H. R. 4194
One Hundred Fifth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the twenty-seventh day of January, one thousand nine hundred and ninety-eight
An Act
Making appropriations for the Departments of Veterans Affairs and Housing and
Urban Development, and for sundry independent agencies, boards, commissions,
corporations, and offices for the fiscal year ending September 30, 1999, and
for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, 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, boards, commissions, 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 behalf of
veterans and a pilot program for disability examinations as author-
ized 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-service credits and certificates, payment of premiums due
on commercial life insurance policies guaranteed under the provi-
sions 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 appro-
priated shall be reimbursed to ‘‘General operating expenses’’ and
‘‘Medical care’’ for necessary expenses in implementing those provi-
sions authorized in 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 specifically provided
as the ‘‘Compensation and pensions’’ appropriation: Provided fur-
ther, That such sums as may be earned on an actual qualifying
patient basis, shall be reimbursed to ‘‘Medical facilities revolving
fund’’ to augment the funding of individual medical facilities for
nursing home care provided to pensioners as authorized.
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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 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 insur-
ance, servicemen’s indemnities, service-disabled veterans 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 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 Revolving Fund shall
be deposited into or paid from the Veterans Housing Benefit Pro-
gram Fund: Provided further, That any balances in the Loan Guar-
anty Revolving Fund, the Guaranty and Indemnity Fund, or the
Direct Loan Revolving 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 trans-
ferred to and merged with the appropriation 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, including the cost
of modifying such loans, shall be as defined in section 502 of
the Congressional Budget Act of 1974, as amended: Provided fur-
ther, 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’’.
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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 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 pro-
gram authorized by 38 U.S.C. chapter 37, subchapter V, as amend-
ed, $515,000, which may be transferred 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 operation of
hospitals, nursing homes, and domiciliary facilities; for furnishing,
as authorized by law, inpatient and outpatient care and treatment
to beneficiaries of the Department of Veterans Affairs, including
care and treatment in facilities not under the jurisdiction of the
Department; 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 disposition, construction and renovation
of any facility under the jurisdiction or for the use of the Depart-
ment; oversight, engineering 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 materials; uni-
forms or allowances therefor, as authorized by 5 U.S.C. 5901–
5902; aid to State homes as authorized by 38 U.S.C. 1741; adminis-
trative 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 38 U.S.C. 8110(a)(5),
$17,306,000,000, plus reimbursements: Provided, That of the funds
made available under this heading, $778,000,000 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 September 30, 2000: Provided
further, That of the funds made available under this heading,
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not to exceed $27,420,000 may be transferred to and merged with
the appropriation for ‘‘General operating expenses’’: Provided fur-
ther, That of the funds made available under this heading, up
to $10,000,000 shall be for implementation of the Primary Care
Providers Incentive Act, contingent upon enactment of authorizing
legislation.
In addition, in conformance with Public Law 105–33 establish-
ing 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 authorized by 38 U.S.C.
chapter 73, to remain available until September 30, 2000,
$316,000,000, plus reimbursements: Provided, That of the funds
made available under this heading, $6,000,000 is for the Musculo-
skeletal Disease Center, which amount shall remain available for
obligation until expended.
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; administrative expenses
in support of planning, design, project management, architectural,
engineering, real property acquisition and disposition, construction
and renovation of any facility under the jurisdiction or for the
use of the Department of Veterans Affairs, including site acquisi-
tion; engineering and architectural activities not charged to project
cost; and research and development in building construction tech-
nology, $63,000,000, 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 modify-
ing such loans, shall be as defined in section 502 of the Congres-
sional 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 transferred from the ‘‘Gen-
eral post fund’’, as authorized by Public Law 102–54, section 8.
DEPARTMENTAL ADMINISTRATION
GENERAL OPERATING EXPENSES
For necessary operating expenses of the Department of Veter-
ans Affairs, not otherwise provided for, including uniforms or allow-
ances therefor; not to exceed $25,000 for official reception and
representation expenses; hire of passenger motor vehicles; and
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reimbursement of the General Services Administration for security
guard services, and the Department of Defense for the cost of
overseas employee mail, $855,661,000: Provided, That funds under
this heading shall be available to administer the Service Members
Occupational Conversion and Training Act.
NATIONAL CEMETERY SYSTEM
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses for the maintenance and operation of
the National Cemetery System, not otherwise provided for, includ-
ing uniforms or allowances therefor; cemeterial expenses as author-
ized by law; purchase of six passenger motor vehicles for use in
cemeterial operations; and hire of passenger motor vehicles,
$92,006,000: Provided, That of the amount made available under
this heading, not to exceed $90,000 may be transferred to and
merged with the appropriation for ‘‘General operating expenses’’.
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,
$36,000,000: Provided, That of the amount made available under
this heading, not to exceed $30,000 may be transferred to and
merged with the appropriation for ‘‘General operating expenses’’.
CONSTRUCTION, MAJOR PROJECTS
(INCLUDING TRANSFER OF FUNDS)
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 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 expended: 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
appropriation for fiscal year 1999, for each approved project shall
be obligated: (1) by the awarding of a construction documents con-
tract by September 30, 1999; and (2) by the awarding of a construc-
tion 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 account
H. R. 4194—6
except the ‘‘Parking revolving fund’’, may be obligated for construct-
ing, 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 Depart-
ment of Veterans Affairs of the project or any part thereof with
respect to that part only: Provided further, That not to exceed
$125,000 may be transferred to the Pershing Hall Revolving Fund,
codified at section 493(d) of title 36, United States Code: Provided
further, That during fiscal year 1999, or in subsequent fiscal years,
the ‘‘Construction, major projects’’ account shall be reimbursed,
in the amount transferred, from other funds as they become part
of the Pershing Hall Revolving Fund.
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 engineer-
ing services, maintenance or guarantee period services costs associ-
ated with equipment 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 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
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 oper-
ations 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 remodel, 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 VETERANS CEMETERIES
For grants to aid States in establishing, expanding, or improv-
ing State veteran cemeteries as authorized by 38 U.S.C. 2408,
$10,000,000, to remain available until expended.
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ADMINISTRATIVE PROVISIONS
(INCLUDING TRANSFER OF FUNDS)
SEC. 101. Any appropriation for fiscal year 1999 for ‘‘Compensa-
tion and pensions’’, ‘‘Readjustment benefits’’, and ‘‘Veterans insur-
ance and indemnities’’ may be transferred to any other of the
mentioned appropriations.
SEC. 102. Appropriations available to the Department of Veter-
ans 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 Department
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 Department
of Veterans Affairs shall be available for hospitalization or examina-
tion of any persons (except beneficiaries 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 reimbursement of cost is made to the ‘‘Medical care’’ account
at such rates as may be fixed by the Secretary of Veterans Affairs.
SEC. 105. Appropriations available to the Department of Veter-
ans Affairs for fiscal year 1999 for ‘‘Compensation and pensions’’,
‘‘Readjustment benefits’’, and ‘‘Veterans insurance and indemnities’’
shall be available for payment of prior year accrued obligations
required to 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 Veter-
ans’ 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 administra-
tion 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 administration of an insurance
program exceeds 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 Secretary
shall determine 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
H. R. 4194—8
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 Departments of Veterans Affairs and Housing and Urban
Development, and Independent Agencies Appropriations 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 Depart-
ments 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) The Department of Veterans Affairs medical center
in Salisbury, North Carolina, is hereby designated as the ‘‘W.G.
(Bill) Hefner Salisbury Department of Veterans Affairs Medical
Center’’. 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) The provisions of subsection (a) are effective on the latter
of the first day of the 106th Congress or January 3, 1999.
SEC. 110. LAND CONVEYANCE, RIDGECREST CHILDREN’S CENTER,
ALABAMA. (a) CONVEYANCE.—The Secretary of Veterans Affairs may
convey, without consideration, to the Board of Trustees of the
University of Alabama, 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 con-
veyed 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, Tuscaloosa County, Alabama,
lying along and adjacent to Ridgecrest (Brewer’s Porch) Children’s
Center being more particularly described as follows: As a point
of commencement start at the southeast corner of the north half
of the southwest quarter run in an easterly direction along an
easterly projection of the north boundary of the southeast quarter
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 deflection 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 continue in this same southwesterly direction along the
projection of the chainlink fence for a distance of 169.68 feet to
a point; thence with an interior angle to the left of 63 degrees
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 direction for a distance
of 218.48 feet to the point of beginning, 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.
(c) ADDITIONAL TERMS AND CONDITIONS.—The Secretary 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.
H. R. 4194—9
SEC. 111. (a) The Department of Veterans Affairs medical center
in Cleveland, Ohio, is hereby designated as the ‘‘Louis Stokes Cleve-
land Department of Veterans Affairs Medical Center’’. 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 ref-
erence to the ‘‘Louis Stokes Cleveland Department of Veterans
Affairs Medical Center’’.
(b) 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 AND RESCISSION OF FUNDS)
For activities and assistance to prevent the involuntary
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, $10,326,542,030, to remain available until expended: Pro-
vided, That of the total amount provided under this heading,
$9,600,000,000 shall be for assistance 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 (including renewals) as provided under the ‘‘Preserving
Existing Housing Investment’’ account in the Departments of Veter-
ans Affairs and Housing and Urban Development, and Independent
Agencies 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 in the
case of enhanced vouchers provided under this heading, if the
income of a family receiving assistance declines to a significant
extent, the percentage of income paid by the family for rent shall
not exceed the greater of 30 percent or the percentage of income
paid at the time of mortgage prepayment: 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 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 demolished or disposed of from the public housing inventory
(in addition to amounts that may be available for such purposes
under this and other headings); 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 prosecu-
tion agency: Provided further, That of the total amount made avail-
able in the preceding proviso, $40,000,000 shall be made available
H. R. 4194—10
to nonelderly 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 accord-
ance with section 658 of such Act, and to the extent the Secretary
determines that such amount is 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 Appropriations
Act, 1997, Public Law 104–204, shall also be made available to
nonelderly disabled families affected by the restriction of occupancy
to elderly families in accordance with section 658 of the Housing
and Community Development 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 Independent
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 provided under this heading, $10,000,000 shall be for
Regional Opportunity Counseling: Provided further, That all bal-
ances, 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, $283,000,000 from the total amount provided under
this heading, to be administered by public housing agencies (includ-
ing Indian tribes and their tribally designated housing entities,
as defined by the Secretary of Housing and Urban Development),
and to remain available until expended: 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 two years, 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 expenditure under section
409(a)(7)(B)(i) of such Act; (2) shall be determined by the agency
to be families for which tenant-based housing assistance is critical
to successfully obtaining or retaining employment; and (3) shall
not already be receiving tenant-based assistance under the United
States Housing Act of 1937: Provided further, That each application
shall: (1) describe the proposed program, which shall be developed
by the public housing agency 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 community; (2) demonstrate that
tenant-based housing assistance is critical to the success of assisting
H. R. 4194—11
eligible families to obtain or retain employment; (3) specify the
criteria for selecting among eligible families to receive housing
assistance under this paragraph; (4) describe the proposed strategy
for tenant counseling and housing search assistance and landlord
outreach; (5) include any requests for waivers of any administrative
requirements or any provisions of the United States Housing Act
of 1937, with a demonstration of how approval of the waivers
would substantially further the objective of this paragraph; (6)
include certifications from the State, local, or Tribal entity admin-
istering 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 administers 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 application to the Secretary, who shall take them
into account in this funding decision; and (7) include such other
information as the Secretary may require and meet such other
requirements as the Secretary may establish: Provided further,
That the Secretary, after consultation with the Secretary of Health
and Human Services and the Secretary of Labor, shall select public
housing agencies to receive assistance under this paragraph on
a competitive basis, taking into account the need for and quality
of the proposed program (including innovative approaches), the
extent to which the assistance will be coordinated with welfare
reform and welfare to work initiatives, the extent to which the
application demonstrates that tenant-based assistance is critical
to the success of assisting eligible families to obtain or retain
employment; and other appropriate criteria established by the Sec-
retary: Provided further, That the Secretary may use up to one
percent of the amount available under this paragraph, directly
or indirectly, to conduct detailed evaluations of the effect of provid-
ing assistance under this paragraph: Provided further, That of
the amount made available under this paragraph, at least
$4,000,000 each shall be made available for local self-sufficiency/
welfare-to-work initiatives in San Bernardino County, 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,
$1,650,000,000 is rescinded: Provided, That the first source shall
be amounts that are available or may be recaptured from project-
based contracts for section 8 assistance that expired or were termi-
nated 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 unobligated amounts from amendments to contracts for project-
based section 8 assistance, other than contracts for projects devel-
oped 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:
H. R. 4194—218
pursuant to paragraph (5)(B)(ii), an amount that is
less than the amount of a standard discount under
clause (i) of this subparagraph and is sufficient to
provide assistance to the preferred purchaser in meet-
ing costs associated with compliance with the program
requirements under this subsection.
‘‘(D) DETERMINATION
OF
DISCOUNT
CLASS.—The Sec-
retary shall, in the sole discretion of the Secretary, estab-
lish a method for determining which discount under clause
(i) or (ii) subparagraph (C) shall be provided for an eligible
asset that is described in such clause (i) and sold to a
preferred purchaser. The method may result in the assign-
ment of discounts on any basis consistent with subpara-
graph (C) that the Secretary considers appropriate to carry
out the purposes of this subsection.
‘‘(7) SALE AGREEMENT.—The Secretary may sell an eligible
asset under this subsection only pursuant to a sale agreement
entered into under this paragraph with the purchaser, which
shall include the following provisions:
‘‘(A) ASSETS.—The sale agreement shall identify the
eligible assets to be purchased and the interests sold.
‘‘(B) REVITALIZATION AREA AND ASSET CONTROL AREA.—
The sale agreement shall identify—
‘‘(i) the boundaries of the specific revitalization
areas (or portions thereof) in which are located the
eligible assets that are covered by the agreement; and
‘‘(ii) in the case of a preferred purchaser, the asset
control area established pursuant to paragraph (4)(B)(i)
that is covered by the agreement.
‘‘(C) FINANCING.—The sale agreement shall identify the
sources of financing for the purchase of the eligible assets.
‘‘(D) BINDING AGREEMENTS.—The sale agreement shall
contain binding agreements by the purchaser sufficient
to comply with—
‘‘(i) in the case of a preferred purchaser, the
requirements under paragraph (5)(A), which agree-
ments shall provide that the eligible assets purchased
will be used in conjunction with a home ownership
plan meeting the requirements of such paragraph, and
shall set forth the terms of the homeownership plan,
including—
‘‘(I) the goals of the plan for the eligible assets
purchased and for the asset control area subject
to the plan;
‘‘(II) the revitalization areas (or portions
thereof) in which the homeownership plan is
operating or will operate;
‘‘(III) the specific use or disposition of the
eligible assets under the plan; and
‘‘(IV) any activities to be conducted and serv-
ices to be provided under the plan; or
‘‘(ii) in the case of a purchaser who is not a pre-
ferred purchaser, the requirements under paragraph
(5)(B).
‘‘(E) PURCHASE PRICE AND DISCOUNT.—The sale agree-
ment shall establish the purchase price of the eligible