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(2) by striking the item relating to section 5122
and inserting the following new item:
‘‘Sec. 5122. Purposes.’’;
(3) by striking the item relating to section 5125
and inserting the following new item:
‘‘Sec. 5125. Grant procedures.’’;
and
(4) by striking the item relating to section 5130
and inserting the following new item:
‘‘Sec. 5130. Funding.’’.
(i) TREATMENT OF NOFA.—The cap limiting assist-
ance under the Notice of Funding Availability issued by
the Department of Housing and Urban Development in
the Federal Register of April 8, 1996, shall not apply to
a public housing agency within an area designated as a
high intensity drug trafficking area under section 1005(c)
of the Anti-Drug Abuse Act of 1988 (21 U.S.C. 1504(c)).
(j) EFFECTIVE DATE.—This section and the amend-
ments made by this section shall take effect on the date
of the enactment of this Act.
Subtitle C—Limitations Relating to
Occupancy in Federally Assisted
Housing
SEC. 1641. SCREENING OF APPLICANTS.
(a) INELIGIBILITY BECAUSE
OF EVICTION.—Any
household or member of a household evicted from federally
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assisted housing (as such term is defined in section 1645)
shall not be eligible for federally assisted housing—
(1) in the case of eviction by reason of drug-re-
lated criminal activity, for a period of not less than
3 years that begins on the date of such eviction, un-
less the evicted member of the household successfully
completes a rehabilitation program; and
(2) in the case of an eviction for other serious
violations of the terms or conditions of the lease, for
a reasonable period of time, as determined by the
public housing agency or owner of the federally as-
sisted housing, as applicable.
The requirements of paragraphs (1) and (2) may be
waived if the circumstances leading to eviction no longer
exist.
(b) INELIGIBILITY OF ILLEGAL DRUG USERS AND
ALCOHOL USERS.—
(1) IN GENERAL.—Notwithstanding any other
provision of law, a public housing agency or an
owner of federally assisted housing, or both, as de-
termined by the Secretary, shall establish standards
that prohibit admission to the program or admission
to federally assisted housing for any household with
a member—
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(A) who the public housing agency or
owner determines is engaging in the illegal use
of a controlled substance; or
(B) with respect to whom the public hous-
ing agency or owner determines that it has rea-
sonable cause to believe that such household
member’s illegal use (or pattern of illegal use)
of a controlled substance, or abuse (or pattern
of abuse) of alcohol, would interfere with the
health, safety, or right to peaceful enjoyment of
the premises by other residents.
(2) CONSIDERATION OF REHABILITATION.—In
determining whether, pursuant to paragraph (1)(B),
to deny admission to the program or to federally as-
sisted housing to any household based on a pattern
of illegal use of a controlled substance or a pattern
of abuse of alcohol by a household member, a public
housing agency or an owner may consider whether
such household member—
(A) has successfully completed an accred-
ited drug or alcohol rehabilitation program (as
applicable) and is no longer engaging in the ille-
gal use of a controlled substance or abuse of al-
cohol (as applicable);
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(B) has otherwise been rehabilitated suc-
cessfully and is no longer engaging in the illegal
use of a controlled substance or abuse of alco-
hol (as applicable); or
(C) is participating in an accredited drug
or alcohol rehabilitation program (as applicable)
and is no longer engaging in the illegal use of
a controlled substance or abuse of alcohol (as
applicable).
(c) INELIGIBILITY OF SEXUALLY VIOLENT PREDA-
TORS FOR ADMISSION TO PUBLIC HOUSING.—
(1) IN GENERAL.—Notwithstanding any other
provision of law, a public housing agency shall pro-
hibit admission to public housing for any household
that includes any individual who is a sexually violent
predator.
(2) SEXUALLY VIOLENT PREDATOR.—For pur-
poses of this subsection, the term ‘‘sexually violent
predator’’ means an individual who—
(A) is a sexually violent predator (as such
term is defined in section 170101(a)(3) of such
Act); and
(B) is subject to a registration requirement
under section 170101(a)(1)(B) or 170102(c) of
the Violent Crime Control and Law Enforce-
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ment Act of 1994 (42 U.S.C. 14071(a)(1)(B),
14072(c)),
as
provided
under
section
170101(b)(6)(B) or 170102(d)(2), respectively,
of such Act.
(d) AUTHORITY TO DENY ADMISSION TO CRIMINAL
OFFENDERS.—Except as provided in subsections (a), (b),
and (c) and in addition to any other authority to screen
applicants, in selecting among applicants for admission to
the program or to federally assisted housing, if the public
housing agency or owner of such housing (as applicable)
determines that an applicant or any member of the appli-
cant’s household is or was, during a reasonable time pre-
ceding the date when the applicant household would other-
wise be selected for admission, engaged in any criminal
activity (including drug-related criminal activity), the pub-
lic housing agency or owner may—
(1) deny such applicant admission to the pro-
gram or to federally assisted housing;
(2) consider the applicant (for purposes of any
waiting list) as not having applied for the program
or such housing; and
(3) after the expiration of the reasonable period
beginning upon such activity, require the applicant,
as a condition of admission to the program or to
federally assisted housing, to submit to the public
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housing agency or owner evidence sufficient (as the
Secretary shall by regulation provide) to ensure that
the individual or individuals in the applicant’s house-
hold who engaged in criminal activity for which de-
nial was made under paragraph (1) have not en-
gaged in any criminal activity during such reason-
able period.
(e) AUTHORITY TO REQUIRE ACCESS TO CRIMINAL
RECORDS.—A public housing agency and an owner of fed-
erally assisted housing may require, as a condition of pro-
viding admission to the program or admission to or occu-
pancy in federally assisted housing, that each adult mem-
ber of the household provide a signed, written authoriza-
tion for the public housing agency to obtain the records
described in section 1644(a) regarding such member of the
household from the National Crime Information Center,
police departments, other law enforcement agencies, and
State registration agencies referred to in such section. In
the case of an owner of federally assisted housing that is
not a public housing agency, the owner shall request the
public housing agency having jurisdiction over the area
within which the housing is located to obtain the records
pursuant to section 1644.
(f) ADMISSION BASED ON DISABILITY.—
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(1) IN GENERAL.—Notwithstanding any other
provision of law, for purposes of determining eligi-
bility for admission to federally assisted housing, a
person shall not be considered to have a disability or
a handicap solely because of the prior or current ille-
gal use of a controlled substance (as defined in sec-
tion 102 of the Controlled Substances Act) or solely
by reason of the prior or current use of alcohol.
(2) CONTINUED OCCUPANCY.—This subsection
may not be construed to prohibit the continued occu-
pancy of any person who is a resident in assisted
housing on the effective date of this division.
SEC. 1642. TERMINATION OF TENANCY AND ASSISTANCE
FOR ILLEGAL DRUG USERS AND ALCOHOL
ABUSERS.
Notwithstanding any other provision of law, a public
housing agency or an owner of federally assisted housing
(as applicable), shall establish standards or lease provi-
sions for continued assistance or occupancy in federally
assisted housing that allow the agency or owner (as appli-
cable) to terminate the tenancy or assistance for any
household with a member—
(1) who the public housing agency or owner de-
termines is engaging in the illegal use of a controlled
substance; or
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by, persons residing in the immediate vicinity of
the premises; or
(C) with respect only to activity engaged in
by the tenant or any member of the tenant’s
household, is criminal activity on or off the
premises.
SEC. 1644. AVAILABILITY OF CRIMINAL RECORDS FOR TEN-
ANT SCREENING AND EVICTION.
(a) IN GENERAL.—
(1)
CRIMINAL
CONVICTION
INFORMATION.—
Notwithstanding any other provision of law other
than paragraphs (3) and (4), upon the request of a
public housing agency, the National Crime Informa-
tion Center, a police department, and any other law
enforcement agency shall provide to the public hous-
ing agency information regarding the criminal con-
viction records of an adult applicant for, or tenants
of, federally assisted housing for purposes of appli-
cant screening, lease enforcement, and eviction, but
only if the public housing agency requests such in-
formation and presents to such Center, department,
or agency a written authorization, signed by such
applicant, for the release of such information to the
public housing agency or other owner of the feder-
ally assisted housing.
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(2) INFORMATION REGARDING CRIMES AGAINST
CHILDREN AND SEXUALLY VIOLENT PREDATORS.—
Notwithstanding any other provision of law other
than paragraphs (3) and (4), upon the request of a
public housing agency, the Federal Bureau of Inves-
tigation, a State law enforcement agency designated
as a registration agency under a State registration
program under subtitle A of title XVII of the Vio-
lent Crime Control and Law Enforcement Act of
1994 (42 U.S.C. 14071), and any local law enforce-
ment agency authorized by the State agency shall
provide to a public housing agency the information
collected under the national database established
pursuant to section 170102 of such Act or such
State registration program, as applicable, regarding
an adult applicant for, or tenant of, federally as-
sisted housing for purposes of applicant screening,
lease enforcement, and eviction, but only if the pub-
lic housing agency requests such information and
presents to such State registration agency or other
local law enforcement agency a written authoriza-
tion, signed by such applicant, for the release of
such information to the public housing agency or
other owner of the federally assisted housing.
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(3) DELAYED EFFECTIVE DATE FOR OWNERS
OTHER THAN PHA’S.—The provisions of paragraphs
(1) and (2) authorizing obtaining information for
owners of federally assisted housing other than pub-
lic housing agencies shall not take effect before—
(A) the expiration of the 1-year period be-
ginning on the date of enactment of this Act;
and
(B) the Secretary and the Attorney Gen-
eral of the United States have determined that
access to such information is feasible for such
owners and have provided for the terms of re-
lease of such information to owners.
(4)
EXCEPTION.—The
information
provided
under paragraphs (1), (2), and (3) shall include in-
formation regarding any criminal conviction of a ju-
venile only to the extent that the release of such in-
formation is authorized under the law of the applica-
ble State, tribe, or locality.
(b) CONFIDENTIALITY.—A public housing agency or
owner receiving information under this section may use
such information only for the purposes provided in this
section and such information may not be disclosed to any
person who is not an officer, employee, or authorized rep-
resentative of the agency or owner and who has a job-
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related need to have access to the information in connec-
tion with admission of applicants, eviction of tenants, or
termination of assistance. For judicial eviction proceed-
ings, disclosures may be made to the extent necessary. The
Secretary shall, by regulation, establish procedures nec-
essary to ensure that information provided under this sec-
tion to a public housing agency or owner is used, and con-
fidentiality of such information is maintained, as required
under this section.
(c) OPPORTUNITY TO DISPUTE.—Before an adverse
action is taken with regard to assistance for federally as-
sisted housing on the basis of a criminal record (including
on the basis that an individual is a sexually violent preda-
tor, pursuant to section 1641(c)), the public housing agen-
cy or owner shall provide the tenant or applicant with a
copy of the criminal record and an opportunity to dispute
the accuracy and relevance of that record.
(d) FEE.—A public housing agency may be charged
a reasonable fee for information provided under subsection
(a). A public housing agency may require an owner of fed-
erally assisted housing (that is not a public housing agen-
cy) to pay such fee for any information that the agency
acquires for the owner pursuant to section 1641(e) and
subsection (a) of this section.
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(e) RECORDS MANAGEMENT.—Each public housing
agency and owner of federally assisted housing that re-
ceives criminal record information pursuant to this section
shall establish and implement a system of records manage-
ment that ensures that any criminal record received by
the agency or owner is—
(1) maintained confidentially;
(2) not misused or improperly disseminated;
and
(3) destroyed in a timely fashion, once the pur-
pose for which the record was requested has been
accomplished.
(f) PENALTY.—Any person who knowingly and will-
fully requests or obtains any information concerning an
applicant for, or tenant of, federally assisted housing pur-
suant to the authority under this section under false pre-
tenses, or any person who knowingly and willfully discloses
any such information in any manner to any individual not
entitled under any law to receive it, shall be guilty of a
misdemeanor and fined not more than $5,000. The term
‘‘person’’ as used in this subsection shall include an offi-
cer, employee, or authorized representative of any public
housing agency or owner.
(g) CIVIL ACTION.—Any applicant for, or tenant of,
federally assisted housing affected by: (1) a negligent or
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knowing disclosure of information referred to in this sec-
tion about such person by an officer, employee, or author-
ized representative of any public housing agency or owner
of federally assisted housing, which disclosure is not au-
thorized by this section; or (2) any other negligent or
knowing action that is inconsistent with this section, may
bring a civil action for damages and such other relief as
may be appropriate against any public housing agency or
owner responsible for such unauthorized action. The dis-
trict court of the United States in the district in which
the affected applicant or tenant resides, in which such un-
authorized action occurred, or in which the officer, em-
ployee, or representative alleged to be responsible for any
such unauthorized action resides, shall have jurisdiction
in such matters. Appropriate relief that may be ordered
by such district courts shall include reasonable attorney’s
fees and other litigation costs.
(h) DEFINITION.—For purposes of this section, the
term ‘‘adult’’ means a person who is 18 years of age or
older, or who has been convicted of a crime as an adult
under any Federal, State, or tribal law.
SEC. 1645. DEFINITIONS.
For purposes of this subtitle, the following definitions
shall apply:
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(1)
FEDERALLY
ASSISTED
HOUSING.—The
term ‘‘federally assisted housing’’ means a dwelling
unit—
(A) in public housing (as such term is de-
fined in section 1102);
(B) assisted with choice-based housing as-
sistance under title XIII;
(C) in housing that is provided project-
based assistance under section 8 of the United
States Housing Act of 1937 (as in effect before
the effective date of the repeal under section
1601(b) of this Act) or pursuant to section
1601(f) of this Act, including new construction
and substantial rehabilitation projects;
(D) in housing that is assisted under sec-
tion 202 of the Housing Act of 1959 (as
amended by section 801 of the Cranston-Gon-
zalez National Affordable Housing Act);
(E) in housing that is assisted under sec-
tion 202 of the Housing Act of 1959, as such
section existed before the enactment of the
Cranston-Gonzalez National Affordable Hous-
ing Act;
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(F) in housing that is assisted under sec-
tion 811 of the Cranston-Gonzalez National Af-
fordable Housing Act;
(G) in housing financed by a loan or mort-
gage insured under section 221(d)(3) of the
National Housing Act that bears interest at a
rate determined under the proviso of section
221(d)(5) of such Act;
(H) in housing insured, assisted, or held
by the Secretary or a State or State agency
under section 236 of the National Housing Act;
and
(I) in housing assisted under section 515
of the Housing Act of 1949.
(2) OWNER.—The term ‘‘owner’’ means, with
respect to federally assisted housing, the entity or
private person (including a cooperative or public
housing agency) that has the legal right to lease or
sublease dwelling units in such housing.
TITLE XVII—AFFORDABLE HOUS-
ING
AND
MISCELLANEOUS
PROVISIONS
SEC. 1701. RURAL HOUSING ASSISTANCE.
The last sentence of section 520 of the Housing Act
of 1949 (42 U.S.C. 1490) is amended by inserting before
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the period the following: ‘‘, and the city of Altus, Okla-
homa, shall be considered a rural area for purposes of this
title until the receipt of data from the decennial census
in the year 2000’’.
SEC. 1702. TREATMENT OF OCCUPANCY STANDARDS.
The Secretary of Housing and Urban Development
shall not directly or indirectly establish a national occu-
pancy standard.
SEC. 1703. IMPLEMENTATION OF PLAN.
(a) IMPLEMENTATION.—
(1) IN
GENERAL.—Not later than 120 days
after the date of the enactment of this Act, the Sec-
retary shall implement the Ida Barbour Revitaliza-
tion Plan of the City of Portsmouth, Virginia, in a
manner consistent with existing limitations under
law.
(2) WAIVERS.—In carrying out paragraph (1),
the Secretary shall consider and make any waivers
to existing regulations and other requirements con-
sistent with the plan described in paragraph (1) to
enable timely implementation of such plan, except
that generally applicable regulations and other re-
quirements governing the award of funding under
programs for which assistance is applied for in con-
nection with such plan shall apply.
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(b) REPORT.—
(1) IN GENERAL.—Not later than 1 year after
the date of the enactment of this Act and annually
thereafter through the year 2000, the city described
in subsection (a)(1) shall submit a report to the Sec-
retary on progress in implementing the plan de-
scribed in that subsection.
(2) CONTENTS.—Each report submitted under
this subsection shall include—
(A) quantifiable measures revealing the in-
crease in homeowners, employment, tax base,
voucher allocation, leverage ratio of funds, im-
pact on and compliance with the consolidated
plan of the city;
(B) identification of regulatory and statu-
tory obstacles that—
(i) have caused or are causing unnec-
essary delays in the successful implementa-
tion of the consolidated plan; or
(ii) are contributing to unnecessary
costs associated with the revitalization; and
(C) any other information that the Sec-
retary considers to be appropriate.
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SEC. 1704. INCOME ELIGIBILITY FOR HOME AND CDBG PRO-
GRAMS.
(a) HOME INVESTMENT PARTNERSHIPS.—The Cran-
ston-Gonzalez National Affordable Housing Act is amend-
ed as follows:
(1)
DEFINITIONS.—In
section
104(10)
(42
U.S.C. 12704(10))—
(A) by striking ‘‘income ceilings higher or
lower’’ and inserting ‘‘an income ceiling high-
er’’;
(B) by striking ‘‘variations are’’ and in-
serting ‘‘variation is’’; and
(C) by striking ‘‘high or’’.
(2) INCOME TARGETING.—In section 214(1)(A)
(42 U.S.C. 12744(1)(A))—
(A) by striking ‘‘income ceilings higher or
lower’’ and inserting ‘‘an income ceiling high-
er’’;
(B) by striking ‘‘variations are’’ and in-
serting ‘‘variation is’’; and
(C) by striking ‘‘high or’’.
(3) RENT LIMITS.—In section 215(a)(1)(A) (42
U.S.C. 12745(a)(1)(A))—
(A) by striking ‘‘income ceilings higher or
lower’’ and inserting ‘‘an income ceiling high-
er’’;
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(B) by striking ‘‘variations are’’ and in-
serting ‘‘variation is’’; and
(C) by striking ‘‘high or’’.
(b) CDBG.—Section 102(a)(20) of the Housing and
Community
Development
Act
of
1974
(42
U.S.C.
5302(a)(20)) is amended by striking subparagraph (B)
and inserting the following new subparagraph:
‘‘(B) The Secretary may—
‘‘(i) with respect to any reference in sub-
paragraph (A) to 50 percent of the median in-
come of the area involved, establish percentages
of median income for any area that are higher
or lower than 50 percent if the Secretary finds
such variations to be necessary because of un-
usually high or low family incomes in such area;
and
‘‘(ii) with respect to any reference in sub-
paragraph (A) to 80 percent of the median in-
come of the area involved, establish a percent-
age of median income for any area that is high-
er than 80 percent if the Secretary finds such
variation to be necessary because of unusually
low family incomes in such area.’’.
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SEC. 1705. PROHIBITION OF USE OF CDBG GRANTS FOR EM-
PLOYMENT RELOCATION ACTIVITIES.
Section 105 of the Housing and Community Develop-
ment Act of 1974 (42 U.S.C. 5305) is amended by adding
at the end the following new subsection:
‘‘(h) PROHIBITION OF USE OF ASSISTANCE FOR EM-
PLOYMENT RELOCATION ACTIVITIES.—Notwithstanding
any other provision of law, no amount from a grant under
section 106 made in fiscal year 1997 or any succeeding
fiscal year may be used for any activity (including any in-
frastructure improvement) that is intended, or is likely,
to facilitate the relocation or expansion of any industrial
or commercial plant, facility, or operation, from one area
to another area, if the relocation or expansion will result
in a loss of employment in the area from which the reloca-
tion or expansion occurs.’’.
SEC. 1706. REGIONAL COOPERATION UNDER CDBG ECO-
NOMIC DEVELOPMENT INITIATIVE.
Section 108(q)(4) (42 U.S.C. 5308(q)(4)) of the
Housing and Community Development Act of 1974 is
amended—
(1) by striking ‘‘and’’ after the semicolon in
subparagraph (C);
(2) by redesignating subparagraph (D) as sub-
paragraph (E); and
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(3) by inserting after subparagraph (C) the fol-
lowing:
‘‘(D) when applicable as determined by the
Secretary, the extent of regional cooperation
demonstrated by the proposed plan; and’’.
SEC. 1707. USE OF AMERICAN PRODUCTS.
(a) PURCHASE
OF AMERICAN-MADE EQUIPMENT
AND PRODUCTS.—It is the sense of the Congress that, to
the greatest extent practicable, all equipment and products
purchased with funds made available in this division
should be American made.
(b) NOTICE REQUIREMENT.—In providing financial
assistance to, or entering into any contract with, any en-
tity using funds made available in this division, the head
of each Federal agency, to the greatest extent practicable,
shall provide to such entity a notice describing the state-
ment made in subsection (a) by the Congress.
SEC. 1708. CONSULTATION WITH AFFECTED AREAS IN SET-
TLEMENT OF LITIGATION.
In negotiating any settlement of, or consent decree
for, any litigation regarding public housing or rental as-
sistance (under title XIII of this Act or the United States
Housing Act of 1937, as in effect before the effective date
of the repeal under section 1601(b) of this Act) that in-
volves the Secretary and any public housing agency or any
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unit of general local government, the Secretary shall con-
sult with any units of general local government and public
housing agencies having jurisdictions that are adjacent to
the jurisdiction of the public housing agency involved.
SEC. 1709. TREATMENT OF PHA REPAYMENT AGREEMENT.
(a) LIMITATION ON SECRETARY.—During the 2-year
period beginning on the date of the enactment of this Act,
if the Housing Authority of the City of Las Vegas, Ne-
vada, is otherwise in compliance with the Repayment Lien
Agreement and Repayment Plan approved by the Sec-
retary on February 12, 1997, the Secretary of Housing
and Urban Development shall not take any action that has
the effect of reducing the inventory of senior citizen hous-
ing owned by such housing authority that does not receive
assistance from the Department of Housing and Urban
Development.
(b) ALTERNATIVE REPAYMENT OPTIONS.—During
the period referred to in subsection (a), the Secretary shall
assist the housing authority referred to in such subsection
to identify alternative repayment options to the plan re-
ferred to in such subsection and to execute an amended
repayment plan that will not adversely affect the housing
referred to in such subsection.
(c) RULE OF CONSTRUCTION.—This section may not
be construed to alter—
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(1) any lien held by the Secretary pursuant to
the agreement referred to in subsection (a); or
(2) the obligation of the housing authority re-
ferred to in subsection (a) to close all remaining
items contained in the Inspector General audits
numbered 89 SF 1004 (issued January 20, 1989),
93 SF 1801 (issued October 30, 1993), and 96 SF
1002 (issued February 23, 1996).
SEC. 1710. USE OF ASSISTED HOUSING BY ALIENS.
Section 214 of the Housing and Community Develop-
ment Act of 1980 (42 U.S.C. 1436a) is amended—
(1) in subsection (b)(2), by striking ‘‘Secretary
of Housing and Urban Development’’ and inserting
‘‘applicable Secretary’’;
(2) in subsection (c)(1)(B), by moving clauses
(ii) and (iii) 2 ems to the left;
(3) in subsection (d)—
(A) in paragraph (1)(A)—
(i) by striking ‘‘Secretary of Housing
and Urban Development’’ and inserting
‘‘applicable Secretary’’; and
(ii) by striking ‘‘the Secretary’’ and
inserting ‘‘the applicable Secretary’’;
(B) in paragraph (2), in the matter follow-
ing subparagraph (B)—
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(i) by inserting ‘‘applicable’’ before
‘‘Secretary’’; and
(ii) by moving such matter (as so
amended by clause (i)) 2 ems to the right;
(C) in paragraph (4)(B)(ii), by inserting
‘‘applicable’’ before ‘‘Secretary’’;
(D) in paragraph (5), by striking ‘‘the Sec-
retary’’
and
inserting
‘‘the
applicable
Sec-
retary’’; and
(E) in paragraph (6), by inserting ‘‘appli-
cable’’ before ‘‘Secretary’’;
(4) in subsection (h) (as added by section 576
of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (division C of Public Law
104–208))—
(A) in paragraph (1)—
(i) by striking ‘‘Except in the case of
an election under paragraph (2)(A), no’’
and inserting ‘‘No’’;
(ii) by striking ‘‘this section’’ and in-
serting ‘‘subsection (d)’’; and
(iii) by inserting ‘‘applicable’’ before
‘‘Secretary’’; and
(B) in paragraph (2)—
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(i) by striking subparagraph (A) and
inserting the following new subparagraph:
‘‘(A) may, notwithstanding paragraph (1)
of this subsection, elect not to affirmatively es-
tablish and verify eligibility before providing fi-
nancial assistance’’; and
(ii) in subparagraph (B), by striking
‘‘in complying with this section’’ and in-
serting ‘‘in carrying out subsection (d)’’;
and
(5) by redesignating subsection (h) (as amended
by paragraph (4)) as subsection (i).
SEC. 1711. PROTECTION OF SENIOR HOMEOWNERS UNDER
REVERSE MORTGAGE PROGRAM.
(a) DISCLOSURE REQUIREMENTS; PROHIBITION OF
FUNDING OF UNNECESSARY OR EXCESSIVE COSTS.—Sec-
tion 255(d) of the National Housing Act (12 U.S.C.
1715z–20(d)) is amended—
(1) in paragraph (2)—
(A)
in
subparagraph
(B),
by
striking
‘‘and’’ at the end;
(B) by redesignating subparagraph (C) as
subparagraph (D); and
(C) by inserting after subparagraph (B)
the following:
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‘‘(C) has received full disclosure of all costs
to the mortgagor for obtaining the mortgage,
including any costs of estate planning, financial
advice, or other related services; and’’;
(2) in paragraph (9)(F), by striking ‘‘and’’;
(3) in paragraph (10), by striking the period at
the end and inserting ‘‘; and’’; and
(4) by adding at the end the following:
‘‘(11) have been made with such restrictions as
the Secretary determines to be appropriate to ensure
that the mortgagor does not fund any unnecessary
or excessive costs for obtaining the mortgage, includ-
ing any costs of estate planning, financial advice, or
other related services; such restrictions shall include
a requirement that the mortgagee ask the mortgagor
about any fees that the mortgagor has incurred in
connection with obtaining the mortgage and a re-
quirement that the mortgagee be responsible for en-
suring that the disclosures required by subsection
(d)(2)(C) are made.’’.
(b) IMPLEMENTATION.—
(1) NOTICE.—The Secretary of Housing and
Urban Development shall, by interim notice, imple-
ment the amendments made by subsection (a) in an
expeditious manner, as determined by the Secretary.
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Such notice shall not be effective after the date of
the effectiveness of the final regulations issued
under paragraph (2) of this subsection.
(2) REGULATIONS.—The Secretary shall, not
later than the expiration of the 90-day period begin-
ning on the date of the enactment of this Act, issue
final
regulations
to
implement
the
amendments
made by subsection (a). Such regulations shall be
issued only after notice and opportunity for public
comment pursuant to the provisions of section 553
of title 5, United States Code (notwithstanding sub-
sections (a)(2) and (b)(B) of such section).
SEC. 1712. CONVERSION OF SECTION 8 TENANT-BASED AS-
SISTANCE TO PROJECT-BASED ASSISTANCE
IN THE BOROUGH OF TAMAQUA.
For the Tamaqua Highrise project in the Borough
of Tamaqua, Pennsylvania, the Secretary of Housing and
Urban Development may require the public housing agen-
cy to convert the tenant-based assistance under section 8
of the United States Housing Act of 1937 to project-based
rental assistance under section 8(d)(2) of such Act, not-
withstanding the requirement for rehabilitation or the per-
centage limitations under section 8(d)(2). The tenant-
based assistance covered by the preceding sentance shall
be the assistance for families who are residing in the
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project on the date of enactment of this Act and who ini-
tially received their assistance in connection with the con-
version of the section 23 leased housing contract for the
project to tenant-based assistance under section 8 of such
Act. The Secretary may not take action under this section
before the expiration of the 30-day period beginning upon
the submission of a report to the Congress regarding the
proposed action under this section.
SEC. 1713. HOUSING COUNSELING.
(a) EXTENSION OF EMERGENCY HOMEOWNERSHIP
COUNSELING.—Section 106(c)(9) of the Housing and
Urban Development Act of 1968 (12 U.S.C. 1701x(c)(9))
is amended by striking ‘‘September 30, 1994’’ and insert-
ing ‘‘September 30, 1999’’.
(b)
EXTENSION
OF
PREPURCHASE
AND
FORE-
CLOSURE PREVENTION COUNSELING DEMONSTRATION.—
Section 106(d)(13) of the Housing and Urban Develop-
ment Act of 1968 (12 U.S.C. 1701x(d)(12)) is amended
by striking ‘‘fiscal year 1994’’ and inserting ‘‘fiscal year
1999’’.
(c) NOTIFICATION OF DELINQUENCY ON VETERANS
HOME LOANS.—
Subparagraph (C) of section 106(c)(5) of the Hous-
ing and Urban Development Act of 1968 is amended to
read as follows:
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‘‘(C)
NOTIFICATION.—Notification
under
subparagraph (A) shall not be required with re-
spect to any loan for which the eligible home-
owner pays the amount overdue before the expi-
ration of the 45-day period under subparagraph
(B)(ii).’’.
SEC. 1714. TRANSFER OF SURPLUS REAL PROPERTY FOR
PROVIDING HOUSING FOR LOW- AND MOD-
ERATE-INCOME FAMILIES.
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law (including the Federal Property and Adminis-
trative Services Act of 1949), the property known as 252
Seventh Avenue in New York County, New York is author-
ized to be conveyed in its existing condition under a public
benefit discount to a non-profit organization that has
among its purposes providing housing for low-income indi-
viduals or families provided, that such property is deter-
mined by the Administrator of General Services to be sur-
plus to the needs of the Government and provided it is
determined by the Secretary of Housing and Urban Devel-
opment that such property will be used by such non-profit
organization to provide housing for low- and moderate-in-
come families or individuals.
(b)(1) PUBLIC BENEFIT DISCOUNT.—The amount of
the public benefit discount available under this section
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shall be 75 percent of the estimated fair market value of
the property, except that the Secretary may discount by
a greater percentage if the Secretary, in consultation with
the Administrator, determines that a higher percentage is
justified due to any benefit which will accrue to the United
States from the use of such property for the public pur-
pose of providing low- and moderate-income housing.
(2) REVERTER.—The Administrator shall require
that the property be used for at least 30 years for the
public purpose for which it was originally conveyed, or
such longer period of time as the Administrator feels nec-
essary, to protect the Federal interest and to promote the
public purpose. If this condition is not met, the property
shall revert to the United States.
(3) DETERMINATION OF FAIR MARKET VALUE.—
The Administrator shall determine estimated fair market
value in accordance with Federal appraisal standards and
procedures.
(4) DEPOSIT OF PROCEEDS.—The Administrator of
General Services shall deposit any proceeds received under
this subsection in the special account established pursuant
to section 204(h)(2) of the Federal Property and Adminis-
trative Services Act of 1949.
(5) ADDITIONAL TERMS AND CONDITIONS.—The Ad-
ministrator may require such additional terms and condi-
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tions in connection with the conveyance under subsection
(a) as the Administrator considers appropriate to protect
the interests of the United States and to accomplish a
public purpose.
SEC. 1715. EFFECTIVE DATE.
This title and the amendments made by this title
shall take effect on the date of the enactment of this Act.
That 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, com-
missions, corporations, and offices for the fiscal year ending
September 30, 1999, and for other purposes, namely:
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 be-
half of veterans and a pilot program for disability examina-
tions 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 burial benefits,
emergency and other officers’ retirement pay, adjusted-serv-
ice credits and certificates, payment of premiums due on
commercial life insurance policies guaranteed under the
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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: Pro-
vided, That not to exceed $24,534,000 of the amount appro-
priated shall be reimbursed to ‘‘General operating expenses’’
and ‘‘Medical care’’ for necessary expenses in implementing
those provisions authorized in the Omnibus Budget Rec-
onciliation 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 specifically provided as the ‘‘Compensa-
tion and pensions’’ appropriation: Provided further, That
such sums as may be earned on an actual qualifying pa-
tient basis, shall be reimbursed to ‘‘Medical facilities revolv-
ing 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 expended:
Provided, That funds shall be available to pay any court
order, court award or any compromise settlement arising
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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 veter-
ans insurance, and veterans mortgage life insurance as au-
thorized by 38 U.S.C. chapter 19; 70 Stat. 887; 72 Stat.
487, $46,450,000, to remain available until expended.
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: 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 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 Indemnity Fund, or the Direct Loan Revolv-
ing 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
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Guaranty and Indemnity Fund, or the Direct Loan Revolv-
ing Fund on the effective 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’’.
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, in-
cluding 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 principal 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
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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 principal
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’’.
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 transferred
to and merged with the appropriation for ‘‘General operat-
ing expenses’’.
VETERANS HEALTH ADMINISTRATION
MEDICAL CARE
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses for the maintenance and oper-
ation 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 treatment
in facilities not under the jurisdiction of the Department;
and furnishing recreational facilities, supplies, and equip-
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ment; funeral, burial, and other expenses incidental thereto
for beneficiaries receiving care in the Department; adminis-
trative expenses in support of planning, design, project
management, real property acquisition and disposition,
construction and renovation of any facility under the juris-
diction or for the use of the Department; oversight, engineer-
ing and architectural activities not charged to project cost;
repairing, altering, improving or providing facilities in the
several hospitals and homes under the jurisdiction of the
Department, not otherwise provided for, either by contract
or by the hire of temporary employees and purchase of ma-
terials; uniforms or allowances therefor, 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 
referred 
to 
in 
U.S.C. 
8110(a)(5);
$17,250,000,000, plus reimbursements: Provided, That of
the funds made available under this heading, $687,000,000
is for the equipment and land and structures object classi-
fications only, which amount shall not become available for
obligation until August 1, 1999, and shall remain available
until September 30, 2000: Provided further, That of the
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funds made available under this heading, $14,000,000 shall
be for the homeless grant program and $6,000,000 shall be
for the homeless per diem program: Provided further, That
such funds may be used for vocational training, rehabilita-
tion, and outreach activities in addition to other authorized
homeless assistance activities: Provided further, That of the
funds made available under this heading, $10,000,000 shall
be for implementation of the Primary Care Providers In-
centive Act, contingent upon enactment of authorizing legis-
lation.
In addition, in conformance with Public Law 105–33
establishing the Department of Veterans Affairs Medical
Care Collections Fund, such sums as may be deposited to
such Fund pursuant to 38 U.S.C. 1729A may be transferred
to this account, to remain available until expended for the
purposes of this account.
MEDICAL AND PROSTHETIC RESEARCH
For necessary expenses in carrying out programs of
medical and prosthetic research and development as author-
ized by 38 U.S.C. chapter 73, to remain available until
September 30, 2000, $310,000,000, plus reimbursements.
MEDICAL ADMINISTRATION AND MISCELLANEOUS
OPERATING EXPENSES
For necessary expenses in the administration of the
medical, hospital, nursing home, domiciliary, construction,
supply, and research activities, as authorized by law; ad-
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ministrative expenses in support of planning, design,
project management, architectural, engineering, real prop-
erty acquisition and disposition, construction and renova-
tion of any facility under the jurisdiction or for the use
of the Department of Veterans Affairs, including site acqui-
sition; engineering and architectural activities not charged
to project cost; and research and development in building
construction technology; $60,000,000, plus reimbursements.
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 transferred
from the ‘‘General post fund’’: Provided, That such costs,
including 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 gross obligations for the principal
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 Pub-
lic Law 102–54, section 8.
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DEPARTMENTAL ADMINISTRATION
GENERAL OPERATING EXPENSES
For necessary operating expenses of the Department of
Veterans Affairs, not otherwise provided for, including uni-
forms or allowances therefor; not to exceed $25,000 for offi-
cial reception and representation expenses; hire of passenger
motor vehicles; and reimbursement of the General Services
Administration for security guard services, and the Depart-
ment of Defense for the cost of overseas employee mail;
$854,661,000: Provided, That funds under this heading
shall be available to administer the Service Members Occu-
pational Conversion and Training Act.
NATIONAL CEMETERY SYSTEM
For necessary expenses for the maintenance and oper-
ation of the National Cemetery System, not otherwise pro-
vided 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.
OFFICE OF INSPECTOR GENERAL
For necessary expenses of the Office of Inspector Gen-
eral in carrying out the Inspector General Act of 1978, as
amended, $36,000,000.
CONSTRUCTION, MAJOR PROJECTS
For constructing, altering, extending and improving
any of the facilities under the jurisdiction or for the use
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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 38 U.S.C., including
planning, architectural and engineering services, mainte-
nance or guarantee period services costs associated with
equipment guarantees provided under the project, services
of claims analysts, offsite 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, $142,300,000, to remain available until ex-
pended: Provided, 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 doc-
uments 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 ap-
proved major construction project in which obligations are
not incurred within the time limitations established above:
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Provided further, That no funds from any other account
except the ‘‘Parking revolving fund’’, may be obligated 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 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 planning,
architectural and engineering services, maintenance or
guarantee period services costs associated with equipment
guarantees provided under the project, services of claims an-
alysts, offsite utility and storm drainage system construc-
tion 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 38 U.S.C., where the esti-
mated cost of a project is less than $4,000,000;
$175,000,000, to remain available until expended, along
with unobligated balances of previous ‘‘Construction, minor
projects’’ appropriations which are hereby made available
for any project where the estimated 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
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under the jurisdiction or for the use of the Department
which are necessary because of loss or damage caused by
any natural disaster or catastrophe, and (2) temporary
measures necessary to prevent or to minimize further loss
by such causes.
PARKING REVOLVING FUND
For the parking revolving fund as authorized by 38
U.S.C. 8109, income from fees collected, to remain available
until expended, which shall be available for all authorized
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,
$90,000,000, to remain available until expended.
GRANTS FOR THE CONSTRUCTION OF STATE VETERAN
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.
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SEC. 105. Appropriations available to the Department
of Veterans Affairs for fiscal year 1999 for ‘‘Compensation
and pensions’’, ‘‘Readjustment benefits’’, and ‘‘Veterans in-
surance and indemnities’’ shall be available for payment
of prior year accrued obligations required to be recorded
by law against the corresponding prior year accounts with-
in the last quarter of fiscal year 1998.
SEC. 106. Appropriations accounts available to the De-
partment 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 ac-
counts they shall be payable from ‘‘Compensation and pen-
sions’’.
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 Insurance Fund
(38 U.S.C. 1923), and the United States Government Life
Insurance Fund (38 U.S.C. 1955), reimburse 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
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fiscal year 1999, that are available for dividends in that
program after claims have been paid and actuarially deter-
mined reserves have been set aside: Provided further, That
if the cost of administration of an insurance program ex-
ceeds the amount of surplus earnings accumulated in that
program, reimbursement shall be made only to the extent
of such surplus earnings: Provided further, That the Sec-
retary shall determine the cost of administration for fiscal
year 1999, which is properly allocable to the provision of
each insurance program 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 fiscal
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 available in the De-
partments of Veterans Affairs and Housing and Urban De-
velopment, and Independent Agencies Appropriations Act,
1994 (Public Law 103–124) under the heading ‘‘Medical
care’’; and (2) funds obligated by the Department of Veter-
ans Affairs for lease number 084B–002–96 from funds made
available in the Department of Veterans Affairs and Hous-
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ing and Urban Development, and Independent Agencies
Appropriations Act, 1995 (Public Law 103–327) under the
heading ‘‘Medical care’’.
SEC. 109. Beginning in fiscal year 1999, and there-
after, funds available in any Department of Veterans Af-
fairs appropriation or fund for salaries and other adminis-
trative expenses shall also be available to reimburse the Of-
fice of Resolution Management and the Office of Employ-
ment Discrimination Complaint Adjudication for all serv-
ices provided at rates which will recover actual costs. Pay-
ments may be made in advance for services to be furnished
based on estimated costs. Amounts received shall be credited
to the General Operating Expenses account for use by the
office that provided the service.
SEC. 110. LAND CONVEYANCE, RIDGECREST CHIL-
DREN’S CENTER, ALABAMA. (a) CONVEYANCE.—The Sec-
retary of Veterans Affairs may convey, without consider-
ation, to the Board of Trustees of the University of Ala-
bama, all right, title, and interest of the United States in
and to the parcel of real property, including any improve-
ments thereon, described in subsection (b).
(b) COVERED PARCEL.—The parcel of real property to
be conveyed under subsection (a) is the following: A parcel
of property lying in the northeast quarter of the southwest
quarter, section 28, township 21 south, range 9 west, Tusca-
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loosa County, Alabama, lying along and adjacent to
Ridgecrest (Brewer’s Porch) Children’s Center being more
particularly described as follows: As a point of commence-
ment start at the southeast corner of the north half of the
southwest quarter run in an easterly direction along an eas-
terly projection of the north boundary of the southeast quar-
ter of the southwest quarter for a distance of 888.52 feet
to a point; thence with a deflection angle to the left of 134
degrees 41 minutes run in a northwesterly direction for a
distance of 1164.38 feet to an iron pipe; thence with a de-
flection angle to the left of 75 degrees 03 minutes run in
a southwesterly direction for a distance of 37.13 feet to the
point of beginning of this parcel of property; thence con-
tinue in this same southwesterly direction along the projec-
tion of the chainlink fence for a distance of 169.68 feet to
a point; thence with an interior angle to the left of 63 de-
grees 16 minutes run in a northerly direction for a distance
of 233.70 feet to a point; thence with an interior angle to
the left of 43 degrees 55 minutes run in a southeasterly di-
rection for a distance of 218.48 feet to the point of begin-
ning, said parcel having an interior angle of closure of 72
degrees 49 minutes, said parcel containing 0.40 acres more
or less, said parcel of property is also subject to all rights-
of-way, easements, and conveyances heretofore given for this
parcel of property.
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(c) ADDITIONAL TERMS AND CONDITIONS.—The Sec-
retary may require such additional terms and conditions
in connection with the conveyance under subsection (a) as
the Secretary considers appropriate to protect the interests
of the United States.
TITLE II—DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
PUBLIC AND INDIAN HOUSING
HOUSING CERTIFICATE FUND
(INCLUDING TRANSFERS AND RESCISSIONS 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 contracts 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,
$10,013,542,030, to remain available until expended: Pro-
vided, That of the total amount provided under this head-
ing, $9,540,000,000 shall be for assistance under the United
States Housing Act of 1937 (42 U.S.C. 1437) (the ‘‘Act’’
herein) for use in connection with expiring or terminating
section 8 subsidy contracts, for enhanced vouchers as pro-
vided under the ‘‘Preserving Existing Housing Investment’’
account in the Departments of Veterans Affairs and Hous-
ing and Urban Development, and Independent Agencies
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Appropriations Act, 1997, (Public Law 104–204), and con-
tracts 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, $433,542,030 shall be for section 8 rent-
al assistance under the Act including assistance to relocate
residents of properties (i) that are owned by the Secretary
and being disposed of or (ii) that are discontinuing section
8 project-based assistance; for the conversion 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 agency: Provided further,
That of the total amount made available in the preceding
proviso, up to $40,000,000 shall be made available to non-
elderly disabled families affected by the designation of a
public housing development under section 7 of such Act, the
establishment of preferences in accordance with section 651
of the Housing and Community Development Act of 1992
(42 U.S.C. 1361l), or the restriction of occupancy to elderly
families in accordance with section 658 of such Act, and
to the extent the Secretary determines that such amount is
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not needed to fund applications for such affected families,
to other nonelderly disabled families: Provided further, That
the amount made available under the fifth proviso under
the heading ‘‘Prevention of Resident Displacement’’ in title
II of the Departments of Veterans Affairs and Housing and
Urban Development, and Independent Agencies Appropria-
tions Act, 1997, Public Law 104–204, shall also be made
available to nonelderly disabled families affected by the re-
striction of occupancy to elderly families in accordance
with section 658 of the Housing and Community Develop-
ment Act of 1992: Provided further, That to the extent the
Secretary determines that the amount made available under
the fifth proviso under the heading ‘‘Prevention of Resident
Displacement’’ in title II of the Departments of Veterans
Affairs and Housing and Urban Development, and Inde-
pendent Agencies Appropriations Act, 1997, Public Law
104–204, is not needed to fund applications for affected
families described in the fifth proviso, or in the preceding
proviso under this heading in this Act, the amount not
needed shall be made available to other nonelderly disabled
families: Provided further, That of the total amount under
this heading, $40,000,000 shall be made available on a fair
share basis (except as otherwise provided in this proviso)
to public housing agencies as section 8 assistance for fami-
lies on waiting lists who agree to participate in local self-
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sufficiency/welfare-to-work initiatives, of which $4,000,000
shall be made available each to public housing agencies for
demonstration local self-sufficiency/welfare-to-work initia-
tives in Los Angeles, California; Cleveland, Ohio; Kansas
City, Missouri; Charlotte, North Carolina; Miami/Dade
County, Florida; Prince Georges County, Maryland; New
York City, New York; and Anchorage, Alaska.
From the sources and in the order hereinafter specified,
$1,400,000,000 is rescinded: Provided further, That the first
source shall be amounts that are available or may be recap-
tured from project-based contracts for section 8 assistance
that expired or were terminated during fiscal year 1999
or any prior year: Provided further, That after all amounts
that are available or may be recaptured from the first
source have been exhausted, the second source shall be unob-
ligated amounts from amendments to contracts for project-
based section 8 assistance, other than contracts for projects
developed under section 202 of the Housing Act of 1959,
other than amounts described as the fourth source, in the
fourth proviso in this paragraph, that are carried over into
1999: Provided further, That after all amounts that are
available from the second source are exhausted, the third
source shall be amounts recaptured from section 8 reserves
in the section 8 moderate rehabilitation program: Provided
further, That after all amounts that are available or may
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be recaptured from the third source have been exhausted,
the fourth source shall be all unobligated amounts for
project-based assistance that are earmarked under the third
proviso under this heading in Public Law 105–65, 111
Stat. 1351 (approved October 27, 1997): Provided further,
That any amounts that are available or recaptured in con-
nection with the first or third provisos of this paragraph
that are in the Annual Contributions for Assisted Housing
account, and are required to be rescinded by this para-
graph, shall be rescinded from the Annual Contributions for
Assisted Housing account.
SECTION 8 RESERVE PRESERVATION ACCOUNT
The amounts recaptured during fiscal years 1998 and
1999 that were heretofore made available to public housing
agencies for tenant-based assistance under the section 8 ex-
isting housing certificate and housing voucher programs
from the Annual Contributions for Assisted Housing ac-
count shall be collected in the account under this heading,
for use as provided for under this heading, as set forth
under the Annual Contributions for Assisted Housing head-
ing in title II, chapter 11 of Public Law 105–18, approved
June 12, 1997.
PUBLIC HOUSING CAPITAL FUND
(INCLUDING TRANSFERS OF FUNDS)
For the Public Housing Capital Fund Program for
modernization of existing public housing projects as author-
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ized under section 14 of the United States Housing Act of
1937, as amended (42 U.S.C. 1437), $2,550,000,000, to re-
main available until expended: Provided, That of the total
amount, up to $100,000,000 shall be for carrying out activi-
ties under section 6(j) of such Act and technical assistance
for the inspection of public housing units, contract exper-
tise, and training and technical assistance directly or indi-
rectly, under grants, contracts, or cooperative agreements,
to assist in the oversight and management of public housing
(whether or not the housing is being modernized with assist-
ance under this proviso) or tenant-based assistance, includ-
ing, but not limited 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 Tenant Opportunity Program: Provided further, That
all balances, as of September 30, 1997, of funds heretofore
provided for section 673 public housing service coordinators
shall be transferred to and merged with amounts made
available under this heading.
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PUBLIC HOUSING OPERATING FUND
(INCLUDING TRANSFER OF FUNDS)
For payments to public housing agencies for operating
subsidies for low-income housing projects as authorized by
section 9 of the United States Housing Act of 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, Indian Tribes
and their 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 housing authorized by 42 U.S.C. 11909, and for
drug information clearinghouse services authorized by 42
U.S.C. 11921–11925, $310,000,000, to remain available
until expended, of which $10,000,000 shall be for grants,
technical assistance, contracts and other assistance, train-
ing, 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 hous-
ing under the Operation Safe Home Program administered
by the Inspector General of the Department of Housing and
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Urban Development; $10,000,000 shall be provided to the
Office of Inspector General for Operation Safe Home; and
$20,000,000 shall be available for a program named the
New Approach Anti-Drug program which will provide com-
petitive grants to entities managing or operating public
housing developments, federally assisted multifamily hous-
ing developments, or other multifamily housing develop-
ments for low-income families supported by non-Federal
governmental entities or similar housing developments sup-
ported by nonprofit private sources in order to provide or
augment security (including personnel costs), to assist in
the investigation and/or prosecution of drug related crimi-
nal activity in and around such developments, and to pro-
vide assistance for the development of capital improvements
at such developments directly relating to the security of such
developments: Provided, That grants for the New Approach
Anti-Drug program shall be made on a competitive basis
as specified in section 102 of the Department of Housing
and Urban Development Reform Act of 1989: Provided fur-
ther, 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 Secretary: Provided further, That, not-
withstanding section 5130(c) of the Anti-Drug Abuse Act
of 1988 (42 U.S.C. 11909(c)), the Secretary may determine
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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 (in-
cluding 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 providing re-
placement housing and assisting tenants displaced by the
demolition, $600,000,000, to remain available until ex-
pended, of which the Secretary may use up to $15,000,000
for technical assistance and contract expertise, to be pro-
vided directly or indirectly by grants, contracts or coopera-
tive agreements, including training and cost of necessary
travel for participants in such training, by or to officials
and employees of the Department and of public housing
agencies and to residents: Provided, That for purposes of
environmental review pursuant to the National Environ-
ment Policy Act of 1969, a grant under this head or under
prior appropriations Acts for this head shall be treated as
assistance under title I of the United States Housing Act
of 1937 and shall be subject to regulations issued by the
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Secretary to implement section 26 of such Act: Provided
further, That no funds appropriated under this heading
shall be used for any purpose that is not provided for here-
in, in the United States Housing Act of 1937, in the Appro-
priations Acts for the Departments of Veterans Affairs and
Housing and Urban Development, and Independent Agen-
cies, for the fiscal years 1993, 1994, 1995, and 1997, and
the Omnibus Consolidated Rescissions and Appropriations
Act of 1996: Provided further, That none of such funds shall
be used directly or indirectly by granting competitive ad-
vantage in awards to settle litigation or pay judgments, un-
less 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), $600,000,000, to remain available
until expended, of which $6,000,000 shall be used to support
the inspection of Indian housing units, contract expertise,
training, and technical assistance in the oversight and
management of Indian housing and tenant-based assist-
ance, including up to $200,000 for related travel: Provided,
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
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and on what time scales these measures are con-
sidered reliable—both for exploratory long-range
work and for short-range goals; and
(C) recommending how these measures may
be adapted for use by the Federal Government to
evaluate federally-funded research and develop-
ment programs;
(2) assess the extent to which agencies incor-
porate independent merit-based evaluation into the
formulation of the strategic plans of funding agencies
and if the quantity or quality of this type of input
is unsatisfactory;
(3) recommend mechanisms for identifying feder-
ally-funded research and development programs which
are unsuccessful or unproductive;
(4) evaluate the extent to which independent,
merit-based evaluation of federally-funded research
and development programs and projects achieves the
goal of eliminating unsuccessful or unproductive pro-
grams and projects; and
(5) investigate and report on the validity of
using quantitative performance goals for aspects of
programs which relate to administrative management
of the program and for which such goals would be ap-
propriate, including aspects related to—