
Sec. 1231. Management procedures.
Sec. 1232. Housing quality requirements.
Sec. 1233. Employment of residents.
Sec. 1234. Resident councils and resident management corporations.
Sec. 1235. Management by resident management corporation.
Sec. 1236. Transfer of management of certain housing to independent manager
at request of residents.
Sec. 1237. Resident opportunity program.
Subtitle D—Homeownership
Sec. 1251. Resident homeownership programs.
Subtitle E—Disposition, Demolition, and Revitalization of Developments
Sec. 1261. Requirements for demolition and disposition of developments.
Sec. 1262. Demolition, site revitalization, replacement housing, and choice-
based assistance grants for developments.
Sec. 1263. Voluntary voucher system for public housing.
Subtitle F—Mixed-Finance Public Housing
Sec. 1271. Authority.
Sec. 1272. Mixed-finance housing developments.
Sec. 1273. Mixed-finance housing plan.
Sec. 1274. Rent levels for housing financed with low-income housing tax credit.
Sec. 1275. Carry-over of assistance for replaced housing.
Subtitle G—General Provisions
Sec. 1281. Payment of non-Federal share.
Sec. 1282. Authorization of appropriations for block grants.
Sec. 1283. Funding for operation safe home.
Sec. 1284. Funding for relocation of victims of domestic violence.
TITLE XIII—CHOICE-BASED RENTAL HOUSING AND
HOMEOWNERSHIP ASSISTANCE FOR LOW-INCOME FAMILIES
Subtitle A—Allocation
Sec. 1301. Authority to provide housing assistance amounts.
Sec. 1302. Contracts with PHA’s.
Sec. 1303. Eligibility of PHA’s for assistance amounts.
Sec. 1304. Allocation of amounts.
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Sec. 1305. Administrative fees.
Sec. 1306. Authorizations of appropriations.
Sec. 1307. Conversion of section 8 assistance.
Sec. 1308. Recapture and reuse of annual contract project reserves under
choice-based housing assistance and section 8 tenant-based as-
sistance programs.
Subtitle B—Choice-Based Housing Assistance for Eligible Families
Sec. 1321. Eligible families and preferences for assistance.
Sec. 1322. Resident contribution.
Sec. 1323. Rental indicators.
Sec. 1324. Lease terms.
Sec. 1325. Termination of tenancy.
Sec. 1326. Eligible owners.
Sec. 1327. Selection of dwelling units.
Sec. 1328. Eligible dwelling units.
Sec. 1329. Homeownership option.
Sec. 1330. Assistance for rental of manufactured homes.
Subtitle C—Payment of Housing Assistance on Behalf of Assisted Families
Sec. 1351. Housing assistance payments contracts.
Sec. 1352. Amount of monthly assistance payment.
Sec. 1353. Payment standards.
Sec. 1354. Reasonable rents.
Sec. 1355. Prohibition of assistance for vacant rental units.
Subtitle D—General and Miscellaneous Provisions
Sec. 1371. Definitions.
Sec. 1372. Rental assistance fraud recoveries.
Sec. 1373. Study regarding geographic concentration of assisted families.
Sec. 1374. Study regarding rental assistance.
TITLE XIV—HOME RULE FLEXIBLE GRANT OPTION
Sec. 1401. Purpose.
Sec. 1402. Flexible grant program.
Sec. 1403. Covered housing assistance.
Sec. 1404. Program requirements.
Sec. 1405. Applicability of certain provisions.
Sec. 1406. Application.
Sec. 1407. Training.
Sec. 1408. Accountability.
Sec. 1409. Definitions.
TITLE XV—ACCOUNTABILITY AND OVERSIGHT OF PUBLIC
HOUSING AGENCIES
Subtitle A—Study of Alternative Methods for Evaluating Public Housing
Agencies
Sec. 1501. In general.
Sec. 1502. Purposes.
Sec. 1503. Evaluation of various performance evaluation systems.
Sec. 1504. Consultation.
Sec. 1505. Contract to conduct study.
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Sec. 1506. Report.
Sec. 1507. Funding.
Sec. 1508. Effective date.
Subtitle B—Housing Evaluation and Accreditation Board
Sec. 1521. Establishment.
Sec. 1522. Membership.
Sec. 1523. Functions.
Sec. 1524. Powers.
Sec. 1525. Fees.
Sec. 1526. GAO audit.
Subtitle C—Interim Applicability of Public Housing Management Assessment
Program
Sec. 1531. Interim applicability.
Sec. 1532. Management assessment indicators.
Sec. 1533. Designation of PHA’s.
Sec. 1534. On-site inspection of troubled PHA’s.
Sec. 1535. Administration.
Subtitle D—Accountability and Oversight Standards and Procedures
Sec. 1541. Audits.
Sec. 1542. Performance agreements for authorities at risk of becoming trou-
bled.
Sec. 1543. Performance agreements and CDBG sanctions for troubled PHA’s.
Sec. 1544. Option to demand conveyance of title to or possession of public
housing.
Sec. 1545. Removal of ineffective PHA’s.
Sec. 1546. Mandatory takeover of chronically troubled PHA’s.
Sec. 1547. Treatment of troubled PHA’s.
Sec. 1548. Maintenance of records.
Sec. 1549. Annual reports regarding troubled PHA’s.
Sec. 1550. Applicability to resident management corporations.
Sec. 1551. Advisory council for Housing Authority of New Orleans.
TITLE XVI—REPEALS AND RELATED AMENDMENTS
Subtitle A—Repeals, Effective Date, and Savings Provisions
Sec. 1601. Effective date and repeal of United States Housing Act of 1937.
Sec. 1602. Other repeals.
Subtitle B—Other Provisions Relating to Public Housing and Rental
Assistance Programs
Sec. 1621. Allocation of elderly housing amounts.
Sec. 1622. Pet ownership.
Sec. 1623. Review of drug elimination program contracts.
Sec. 1624. Amendments to Public and Assisted Housing Drug Elimination Act
of 1990.
Subtitle C—Limitations Relating to Occupancy in Federally Assisted Housing
Sec. 1641. Screening of applicants.
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Sec. 1642. Termination of tenancy and assistance for illegal drug users and al-
cohol abusers.
Sec. 1643. Lease requirements.
Sec. 1644. Availability of criminal records for tenant screening and eviction.
Sec. 1645. Definitions.
TITLE XVII—AFFORDABLE HOUSING AND MISCELLANEOUS
PROVISIONS
Sec. 1701. Rural housing assistance.
Sec. 1702. Treatment of occupancy standards.
Sec. 1703. Implementation of plan.
Sec. 1704. Income eligibility for HOME and CDBG programs.
Sec. 1705. Prohibition of use of CDBG grants for employment relocation activi-
ties.
Sec. 1706. Regional cooperation under CDBG economic development initiative.
Sec. 1707. Use of American products.
Sec. 1708. Consultation with affected areas in settlement of litigation.
Sec. 1709. Treatment of PHA repayment agreement.
Sec. 1710. Use of assisted housing by aliens.
Sec. 1711. Protection of senior homeowners under reverse mortgage program.
Sec. 1712. Conversion of section 8 tenant-based assistance to project-based as-
sistance in the Borough of Tamaqua.
Sec. 1713. Housing counseling.
Sec. 1714. Transfer of surplus real property for providing housing for low- and
moderate-income families.
Sec. 1715. Effective date.
SEC. 1002. PERMANENT APPLICABILITY.
Upon effectiveness pursuant to section 1601(a), the
provisions of this division and the amendments made by
this division shall apply thereafter, except to the extent
otherwise specifically provided in this division or the
amendments made by this division.
SEC. 1003. DECLARATION OF POLICY TO RENEW AMERICAN
NEIGHBORHOODS.
The Congress hereby declares that—
(1) the Federal Government has a responsibility
to promote the general welfare of the Nation—
(A) by using Federal resources to aid fami-
lies and individuals seeking affordable homes
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that are safe, clean, and healthy and, in par-
ticular, assisting responsible, deserving citizens
who cannot provide fully for themselves because
of temporary circumstances or factors beyond
their control;
(B) by working to ensure a thriving na-
tional economy and a strong private housing
market; and
(C) by developing effective partnerships
among the Federal Government, State and local
governments, and private entities that allow
government to accept responsibility for foster-
ing the development of a healthy marketplace
and allow families to prosper without govern-
ment involvement in their day-to-day activities;
(2) the Federal Government cannot through its
direct action alone provide for the housing of every
American citizen, or even a majority of its citizens,
but it is the responsibility of the Government to pro-
mote and protect the independent and collective ac-
tions of private citizens to develop housing and
strengthen their own neighborhoods;
(3) the Federal Government should act where
there is a serious need that private citizens or
groups cannot or are not addressing responsibly;
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(4) housing is a fundamental and necessary
component of bringing true opportunity to people
and communities in need, but providing physical
structures to house low-income families will not by
itself pull generations up from poverty;
(5) it is a goal of our Nation that all citizens
have decent and affordable housing; and
(6) our Nation should promote the goal of pro-
viding decent and affordable housing for all citizens
through the efforts and encouragement of Federal,
State, and local governments, and by the independ-
ent and collective actions of private citizens, organi-
zations, and the private sector.
TITLE XI—GENERAL
PROVISIONS
SEC. 1101. STATEMENT OF PURPOSE.
The purpose of this division is to promote safe, clean,
and healthy housing that is affordable to low-income fami-
lies, and thereby contribute to the supply of affordable
housing, by—
(1) deregulating and decontrolling public hous-
ing agencies, thereby enabling them to perform as
property and asset managers;
(2) providing for more flexible use of Federal
assistance to public housing agencies, allowing the
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authorities
to
leverage
and
combine
assistance
amounts with amounts obtained from other sources;
(3) facilitating mixed income communities;
(4) increasing accountability and rewarding ef-
fective management of public housing agencies;
(5) creating incentives and economic opportuni-
ties for residents of dwelling units assisted by public
housing agencies to work, become self-sufficient, and
transition out of public housing and federally as-
sisted dwelling units;
(6) recreating the existing rental assistance
voucher program so that the use of vouchers and re-
lationships between landlords and tenants under the
program operate in a manner that more closely re-
sembles the private housing market; and
(7) remedying troubled public housing agencies
and replacing or revitalizing severely distressed pub-
lic housing developments.
SEC. 1102. DEFINITIONS.
For purposes of this division, the following definitions
shall apply:
(1) ACQUISITION
COST.—When used in ref-
erence to public housing, the term ‘‘acquisition cost’’
means the amount prudently expended by a public
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housing agency in acquiring property for a public
housing development.
(2) DEVELOPMENT.—The terms ‘‘public hous-
ing development’’ and ‘‘development’’ (when used in
reference to public housing) mean—
(A) public housing; and
(B) the improvement of any such housing.
(3) DISABLED
FAMILY.—The term ‘‘disabled
family’’ means a family whose head (or his or her
spouse), or whose sole member, is a person with dis-
abilities. Such term includes 2 or more persons with
disabilities living together, and 1 or more such per-
sons living with 1 or more persons determined under
the regulations of the Secretary to be essential to
their care or well-being.
(4) DRUG-RELATED CRIMINAL ACTIVITY.—The
term ‘‘drug-related criminal activity’’ means the ille-
gal manufacture, sale, distribution, use, or posses-
sion with intent to manufacture, sell, distribute, or
use, of a controlled substance (as such term is de-
fined in section 102 of the Controlled Substances
Act).
(5) EFFECTIVE
DATE.—The term ‘‘effective
date’’, when used in reference to this division, means
the effective date determined under section 1601(a).
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such terms in section 811(k) of the Cranston-Gon-
zalez National Affordable Housing Act.
(11) INCOME.—The term ‘‘income’’ means, with
respect to a family, income from all sources of each
member of the household, as determined in accord-
ance with criteria prescribed by the applicable public
housing agency and the Secretary, except that the
following amounts shall be excluded:
(A) Any amounts not actually received by
the family.
(B) Any amounts that would be eligible for
exclusion under section 1613(a)(7) of the Social
Security Act.
(12) LOCAL
HOUSING
MANAGEMENT
PLAN.—
The term ‘‘local housing management plan’’ means,
with respect to any fiscal year, the plan under sec-
tion 1106 of a public housing agency for such fiscal
year.
(13) LOW-INCOME FAMILY.—The term ‘‘low-in-
come family’’ means a family whose income does not
exceed 80 percent of the median income for the
area, as determined by the Secretary with adjust-
ments for smaller and larger families, except that
the Secretary may, for purposes of this paragraph,
establish income ceilings higher or lower than 80
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percent of the median for the area on the basis of
the public housing agency’s findings that such vari-
ations are necessary because of unusually high or
low family incomes.
(14) LOW-INCOME HOUSING.—The term ‘‘low-
income housing’’ means dwellings that comply with
the requirements—
(A) under title XII for assistance under
such title for the dwellings; or
(B) under title XIII for rental assistance
payments under such title for the dwellings.
(15)
NEAR-ELDERLY
PERSON.—The
term
‘‘near-elderly person’’ means a person who is at least
55 years of age.
(16) OPERATION.—When used in reference to
public housing, the term ‘‘operation’’ means any or
all undertakings appropriate for management, oper-
ation, services, maintenance, security (including the
cost of security personnel), or financing in connec-
tion with a public housing development, including
the financing of resident programs and services.
(17) PERSON WITH DISABILITIES.—The term
‘‘person with disabilities’’ means a person who—
(A) has a disability as defined in section
223 of the Social Security Act;
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(B) is determined, pursuant to regulations
issued by the Secretary, to have a physical,
mental, or emotional impairment which (i) is
expected to be of long-continued and indefinite
duration, (ii) substantially impedes his or her
ability to live independently, and (iii) is of such
a nature that such ability could be improved by
more suitable housing conditions; or
(C) has a developmental disability as de-
fined in section 102 of the Developmental Dis-
abilities Assistance and Bill of Rights Act.
Such term shall not exclude persons who have the
disease of acquired immunodeficiency syndrome or
any conditions arising from the etiologic agent for
acquired immunodeficiency syndrome. Notwithstand-
ing any other provision of law, no individual shall be
considered a person with disabilities, for purposes of
eligibility for public housing under title XII of this
Act, solely on the basis of any drug or alcohol de-
pendence. The Secretary shall consult with other ap-
propriate Federal agencies to implement the preced-
ing sentence.
(18) PRODUCTION.—When used in reference to
public housing, the term ‘‘production’’ means any or
all undertakings necessary for planning, land acqui-
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sition, financing, demolition, construction, or equip-
ment, in connection with the construction, acquisi-
tion, or rehabilitation of a property for use as a pub-
lic housing development, including activity in connec-
tion with a public housing development that is con-
fined to the reconstruction, remodeling, or repair of
existing buildings.
(19) PRODUCTION COST.—When used in ref-
erence to public housing, the term ‘‘production cost’’
means the costs incurred by a public housing agency
for production of public housing and the necessary
financing for production (including the payment of
carrying charges and acquisition costs).
(20)
PUBLIC
HOUSING.—The
term
‘‘public
housing’’ means housing, and all necessary appur-
tenances thereto, that—
(A)
is
low-income
housing,
low-income
dwelling units in mixed-finance housing (as pro-
vided in subtitle F of title XII), or low-income
dwelling units in mixed income housing (as pro-
vided in section 1221(c)(2)); and
(B)(i) is subject to an annual block grant
contract under title XII; or
(ii) was subject to an annual block grant
contract under title XII (or an annual contribu-
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tions contract under the United States Housing
Act of 1937) which is not in effect, but for
which occupancy is limited in accordance with
the requirements under section 1222(a).
(21)
PUBLIC
HOUSING
AGENCY.—The
term
‘‘public housing agency’’ is defined in section 1103.
(22) RESIDENT COUNCIL.—The term ‘‘resident
council’’ means an organization or association that
meets the requirements of section 1234(a).
(23) RESIDENT MANAGEMENT CORPORATION.—
The term ‘‘resident management corporation’’ means
a corporation that meets the requirements of section
1234(b)(2).
(24) RESIDENT PROGRAM.—The term ‘‘resident
programs and services’’ means programs and serv-
ices for families residing in public housing develop-
ments. Such term may include: (A) the development
and maintenance of resident organizations which
participate in the management of public housing de-
velopments; (B) the training of residents to manage
and operate the public housing development and the
utilization of their services in management and oper-
ation of the development; (C) counseling on house-
hold management, housekeeping, budgeting, money
management, homeownership issues, child care, and
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similar matters; (D) advice regarding resources for
job
training
and
placement,
education,
welfare,
health, and other community services; (E) services
that are directly related to meeting resident needs
and providing a wholesome living environment; and
(F) referral to appropriate agencies in the commu-
nity when necessary for the provision of such serv-
ices. To the maximum extent available and appro-
priate, existing public and private agencies in the
community shall be used for the provision of such
services.
(25)
SECRETARY.—The
term
‘‘Secretary’’
means the Secretary of Housing and Urban Develop-
ment.
(26) STATE.—The term ‘‘State’’ means the
States of the United States, the District of Colum-
bia, the Commonwealth of Puerto Rico, the Com-
monwealth of the Northern Mariana Islands, Guam,
the Virgin Islands, American Samoa, and any other
territory or possession of the United States and In-
dian tribes.
(27) VERY
LOW-INCOME
FAMILY.—The term
‘‘very low-income family’’ means a low-income family
whose income does not exceed 50 percent of the me-
dian family income for the area, as determined by
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the Secretary with adjustments for smaller and larg-
er families, except that the Secretary may, for pur-
poses of this paragraph, establish income ceilings
higher or lower than 50 percent of the median for
the area on the basis of the public housing agency’s
findings that such variations are necessary because
of unusually high or low family incomes.
SEC. 1103. ORGANIZATION OF PUBLIC HOUSING AGENCIES.
(a) REQUIREMENTS.—For purposes of this division,
the terms ‘‘public housing agency’’ and ‘‘agency’’ mean
any entity that—
(1) is—
(A) a public housing agency that was au-
thorized under the United States Housing Act
of 1937 to engage in or assist in the develop-
ment or operation of low-income housing;
(B) authorized under this division to en-
gage in or assist in the development or oper-
ation of low-income housing by any State, coun-
ty, municipality, or other governmental body or
public entity;
(C) an entity authorized by State law to
administer
choice-based
housing
assistance
under title XIII; or
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(D) an entity selected by the Secretary,
pursuant to subtitle D of title XV, to manage
housing; and
(2) complies with the requirements under sub-
section (b).
The term does not include any entity that is an Indian
housing authority for purposes of the United States Hous-
ing Act of 1937 (as in effect before the effectiveness of
the Native American Housing Assistance and Self-Deter-
mination Act of 1996) or a tribally designated housing en-
tity, as such term is defined in section 4 of the Native
American Housing Assistance and Self-Determination Act
of 1996.
(b) GOVERNANCE.—
(1) BOARD OF DIRECTORS.—Each public hous-
ing agency shall have a board of directors or other
form of governance as prescribed in State or local
law. No person may be barred from serving on such
board or body because of such person’s residency in
a public housing development or status as an as-
sisted family under title XIII.
(2) RESIDENT MEMBERSHIP.—
(A) IN GENERAL.—Except as provided in
subparagraph (B), in localities in which a pub-
lic housing agency is governed by a board of di-
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rectors or other similar body, the board or body
shall include not less than one member who is
an elected public housing resident member (as
such term is defined in paragraph (5)).
(B)
EXCEPTIONS.—The
requirement
in
subparagraph (A) with respect to elected public
housing resident members shall not apply to—
(i) any State or local governing body
that serves as a public housing agency for
purposes of this division and whose respon-
sibilities include substantial activities other
than acting as the public housing agency,
except that such requirement shall apply to
any advisory committee or organization
that is established by such governing body
and whose responsibilities relate only to
the governing body’s functions as a public
housing agency for purposes of this divi-
sion;
(ii) any public housing agency that
owns or operates less than 250 public
housing
dwelling
units
(including
any
agency that does not own or operate public
housing); or
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(iii) any public housing agency in a
State that requires the members of the
board of directors or other similar body of
a public housing agency to be salaried and
to serve on a full-time basis.
(3) FULL PARTICIPATION.—No public housing
agency may limit or restrict the capacity or offices
in which a member of such board or body may serve
on such board or body solely because of the mem-
ber’s status as a resident member.
(4) CONFLICTS OF INTEREST.—The Secretary
shall establish guidelines to prevent conflicts of in-
terest on the part of members of the board or direc-
tors or governing body of a public housing agency.
(5) DEFINITIONS.—For purposes of this sub-
section, the following definitions shall apply:
(A) ELECTED PUBLIC HOUSING RESIDENT
MEMBER.—The term ‘‘elected public housing
resident member’’ means, with respect to the
public housing agency involved, an individual
who is a resident member of the board of direc-
tors (or other similar governing body of the
agency) by reason of election to such position
pursuant to an election—
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(i) in which eligibility for candidacy in
such
election
is
limited
to
individuals
who—
(I) maintain their principal resi-
dence in a dwelling unit of public
housing administered or assisted by
the agency; and
(II) have not been convicted of a
felony;
(ii) in which only residents of dwelling
units of public housing administered by the
agency may vote; and
(iii) that is conducted in accordance
with standards and procedures for such
election, which shall be established by the
Secretary.
(B) RESIDENT MEMBER.—The term ‘‘resi-
dent member’’ means a member of the board of
directors or other similar governing body of a
public housing agency who is a resident of a
public housing dwelling unit owned, adminis-
tered, or assisted by the agency or is a member
of an assisted family (as such term is defined
in section 1371) assisted by the agency.
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(c) ESTABLISHMENT OF POLICIES.—Any rules, regu-
lations, policies, standards, and procedures necessary to
implement policies required under section 1106 to be in-
cluded in the local housing management plan for a public
housing agency shall be approved by the board of directors
or similar governing body of the agency and shall be pub-
licly available for review upon request.
SEC. 1104. DETERMINATION OF ADJUSTED INCOME AND
MEDIAN INCOME.
(a) ADJUSTED INCOME.—For purposes of this divi-
sion, the term ‘‘adjusted income’’ means, with respect to
a family, the difference between the income of the mem-
bers of the family residing in a dwelling unit or the per-
sons on a lease and the amount of any income exclusions
for the family under subsections (b) and (c), as deter-
mined by the public housing agency.
(b) MANDATORY EXCLUSIONS FROM INCOME.—In
determining adjusted income, a public housing agency
shall exclude from the annual income of a family the fol-
lowing amounts:
(1) ELDERLY AND DISABLED FAMILIES.—$400
for any elderly or disabled family.
(2)
MEDICAL
EXPENSES.—The
amount
by
which 3 percent of the annual family income is ex-
ceeded by the sum of—
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(A) unreimbursed medical expenses of any
elderly family;
(B) unreimbursed medical expenses of any
nonelderly family, except that this subpara-
graph shall apply only to the extent approved in
appropriation Acts; and
(C)
unreimbursed
reasonable
attendant
care and auxiliary apparatus expenses for each
handicapped member of the family, to the ex-
tent necessary to enable any member of such
family (including such handicapped member) to
be employed.
(3) CHILD CARE EXPENSES.—Any reasonable
child care expenses necessary to enable a member of
the family to be employed or to further his or her
education.
(4) MINORS, STUDENTS, AND PERSONS WITH
DISABILITIES.—$480 for each member of the family
residing in the household (other than the head of the
household or his or her spouse) who is less than 18
years of age or is attending school or vocational
training on a full-time basis, or who is 18 years of
age or older and is a person with disabilities.
(5) CHILD SUPPORT PAYMENTS.—Any payment
made by a member of the family for the support and
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maintenance of any child who does not reside in the
household, except that the amount excluded under
this paragraph may not exceed $480 for each child
for whom such payment is made.
(6) EARNED INCOME OF MINORS.—The amount
of any earned income of a member of the family who
is not—
(A) 18 years of age or older; and
(B) the head of the household (or the
spouse of the head of the household).
(c) PERMISSIVE EXCLUSIONS FROM INCOME.—In de-
termining adjusted income, a public housing agency may,
in the discretion of the agency, establish exclusions from
the annual income of a family. Such exclusions may in-
clude the following amounts:
(1) EXCESSIVE TRAVEL EXPENSES.—Excessive
travel expenses in an amount not to exceed $25 per
family per week, for employment- or education-relat-
ed travel.
(2)
EARNED
INCOME.—An
amount
of
any
earned income of the family, established at the dis-
cretion of the public housing agency, which may be
based on—
(A) all earned income of the family,
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(B) the amount earned by particular mem-
bers of the family;
(C) the amount earned by families having
certain characteristics; or
(D) the amount earned by families or
members during certain periods or from certain
sources.
(3) OTHERS.—Such other amounts for other
purposes, as the public housing agency may estab-
lish.
(d) MEDIAN INCOME.—In determining median in-
comes (of persons, families, or households) for an area or
establishing any ceilings or limits based on income under
this division, the Secretary shall determine or establish
area median incomes and income ceilings and limits for
Westchester and Rockland Counties, in the State of New
York, as if each such county were an area not contained
within the metropolitan statistical area in which it is lo-
cated. In determining such area median incomes or estab-
lishing such income ceilings or limits for the portion of
such metropolitan statistical area that does not include
Westchester or Rockland Counties, the Secretary shall de-
termine or establish area median incomes and income ceil-
ings and limits as if such portion included Westchester
and Rockland Counties.
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(e) AVAILABILITY OF INCOME MATCHING INFORMA-
TION.—
(1) DISCLOSURE
TO
PHA.—A public housing
agency shall require any family described in para-
graph (2) who receives information regarding in-
come, earnings, wages, or unemployment compensa-
tion from the Department of Housing and Urban
Development pursuant to income verification proce-
dures of the Department to disclose such informa-
tion, upon receipt of the information, to the public
housing agency that owns or operates the public
housing dwelling unit in which such family resides or
that provides the housing assistance on behalf of
such family, as applicable.
(2) APPLICABILITY
TO
FAMILIES
RECEIVING
PUBLIC HOUSING OR CHOICE-BASED HOUSING AS-
SISTANCE.—A family described in this paragraph is
a family that resides in a dwelling unit—
(A) that is a public housing dwelling unit;
or
(B) for which housing assistance is pro-
vided under title XIII (or under the program
for tenant-based assistance under section 8 of
the United States Housing Act of 1937 (as in
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effect before the effective date of the repeal
under section 1601(b) of this Act)).
(3) PROTECTION OF APPLICANTS AND PARTICI-
PANTS.—Section 904 of the Stewart B. McKinney
Homeless Assistance Amendments Act of 1988 (42
U.S.C. 3544) is amended—
(A) in subsection (b)—
(i)
in
paragraph
(2),
by
striking
‘‘and’’ at the end;
(iii) in paragraph (3), by striking the
period at the end and inserting ‘‘; and’’;
and
(ii) by adding at the end the following
new paragraph:
‘‘(4) only in the case of an applicant or partici-
pant that is a member of a family described in sec-
tion 1104(e)(2) of the Housing Opportunity and Re-
sponsibility Act of 1998, sign an agreement under
which the applicant or participant agrees to provide
to the appropriate public housing agency the infor-
mation required under such section 1104(e)(1) of
the Housing Opportunity and Responsibility Act of
1998 for the sole purpose of the public housing
agency verifying income information pertinent to the
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applicant’s or participant’s eligibility or level of ben-
efits, and comply with such agreement.’’; and
(B) in subsection (c)—
(i) in paragraph (2)(A), in the matter
preceding clause (I)—
(I) by inserting before ‘‘or’’ the
first place it appears the following: ‘‘,
pursuant to section 1104(e)(1) of the
Housing Opportunity and Responsibil-
ity Act of 1997 from the applicant or
participant,’’; and
(II) by inserting ‘‘or 104(e)(1)’’
after ‘‘such section 303(i)’’; and
(ii) in paragraph (3)—
(I) in subparagraph (A), by in-
serting ‘‘, section 1104(e)(1) of the
Housing Opportunity and Responsibil-
ity Act of 1998,’’ after ‘‘Social Secu-
rity Act’’; and
(II) in subparagraph (A), by in-
serting ‘‘or agreement, as applicable,’’
after ‘‘consent’’;
(III) in subparagraph (B), by in-
serting
‘‘section
1104(e)(1)
of
the
Housing Opportunity and Responsibil-
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ity Act of 1998,’’ after ‘‘Social Secu-
rity Act,’’; and
(IV) in subparagraph (B), by insert-
ing ‘‘ such section 1104(e)(1),’’ after ‘‘such
section 303(i),’’ each place it appears.
SEC. 1105. COMMUNITY WORK AND FAMILY SELF-SUFFI-
CIENCY REQUIREMENTS.
(a) COMMUNITY WORK REQUIREMENT.—
(1) IN GENERAL.—Except as provided in para-
graph (3), each public housing agency shall require,
as a condition of occupancy of a public housing
dwelling unit by a family and of providing housing
assistance under title XIII on behalf of a family,
that each adult member of the family shall contrib-
ute not less than 8 hours of work per month (not
including political activities) within the community
in which the family resides, which may include work
performed on locations not owned by the public
housing agency.
(2) EMPLOYMENT
STATUS
AND
LIABILITY.—
The requirement under paragraph (1) may not be
construed to establish any employment relationship
between the public housing agency and the member
of the family subject to the work requirement under
such paragraph or to create any responsibility, duty,
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or liability on the part of the public housing agency
for actions arising out of the work done by the mem-
ber of the family to comply with the requirement, ex-
cept to the extent that the member of the family is
fulfilling the requirement by working directly for
such public housing agency.
(3) EXEMPTIONS.—A public housing agency
shall provide for the exemption, from the applicabil-
ity of the requirement under paragraph (1), of each
individual who is—
(A) an elderly person;
(B) a person with disabilities;
(C) working, attending school or vocational
training, or otherwise complying with work re-
quirements applicable under other public assist-
ance programs (as determined by the agencies
or organizations responsible for administering
such programs); or
(D) otherwise physically impaired to the
extent that they are unable to comply with the
requirement, as certified by a doctor.
(b) REQUIREMENT REGARDING TARGET DATE FOR
TRANSITION OUT OF ASSISTED HOUSING.—
(1) IN GENERAL.—Each public housing agency
shall require, as a condition of occupancy of a public
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housing dwelling unit by a family and of providing
housing assistance under title XIII on behalf of a
family, that the family and the agency enter into an
agreement
(included,
pursuant
to
subsection
(d)(2)(C), as a term of an agreement under sub-
section (d)) establishing a target date by which the
family intends to graduate from, terminate tenancy
in, or no longer receive public housing or housing as-
sistance under title XIII.
(2) RIGHTS OF OCCUPANCY.—This subsection
may not be construed (nor may any provision of sub-
section (d) or (e)) to create a right on the part of
any public housing agency to evict or terminate as-
sistance for a family solely on the basis of any fail-
ure of the family to comply with the target date es-
tablished pursuant to paragraph (1).
(3) FACTORS.—In establishing a target date
pursuant to paragraph (1) for a family that receives
benefits for welfare or public assistance from a State
or other public agency under a program that limits
the duration during which such benefits may be re-
ceived, the public housing agency and the family
may take into consideration such time limit. This
section may not be construed to require any public
housing agency to adopt any such time limit on the
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duration of welfare or public assistance benefits as
the target date pursuant to paragraph (1) for a resi-
dent.
(4) EXEMPTIONS.—A public housing agency
shall provide for the exemption, from the applicabil-
ity of the requirements under paragraph (1), of each
individual who is—
(A) an elderly person;
(B) a person with disabilities;
(C) working, attending school or vocational
training, or otherwise complying with work re-
quirements applicable under other public assist-
ance programs (as determined by the agencies
or organizations responsible for administering
such programs); or
(D) otherwise physically impaired to the
extent that they are unable to comply with the
requirement, as certified by a doctor.
(c) TREATMENT OF INCOME CHANGES RESULTING
FROM WELFARE PROGRAM REQUIREMENTS.—
(1) COVERED FAMILY.—For purposes of this
subsection, the term ‘‘covered family’’ means a fam-
ily that: (A) receives benefits for welfare or public
assistance from a State or other public agency under
a program for which the Federal, State, or local law
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relating to the program requires, as a condition of
eligibility for assistance under the program, partici-
pation of a member of the family in an economic
self-sufficiency program; and (B) resides in a public
housing dwelling unit or is provided housing assist-
ance under title XIII.
(2) DECREASES IN INCOME FOR FAILURE TO
COMPLY.—Notwithstanding the provisions of sec-
tions 1225 and 1322 (relating to family rental con-
tributions), if the welfare or public assistance bene-
fits of a covered family are reduced under a Federal,
State, or local law regarding such an assistance pro-
gram because of any failure of any member of the
family to comply with the conditions under the as-
sistance program requiring participation in an eco-
nomic self-sufficiency program, the amount required
to be paid by the family as a monthly contribution
toward rent may not be decreased, during the period
of the reduction, as a result of any decrease in the
income of the family (to the extent that the decrease
in income is a result of the benefits reduction).
(3) EFFECT OF FRAUD.—Notwithstanding the
provisions of sections 1225 and 1322 (relating to
family rental contributions), if the welfare or public
assistance benefits of a covered family are reduced
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because of an act of fraud by a member of the fam-
ily under the law or program, the amount required
to be paid by the covered family as a monthly con-
tribution toward rent may not be decreased, during
the period of the reduction, as a result of any de-
crease in the income of the family (to the extent that
the decrease in income is a result of the benefits re-
duction).
(4) NOTICE.—Paragraphs (2) and (3) shall not
apply to any covered family before the public hous-
ing agency providing assistance under this division
on behalf of the family obtains written notification
from the relevant welfare or public assistance agency
specifying that the family’s benefits have been re-
duced because of noncompliance with economic self-
sufficiency program requirements or fraud and the
level of such reduction.
(5) OCCUPANCY RIGHTS.—This subsection may
not be construed to authorize any public housing
agency to establish any time limit on tenancy in a
public housing dwelling unit or on receipt of housing
assistance under title XIII.
(6) REVIEW.—Any covered family residing in
public housing that is affected by the operation of
this subsection shall have the right to review the de-
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residing in public housing developments and re-
ceiving choice-based assistance under title XIII,
which may include providing for self-sufficiency
services within such housing, providing for serv-
ices designed to meet the unique employment-
related needs of residents of such housing and
recipients
of
such
assistance,
providing
for
placement of workfare positions on-site in such
housing, and such other elements as may be ap-
propriate.
(C)
CONFIDENTIALITY.—This
paragraph
may not be construed to authorize any release
of information that is prohibited by, or in con-
travention of, any other provision of Federal,
State, or local law.
(d) COMMUNITY WORK AND FAMILY SELF-SUFFI-
CIENCY AGREEMENTS.—
(1) IN
GENERAL.—A public housing agency
shall enter into a community work and family self-
sufficiency agreement under this subsection with
each adult member and head of household of each
family who is to reside in a dwelling unit in public
housing of the agency and each family on behalf of
whom the agency will provide housing assistance
under title XIII. Under the agreement the family
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shall agree that, as a condition of occupancy of the
public housing dwelling unit or of receiving such
housing assistance, the family will comply with the
terms of the agreement.
(2) TERMS.—An agreement under this sub-
section shall include the following:
(A) Terms designed to encourage and fa-
cilitate the economic self-sufficiency of the as-
sisted family entering into the agreement and
the graduation of the family from assisted
housing to unassisted housing.
(B) Notice of the requirements under sub-
section (a) (relating to community work) and
the conditions imposed by, and exemptions
from, such requirement.
(C) The target date agreed upon by the
family pursuant to subsection (b) for gradua-
tion from, termination of tenancy in, or termi-
nation of receipt of public housing or housing
assistance under title XIII.
(D) Terms providing for any resources,
services, and assistance relating to self-suffi-
ciency that will be made available to the family,
including any assistance to be made available
pursuant to subsection (c)(7)(B) under a co-
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operation agreement entered into under sub-
section (c)(7).
(E) Notice of the provisions of paragraphs
(2) through (7) of subsection (c) (relating to ef-
fect of changes in income on rent and assisted
families rights under such circumstances).
(e) LEASE PROVISIONS.—A public housing agency
shall incorporate into leases under section 1226, and into
any agreements for the provision of choice-based assist-
ance under title XIII on behalf of a family—
(1) a provision requiring compliance with the
requirement under subsection (a); and
(2)
provisions
incorporating
the
conditions
under subsection (c).
(f) TREATMENT OF INCOME.—Notwithstanding any
other provision of this section, in determining the income
or tenancy of a family who resides in public housing or
receives housing assistance under title XIII, a public hous-
ing agency shall consider any decrease in the income of
a family that results from the reduction of any welfare
or public assistance benefits received by the family under
any Federal, State, or local law regarding a program for
such assistance if the family (or a member thereof, as ap-
plicable) has complied with the conditions for receiving
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such assistance and is unable to obtain employment not-
withstanding such compliance.
(g) DEFINITION.—For purposes of this section, the
term ‘‘economic self-sufficiency program’’ means any pro-
gram designed to encourage, assist, train, or facilitate the
economic independence of participants and their families
or to provide work for participants, including programs
for job training, employment counseling, work placement,
basic skills training, education, workfare, financial or
household management, apprenticeship, or other activities
as the Secretary may provide.
SEC. 1106. LOCAL HOUSING MANAGEMENT PLANS.
(a) 5-YEAR PLAN.—The Secretary shall provide for
each public housing agency to submit to the Secretary,
once every 5 years, a plan under this subsection for the
agency covering a period consisting of 5 fiscal years. Each
such plan shall contain, with respect to the 5-year period
covered by the plan, the following information:
(1) STATEMENT OF MISSION.—A statement of
the mission of the agency for serving the needs of
low-income families in the jurisdiction of the agency
during such period.
(2) GOALS AND OBJECTIVES.—A statement of
the goals and objectives of the agency that will en-
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able the agency to serve the needs identified pursu-
ant to paragraph (1) during such period.
(3) CAPITAL IMPROVEMENT OVERVIEW.—If the
agency will provide capital improvements for public
housing developments during such period, an over-
view of such improvements, the rationale for such
improvements, and an analysis of how such improve-
ments will enable the agency to meet its goals, objec-
tives, and mission.
The first 5-year plan under this subsection for a public
housing agency shall be submitted for the 5-year period
beginning with the first fiscal year for which the agency
receives assistance under this division.
(b) ANNUAL PLAN.—The Secretary shall provide for
each public housing agency to submit to the Secretary a
local housing management plan under this section for each
fiscal year that contains the information required under
subsection (d). For each fiscal year after the initial sub-
mission of a plan under this section by a public housing
agency, the agency may comply with requirements for sub-
mission of a plan under this subsection by submitting an
update of the plan for the fiscal year.
(c) PROCEDURES.—The Secretary shall establish re-
quirements and procedures for submission and review of
plans, including requirements for timing and form of sub-
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mission, and for the contents of such plans. Such proce-
dures shall provide that a public housing agency—
(1) shall, in conjunction with the relevant State
or unit of general local government, establish proce-
dures to ensure that the plan under this section is
consistent with the applicable comprehensive housing
affordability strategy (or any consolidated plan in-
corporating such strategy) for the jurisdiction in
which the public housing agency is located, in ac-
cordance with title I of the Cranston-Gonzalez Na-
tional Affordable Housing Act; and
(2) may, at the option of the agency, submit a
plan under this section together with, or as part of,
the comprehensive housing affordability strategy (or
any consolidated plan incorporating such strategy)
for the relevant jurisdiction, and for concomitant re-
view of such plans submitted together.
(d) CONTENTS.—An annual local housing manage-
ment plan under this section for a public housing agency
shall contain the following information relating to the up-
coming fiscal year for which the assistance under this divi-
sion is to be made available:
(1) NEEDS.—A statement of the housing needs
of low-income and very low-income families residing
in the community served by the agency, and of other
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low-income families on the waiting list of the agency
(including the housing needs of elderly families and
disabled families), and the means by which the agen-
cy intends, to the maximum extent practicable, to
address such needs.
(2) FINANCIAL RESOURCES.—A statement of fi-
nancial
resources
available
for
the
agency
the
planned uses of such resources that includes—
(A) a description of the financial resources
available to the agency;
(B) the uses to which such resources will
be committed, including all proposed eligible
and required activities under section 1203 and
housing assistance to be provided under title
XIII;
(C) an estimate of the costs of operation
and the market rental value of each public
housing development; and
(D) a specific description, based on popu-
lation and demographic data, of the unmet af-
fordable housing needs of families in the com-
munity served by the agency having incomes
not exceeding 30 percent of the area median in-
come and a statement of how the agency will
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(10) CONVERSION OF PUBLIC HOUSING.—With
respect to public housing owned or operated by the
agency, a description of any building or buildings
that the agency is required, under section 1203(b),
to convert to housing assistance under title XIII or
that the agency voluntarily converts, an analysis of
such buildings required under such section for con-
version, and a statement of the amount of grant
amounts under title XII to be used for rental assist-
ance or other housing assistance.
(11) HOMEOWNERSHIP ACTIVITIES.—A descrip-
tion of—
(A) any homeownership programs of the
agency under subtitle D of title XII or section
1329 for the agency;
(B) the requirements and assistance avail-
able under the programs described pursuant to
subparagraph (A); and
(C) the annual goals of the agency for ad-
ditional availability of homeownership units.
(12) ECONOMIC
SELF-SUFFICIENCY
AND
CO-
ORDINATION
WITH
WELFARE
AND
OTHER
APPRO-
PRIATE AGENCIES.—A description of—
(A) policies relating to services and amen-
ities provided or offered to assisted families, in-
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cluding the provision of service coordinators
and services designed for certain populations
(such as the elderly and disabled);
(B) how the agency will coordinate with
State, local, and other agencies providing assist-
ance to families participating in welfare or pub-
lic assistance programs;
(C) how the agency will implement and ad-
minister section 1105; and
(D) any policies, programs, plans, and ac-
tivities of the agency for the enhancement of
the economic and social self-sufficiency of resi-
dents assisted by the programs of the agency,
including rent structures to encourage self-suf-
ficiency.
(13) SAFETY AND CRIME PREVENTION.—A plan
established by the public housing agency, which shall
be subject to the following requirements:
(A) SAFETY
MEASURES.—The plan shall
provide, on a development-by-development basis,
for measures to ensure the safety of public
housing residents.
(B) ESTABLISHMENT.—The plan shall be
established, with respect to each development,
in consultation with the police officer or officers
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in command for the precinct in which the devel-
opment is located.
(C) CONTENT.—The plan shall describe
the need for measures to ensure the safety of
public housing residents and for crime preven-
tion measures, describe any such activities con-
ducted, or to be conducted, by the agency, and
provide for coordination between the public
housing agency and the appropriate police pre-
cincts for carrying out such measures and ac-
tivities.
(D) SECRETARIAL
ACTION.—If the Sec-
retary determines, at any time, that the secu-
rity needs of a development are not being ade-
quately addressed by the plan, or that the local
police precinct is not complying with the plan,
the Secretary may mediate between the public
housing agency and the local precinct to resolve
any issues of conflict. If after such mediation
has occurred and the Secretary determines that
the security needs of the development are not
adequately addressed, the Secretary may re-
quire the public housing agency to submit an
amended plan.
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(14) ANNUAL AUDIT.—The results of the most
recent fiscal year audit of the agency required under
section 1541(b).
(15) TROUBLED AGENCIES.—Such other addi-
tional information as the Secretary may determine
to be appropriate for each public housing agency
that is designated—
(A) under section 1533(c) as at risk of be-
coming troubled; or
(B) under section 1533(a) as troubled.
(16) ASSET
MANAGEMENT.—A statement of
how the agency will carry out its asset management
functions with respect to the public housing inven-
tory of the agency, including how the agency will
plan for the long-term operating, capital investment,
rehabilitation, modernization, disposition, and other
needs for such inventory.
(e) CITIZEN PARTICIPATION.—
(1) PUBLICATION OF NOTICE.—Not later than
45 days before the date of a hearing conducted
under paragraph (2) by the governing body of a
public housing agency, the agency shall—
(A) publish a notice informing the public
that the proposed local housing management
plan or amendment is available for inspection at
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the principal office of the public housing agency
during normal business hours and make the
plan or amendment so available for inspection
during such period; and
(B) publish a notice informing the public
that a public hearing will be conducted to dis-
cuss the local housing management plan and to
invite public comment regarding that plan.
(2) PUBLIC
HEARING.—Before submitting a
plan under this section or a significant amendment
under section 1107(f) to a plan, a public housing
agency shall, at a location that is convenient to resi-
dents, conduct a public hearing, as provided in the
notice published under paragraph (1), regarding the
public housing plan or the amendment of the agen-
cy.
(3) CONSIDERATION OF COMMENTS.—A public
housing agency shall consider any comments or
views made available pursuant to paragraphs (1)
and (2) in preparing a final plan or amendment for
submission to the Secretary. A summary of such
comments or views shall be attached to the plan,
amendment, or report submitted.
(4) ADOPTION OF PLAN.—After conducting the
public hearing under paragraph (2) and considering
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public comments in accordance with paragraph (3),
the public housing agency shall make any appro-
priate changes to the local housing management
plan or amendment and shall—
(A) adopt the local housing management
plan;
(B) submit the plan to any local elected of-
ficial or officials responsible for appointing the
members of the board of directors (or other
similar governing body) of the public housing
agency for review and approval under sub-
section (f);
(C) submit the plan to the Secretary in ac-
cordance with this section; and
(D) make the submitted plan or amend-
ment publicly available.
(f) LOCAL REVIEW.—The public housing agency shall
submit a plan under this subsection to any local elected
official or officials responsible for appointing the members
of the board of directors (or other similar governing body)
of the public housing agency for review and approval for
a 45-day period beginning on the date that the plan is
submitted to such local official or officials (which period
may run concurrently with any period under subsection
(e) for public comment). If the local official or officials
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responsible under this subsection do not act within 45
days of submission of the plan, the plan shall be consid-
ered approved. If the local official or officials responsible
under this subsection reject the public housing agency’s
plan, they shall return the plan with their recommended
changes to the agency within 5 days of their disapproval.
The agency shall resubmit an updated plan to the local
official or officials within 30 days of receiving the objec-
tions, If the local official or officials again reject the plan,
the resubmitted plan, together with the local official’s ob-
jections, shall be submitted to the Secretary for approval.
(g) PLANS FOR SMALL PHA’S AND PHA’S ADMIN-
ISTERING ONLY RENTAL ASSISTANCE.—The Secretary
shall establish requirements for submission of plans under
this section and the information to be included in such
plans applicable to public housing agencies that own or
operate less than 250 public housing dwelling units and
shall establish requirements for such submission and in-
formation applicable to agencies that only administer
housing assistance under title XIII (and do not own or
operate public housing). Such requirements shall waive
any requirements under this section that the Secretary de-
termines are burdensome or unnecessary for such agen-
cies.
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SEC. 1107. REVIEW OF PLANS.
(a) REVIEW AND NOTICE.—
(1) REVIEW.—The Secretary shall conduct a
limited review of each local housing management
plan submitted to the Secretary to ensure that the
plan is complete and complies with the requirements
of section 1106. The Secretary shall have the discre-
tion to review a plan to the extent that the Secretary
considers review is necessary.
(2) NOTICE.—The Secretary shall notify each
public housing agency submitting a plan whether the
plan complies with such requirements not later than
75 days after receiving the plan. If the Secretary
does not notify the public housing agency, as re-
quired under this subsection and subsection (b), the
Secretary shall be considered, for purposes of this
division, to have made a determination that the plan
complies with the requirements under section 1106
and the agency shall be considered to have been no-
tified of compliance upon the expiration of such 75-
day period. The preceding sentence shall not pre-
clude judicial review regarding such compliance pur-
suant to chapter 7 of title 5, United States Code, or
an action regarding such compliance under section
1979 of the Revised Statutes of the United States
(42 U.S.C. 1983).
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(b) NOTICE OF REASONS FOR DETERMINATION OF
NONCOMPLIANCE.—If the Secretary determines that a
plan, as submitted, does not comply with the requirements
under section 1106, the Secretary shall specify in the no-
tice under subsection (a) the reasons for the noncompli-
ance and any modifications necessary for the plan to meet
the requirements under section 1106.
(c) STANDARDS
FOR DETERMINATION
OF NON-
COMPLIANCE.—The Secretary may determine that a plan
does not comply with the requirements under section 1106
only if—
(1) the plan is incomplete in significant matters
required under such section;
(2) there is evidence available to the Secretary
that challenges, in a substantial manner, any infor-
mation provided in the plan;
(3) the Secretary determines that the plan does
not comply with Federal law or violates the purposes
of this division because it fails to provide housing
that will be viable on a long-term basis at a reason-
able cost;
(4) the plan plainly fails to adequately identify
the needs of low-income families for housing assist-
ance in the jurisdiction of the agency;
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(5) the plan plainly fails to adequately identify
the capital improvement needs for public housing de-
velopments in the jurisdiction of the agency;
(6) the activities identified in the plan are
plainly inappropriate to address the needs identified
in the plan; or
(7) the plan is inconsistent with the require-
ments of this division.
The Secretary shall determine that a plan does not comply
with the requirements under section 1106 if the plan does
not
include
the
information
required
under
section
1106(d)(2)(D).
(d) TREATMENT
OF EXISTING PLANS.—Notwith-
standing any other provision of this title, a public housing
agency shall be considered to have submitted a plan under
this section if the agency has submitted to the Secretary
a comprehensive plan under section 14(e) of the United
States Housing Act of 1937 (as in effect immediately be-
fore the effective date of the repeal under section 1601(b)
of this Act) or under the comprehensive improvement as-
sistance program under such section 14, and the Secretary
has approved such plan, before January 1, 1997. The Sec-
retary shall provide specific procedures and requirements
for such authorities to amend such plans by submitting
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only such additional information as is necessary to comply
with the requirements of section 1106.
(e) ACTIONS TO CHANGE PLAN.—A public housing
agency that has submitted a plan under section 1106 may
change actions or policies described in the plan before sub-
mission and review of the plan of the agency for the next
fiscal year only if—
(1) in the case of costly or nonroutine changes,
the agency submits to the Secretary an amendment
to the plan under subsection (f) which is reviewed in
accordance with such subsection; or
(2)
in
the
case
of
inexpensive
or
routine
changes, the agency describes such changes in such
local housing management plan for the next fiscal
year.
(f) AMENDMENTS TO PLAN.—
(1) IN GENERAL.—During the annual or 5-year
period covered by the plan for a public housing
agency, the agency may submit to the Secretary any
amendments to the plan.
(2) REVIEW.—The Secretary shall conduct a
limited review of each proposed amendment submit-
ted under this subsection to determine whether the
plan, as amended by the amendment, complies with
the requirements of section 1106 and notify each
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public housing agency submitting the amendment
whether the plan, as amended, complies with such
requirements not later than 30 days after receiving
the amendment. If the Secretary determines that a
plan, as amended, does not comply with the require-
ments under section 1106, such notice shall indicate
the reasons for the noncompliance and any modifica-
tions necessary for the plan to meet the require-
ments under section 1106. If the Secretary does not
notify the public housing agency as required under
this paragraph, the plan, as amended, shall be con-
sidered, for purposes of this section, to comply with
the requirements under section 1106.
(3) STANDARDS FOR DETERMINATION OF NON-
COMPLIANCE.—The Secretary may determine that a
plan, as amended by a proposed amendment, does
not comply with the requirements under section
1106 only if—
(A) the plan, as amended, would be subject
to a determination of noncompliance in accord-
ance with the provisions of subsection (c);
(B) the Secretary determines that—
(i) the proposed amendment is plainly
inconsistent with the activities specified in
the plan; or
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(ii) there is evidence that challenges,
in a substantial manner, any information
contained in the amendment; or
(C) the Secretary determines that the plan,
as amended, violates the purposes of this divi-
sion because it fails to provide housing that will
be viable on a long-term basis at a reasonable
cost.
(4) AMENDMENTS TO EXTEND TIME OF PER-
FORMANCE.—Notwithstanding any other provision of
this subsection, the Secretary may not determine
that any amendment to the plan of a public housing
agency that extends the time for performance of ac-
tivities assisted with amounts provided under this
title fails to comply with the requirements under sec-
tion 1106 if the Secretary has not provided the
amount of assistance set forth in the plan or has not
provided the assistance in a timely manner.
SEC. 1108. REPORTING REQUIREMENTS.
(a) PERFORMANCE
AND EVALUATION REPORT.—
Each public housing agency shall annually submit to the
Secretary, on a date determined by the Secretary, a per-
formance and evaluation report concerning the use of
funds made available under this division. The report of
the public housing agency shall include an assessment by
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the agency of the relationship of such use of funds made
available under this division, as well as the use of other
funds, to the needs identified in the local housing manage-
ment plan and to the purposes of this division. The public
housing agency shall certify that the report was available
for review and comment by affected tenants prior to its
submission to the Secretary.
(b) REVIEW
OF PHA’S.—The Secretary shall, at
least on an annual basis, make such reviews as may be
necessary or appropriate to determine whether each public
housing agency receiving assistance under this section—
(1) has carried out its activities under this divi-
sion in a timely manner and in accordance with its
local housing management plan; and
(2) has a continuing capacity to carry out its
local housing management plan in a timely manner.
(c) RECORDS.—Each public housing agency shall col-
lect, maintain, and submit to the Secretary such data and
other program records as the Secretary may require, in
such form and in accordance with such schedule as the
Secretary may establish.
SEC. 1109. PET OWNERSHIP.
Pet ownership in housing assisted under this division
that is federally assisted rental housing (as such term is
defined in section 227 of the Housing and Urban-Rural
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Recovery Act of 1983) shall be governed by the provisions
of section 227 of such Act.
SEC. 1110. ADMINISTRATIVE GRIEVANCE PROCEDURE.
(a) REQUIREMENTS.—Each public housing agency
receiving assistance under this division shall establish and
implement an administrative grievance procedure under
which residents of public housing will—
(1) be advised of the specific grounds of any
proposed adverse public housing agency action;
(2) have an opportunity for a hearing before an
impartial party (including appropriate employees of
the public housing agency) upon timely request with-
in a reasonable period of time;
(3) have an opportunity to examine any docu-
ments or records or regulations related to the pro-
posed action;
(4) be entitled to be represented by another
person of their choice at any hearing;
(5) be entitled to ask questions of witnesses and
have others make statements on their behalf; and
(6) be entitled to receive a written decision by
the public housing agency on the proposed action.
(b) EXCLUSION FROM ADMINISTRATIVE PROCEDURE
OF GRIEVANCES CONCERNING EVICTIONS FROM PUBLIC
HOUSING INVOLVING HEALTH, SAFETY, OR PEACEFUL
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ENJOYMENT.—A public housing agency may exclude from
its procedure established under subsection (a) any griev-
ance, in any jurisdiction which requires that prior to evic-
tion, a tenant be given a hearing in court, which the Sec-
retary determines provides the basic elements of due proc-
ess (which the Secretary shall establish by rule under sec-
tion 553 of title 5, United States Code), concerning an
eviction from or termination of tenancy in public housing
that involves any activity that threatens the health, safety,
or right to peaceful enjoyment of the premises of other
tenants or employees of the public housing agency or any
drug-related criminal activity on or off such premises. In
the case of any eviction from or termination of tenancy
in public housing not described in the preceding sentence,
each of the following provisions shall apply:
(1) Such eviction or termination shall be sub-
ject to an administrative grievance procedure if the
tenant so evicted or terminated requests a hearing
under such procedure not later than five days after
service of notice of such eviction or termination.
(2) The public housing agency shall take final
action regarding a grievance under paragraph (1)
not later than thirty days after such notice is served.
(3) If the public housing agency fails to provide
a hearing under the grievance procedure pursuant to
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a request under paragraph (1) and take final action
regarding the grievance before the expiration of the
30-day period under paragraph (2), the notice of
eviction or termination shall be considered void and
shall not be given any force or effect.
(4) If a public housing authority takes final ac-
tion on a grievance for any eviction or termination,
the tenant and any member of the tenant’s house-
hold shall not have any right in connection with any
subsequent eviction or termination notice to request
or be afforded any administrative grievance hearing
during the 1-year period beginning upon the date of
the final action.
(c) INAPPLICABILITY
TO CHOICE-BASED RENTAL
HOUSING ASSISTANCE.—This section may not be con-
strued to require any public housing agency to establish
or implement an administrative grievance procedure with
respect to assisted families under title XIII.
SEC. 1111. HEADQUARTERS RESERVE FUND.
(a) ANNUAL RESERVATION OF AMOUNTS.—Notwith-
standing any other provision of law, the Secretary may
retain not more than 2 percent of the amounts appro-
priated to carry out title XII for any fiscal year for use
in accordance with this section.
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(b) USE OF AMOUNTS.—Any amounts that are re-
tained under subsection (a) or appropriated for use under
this section shall be available for subsequent allocation to
specific areas and communities, and may only be used for
the Department of Housing and Urban Development
and—
(1) for unforeseen housing needs resulting from
natural and other disasters;
(2) for housing needs resulting from emer-
gencies, as determined by the Secretary, other than
such disasters;
(3) for housing needs related to a settlement of
litigation, including settlement of fair housing litiga-
tion; and
(4) for needs related to the Secretary’s actions
under this division regarding troubled and at-risk
public housing agencies.
Housing needs under this subsection may be met through
the provision of assistance in accordance with title XII or
title XIII, or both.
SEC. 1112. LABOR STANDARDS.
(a) IN GENERAL.—Any contract for grants, sale, or
lease pursuant to this division relating to public housing
shall contain the following provisions:
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(B) is paid expenses, reasonable benefits, or a
nominal fee for such services; and
(3) is not otherwise employed at any time in the
construction work.
SEC. 1113. NONDISCRIMINATION.
(a) IN GENERAL.—No person in the United States
shall on the grounds of race, color, national origin, reli-
gion, or sex be excluded from participation in, be denied
the benefits of, or be subjected to discrimination under
any program or activity funded in whole or in part with
amounts made available under this division. Any prohibi-
tion against discrimination on the basis of age under the
Age Discrimination Act of 1975 or with respect to an oth-
erwise qualified handicapped individual as provided in sec-
tion 504 of the Rehabilitation Act of 1973 shall also apply
to any such program or activity.
(b) CIVIL RIGHTS COMPLIANCE.—Each public hous-
ing agency that receives grant amounts under this division
shall use such amounts and carry out its local housing
management plan approved under section 1107 in con-
formity with title VI of the Civil Rights Act of 1964, the
Fair Housing Act, section 504 of the Rehabilitation Act
of 1973, the Age Discrimination Act of 1975, and the
Americans With Disabilities Act of 1990, and shall affirm-
atively further fair housing.
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SEC. 1114. PROHIBITION ON USE OF FUNDS.
None of the funds made available to the Department
of Housing and Urban Development to carry out this divi-
sion, which are obligated to State or local governments,
public housing agencies, housing finance agencies, or other
public or quasi-public housing agencies, shall be used to
indemnify contractors or subcontractors of the govern-
ment or agency against costs associated with judgments
of infringement of intellectual property rights.
SEC. 1115. INAPPLICABILITY TO INDIAN HOUSING.
Except as specifically provided by law, the provisions
of this title, and titles XII, XIII, XIV, and XV shall not
apply to public housing developed or operated pursuant
to a contract between the Secretary and an Indian housing
authority under the United States Housing Act of 1937
or to housing assisted under the Native American Housing
Assistance and Self-Determination Act of 1996.
SEC. 1116. REGULATIONS.
(a) IN GENERAL.—The Secretary may issue any reg-
ulations necessary to carry out this division. This sub-
section shall take effect on the date of the enactment of
this Act.
(b) RULE OF CONSTRUCTION.—Any failure by the
Secretary to issue any regulations authorized under sub-
section (a) shall not affect the effectiveness of any provi-
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sion of this division or any amendment made by this divi-
sion.
TITLE XII—PUBLIC HOUSING
Subtitle A—Block Grants
SEC. 1201. BLOCK GRANT CONTRACTS.
(a) IN GENERAL.—The Secretary shall enter into
contracts with public housing agencies under which—
(1) the Secretary agrees to make a block grant
under this title, in the amount provided under sec-
tion 1202(c), for assistance for low-income housing
to the public housing agency for each fiscal year cov-
ered by the contract; and
(2) the agency agrees—
(A) to provide safe, clean, and healthy
housing that is affordable to low-income fami-
lies and services for families in such housing;
(B) to operate, or provide for the oper-
ation, of such housing in a financially sound
manner;
(C) to use the block grant amounts in ac-
cordance with this title and the local housing
management plan for the agency that complies
with the requirements of section 1106;
(D) to involve residents of housing assisted
with block grant amounts in functions and deci-
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sions relating to management and the quality of
life in such housing;
(E) that the management of the public
housing of the agency shall be subject to ac-
tions authorized under subtitle D of title XV;
(F) that the Secretary may take actions
under section 1205 with respect to improper
use of grant amounts provided under the con-
tract; and
(G) to otherwise comply with the require-
ments under this title.
(b) SMALL PUBLIC HOUSING AGENCY CAPITAL
GRANT OPTION.—For any fiscal year, upon the request
of the Governor of the State, the Secretary shall make
available directly to the State, from the amounts otherwise
included in the block grants for all public housing agencies
in such State which own or operate less than 100 dwelling
units, 1⁄2 of that portion of such amounts that is derived
from the capital improvement allocations for such agencies
pursuant to section 1203(c)(1) or 1203(d)(2), as applica-
ble. The Governor of the State will have the responsibility
to distribute all of such funds, in amounts determined by
the Governor, only to meet the exceptional capital im-
provement requirements for the various public housing
agencies in the State which operate less than 100 dwelling
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units: Provided, however, that for States where Federal
funds provided to the State are subject to appropriation
action by the State legislature, the capital funds made
available to the Governor under this subsection shall be
subject to such appropriation by the State legislature.
(c) MODIFICATION.—Contracts and agreements be-
tween the Secretary and a public housing agency may not
be amended in a manner which would—
(1) impair the rights of—
(A) leaseholders for units assisted pursu-
ant to a contract or agreement; or
(B) the holders of any outstanding obliga-
tions of the public housing agency involved for
which annual contributions have been pledged;
or
(2) provide for payment of block grant amounts
under this title in an amount exceeding the alloca-
tion for the agency determined under section 1204.
Any rule of law contrary to this subsection shall be deemed
inapplicable.
SEC. 1202. GRANT AUTHORITY, AMOUNT, AND ELIGIBILITY.
(a) AUTHORITY.—The Secretary shall make block
grants under this title to eligible public housing agencies
in accordance with block grant contracts under section
1201.
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(b) PERFORMANCE FUNDS.—
(1) IN GENERAL.—The Secretary shall establish
2 funds for the provision of grants to eligible public
housing agencies under this title, as follows:
(A) CAPITAL
FUND.—A capital fund to
provide capital and management improvements
to public housing developments.
(B)
OPERATING
FUND.—An
operating
fund for public housing operations.
(2) FLEXIBILITY OF FUNDING.—
(A) IN GENERAL.—A public housing agen-
cy may use up to 20 percent of the amounts
from a grant under this title that are allocated
and provided from the capital fund for activities
that are eligible under section 1203(a)(2) to be
funded with amounts from the operating fund.
(B)
FULL
FLEXIBILITY
FOR
SMALL
PHA’S.—In the case of a public housing agency
that owns or operates less than 250 public
housing dwelling units and is (in the determina-
tion of the Secretary) operating and maintain-
ing its public housing in a safe, clean, and
healthy condition, the agency may use amounts
from a grant under this title for any eligible ac-
tivities under section 1203(a), regardless of the
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fund from which the amounts were allocated
and provided.
(c) AMOUNT OF GRANTS.—The amount of the grant
under this title for a public housing agency for a fiscal
year shall be the amount of the allocation for the agency
determined under section 1204, except as otherwise pro-
vided in this title and title XV.
(d) ELIGIBILITY.—A public housing agency shall be
an eligible public housing agency with respect to a fiscal
year for purposes of this title only if—
(1) the Secretary has entered into a block grant
contract with the agency;
(2) the agency has submitted a local housing
management plan to the Secretary for such fiscal
year;
(3) the plan has been determined to comply
with the requirements under section 1106 and the
Secretary has not notified the agency that the plan
fails to comply with such requirements;
(4) the agency is exempt from local taxes, as
provided under subsection (e), or receives a contribu-
tion, as provided under such subsection;
(5) no member of the board of directors or
other governing body of the agency, or the executive
director, has been convicted of a felony;