Department of Housing and Urban Development-Independent Agencies Appropriations Act, 1989
PL 100-404 (H.R.4800), enacted 08/19/1988

102 STAT. 1014 
PUBLIC LAW 100-404—AUG. 19, 1988 
Public Law 100-404 
100th Congress 
An Act 
Aug. 19, 1988 
[H.R. 4800] 
Department of 
Housing and 
Urban 
Development— 
Independent 
Agencies 
Appropriations 
Act, 1989. 
Making appropriations for the Department of Housing and Urban Development, and 
for sundry independent agencies, boards, commissions, corporations, and offices for 
the fiscal year ending September 30, 1989, 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 Department of Housing and Urban 
Development, and for sundry independent agencies, boards, commis-
sions, corporations, and offices for the fiscal year ending September 
30,1989, and for other purposes, namely: 
TITLE I 
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT 
HOUSING PROGRAMS 
ANNUAL CONTRIBUTIONS FOR ASSISTED HOUSING 
(INCLUDING RESCISSION) 
For assistance under the United States Housing Act of 1937, as 
amended ("the Act" herein) (42 U.S.C. 1437), not otherwise provided 
for, $7,538,765,000, to remain available until expended: Provided, 
That of the new budget authority provided herein, $89,350,788 shall 
be for the development or acquisition cost of public housing for 
Indian families, including amounts for housing under the mutual 
help homeownership opportunity program (section 202 of the Act, as 
amended by section 2 of Public Law 100-358, approved June 29, 
1988); $343,347,300 shall be for the development or acquisition cost 
of public housing, including major reconstruction of obsolete public 
housing projects, other than for Indian families; $1,646,948,200 shall 
be for modernization of existing public housing projects pursuant to 
section 14 of the Act (42 U.S.C. 14371); $969,570,000 shall be for 
assistance under section 8 of the Act for projects developed for the 
elderly under section 202 of the Housing Act of 1959, as amended (12 
U.S.C. 1701q); $572,059,890 shall be for the section 8 existing housing 
certificate program (42 U.S.C. 14370; $368,473,610 shall be for the 
section 8 moderate rehabilitation program (42 U.S.C. 1437f), of 
which $45,000,000 is to be used to assist homeless individuals pursu-
ant to section 441 of the Stewart B. McKinney Homeless Assistance 
Act (Public Law 100-77); up to $307,430,000 shall be for section 8 
assistance for property disposition; and $1,354,937,780 shall be avail-
able for the housing voucher program under section 8(o) of the Act 
(42 U.S.C. 1437f(o)): Provided further. That of that portion of such 
budget authority under section 8(o) to be used to achieve a net 
increase in the number of dwelling units for assisted families, 
highest priority shall be given to assisting families who as a result of 
PUBLIC LAW 100-404—AUG. 19, 1988 
102 STAT. 1015 
rental rehabilitation actions are involuntarily displaced or who are 
or would be displaced in consequence of increased rents (wherever 
the level of such rents exceeds 35 percent of the adjusted income of 
such families, as defined in regulations promulgated by the Depart-
ment of Housing and Urban Development): Provided further, That 
up to $145,462,500 shall be for loan management under section 8 and 
that any amounts of budget authority provided herein that are used 
for loan management activities under section 8(bXl) (42 U.S.C. 
1437f(bXl)) shall not be obligated for a contract term that exceeds 
five years, notwithstanding the specification in section 8(v) of the 
Act that such term shall be 180 months: Provided further, That 
those portions of the fees for the costs incurred in administering 
incremental units assisted in the certificate and housing voucher 
programs under sections 80)) and 8(o), respectively, shall be estab-
lished or increased in accordance with the authorization for such 
fees in section 8(q) of the Act: Provided further. That of the 
$7,538,765,000 provided herein, $355,509,000 shall be used to assist 
handicapped families in accordance with section 202(h) (2), (3) and (4) 
of the Housing Act of 1959, as amended (12 U.S.C. 1701q), and 
$20,000,000 shall be for assistance under the Nehemiah housing 
opportunity program pursuant to section 612 of the Housing and 
Community Development Act of 1987 (Public Law 100-242) and the 
immediately aforementioned $20,000,000 shall not become available 
for obligation until July 1, 1989, and pursuant to section 202(b) of 
the Balanced Budget and Emergency Deficit Control Reaffirmation 
Act of 1987, this action is a necessary (but secondary) result of a 
significant policy change: Provided further. That amounts equal to 
all amounts of budget authority (and contract authority) reserved or 
obligated for the development or acquisition cost of public housing 
(excluding public housing for Indian families), for modernization of 
existing public housing projects (excluding such projects for Indian 
famiUes), and for programs under section 8 of the Act (42 U.S.C. 
1437f), which are recaptured during fiscal year 1989, shall be re-
scinded: Provided further, That notwithstanding the 20 percent 
limitation under section 5(jX2) of the Act, any part of the new budget 
authority for the development or acquisition costs of public housing 
other than for Indian families may, in the discretion of the Sec-
retary, based on applications submitted by public housing authori-
ties, be used for new construction or major reconstruction of obsolete 
public housing projects other than for Indian families: Provided 
Grants. 
further. That amounts equal to recaptured amounts for housing 
development grants shall be made available during 1989 on the 
terms specified in the sixth proviso under this head in the Depart-
ment of Housing and Urban Development appropriation for 1987 
(section 101(g) of Public Laws 99-500 and 99-591, 100 Stat. 1783, 
1783-242, and 3341.3341-242). 
RENTAL REHABILITATION GRANTS 
For the rental rehabilitation grants program, pursuant to section 
17(aXlXA) of the Housing Act of 1937, as amended (42 U.S.C. 1437o), 
$150,000,000, to remain available until September 30,1991. 
102 STAT. 1016 
PUBLIC LAW 100-404—AUG. 19, 1988 
RENTAL HOUSING ASSISTANCE 
(RESCISSION) 
The limitation otherwise applicable to the maximum payments 
that may be required in any fiscal year by all contracts entered into 
under section 236 of the National Housing Act (12 U.S.C. 1715z-l) is 
reduced in fiscal year 1989 by not more than $2,000,000 in un-
committed balances of authorizations provided for this purpose in 
appropriations Acts. 
HOUSING FOR THE ELDERLY OR HANDICAPPED FUND 
In fiscal year 1989, $480,106,000 of direct loan obligations may be 
made under section 202 of the Housing Act of 1959, as amended (12 
U.S.C. 170 Iq), utilizing the resources of the fund authorized by 
subsection (a)(4) of such section, in accordance with paragraph (C) of 
such subsection: Provided, That such commitments shall be avail-
able only to qualified nonprofit sponsors for the purpose of providing 
100 per centum loans for the development of housing for the elderly 
or handicapped, with any cash equity or other financial commit-
ments imposed as a condition of loan approval to be returned to the 
sponsor if sustaining occupancy is achieved in a resisonable period of 
time: Provided further, That the full amount shall be available for 
permanent financing (including construction financing) for housing 
projects for the elderly or handicapped: Provided further. That 25 
percent of the direct loan authority provided herein shall be used 
only for the purpose of providing loans for projects for the handi-
capped, with the mentally ill homeless handicapped receiving prior-
ity: Provided further. That the Secretary may borrow from the 
Secretary of the Treasury in such amounts as are necessary to 
provide the loans authorized herein: Provided further. That, not-
withstanding any other provision of law, the receipts and disburse-
ments of the aforesEud fund shall be included in the totals of the 
Budget of the United States Government: Provided further, That, 
12 use I70lq 
notwithstanding section 202(a)(3) of the Housing Act of 1959, loans 
"°*«- 
made in fiscal year 1989 shall bear an interest rate which does not 
exceed 9.25 per centum, including the allowance adequate in the 
judgment of the Secretary to cover administrative costs and prob-
able losses under the program. 
CONGREGATE SERVICES 
For contracts with and payments to public housing s^encies and 
nonprofit corporations for congregate services programs in accord-
ance with the provisions of the Congregate Housing Services Act of 
1978, $5,400,000, to remain available until September 30, 1990. 
PAYMENTS FOR OPERATION OF LOW-INCOME HOUSING PROJECTS 
For payments to public housing agencies and Indian housing 
authorities 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), $1,617,508,000. 
PUBLIC LAW 100-404—AUG. 19, 1988 
102 STAT. 1017 
HOUSING COUNSEUNG ASSISTANCE 
For contracts, grants, and other assistance, not otherwise provided 
for, for providing counseling and advice to tenants and home-
owners—both current and prospective—with respect to property 
maintenance, financial management, and such other matters as 
may be appropriate to assist them in improving their housing 
conditions and meeting the responsibilities of tenancy or 
homeownership, including provisions for training and for support of 
voluntary agencies and services £is authorized by section 
106(aXl)(iii), section 106(aX2), and section 106(c) of the Housing and 
Urban Development Act of 1968, as amended, $3,500,000. 
FLEXIBLE SUBSIDY FUND 
For assistance to owners of eligible multifamily housing projects 
insured, or formerly insured, under the National Housing Act, as 
amended, or which are otherwise eligible for assistance under sec-
tion 201(c) of the Housing and Community Development Amend-
ments of 1978, as amended (12 U.S.C. 1715z-la), in the program of 
assistance for troubled multifamily housing projects under the 
Housing and Community Development Amendments of 1978, as 
amended, all uncommitted balances of excess rental charges as of 
September 30, 1988, and any collections and other amounts in the 
fund authorized under section 201(i) of the Housing and Community 
Development Amendments of 1978, as amended, during fiscal year 
1989, to remain available until expended: Provided, That assistance 
to an owner of a multifamily housing project assisted, but not 
insured, under the National Housing Act may be made if the project 
owner and the mortgagee have provided or agreed to provide assist-
ance to the project in a manner as determined by the Secretary of 
Housing £uid Urban Development. 
EMERGENCY SHELTER GRANTS PROGRAM 
For the emergency shelter grants program, as authorized under 
subtitle B of title IV of the Stewart B. McKinney Homeless Assist-
ance Act (Public Law 100-77, 101 Stat. 482, 495), $46,500,000, to 
remain available until expended. 
TRANSITIONAL AND SUPPORTIVE HOUSING DEMONSTRATION PROGRAM 
For the transitional and supportive housing demonstration pro-
gram, as authorized under subtitle C of title IV of the Stewart B. 
McKinney Homeless Assistance Act (Public Law 100-77, 101 Stat. 
482,498), $80,000,000, to remain available until expended. 
INTERAGENCY COUNCIL ON THE HOMELESS 
For necessary expenses of the Interagency Council on the Home-
less, not otherwise provided for, as authorized by title II of the 
Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 11311-
11319), $1,100,000, to remain available until expended: Provided, 
That the Council shall carry out its duties in the 10 standard 
Federal regions under section 203(a)(4) of such Act only through 42 U
S
C 11313 
detail, on a non-reimbursable basis, of employees of the departments "ote. 
and agencies represented on the Council pursuant to section 202(a) 
of such Act. 
102 STAT. 1018 
PUBLIC LAW 100-404—AUG. 19, 1988 
FEDERAL HOUSING ADMINISTRATION FUND 
For payment to cover losses, not otherwise provided for, sustained 
by the Special Risk Insurance Fund and General Insurance Fund as 
authorized by the National Housing Act, as amended (12 U.S.C. 
1715z-3(b) and 1735c(f)), $237,720,000, to remain available until 
expended. 
Loans. 
During fiscal year 1989, within the resources available, gross 
obligations for direct loans are authorized in such amounts as may 
be necessary to carry out the purposes of the National Housing Act, 
as amended. 
During fiscal year 1989, additional commitments to guarantee 
loans to carry out the purposes of the National Housing Act, as 
amended, shall not exceed a loan principal of $96,000,000,000. 
During fiscal year 1989, gross obligations for direct loans of not to 
exceed $103,350,000 are authorized for payments under section 
230(a) of the National Housing Act, as amended, from the insurance 
fund chargeable for benefits on the mortgage covering the property 
to which the payments made relate, and payments in connection 
with such obligations are hereby approved. 
NONPROFIT SPONSOR ASSISTANCE 
During fiscal year 1989, within the resources and authority avail-
able, gross obligations for the principal amounts of direct loans shall 
not exceed $960,000. 
GOVERNMENT NATIONAL MORTGAGE ASSOCIATION 
GUARANTEES OF MORTGAGE-BACKED SECURITIES 
During fiscal year 1989, new commitments to issue guarantees to 
carry out the purposes of section 306 of the National Housing Act, as 
amended (12 U.S.C. 1721g), shall not exceed $144,000,000,000 of loan 
principal. 
COMMUNITY PLANNING AND DEVELOPMENT 
COMMUNITY DEVELOPMENT GRANTS 
(INCLUDING TRANSFERS OF FUNDS) 
For grants to States and units of general local government and for 
related expenses, not otherwise provided for, necessary for carrying 
out a community development grants program as authorized by title 
I of the Housing and Community Development Act of 1974, as 
amended (42 U.S.C. 5301), $3,000,000,000, to remain available until 
September 30, 1991, of which $200,000,000 shall be derived by trans-
fer from the unobligated balances in the "Rehabilitation loan fund" 
and $150,000,000 shall be derived by transfer from the unobligated 
balances in the "Flexible subsidy fund": Provided, That not to 
exceed 20 per centum of any grant made with funds appropriated 
herein (other than a grant using funds set aside in the following 
proviso) shall be expended for "Planning and Management Develop-
ment" and "Administration" as defined in regulations promulgated 
by the Department of Housing and Urban Development: Provided 
,.; 
further, That $5,000,000 shall be made available from the foregoing 
$3,000,000,000 to carry out a child care demonstration under section 
222 of the Housing and Urban-Rural Recovery Act of 1983, as 
PUBLIC LAW 100-404—AUG. 19, 1988 
102 STAT. 1019 
amended (12 U.S.C. 1701z-6 note): Provided further, That $2,000,000 
shall be made available from the foregoing $3,000,000,000 to carry 
out a neighborhood development demonstration under section 123 
of the Housing and Urban-Rural Recovery Act of 1983 (Public 
Law 98-181). 
During fiscal year 1989, total commitments to guarantee loans, as 
authorized by section 108 of the Housing and Community Develop-
ment Act of 1974, as amended (42 U.S.C. 5301), shall not exceed 
$144,000,000 of contingent liability for loan principal. 
For purposes of administering its community development block Pennsylvania. 
grant program for nonentitlement areas under section 106(d) of the 
Housing and (Community Development Act of 1974 (42 U.S.C. 
5306(d)), the State of Pennsylvania may, with respect to funds 
provided in appropriations Acts for fiscal years 1987 and 1988, 
continue to utilize the data on low and moderate income populations 
that were utilized by the State with respect to funds provided in 
appropriations Acts for fiscal year 1986. 
Section 105(c)(2)(A) of the Housing and Community Development 
Act of 1974 is amended by striking out "or" immediately before 42 use 5305. 
"(ii)" and inserting at the end thereof before the period the 
following: 
"; or (iii) the assistance for such activity is limited to paying Real property, 
assessments (including any charge made as a condition of 
obtaining access) levied against properties owned and occupied 
by persons of low and moderate income to recover the capited 
cost for a public improvement". 
REHABILITATION LOAN FUND 
During fiscal year 1989, collections, unexpended balances of prior 
appropriations (including any recoveries of prior reservations) and 
any other amounts in the revolving fund established pursuant to 
section 312 of the Housing Act of 1964, as amended (42 U.S.C. 1452b), 
after September 30,1988, are available and may be used for commit-
ments for loans and operating costs and the capitalization of delin-
quent interest on delinquent or defaulted loans notwithstanding 
section 312(h) of such Act: Provided, That none of the funds in this 
Act may be used to sell any loan asset that the Secretary holds as 
evidence of indebtedness under such section 312. 
URBAN HOMESTEADING 
For reimbursement to the Federal Housing Administration Fund 
or the Rehabilitation Loan Fund for losses incurred under the urban 
homesteading program (12 U.S.C. 1706e), and for reimbursement to 
the Administrator of Veterans Affairs and the Secretary of Agri-
culture for properties conveyed by the Administrator of Veterans 
Affairs and the Secretary of Agriculture, respectively, for use in 
connection with an urban homesteading program approved by the 
Secretary of Housing and Urban Development pursuant to section 
810 of the Housing and Community Development Act of 1974, as 
amended, $13,200,000, to remain available until expended. 
ASSISTANCE FOR SOLAR AND CONSERVATION IMPROVEMENTS 
All funds recaptured from the amount appropriated under this 
head in the Department of Housing and Urban Development-
Independent Agencies Appropriations Act, 1988 (section 101(f), 
102 STAT. 1020 
PUBLIC LAW 100-404—AUG. 19, 1988 
Public Law 100-202) to remain available until September*50, 1989, 
shall likewise remain available to the Department of Housing and 
Urban Development for obligation until September 30,1989. 
POLICY DEVELOPMENT AND RESEARCH 
RESEARCH AND TECHNOLOGY 
For contracts, grants, and necessary expenses of programs of 
research and studies relating to housing and urban problems, not 
otherwise provided for, as authorized by title V of the Housing and 
Urban Development Act of 1970, as amended (12 U.S.C. 1701z-l et 
seq.), including carrying out the functions of the Secretary under 
section l(a)(l)(i) of Reorganization Plan No. 2 of 1968, $17,200,000, of 
which not less than $1,200,000 shall be available for lead-based paint 
studies, with all funds to remain available until September 30, 1990. 
FAIR HOUSING AND EQUAL OPPORTUNITY 
FAIR HOUSING ACTIVITIES 
For contracts, grants, and other assistance, not otherwise provided 
for, as authorized by title VIII of the Civil Rights Act of 1968, as 
amended, and section 561 of the Housing and Community Develop-
ment Act of 1987, $10,000,000, to remain available until September 
30,1990: Provided, That not less than $5,000,000 shall be available to 
carry out activities pursuant to section 561 of the Housing and 
Community Development Act of 1987. 
MANAGEMENT AND ADMINISTRATION 
SALARIES AND EXPENSES 
(INCLUDING TRANSFER OF FUNDS) 
For necessary administrative and nonadministrative expenses of 
the Department of Housing and Urban Development, not otherwise 
provided for, including not to exceed $4,000 for official reception and 
representation expenses, $716,609,000, of which $381,528,000 shall be 
provided from the various funds of the Federal Housing Administra-
tion: Provided, That during fiscal year 1989, notwithstanding any 
other provision of law, the Department of Housing and Urban 
Development shall maintain an average employment of at least 
1,365 for Public and Indian Housing Programs. 
ADMINISTRATIVE PROVISIONS 
Section 119(d)(5) of the Housing and Community Development Act 
42 use 5318. 
of 1974 is amended by adding at the end thereof the following: 
Grants. 
"(C) Notwithstanding any other provision of this section, in 
Urban areas. 
each competition for grants under this section, no city or urban 
county may be awarded a grant or grants in an amount in 
excess of $10,000,000 until all cities and urban counties which 
submitted fundable applications have been awarded a grant. If 
funds are available for additional grants after each city and 
urban county submitting a fundable application is awarded one 
or more grants under the preceding sentence, then additional 
grants shall be made so that each city or urban county that has 
PUBLIC LAW 100-404—AUG. 19, 1988 
102 STAT. 1021 
submitted multiple applications is awarded one additional grant 
in order of ranking, with no single city or urban county receiv-
ing more than one grant approval in any subsequent series of 
grant determinations within the same competition. 
"(D) All grants under this section, including grants to cities 
and urban counties described in subsection (b)(2), shall be 
awarded in accordance with subparagraph (C) so that all grants 
under this section are made in order of ranking.". 
None of the funds provided in this Act or heretofore provided may 
42 use 4822 
be used to implement or enforce the regulations promulgated by the 
note. 
Department of Housing and Urban Development on June 6, 1988, 
with respect to the testing and abatement of lead-based paint in 
public housing until the Secretary develops comprehensive technical 
guidelines on reliable testing protocols, safe and effective abatement 
techniques, cleanup methods, and acceptable post-abatement lead 
dust levels. 
TITLEII 
INDEPENDENT AGENCTES 
AMERICAN BATTLE MONUMENTS COMMISSION 
SALARIES AND EXPENSES 
For necessary expenses, not otherwise provided for, of the Amer-
ican Battle Monuments Commission, including the acquisition of 
land or interest in land in foreign countries; purchases and repair of 
uniforms for caretakers of national cemeteries and monuments 
outside of the United States and its territories and possessions; rent 
of office and garage space in foreign countries; purchase (one for 
replacement only) and hire of passenger motor vehicles; and insur-
ance of official motor vehicles in foreign countries, when required by 
law of such countries; $15,085,000, of which $829,000 shall be depos-
ited in the account known as the "Foreign Currency Fluctuations, 
American Battle Monuments Commission Account", authorized by 
section 345, Public Law 100-322: Provided, That where station 
36 use I2lb. 
allowance heis been authorized by the Department of the Army for 
officers of the Army serving the Army at certain foreign stations, 
the same allowance shall be authorized for officers of the Armed 
Forces assigned to the Commission while serving at the same foreign 
stations, and this appropriation is hereby made available for the 
payment of such allowance: Provided further, That when traveling 36 use 122. 
on business of the Commission, officers of the Armed Forces serving 
as members or as Secretary of the Commission may be reimbursed 
for expenses as provided for civilian members of the Commission: 
Provided further. 
That the Commission shall reimburse other 36 use I22a. 
Government agencies, including the Armed Forces, for salary, pay, 
and allowances of personnel assigned to it: Provided further. That 
section 409 of the general provisions carried in title IV of this Act 
shall not apply to the funds provided under this heading: Provided 
further. That not more than $125,000 of the private contributions to 
the Korean War Memorial Fund may be used for administrative 
support of the Korean War Veterans Memorial Advisory Board 
including travel by members of the board authorized by the Commis-
sion, travel allowances to conform to those provided by Federal 
Travel regulations. 
102 STAT. 1022 
PUBLIC LAW 100-404—AUG. 19, 1988 
CONSUMER PRODUCT SAFETY COMMISSION 
SALARIES AND EXPENSES 
For necessary expenses of the Consumer Product Safety Commis-
sion, including hire of passenger motor vehicles, services as au-
thorized by 5 U.S.C. 3109, but at rates for individuals not to exceed 
the per diem rate equivalent to the rate for GS-18, and not to exceed 
$500 for official reception and representation expenses, $34,500,000: 
Provided, That no more than $308,500 of these funds shall be 
available for personnel compensation and benefits for the Commis-
sioners of the Consumer Product Safety Commission appointed 
pursuant to 15 U.S.C. 2053. 
DEPARTMENT OP DEFENSE—CIVIL 
CEMETERIAL EXPENSES, ARMY 
SALARIES A N D EXPENSES 
For necessary expenses, as authorized by law, for maintenance, 
operation, and improvement of Arlington National Cemetery and 
Soldiers' and Airmen's Home National Cemetery, including the 
purchase of three p£issenger motor vehicles for replacement only, 
and not to exceed $1,000 for official reception and representation 
expenses; $13,195,000, to remain available until expended. 
ENVIRONMENTAL PROTECTION AGENCY 
SALARIES AND EXPENSES 
For necessary expenses, not otherwise provided for, including hire 
of passenger motor vehicles; hire, maintenance, and operation of 
aircraft; uniforms, or allowances therefor, as authorized by 5 U.S.C. 
5901-5902; services as authorized by 5 U.S.C. 3109, but at rates for 
individuals not to exceed the per diem rate equivalent to the rate for 
GS-18; purchase of reprints; library memberships in societies or 
associations which issue publications to members only or at a price 
to members lower than to subscribers who are not members; 
construction, alteration, repair, rehabilitation, and renovation of 
facilities, not to exceed $25,000 per project; and not to exceed $3,000 
for official reception and representation expenses; $804,000,000: Pro-
vided, That of the total sums appropriated, the amount of program 
activities which can be financed by the licensing and other services 
special fund shall be derived from that fund: Provided further, That 
none of these funds may be expended for purposes of Resource 
Conservation and Recovery Panels established under section 2003 of 
the Resource Conservation and Recovery Act, as amended (42 U.S.C. 
6913). 
RESEARCH AND DEVELOPMENT 
For research and development activities, $202,500,000, to remain 
available until September 30, 1990: Provided^ That not more than 
$2,000,000 of these funds shall be available for replacement of 
laboratory equipment. 
PUBLIC LAW 100-404—AUG. 19, 1988 
102 STAT. 1023 
ABATEMENT, CONTROL, AND COMPLIANCE 
For abatement, control, and compliance activities, $715,625,000, to 
remain available until September 30, 1990: Provided, That not more 
than $2,500,000 shall be available for administrative expenses to 
carry out the Asbestos School Hazards Abatement Act of 1984, as 
amended: Provided further. That none of the funds appropriated 
under this head shall be available to the National Oceanic and 
Atmospheric Administration pursuant to section 118(h)(3) of the 
Federal Water Pollution Control Act, as amended: Provided further. 
That none of these funds may be expended for purposes of Resource 
Conservation and Recovery Panels established under section 2003 of 
the Resource Conservation and Recovery Act, as amended (42 U.S.C. 
6913), or for support to State, regional, local and interstate agencies 
in accordance with subtitle D of the Solid Weiste Disposal Act, as 
amended, other than section 4008(a)(2) or 4009 (42 U.S.C. 6948, 6949). 
BUILDINGS AND FACIUTIES 
For construction, repair, improvement, extension, alteration, and 
purchase of fixed equipment for facilities of, or use by, the Environ-
mental Protection Agency, $8,000,000, to remain available until 
expended. 
HAZARDOUS SUBSTANCE SUPERFUND 
For necessary expenses to carry out the Comprehensive Environ-
mental Response, Compensation, and Liability Act of 1980 
(CERCLA), as amended, including sections 111 (c)(3), (cX5), (c)(6), and 
(e)(4) (42 U.S.C. 9611), $1,425,000,000, to be derived from the Hazard-
ous Substance Superfund, consisting of $1,275,000,000 as authorized 
by section 517(a) of the Superfund Amendments and Reauthoriza-
tion Act of 1986 (SARA) and $150,000,000 as a payment from general 
revenues to the Hazardous Substance Superfund as authorized by 
section 517(b) of SARA, with all of such funds to remain available 
until expended: Provided, That funds appropriated under this head-
ing may be allocated to other Federal agencies in accordance with 
section 111(a) of CERCLA, as amended: Provided further. That, 
notwithstanding section lll(m) of CERCLA, as amended, or any 
other provision of law, not to exceed $44,500,000 of the funds appro-
priated under this heading shall be available to the Agency for Toxic 
Substances and Disease Registry to carry out activities described in 
sections 104(i), lll(cX4), and lll(cX14) of CERCLA and section 118(f) 
of the Superfund Amendments and Reauthorization Act of 1986: 
Provided further. That none of the funds appropriated under this 
heading shall be available for the Agency for Toxic Substances and 
Disease Registry to issue in excess of 40 toxicological profiles pursu-
ant to section 104(i) of CERCLA, as amended, during fiscal year 
1989: Provided further, That no more than $190,000,000 of these 
funds shall be available for administrative expenses. 
LEAKING UNDERGROUND STORAGE TANK TRUST FUND 
m 
For necessary expenses to carry out leaking underground storage 
tank cleanup activities authorized by section 205 of the Superfund 
Amendments and Reauthorization Act of 1986, $50,000,000, to 
remain available until expended: Provided, That no more than 
$5,000,000 shall be available for administrative expenses. 
102 STAT. 1024 
PUBLIC LAW 100-404—AUG. 19, 1988 
CONSTRUCTION GRANTS 
For necessary expenses to carry out the purposes of the Federal 
Water Pollution Control Act, as amended, and the Water Quality 
Act of 1987, $1,950,000,000, to remain available until expended, of 
which $941,000,000 shall be for title II (other than sections 
201(m)(l-3), 201(n)(2), 206, 208, and 209) of the Federal Water Pollu-
tion Control Act, as amended; $941,000,000 shall be for title VI of the 
Federal Water Pollution Control Act, as amended; and $68,000,000 
shall be for title V of the Water Quality Act of 1987, consisting of 
$20,000,000 for section 510, $3,000,000 for section 512, $25,000,000 for 
section 513, and $20,000,000 for section 515. 
ADMINISTRATIVE PROVISION 
None of the funds in this Act shall be available for any indemnity 
payment under section 15 of the Federal Insecticide, Fungicide, and 
Rodenticide Act. 
EXECUTIVE OFFICE OF THE PRESIDENT 
COUNCIL ON ENVIRONMENTAL QUALITY AND OFFICE OF 
ENVIRONMENTAL QUALITY 
For necessary expenses of the Council on Environmental Quality 
and the Office of Environmental Quality, in carrying out their 
functions under the National Environmental Policy Act of 1969 
(Public Law 91-190), the Environmental Quality Improvement Act 
of 1970 (Public Law 91-224), and Reorganization Plan No. 1 of 1977, 
including not to exceed $500 for official reception and representa-
tion expenses, and hire of passenger motor vehicles, $850,000: Pro-
vided, That not to exceed $290,000 of these funds shall be available 
for obligation in the first four months of 
fiscal 
year 1989. 
OFFICE OF SCIENCE AND TECHNOLOGY POUCY 
For necessary expenses of the Office of Science and Technology 
Policy, in carrying out the purposes of the National Science and 
Technology Policy, Organization, and Priorities Act of 1976 (42 
U.S.C. 6601 and 6671), hire of passenger motor vehicles, services as 
authorized by 5 U.S.C. 3109, not to exceed $1,500 for official recep-
tion and representation expenses, and rental of conference rooms in 
the District of Columbia, $1,587,000: Provided, That the Office of 
Science and Technology Policy shall reimburse other agencies for 
not less than one-half of the personnel compensation costs of individ-
uals detailed to it: Provided further. That not to exceed $400,000 of 
these funds shall be available for obligation in the first four months 
of fiscal year 1989. 
FEDERAL EMERGENCY MANAGEMENT AGENCY 
DISASTER RELIEF 
For necessary expenses in carrjdng out the functions of the Disas-
ter Relief Act of 1974, as amended (42 U.S.C. 5121 et seq.), 
$100,000,000, to remain available until expended. 
PUBLIC LAW 100-404—AUG. 19, 1988 
102 STAT. 1025 
SALARIES AND EXPENSES 
For necessary expenses, not otherwise provided for, including hire 
and purchase of motor vehicles (31 U.S.C. 1343); uniforms, or allow-
ances therefor, as authorized by 5 U.S.C. 5901-5902; services as 
authorized by 5 U.S.C. 3109, but at rates for individuals not to 
exceed the per diem rate equivalent to the rate for GS-18; expenses 
of attendance of cooperating officials and individuals at meetings 
concerned with the work of emergency preparedness; transportation 
in connection with the continuity of Government program to the 
same extent and in the same manner as permitted the Secretary of a 
Military Department under 10 U.S.C. 2632; and not to exceed $1,500 
for official reception and representation expenses, $137,274,000. 
EMERGENCY MANAGEMENT PLANNING AND ASSISTANCE 
For necessary expenses, not otherwise provided for, to carry out 
activities under the National Flood Insurance Act of 1968, as 
amended, and the Flood Disaster Protection Act of 1973, as amended 
(42 U.S.C. 4001 et seq.), the Disaster Relief Act of 1974, as amended 
(42 U.S.C. 5121 et seq.), the Earthquake Hazards Reduction Act of 
1977, as amended (42 U.S.C. 7701 et seq.), the Federal Fire Preven-
tion and Control Act of 1974, as amended (15 U.S.C. 2201 et seq.), the 
Federal Civil Defense Act of 1950, as amended (50 U.S.C. App. 2251 
et seq.), the Defense Production Act of 1950, as amended (50 U.S.C. 
App. 2061 et seq.), section 103 of the National Security Act (50 U.S.C. 
404), and Reorganization Plan No. 3 of 1978, $282,438,000. 
NATIONAL FLOOD INSURANCE FUND 
(TRANSFERS OF FUNDS) 
Of the funds available from the National Flood Insurance Fund 
for activities under the National Flood Insurance Act of 1968, and 
the Flood Disaster Protection Act of 1973, $10,178,000 shall, upon 
enactment of this Act, be transferred to the "Salaries and expenses" 
appropriation for administrative costs of the insurance and flood 
plain management programs and $43,200,000 shall, upon enactment 
of this Act, be transferred to the "Emergency management planning 
and £issistance" appropriation for flood plain management activities, 
including $2,720,000 for expenses under section 1362 of the National 
Flood Insurance Act of 1968, as amended (42 U.S.C. 4103, 4127), 
which amount shall be available until September 30, 1990. In fiscal 
year 1989, no funds in excess of (1) $36,000,000 for operating ex-
penses, (2) $169,003,000 for agents' commissions and taxes, and (3) 
$3,500,000 for interest on Treasury borrowings shall be available 
from the National Flood Insurance Fund without prior notice to the 
Committees on Appropriations. 
EMERGENCY FOOD AND SHELTER PROGRAM 
There is hereby appropriated $114,000,000 to the Federal Emer-
gency Management Agency to carry out an emergency food and 
shelter program pursuant to title III of Public Law 100-77: Provided, 
That total administrative costs shall not exceed three and one-half 
per centum of the total appropriation. 
102 STAT. 1026 
PUBLIC LAW 100-404—AUG. 19, 1988 
GENERAL SERVICES ADMINISTRATION 
CONSUMER INFORMATION CENTER 
For necessary expenses of the Consumer Information Center, 
including services authorized by 5 U.S.C. 3109, $1,354,000, to be 
deposited into the Consumer Information Center Fund: Provided, 
That the appropriations, revenues and collections deposited into the 
fund shall be available for necessary expenses of Consumer Informa-
tion Center activities in the aggregate amount of $5,200,000. 
Administrative expenses of the Consumer Information Center in 
fiscal year 1989 shall not exceed $1,736,000. Appropriations, reve-
nues and collections accruing to this fund during fiscal year 1989 in 
excess of $5,200,000 shall remain in the fund and shall not be 
available for expenditure except as authorized in appropriations 
Acts. 
DEPARTMENT OF HEALTH AND HUMAN SERVICES 
OFFICE OF CONSUMER AFFAIRS 
For necessary expenses of the Office of Consumer Affairs, includ-
ing services authorized by 5 U.S.C. 3109, $1,708,000. 
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 
RESEARCH AND DEVELOPMENT 
(INCLUDING RESCISSION OF FUNDS) 
For necessary expenses, not otherwise provided for, including 
research, development, operations, services, minor construction, 
maintenance, repair, rehabilitation and modification of real and 
personal property; purchase, hire, maintenance, and operation of 
other than administrative aircraft, necessary for the conduct and 
support of aeronautical and space research and development activi-
ties of the National Aeronautics and Space Administration; 
$4,191,700,000, to remain available until September 30, 1990, of 
which $900,000,000 is for the space station program only: Provided, 
That $515,000,000 of the $900,000,000 for the space station program 
shall not become available for obligation until May 15, 1989, and 
pursuant to section 202(b) of the Balanced Budget and Emergency 
Deficit Control Reaffirmation Act of 1987, this action is a necessary 
(but secondary) result of a significant policy change: Provided fur-
ther. That the aforementioned $515,000,000 shall become available 
unless the President submits a special message after February 1, 
1989, notifying the Congress that such funds will not be made 
available for the space station program. 
Of the funds appropriated under this head in the Department of 
Housing and Urban Development—Independent Agencies Appro-
priations Act, 1988 (H.R. 2783), as enacted under the provision of 
section 101(f) of Public Law 100-202, an Act making further 
continuing appropriations for the fiscal year ending September 30, 
1988, $25,000,000 are rescinded. 
SPACE FLIGHT, CONTROL AND DATA COMMUNICATIONS 
For necessary expenses, not otherwise provided for; in support of 
space flight, spacecraft control and communications activities of the 
PUBLIC LAW 100-404—AUG. 19, 1988 
102 STAT. 1027 
National Aeronautics and Space Administration, including oper-
ations, production, services, minor construction, maintenance, 
repair, rehabilitation, and modification of real and personal prop-
erty; tracking and data relay satellite services as authorized by law; 
purchase, hire, maintenance and operation of other than adminis-
trative aircraft; $4,364,200,000: Provided, That, notwithstanding any 
provision of this or any other Act, not to exceed $100,000,000 may be 
transferred to the National Aeronautics and Space Administration 
in fiscal year 1989 from any funds appropriated to the Department 
of Defense and such funds may only be transferred to the "Space 
flight, control and data communications" appropriation for space 
shuttle operations: Provided further. That the transfer limitation in 
the immediately preceding proviso shall not apply to funds trans-
ferred for advanced launch systems or under existing reimburse-
ment arrangements: Provided further, That the funds appropriated 
under this heading are, together with funds permitted to be trans-
ferred hereunder, to remain available until September 30, 1990. 
CONSTRUCTION OF FACIUTIES 
For construction, repair, rehabilitation and modification of facili-
ties, minor construction of new facilities and additions to existing 
facilities, and for facility planning and design not otherwise pro-
vided, for the National Aeronautics and Space Administration, and 
for the acquisition or condemnation of real property, as authorized 
by law, $270,100,000, to remain available until September 30, 1991: 
Provided, That, notwithstanding the limitation on the availability of 
funds appropriated under this heading by this appropriations Act, 
when any activity has been initiated by the incurrence of obligations 
therefor, the amount available for such activity shall remain avail-
able until expended, except that this provision shall not apply to the 
amounts appropriated pursuant to the authorization for repair, 
rehabilitation and modification of facilities, minor construction of 
new facilities and additions to existing facilities, and facility plan-
ning and design: Provided further. That no amount appropriated Contracts, 
pursuant to this or any other Act may be used for the lease or 
construction of a new contractor-funded facility for exclusive use in 
support of a contract or contracts with the National Aeronautics 
and Space Administration under which the Administration would 
be required to substantially amortize through payment or re-
imbursement such contractor investment, unless an appropriations 
Act specifies the lease or contract pursuant to which such facilities 
are to be constructed or leased or such facility is otherwise identified 
in such Act: Provided further. That the Administrator may au-
thorize such facility lease or construction, if he determines, in 
consultation with the Committees on Appropriations, that deferral 
of such action until the enactment of the next appropriations Act 
would be inconsistent with the interest of the Nation in aeronautical 
and space activities: Provided further. That in addition to sums 
otherwise provided by this paragraph, an additional $20,000,000, to 
remain available until expended: Provided further. That up to 
$30,000,000 of the funds provided by this paragraph may be trans-
ferred to and merged with sums appropriated for "Research and 
development" and/or "Research and program management". 
102 STAT. 1028 
PUBLIC LAW 100-404—AUG. 19, 1988 
SCIENCE, SPACE, AND TECHNOLOGY EDUCATION TRUST FUND 
42 use 2467. 
There is appropriated, by transfer from funds appropriated in this 
Act for "Construction of facilities", the sum of $15,000,000 to the 
"Science, Space, and Technology Education Trust Fund" which is 
hereby established in the Treasury of the United States: Provided, 
That the Secretary shall invest such funds in the United States 
Treasury special issue securities, that such interest shall be credited 
to the Trust Fund on a quarterly basis, and that such interest shall 
be available for the purpose of making grants for programs directed 
at improving science, space, and technology education in the United 
States: Provided further. That the Administrator of the National 
Aeronautics and Space Administration, after consultation with the 
Director of the National Science Foundation, shall review applica-
tions made for such grants and determine the distribution of such 
Grants. 
available funds on a competitive basis: Provided further, That such 
grants shall be made available to any awardee only to the extent 
that said awardee provides matching funds from non-Federal 
sources to carry out the program for which grants from this Trust 
Fund are made: Provided further, That of the funds made available 
by this Trust Fund, $250,000 shall be disbursed each calendar 
quarter for a ten-year period to the Challenger Center for Space 
Reports. 
Science Education: Provided further, That the Administrator of the 
National Aeronautics and Space Administration shall submit to the 
Congress an annual report on the grants made pursuant to this 
paragraph. 
RESEARCH AND PROGRAM MANAGEMENT 
For necessary expenses of research in Government laboratories, 
management of programs and other activities of the National Aero-
nautics and Space Administration, not otherwise provided for, 
including uniforms or allowances therefor, as authorized by law (5 
U.S.C. 5901-5902); awards; lease, hire, purchase of one aircraft for 
replacement only (for which partial payment may be made by 
exchange of at least one existing administrative aircraft and such 
other existing aircraft as may be considered appropriate), mainte-
nance and operation of administrative aircraft; purchase (not to 
exceed thirty-three for replacement only) and hire of passenger 
motor vehicles; and maintenance and repair of real and personal 
property, and not in excess of $100,000 per project for construction of 
new facilities and additions to existing facilities, repairs, and re-
Contracts, 
habilitation and modification of facilities; $1,855,000,000: Provided, 
That contracts may be entered into under this appropriation for 
maintenance and operation of facilities, and for other services, to be 
provided during the next fiscal year: Provided further. That not to 
exceed $35,000 of the foregoing amount shall be available for sci-
entific consultations or extraordinary expense, to be expended upon 
the approval or authority of the Administrator and his determina-
tion shall be final and conclusive. 
NATIONAL CREDIT UNION ADMINISTRATION 
. 
CENTRAL LIQUIDITY FACILITY 
During fiscal year 1989, gross obligations of the Central Liquidity 
Facility for the principal amount of new direct loans to member 
credit unions as authorized by the National Credit Union Central 
PUBLIC LAW 100-404—AUG. 19,1988 
102 STAT. 1029 
Liquidity Facility Act (12 U.S.C. 1795) shall not exceed $600,000,000: 
Provided, That administrative expenses of the Central Liquidity 
Facility in fiscal year 1989 shall not exceed $880,000. 
NATIONAL SCIENCE FOUNDATION 
RESEARCH AND RELATED ACTIVITIES 
For necessary expenses in carrying out the purposes of the 
National Science Foundation Act of 1950, as amended (42 U.S.C. 
1861-1875), and the Act to establish a National Medal of Science (42 
U.S.C. 1880-1881); services as authorized by 5 U.S.C. 3109; mainte-
nance and operation of aircraft and purchase of flight services for 
research support; acquisition of one aircraft; hire of passenger motor 
vehicles; not to exceed $2,500 for official reception and representa-
tion expenses; uniforms or allowances therefor, as authorized by law 
(5 U.S.C. 5901-5902); rental of conference rooms in the District of 
Columbia; and reimbursement of the General Services Administra-
tion for security guard services; $1,583,000,000, to remain available 
until September 30, 1990: Provided, That of the funds appropriated 
in this Act, $900,000 shall be available only for the International 
Institute for Applied Systems Analysis, and that, notwithstanding 
any other provision of law, the Director may choose not to obligate 
these funds for that purpose: Provided further. That of the funds 
appropriated in this Act, or from funds appropriated previously to 
the Foundation, not more than $90,550,000 shall be available for 
program development and management in fiscal year 1989: Provided 
further, That none of the funds appropriated in this Act may be 
used, directly or through grants, contracts, or other awards mecha-
nisms, for agreements executed after enactment of this Act, to pay 
or to provide reimbursement for the Federal portion of the salary of 
any individual functioning as a Federal employee at more than the 
daily equivalent of the maximum rate paid for ES-6 for assignments 
to Senior Executive Service positions, unless specifically authorized 
by law: Provided further. That notwithstanding the preceding pro-
viso, none of the funds appropriated in this Act may be used to pay 
the salary of any individual functioning as a Federal employee, or 
any other individual, through a grant or grants at a rate in excess of 
$95,000 per year: Provided further, That contracts may be entered 
Contracts, 
into under the progreim development and management limitation in 
fiscal year 1989 for maintenance and operation of facilities, and for 
other services, to be provided during the next fiscal year: Provided 
further. That receipts for scientific support services and materials 
furnished by the National Research Centers and other National 
Science Foundation supported research facilities may be credited to 
this appropriation: Provided further. That of the funds appropriated 
in this Act, not more than $73,480,000 shall be avedlable for ad-
vanced scientific computing, networking and communications re-
search and infrastructure: Provided further. That none of the funds 
appropriated in this Act may be made available for a new academic 
research facilities program: Provided further. That to the extent 
that the amount appropriated is less than the total amount au-
thorized to be appropriated for included program activities, all 
amounts, including floors and ceilings, specified in the authorizing 
Act for those program activities or their subactivities shall be 
reduced proportionally. 
102 STAT. 1030 
PUBLIC LAW 100-404—AUG. 19, 1988 
UNITED STATES ANTARCTIC PROGRAM ACTIVITIES 
For necessary expenses in carrying out the research and oper-
ational support for the United States Antarctic Program pursuant 
to the National Science Foundation Act of 1950, as amended (42 
U.S.C. 1861-1875); maintenance and operation of aircraft and pur-
chase of flight services for research and operations support; mainte-
nance and operation of research ships and charter or lease of ships 
for research and operations support; hire of passenger motor ve-
hicles; not to exceed $1,000 for official reception and representation 
expenses; $131,000,000, to remain available until expended: Pro-
vided, That receipts for support services and materials provided for 
non-Federal activities may be credited to this appropriation: Pro-
vided further, That no funds in this account shall be used for the 
purchase of aircraft other than ones transferred from other Federal 
agencies: Provided further. That no funds in this Act shall be used to 
acquire or lease a research vessel with ice-breaking capability built 
by a shipyard located in a foreign country if such a vessel of tJnited 
States origin can be obtained at a cost no more than 50 per centum 
above that of the least expensive technically acceptable foreign 
vessel bid: Provided further, That, in determining the cost of such a 
vessel, such cost be increased by the amount of any subsidies or 
financing provided by a foreign government (or instrumentality 
thereof) to such vessel's construction: Provided further. That a new 
competitive solicitation for such vessel shall be conducted: Provided 
further, That if the vessel contracted for pursuant to the foregoing is 
not available for the 1989-1990 austral summer Antarctic season, a 
vessel of any origin may be leased for a period of not to exceed 120 
days for that season and each season thereafter until delivery of the 
new vessel: Provided further. That the preceding four provisos shall 
not apply to appropriated funds used for the lease of the vessel 
POLAR DUKE. 
SCIENCE EDUCATION ACTIVITIES 
For necessary expenses in carrying out science and engineering 
education programs and activities pursuant to the purposes of the 
National Science Foundation Act of 1950, as amended (42 U.S.C. 
1861-1875), including services as authorized by 5 U.S.C. 3109 and 
rental of conference rooms in the District of Columbia, $171,000,000, 
to remain available until September 30, 1990: Provided, That to the 
extent that the amount of this appropriation is less than the total 
amount authorized to be appropriated for included program activi-
ties, all amounts, including floors and ceilings, specified in the 
authorizing Act for those program activities or their subactivities 
shall be reduced proportionally. 
NEIGHBORHOOD REINVESTMENT CORPORATION 
PAYMENT TO THE NEIGHBORHOOD REINVESTMENT CORPORATION 
For payment to the Neighborhood Reinvestment Corporation for 
use in neighborhood reinvestment activities, as authorized by the 
Neighborhood Reinvestment Corporation Act (42 U.S.C. 8101-8107), 
$19,494,000. 
PUBLIC LAW 100-404—AUG. 19, 1988 
102 STAT. 1031 
SELECTIVE SERVICE SYSTEM 
SALARIES AND EXPENSES 
For necessary expenses of the Selective Service System, including 
expenses of attendance at meetings and of training for uniformed 
personnel assigned to the Selective Service System, as authorized by 
law (5 U.S.C. 4101-4118) for civilian employees; and not to exceed 
$1,000 
for 
official 
reception 
and 
representation 
expenses; 
$26,313,000: Provided, That during the current fiscal year, the Presi-
dent may exempt this appropriation from the provisions of 31 U.S.C. 
1341, whenever he deems such action to be necessary in the interest 
of national defense: Provided further, That none of the funds appro-
priated by this Act may be expended for or in connection with the 
induction of any person into the Armed Forces of the United States. 
VETERANS ADMINISTRATION 
COMPENSATION AND PENSIONS 
For the payment of compensation benefits to or on behalf of 
veterans as authorized by law (38 U.S.C. 107, chapters 11,13, 51, 53, 
55, and 61); pension benefits to or on behalf of veterans as au-
thorized 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, pa5nnent of premiums 
due on commercial life insurance policies guaranteed under the 
provisions of Article IV of the Soldiers' and Sailors' Civil Relief Act 
of 1940, as amended, and for other benefits as authorized by law (38 
U.S.C. 107, 412, 777, and 806, chapters 23, 51, 53, 55, and 61; 50 
U.S.C. App. 540-548; 43 Stat. 122, 123; 45 Stat. 735; 76 Stat. 1198), 
$14,759,100,000, to remain available until expended. 
READJUSTMENT BENEFITS 
For the payment of readjustment and rehabilitation benefits to or 
on behalf of veterans as authorized by law (38 U.S.C. chapters 21, 30, 
31, 34-36, 39, 51, 53, 55, and 61), $597,600,000, to remain available 
until expended. 
VETERANS INSURANCE AND INDEMNITIES 
For military and naval insurance, national service life insurance, 
servicemen's indemnities, and service-disabled veterans insurance, 
as authorized by law (38 U.S.C. chapter 19; 70 Stat. 887; 72 Stat. 487), 
$9,220,000, to remain available until expended. 
MEDICAL CARE 
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 Veterans Administration, including care and 
treatment in facilities not under the jurisdiction of the Veterans 
Administration, and furnishing recreational facilities, supplies and 
equipment; funeral, burial and other expenses incidental thereto for 
beneficiaries receiving care in Veterans Administration facilities; 
repairing, altering, improving or providing facilities in the several 
hospitals and homes under the jurisdiction of the Veterans Adminis-
102 STAT. 1032 
PUBLIC LAW 100-404—AUG. 19, 1988 
tration, not otherwise provided for, either by contract or by the hire 
of temporary employees and purchase of materials; uniforms or 
allowances therefor, as authorized by law (5 U.S.C. 5901-5902); aid to 
State homes as authorized by law (38 U.S.C. 641); and not to exceed 
$2,000,000 to fund cost comparison studies as referred to in 38 U.S.C. 
5010(a)(5); $10,542,546,000, plus reimbursements: Provided, That 
$13,252,000 of the foregoing amount shall be available for a pilot 
program of community-based residential care for homeless chron-
ically mentally ill and other veterans: Provided further. 
That, 
during fiscal year 1989, jurisdictional average employment shall not 
exceed 38,000 for administrative support: Provided further. That, 
notwithstanding any other provision in this Act, a supplemental 
budget request may be transmitted to maintain the personnel level 
mandated by this Act. 
MEDICAL AND PROSTHETIC RESEARCH 
For necessary expenses in carrying out programs of medical and 
prosthetic research and development as authorized by law, to 
remain available until September 30, 1990, $210,241,000, plus 
reimbursements. 
MEDICAL ADMINISTRATION AND MISCELLANEOUS OPERATING EXPENSES 
For necessary expenses in the administration of the medical, 
hospital, nursing home, domiciliary, construction, supply, and re-
search activities, as authorized by law, $47,909,000, plus reimburse-
ments. 
GENERAL 
OPERATING 
EXPENSES 
For necessary operating expenses of the Veterans Administration, 
not otherwise provided for, including uniforms or allowances there-
for, as authorized by law; not to exceed $3,000 for official reception 
and representation expenses; cemeterial expenses as authorized by 
law; purchase of six passenger motor vehicles, for use in cemeterial 
operations, and hire of passenger motor vehicles; and reimburse-
ment of the General Services Administration for security guard 
services, and the Department of Defense for the cost of overseas 
employee mail; $774,316,000, including $512,359,000 for the Depart-
ment of Veterans Benefits: Provided, That, during fiscal year 1989, 
jurisdictional average employment shall not be less than 12,898 for 
the Department of Veterans Benefits. 
CONSTRUCTION, MAJOR PROJECTS 
For constructing, altering, extending and improving any of the 
facilities under the jurisdiction or for the use of the Veterans 
Administration, or for any of the purposes set forth in sections 1004, 
1006, 5002, 5003, 5006, 5008, 5009, and 5010 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, and site acquisi-
tion, where the estimated cost of a project is $2,000,000 or more or 
where funds for a project were made available in a previous major 
project appropriation, $363,040,000, 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 
PUBLIC LAW 100-404—AUG. 19, 1988 
102 STAT. 1033 
be used for any project which has not been considered and approved 
by the Congress in the budgetary process: Provided further. That Contracts, 
funds provided in the appropriation "Construction, major projects" 
for fiscal year 1989, for each approved project shall be obligated (1) 
by the awarding of a working drawings contract by September 30, 
1989, and (2) by the awarding of a construction contract by Septem-
ber 30, 1990: Provided further. 
That the Administrator shall Reports, 
promptly report in writing to the Comptroller General and to the 
Committees on Appropriations any approved major construction 
project in which obligations are not incurred within the time limita-
tions established above; and the Comptroller General shall review 
the report in accordance with the procedures established by section 
1015 of the Impoundment Control Act of 1974 (title X of Public Law 
93-344): Provided further, That no funds from any other account, 
except the "Parking garage 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 
Veterans Administration of the project or any part thereof with 
respect to that part only: Provided further. That prior to the issu- Contracts, 
ance of a bidding document for any construction contract for a 
project approved under this heading (excluding completion items), 
the director of the affected Veterans Administration medical facility 
must certify that the design of such project is acceptable from a 
patient care standpoint: Provided further. 
That not to exceed 
$8,000,000 of the funds available shall be used for the settlement of 
contractors' claims arising from the construction of a replacement 
hospital at the Veterans Administration Medical Center, Bronx, 
New York: Provided further. That not to exceed $2,600,000 of the 
funds available shall be used for the pajrment of sales and use tax to 
the State of Washington due on prior construction projects funded 
by this and other accounts, in lieu of payment to contractors of these 
tax costs which were not included in the contracts for these projects: 
Provided further, That the Veterans Administration shall, from 
funds previously appropriated for the replacement and moderniza-
tion of the hospital at Allen Park, Michigan, immediately proceed 
with the planning, site acquisition, site preparation, and design of a 
new hospital in downtown Detroit, Michigan, which contains not 
less than 503 hospital beds. 
CONSTRUCTION, MINOR PROJECTS 
• For constructing, altering, extending, and improving any of the 
facilities under the jurisdiction or for the use of the Veterans 
Administration, including planning, architectural and engineering 
services, maintenance or guarantee period services costs associated 
with equipment guarantees provided under the project, and site 
acquisition, or for any of the purposes set forth in sections 1004, 
1006, 5002, 5003, 5006, 5008, 5009, and 5010 of title 38, United States 
Code, where the estimated cost of a project is less than $2,000,000, 
$111,596,000, to remain available until expended, along with unobli-
gated balances of previous "Construction, minor projects" appro-
priations which are hereby made available for any project where the 
estimated cost is less than $2,000,000: Provided, That not more than 
$41,731,000 shall be available for expenses of the Office of Facilities, 
including research and development in building construction tech-
nology: Provided further. That funds in this account shall be avail-
102 STAT. 1034 
PUBLIC LAW 100-404—AUG. 19, 1988 
able for (1) repairs to any of the nonmedical facilities under the 
jurisdiction or for the use of the Veterans Administration 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 GARAGE REVOLVING FUND 
For the parking garage revolving fund as authorized by law (38 
U.S.C. 5009), $26,000,000, together with income from fees collected, 
to remain available until expended. Resources of this fund shall be 
available for all expenses authorized by 38 U.S.C. 5009 except 
operations and maintenance costs which will be funded from "Medi-
cal care". 
GRANTS FOR CONSTRUCTION OF STATE EXTENDED CARE FACILITIES 
For grants to assist the several 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 au-
thorized by law (38 U.S.C. 5031-5037), $42,000,000, to remain avail-
able until September 30,1991. 
GRANTS TO THE REPUBLIC OF THE PHILIPPINES 
For payment to the Republic of the Philippines of grants, as 
authorized by law (38 U.S.C. 632), for assisting in the replacement 
and upgrading of equipment and in rehabilitating the physical plant 
and facilities of the Veterans Memorial Medical Center, $500,000, to 
remain available until September 30,1990. 
GRANTS FOR THE CONSTRUCTION OF STATE VETERANS CEMETERIES 
For grants to aid States in establishing, expanding, or improving 
State veterans cemeteries as authorized by law (38 U.S.C. 1008), 
$9,000,000, to remain available until September 30,1991. 
DIRECT LOAN REVOLVING FUND 
During 1989, within the resources available, not to exceed 
$1,000,000 in gross obligations for direct loans are authorized for 
specially adapted housing loans (38 U.S.C. chapter 37). 
LOAN GUARANTY REVOLVING FUND 
(INCLUDING TRANSFER OF FUNDS) 
For expenses necessary to carry out loan guaranty and insurance 
operations, as authorized by law (38 U.S.C. chapter 37, except 
administrative expenses, as authorized by section 1824 of such title), 
$658,000,000, to remain available until expended. 
During 1989, the resources of the loan guaranty revolving fund 
shall be available for expenses for property acquisitions and other 
loan guaranty and insurance operations, as authorized by law (38 
U.S.C. chapter 37, except administrative expenses, as authorized by 
section 1824 of such title): Provided, That the unobligated balances, 
including retained earnings of the direct loan revolving fund, shall 
be available, during 1989, for transfer to the loan guaranty revolv-
PUBLIC LAW 100-404—AUG. 19, 1988 
102 STAT. 1035 
ing fund in such amounts as may be necessary to provide for the 
timely payment of obligations of such fund, and the Administrator 
of Veterans Affairs shall not be required to pay interest on amounts 
so transferred after the time of such transfer. 
During 1989, with the resources available, gross obligations for 
direct loans and total commitments to guarantee loans are au-
thorized in such amounts as may be necessary to carry out the 
purposes of the "Loan guaranty revolving fund". 
ADMINISTRATIVE PROVISIONS 
(INCLUDING TRANSFER OF FUNDS) 
Any appropriation for 1989 for "Compensation and pensions", 
"Readjustment benefits", "Veterans insurance and indemnities", 
and the "Loan guaranty revolving fund" may be transferred to any 
other of the mentioned appropriations. 
Appropriations available to the Veterans Administration for 1989 
for salaries and expenses shall be available for services £is au-
thorized by 5 U.S.C. 3109. 
No part of the appropriations in this Act for the Veterans 
Administration (except the appropriations for "Construction, major 
projects" and "Construction, minor projects") shall be available for 
the purchase of any site for or toward the construction of any new 
hospital or home. 
No part of the foregoing appropriations shall be available for 
hospitalization or examination of any persons except beneficiaries 
entitled under the laws bestowing such benefits to veterans, unless 
reimbursement of cost is made to the appropriation at such rates as 
may be fixed by the Administrator of Veterans Affairs. 
Appropriations available to the Veterans Administration for fiscal 
year 1989 for "Compensation and pensions", "Readjustment bene-
fits", "Veterans insurance and indemnities", and the "Loan guar-
anty revolving fund" sheill be available for payment of prior year 
accrued obligations required to be recorded by law against the 
aforementioned accounts within the last quarter of fiscal year 1988. 
TITLE III 
CORPORATIONS 
Corporations and agencies of the Department of Housing and 
Contracts. 
Urban Development and the Federal Home Loan Bank Board which 
are subject to the Government Corporation Control Act, as 
amended, are hereby authorized to make such expenditures, within 
the limits of funds and borrowing authority available to each such 
corporation or agency and in accord with law, and to make such 
contracts and commitments without regard to fiscal year limitations 
as provided by section 104 of the Act as may be necessary in 
carrying out the programs set forth in the budget for 1989 for such 
corporation or agency except as hereinafter provided: Provided, 
Loans. 
That collections of these corporations and agencies may be used for 
new loan or mortgage purchase commitments only to the extent 
expressly provided for in this Act (unless such loans are in support 
of other forms of assistance provided for in this or prior appropria-
tions Acts), except that this proviso shall not apply to the mortgage 
insurance or guaranty operations of these corporations, or where 
102 STAT. 1036 
PUBLIC LAW 100-404—AUG. 19, 1988 
loans or mortgage purchases are necessary to protect the financial 
interest of the United States Government. 
FEDERAL HOME LOAN BANK BOARD 
UMITATION ON ADMINISTRATIVE EXPENSES, FEDERAL HOME LOAN BANK 
BOARD 
Not to exceed a total of $31,942,000 shall be available for adminis-
trative expenses of the Federal Home Loan Bank Board for procure-
ment of services as authorized by 5 U.S.C. 3109, and contracts for 
such services with one organization may be renewed annually, and 
uniforms or allowances therefor in accordance with law (5 U.S.C. 
5901-5902), and said amount shall be derived from funds available to 
the Federal Home Loan Bank Board, including those in the Federal 
Home Loan Bank Board revolving fund and receipts of the Board for 
the current fiscal year, of which not to exceed $800,000 shall be 
available for purposes of training State examiners and not to exceed 
$1,500 shall be available for official reception and representation 
12 use 1428a 
expenses: Provided, That members and alternates of the Federal 
"o**- 
Savings and Loan Advisory Council may be compensated subject to 
the provisions of section 7 of the Federal Advisory Committee Act, 
and shall be entitled to reimbursement from the Board for transpor-
tation expenses incurred in attendance at meetings of or concerned 
with the work of such Council and may be paid in lieu of subsistence 
per diem not to exceed the dollar amount set forth in 5 U.S.C. 5703: 
Provided further. That, notwithstanding any other provisions of this 
Act, except for the limitation in amount hereinbefore specified, the 
expenses and other obligations of the Board shall be incurred, 
allowed, and paid in accordance with the provisions of the Federal 
Home Loan Bank Act of 1932, as amended (12 U.S.C. 1421-1449). 
LIMITATION ON ADMINISTRATIVE EXPENSES, FEDERAL SAVINGS AND 
LOAN INSURANCE CORPORATION 
Not to exceed $1,667,000 shall be available for administrative 
expenses, which shall be on an accrual basis and shall be exclusive 
of interest paid, depreciation, properly capitalized expenditures, 
expenses in connection with liquidation of insured institutions or 
activities relating to sections 406(c), 407, or 408 of the National 
Housing Act, liquidation or handling of assets of or derived from 
insured institutions, pajmient of insurance, and action for or toward 
the avoidance, termination, or minimizing of losses in the case of 
insured institutions, legal fees and expenses and payments for 
expenses of the Federal Home Loan Bank Board determined by said 
Board to be properly allocable to said Corporation, and said Corptora-
tion may utilize and may make payments for services and facilities 
of the Federal home loan banks, the Federal Reserve banks, the 
Federal Home Loan Bank Board, the Federal Home Loan Mortgage 
Corporation, and other agencies of the Government: Provided, That, 
notwithstanding any other provisions of this Act, except for the 
limitation in amount hereinbefore specified, the administrative ex-
penses and other obligations of said Corporation shall be incurred, 
allowed, and paid in accordance with title IV of the Act of June 27, 
1934, as amended (12 U.S.C. 1724-1730f). 
PUBLIC LAW 100-404—AUG. 19, 1988 
102 STAT. 1037 
TITLE IV 
GENERAL PROVISIONS 
SECTION 401. Where appropriations in titles I and II of this Act are 
expendable for travel expenses and no specific limitation has been 
placed thereon, the expenditures for such travel expenses may not 
exceed the amounts set forth therefor in the budget estimates 
submitted for the appropriations: Provided, That this section shall 
not apply to travel performed by uncompensated officials of local 
boards and appeal boards of the Selective Service System; to travel 
performed directly in connection with care and treatment of medical 
beneficiaries of the Veterans Administration; to travel performed in 
connection with major disasters or emergencies declared or deter-
mined by the President under the provisions of the Disaster Relief 
Act of 1974; to site-related travel performed in connection with the 
Comprehensive Environmental Response, Compensation, and Liabil-
ity Act of 1980, as amended; to site-related travel under the Solid 
Waste Disposal Act, as amended; or to payments to interagency 
motor pools where separately set forth in the budget schedules: 
Provided further, That if appropriations in titles I and II exceed the 
amounts set forth in budget estimates initially submitted for such 
appropriations, the expenditures for travel may correspondingly 
exceed the amounts therefor set forth in the estimates in the same 
proportion. 
SEC. 402. Appropriations and funds available for the administra-
tive expenses of the Department of Housing and Urban Develop-
ment and the Selective Service System shall be available in the 
current fiscal year for purchase of uniforms, or allowances therefor, 
as authorized by law (5 U.S.C. 5901-5902); hire of passenger motor 
vehicles; and services as authorized by 5 U.S.C. 3109. 
SEC. 403. Funds of the Department of Housing and Urban Devel-
opment subject to the Government Corporation Control Act or 
section 402 of the Housing Act of 1950 shall be available, without 
regard to the limitations on administrative expenses, for legal serv-
ices on a contract or fee basis, and for utilizing and making payment 
for services and facilities of Federal National Mortgage Association, 
Government National Mortgage Association, Federal Home Loan 
Mortgage Corporation, Federal Financing Bank, Federal Reserve 
banks or any member thereof. Federal home loan banks, and any 
insured bank within the meaning of the Federal Deposit Insurance 
Corporation Act, as amended (12 U.S.C. 1811-1831). 
SEC. 404. No part of any appropriation contained in this Act shall 
remain available for obligation beyond the current fiscal year unless 
expressly so provided herein. 
SEC. 405. No funds appropriated by this Act may be expended— 
(1) pursuant to a certification of an officer or employee of the 
United States unless— 
(A) such certification is accompanied by, or is part of, a 
voucher or abstract which describes the payee or payees 
and the items or services for which such expenditure is 
being made, or 
(B) the expenditure of funds pursuant to such certifi-
cation, and without such a voucher or abstract, is specifi-
cally authorized by law; and 
102 STAT. 1038 
PUBLIC LAW 100-404—AUG. 19, 1988 
Contracts. 
Public 
information. 
Contracts. 
Reports. 
(2) unless such expenditure is subject to audit by the General 
Accounting Office or is specifically exempt by law fi-om such 
audit. 
SEC. 406. None of the funds provided in this Act to any depart-
ment or agency may be expended for the transportation of any 
officer or employee of such department or agency between his 
domicile and his place of employment, with the exception of the 
Secretary of the Department of Housing and Urban Development, 
who, under title 5, United States Code, section 101, is exempted from 
such limitation. 
SEC. 407. None of the funds provided in this Act may be used for 
payment, through grants or contracts, to recipients that do not 
share in the cost of conducting research resulting from proposals not 
specificially solicited by the Government: Provided, That the extent 
of cost sharing by the recipient shall reflect the mutuality of in-
terest of the grantee or contractor and the Government in the 
research. 
SEC. 408. None of the funds provided in this Act may be used, 
directly or through grants, to pay or to provide reimbursement for 
payment of the salary of a consultant (whether retained by the 
Federal Government or a grantee) at more than the daily equivalent 
of the maximum rate paid for GS-18, unless specifically authorized 
by law. 
SEC. 409. No part of any appropriation contained in this Act for 
personnel compensation and benefits shall be available for other 
object classifications set forth in the budget estimates submitted for 
the appropriations. 
SEC. 410. None of the funds in this Act shall be used to pay the 
expenses of, or otherwise compensate, non-Federal parties interven-
ing in regulatory or adjudicatory proceedings. Nothing herein af-
fects the authority of the Consumer Product Safety Commission 
pursuant to section 7 of the Consumer Product Safety Act (15 U.S.C. 
2056 et seq.). 
SEC. 411. Except as otherwise provided under existing law or 
under an existing Executive order issued pursuant to an existing 
law, the obligation or expenditure of any appropriation under this 
Act for contracts for any consulting service shall be limited to 
contracts which are (1) a matter of public record and available for 
public inspection, and (2) thereafter included in a publicly available 
list of all contracts entered into within twenty-four months prior to 
the date on which the list is made available to the public and of all 
contracts on which performance has not been completed by such 
date. The list required by the preceding sentence shall be updated 
quarterly and shall include a narrative description of the work to be 
performed under each such contract. 
SEC. 412. Except as otherwise provided by law, no part of any 
appropriation contained in this Act shall be obligated or expended 
by any executive agency, as referred to in the Office of Federal 
Procurement Policy Act (41 U.S.C. 401 et seq.) for a contract for 
services unless such executive agency (1) has awarded and entered 
into such contract in full compliance with such Act and the regula-
tions promulgated thereunder, and (2) requires any report prepared 
pursuant to such contract, including plans, evaluations, studies, 
analyses and manuals, and any report prepared by the agency which 
is substantially derived from or substantially includes any report 
prepared pursuant to such contract, to contain information concern-
ing (A) the contract pursuant to which the report was prepared, and 
PUBLIC LAW 100-404—AUG. 19, 1988 
102 STAT. 1039 
(B) the contractor who prepared the report pursuant to such 
contract. 
SEC. 413. Except as otherwise provided in section 406, none of the 
funds provided in this Act to any department or agency shall be 
obligated or expended to provide a personal cook, chauffeur, or other 
personal servants to any officer or employee of such department or 
agency. 
SEC. 414. None of the funds provided in this Act to any depart-
ment or agency shall be obligated or expended to procure passenger 
automobiles as defined in 15 U.S.C. 2001 with an EPA estimated 
miles per gallon average of less than 22 miles per gallon. 
SEC. 415. Such sums as may be necessary for fiscal year 1989 pay 
raises for programs funded by this Act shall be absorbed within the 
levels appropriated in this Act. 
This Act may be cited as the "Department of Housing and Urban 
Development—Independent Agencies Appropriations Act, 1989". 
Approved August 19, 1988. 
LEGISLATIVE HISTORY—H.R. 4800: 
HOUSE REPORTS: No. 100-701 (Comm. on Appropriations) and No. 100-817 (Comm. 
of Conference). 
SENATE REPORTS: No. 100-401 (Comm. on Appropriations). 
CONGRESSIONAL RECORD, Vol. 134 (1988): 
June 22, considered and passed House. 
July 12, 13, considered and passed Senate, amended. 
Aug. 9, House agreed to conference report; receded and concurred in certain 
Senate amendments, in others with amendments. Senate agreed to conference 
report; concurred in House amendments. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 24 (1988): 
Aug. 19, Presidential statement.