[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3666 Referred in Senate (RFS)]
104th CONGRESS
2d Session
H. R. 3666
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 27, 1996
Received; read twice and referred to the Committee on Appropriations
_______________________________________________________________________
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, 1997, 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, 1997, 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 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 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 provisions of
Article IV of the Soldiers' and Sailors' Civil Relief Act of 1940, as
amended, and for other benefits as authorized by law (38 U.S.C. 107,
1312, 1977, and 2106, chapters 23, 51, 53, 55, and 61; 50 U.S.C. App.
540-548; 43 Stat. 122, 123; 45 Stat. 735; 76 Stat. 1198);
$18,497,854,000, to remain available until expended: Provided, That not
to exceed $26,417,000 of the amount appropriated shall be reimbursed to
``General operating expenses'' and ``Medical care'' for necessary
expenses in implementing those provisions 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 further, 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 by the Veterans' Benefits Act of 1992 (38 U.S.C. chapter
55).
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, $1,227,000,000, 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 insurance,
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, $38,970,000, to remain available until
expended.
guaranty and indemnity 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.
In addition, for administrative expenses to carry out the direct
and guaranteed loan programs, $105,226,000, which may be transferred to
and merged with the appropriation for ``General operating expenses''.
loan guaranty 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.
In addition, for administrative expenses to carry out the direct
and guaranteed loan programs, $33,810,000, which may be transferred to
and merged with the appropriation for ``General operating expenses''.
direct loan program account
(including transfer of funds)
For the cost of direct 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 1997,
within the resources available, not to exceed $300,000 in gross
obligations for direct loans are authorized for specially adapted
housing loans.
In addition, for administrative expenses to carry out the direct
loan program, $80,000, which may be transferred 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 further, That
these funds are available to subsidize gross obligations for the
principal amount of direct loans not to exceed $3,000.
In addition, for administrative expenses necessary to carry out the
direct loan program, $195,000, which may be transferred to and merged
with the appropriation for ``General operating expenses''.
vocational rehabilitation loans program account
(including transfer of funds)
For the cost of direct loans, $49,000, 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 $1,964,000.
In addition, for administrative expenses necessary to carry out the
direct loan program, $377,000, which may be transferred to and merged
with the appropriation for ``General operating expenses''.
native american veteran housing loan program account
(including transfer of funds)
For administrative expenses to carry out the direct loan program
authorized by 38 U.S.C. chapter 37, subchapter V, as amended, $205,000,
which may be transferred to and merged with the appropriation for
``General operating expenses''.
Veterans Health Administration
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 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 Department;
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; uniforms or
allowances therefor, as authorized by 5 U.S.C. 5901-5902; aid to State
homes as authorized by 38 U.S.C. 1741; and not to exceed $8,000,000 to
fund cost comparison studies as referred to in 38 U.S.C. 8110(a)(5);
$17,008,447,000, plus reimbursements: Provided, That of the funds made
available under this heading, $570,000,000 is for the equipment and
land and structures object classifications only, which amount shall not
become available for obligation until August 1, 1997, and shall remain
available until September 30, 1998.
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, 1998, $257,000,000, plus
reimbursements.
medical administration and miscellaneous operating expenses
For necessary expenses in the administration of 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 acquisition; engineering and
architectural activities not charged to project cost; and research and
development in building construction technology; $59,207,000, plus
reimbursements.
transitional housing loan program
(including transfer of funds)
For the cost of direct loans, $7,000, as authorized by Public Law
102-54, section 8, which shall be transferred from the ``General post
fund'': Provided, That such costs, including the cost of modifying such
loans, shall be as 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 $70,000.
In addition, for administrative expenses to carry out the direct
loan program, $54,000, which shall be transferred from the ``General
post fund'', as authorized by Public Law 102-54, section 8.
Departmental Administration
general operating expenses
For necessary operating expenses of the Department of Veterans
Affairs, not otherwise provided for, including uniforms or allowances
therefor; not to exceed $25,000 for official reception and
representation expenses; hire of passenger motor vehicles; and
reimbursement of the General Services Administration for security guard
services, and the Department of Defense for the cost of overseas
employee mail; $823,584,000: Provided further, That during fiscal year
1997, notwithstanding any other provision of law, the number of
individuals employed by the Department of Veterans Affairs (1) in other
than ``career appointee'' positions in the Senior Executive Service
shall not exceed 6, and (2) in schedule C positions shall not exceed
11: Provided further, That funds under this heading shall be available
to administer the Service Members Occupational Conversion and Training
Act.
national cemetery system
For necessary expenses for the maintenance and operation of the
National Cemetery System, not otherwise provided for, including
uniforms or allowances therefor; cemeterial expenses as authorized by
law; purchase of two passenger motor vehicles for use in cemeterial
operations; and hire of passenger motor vehicles, $76,864,000.
office of inspector general
For necessary expenses of the Office of Inspector General in
carrying out the Inspector General Act of 1978, as amended,
$30,900,000.
construction, major projects
For constructing, altering, extending and improving any of the
facilities under the jurisdiction or for the use of the Department of
Veterans Affairs, or for any of the purposes set forth in sections 316,
2404, 2406, 8102, 8103, 8106, 8108, 8109, 8110, and 8122 of title 38,
United States Code, including planning, architectural and engineering
services, maintenance or guarantee period services costs associated
with equipment guarantees 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
$3,000,000 or more or where funds for a project were made available in
a previous major project appropriation, $245,358,000, 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 1997, for each approved
project shall be obligated (1) by the awarding of a construction
documents contract by September 30, 1997, and (2) by the awarding of a
construction contract by September 30, 1998: Provided further, That the
Secretary shall 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
limitations 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 revolving fund'', may be obligated for constructing,
altering, extending, or improving a project which was approved in the
budget process and funded in this account until one year after
substantial completion and beneficial occupancy by the Department of
Veterans Affairs of the project or any part thereof with respect to
that part only.
construction, minor projects
For constructing, altering, extending, and improving any of the
facilities under the jurisdiction or for the use of the Department of
Veterans Affairs, including planning, architectural and engineering
services, maintenance or guarantee period services costs associated
with equipment guarantees provided under the project, services of
claims 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 $3,000,000; $160,000,000, to remain available until
expended, along with unobligated balances of previous ``Construction,
minor projects'' appropriations which are hereby made available for any
project where the estimated cost is less than $3,000,000: 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,
$12,300,000, together with income from fees collected, to remain
available until expended, which shall be available for all authorized
expenses except operations and maintenance costs, which will be funded
from ``Medical care''.
grants for construction of state extended care facilities
For grants to assist States to acquire or construct State nursing
home and domiciliary facilities and to 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, $47,397,000, to remain available until expended.
grants for the construction of state veterans cemeteries
For grants to aid States in establishing, expanding, or improving
State veteran cemeteries as authorized by 38 U.S.C. 2408, $1,000,000,
to remain available until expended.
franchise fund
(including transfer of funds)
There is hereby established in the Treasury a franchise fund pilot,
as authorized by section 403 of Public Law 103-356, to be available as
provided in such section for expenses and equipment necessary for the
maintenance and operation of such administrative services as the
Secretary determines may be performed more advantageously as central
services: Provided, That any inventories, equipment and other assets
pertaining to the services to be provided by the franchise fund, either
on hand or on order, less the related liabilities or unpaid
obligations, and any appropriations made hereafter for the purpose of
providing capital, shall be used to capitalize the franchise fund:
Provided further, That the franchise fund may be paid in advance from
funds available to the Department and other Federal agencies for which
such centralized services are performed, at rates which will return in
full all expenses of operation, including accrued leave, depreciation
of fund plant and equipment, amortization of automated data processing
(ADP) software and systems (either acquired or donated), and an amount
necessary to maintain a reasonable operating reserve, as determined by
the Secretary: Provided further, That the franchise fund shall provide
services on a competitive basis: Provided further, That an amount not
to exceed four percent of the total annual income to such fund may be
retained in the fund for fiscal year 1997 and each fiscal year
thereafter, to remain available until expended, to be used for the
acquisition of capital equipment and for the improvement and
implementation of Departmental financial management, ADP, and other
support systems: Provided further, That no later than thirty days after
the end of each fiscal year amounts in excess of this reserve
limitation shall be transferred to the Treasury: Provided further, That
such franchise fund pilot shall terminate pursuant to section 403(f) of
Public Law 103-356.
administrative provisions
(including transfer of funds)
Sec. 101. Any appropriation for 1997 for ``Compensation and
pensions'', ``Readjustment benefits'', and ``Veterans insurance and
indemnities'' may be transferred to any other of the mentioned
appropriations.
Sec. 102. Appropriations available to the Department of Veterans
Affairs for 1997 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 examination
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 Veterans
Affairs for fiscal year 1997 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 1996.
Sec. 106. Appropriations accounts available to the Department of
Veterans Affairs for fiscal year 1997 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 1997, the Secretary of Veterans Affairs shall, from the National
Service Life Insurance Fund (38 U.S.C. 1920), the Veterans' Special
Life Insurance Fund (38 U.S.C. 1923), and the United States Government
Life Insurance Fund (38 U.S.C. 1955), reimburse the ``General operating
expenses'' account for the cost of administration of the insurance
programs financed through those accounts: Provided, That reimbursement
shall be made only from the surplus earnings accumulated in an
insurance program in fiscal year 1997, 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
1997, which is properly allocable to the provision of each insurance
program and to the provision of any total disability income insurance
included in such insurance program.
TITLE II
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, $5,272,000,000 (reduced by $140,000,000), to remain available
until expended: Provided, That of the total amount provided under this
head, $4,472,000,000 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 of which
$875,000,000 shall be available on September 15, 1997: Provided
further, That the Secretary may determine not to apply section
8(o)(6)(B) of the Act to housing vouchers during fiscal year 1997:
Provided further, That of the total amount provided under this head,
$800,000,000 (reduced by $140,000,000) shall be for amendments to
section 8 contracts other than contracts for projects developed under
section 202 of the Housing Act of 1959, as amended: Provided further,
That 50 per centum of the amounts of budget authority, or in lieu
thereof 50 per centum of the cash amounts associated with such budget
authority, that are recaptured from projects described in section
1012(a) of the Stewart B. McKinney Homeless Assistance Amendments Act
of 1988 (Public Law 100-628, 102 Stat. 3224, 3268) shall be rescinded,
or in the case of cash, shall be remitted to the Treasury, and such
amounts of budget authority or cash recaptured and not rescinded or
remitted to the Treasury shall be used by State housing finance
agencies or local governments or local housing agencies with projects
approved by the Secretary of Housing and Urban Development for which
settlement occurred after January 1, 1992, in accordance with such
section.
housing for special populations: elderly and disabled
For capital advances, including amendments to capital advance
contracts, and for project rental assistance and amendments thereto,
for Supportive Housing for the Elderly under section 202 of the Housing
Act of 1959, as amended, $595,000,000 (increased by $100,000,000), to
remain available until expended.
For capital advances, including amendments to capital advance
contracts, and for project rental assistance and amendments thereto,
for Supportive Housing for Persons with Disabilities under section 811
of the Cranston-Gonzalez National Affordable Housing Act, $174,000,000
(increased by $40,000,000), to remain available until expended, of
which 25 percent shall be used for tenant-based rental assistance under
section 8(o) of the United States Housing Act of 1937 (42 U.S.C.
1437(o)), in addition to any other amounts available for section 8(o).
The Secretary may waive any provision of section 202 of the Housing
Act of 1959 and section 811 of the Cranston-Gonzalez National
Affordable Housing Act (including the provisions governing the terms
and conditions of project rental assistance) that the Secretary
determines is not necessary to achieve the objectives of these
programs, or that otherwise impedes the ability to develop, operate or
administer projects assisted under these programs, and may make
provision for alternative conditions or terms where appropriate.
flexible subsidy fund
(including transfer of funds)
From the fund established by section 236(g) of the National Housing
Act, as amended, all uncommitted balances of excess rental charges as
of September 30, 1996, and any collection during fiscal year 1997,
shall be transferred, as authorized under such section, to the fund
authorized under section 201(j) of the Housing and Community
Development Amendments of 1978, as amended.
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-1) is reduced
in fiscal year 1997 by not more than $2,000,000 in uncommitted balances
of authorizations provided for this purpose in appropriations Acts.
Public and Indian Housing
housing certificate fund
For tenant-based assistance under section 8 of the United States
Housing Act of 1937 (42 U.S.C. 1437f), as amended, $166,000,000, to
remain available until expended: Provided, That of the total amount
provided under this head, $50,000,000 shall be for nonelderly disabled
families relocating pursuant to designation of a public housing
development under section 7 of such Act: Provided further, That the
remainder of the amount provided under this head shall be used only for
housing assistance for relocating residents of properties (i) that are
eligible for assistance under the Low Income Housing Preservation and
Resident Homeownership Act of 1990 (LIHPRHA) or the Emergency Low-
Income Housing Preservation Act of 1987 (ELIHPA) in accordance with the
terms and conditions of the tenth and eleventh provisos of the second
undesignated paragraph under the head ``Annual Contributions for
Assisted Housing'' in Public Law 104-134; (ii) that are owned by the
Secretary and being disposed of; (iii) for which section 8 assistance
is allocated under subsection (f) of section 204 of this Act (relating
to portfolio reengineering); or (iv) subject to special workout
assistance team intervention compliance actions: Provided further, That
notwithstanding any other provision of law, a public housing agency
administering certificate or voucher assistance provided under
subsection (b) or (o) of section 8 of the United States Housing Act of
1937, as amended, shall delay for 3 months, the use of any amounts of
such assistance (or the certificate or voucher representing assistance
amounts) made available by the termination during fiscal year 1997 of
such assistance on behalf of any family for any reason, but not later
than October 1, 1997, with the exception of any certificates assigned
or committed to project-based assistance as permitted otherwise by the
Act, accomplished prior to the effective date of this Act: Provided
further, That section 8(c)(2)(A) of the United States Housing Act of
1937, as amended (42 U.S.C. 1437f(c)(2)(A)) is further amended--
(1) in the third sentence by inserting ``and fiscal year
1997'' after ``1995''; and
(2) in the last sentence by inserting ``and fiscal year
1997'' after ``1995''.
public housing operating fund
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), $2,850,000,000.
public housing capital fund
(including transfers of funds)
For the Public Housing Capital Fund program under the United States
Housing Act of 1937, as amended (42 U.S.C. 1437), $2,700,000,000, to
remain available until expended, of which $2,415,000,000 shall be for
modernization of existing public housing projects; $200,000,000 for
Indian Housing Development; $50,000,000 for grants to public housing
agencies (including Indian housing authorities), nonprofit
corporations, and other appropriate entities for a supportive services
program to assist residents of public and assisted housing, former
residents of such housing receiving tenant-based assistance under
section 8 of such Act, and other low-income families and individuals,
principally for the benefit of public housing residents, to become
self-sufficient; $20,000,000 for technical assistance for the
inspection of public housing units, contract expertise, and training
and technical assistance directly or indirectly, under grants,
contracts, or cooperative agreements, to assist in the oversight and
management of public and Indian housing (whether or not the housing is
being modernized with assistance under this proviso) or tenant-based
assistance, including, but not limited to, an annual resident survey,
data collection and analysis, training and technical assistance by or
to officials and employees of the department and of public housing
agencies and to residents in connection with the public and Indian
housing program or for carrying out activities under section 6(j) of
the Act; $10,000,000 for the Tenant Opportunity Program; and $5,000,000
for the Jobs-Plus Demonstration for Public Housing families: Provided,
That all obligated and unobligated balances as of the end of fiscal
year 1996 heretofore provided for the development or acquisition costs
of public housing (including public housing for Indian families), for
modernization of existing public housing projects (including such
projects for Indian families), for public and Indian housing
amendments, for modernization and development technical assistance, for
lease adjustments for the section 23 program, and for the Family
Investment Centers program shall be transferred to amounts made
available under this heading.
revitalization of severely distressed public housing (hope vii)
For grants to public housing agencies for assisting in the
demolition of obsolete public housing projects or portions thereof, the
revitalization (where appropriate) of sites (including remaining public
housing units) on which such projects are located, replacement housing
which will avoid or lessen concentrations of very low-income families,
and tenant-based assistance in accordance with section 8 of the United
States Housing Act of 1937; and for providing replacement housing and
assisting tenants to be displaced by the demolition, $550,000,000, to
remain available until expended, of which the Secretary may use up to
$2,500,000 for technical assistance, to be provided directly or
indirectly by grants, contracts or cooperative agreements, including
training and cost of necessary travel for participants in such
training, by or to officials and employees of the Department and of
public housing agencies and to residents: Provided, That,
notwithstanding any other provision of law, the funds made available to
the Housing Authority of New Orleans under HOPE VI for purposes of
Desire Homes, shall not be obligated or expended for on-site
construction until an independent third party has determined whether
the site is appropriate.
drug elimination grants for low-income housing
(including transfer of funds)
For grants to public and Indian housing agencies for use in
eliminating crime in public housing projects authorized by 42 U.S.C.
11901-11908, for grants for federally assisted low-income housing
authorized by 42 U.S.C. 11909, and for drug information clearinghouse
services authorized by 42 U.S.C. 11921-11925, $290,000,000, to remain
available until expended, $10,000,000 of which shall be for grants,
technical assistance, contracts and other assistance training, program
assessment, and execution for or on behalf of public housing agencies
and resident organizations (including the cost of necessary travel for
participants in such training), $5,000,000 of which shall be used in
connection with efforts to combat violent crime in public and assisted
housing under the Operation Safe Home program administered by the
Inspector General of the Department of Housing and Urban Development,
and $5,000,000 of which shall be transferred to the Office of Inspector
General for Operation Safe Home: Provided, That the term ``drug-related
crime'', as defined in 42 U.S.C. 11905(2), shall also include other
types of crime as determined by the Secretary.
indian housing loan guarantee fund program account
For the cost of guaranteed loans, as authorized by section 184 of
the Housing and Community Development Act of 1992 (106 Stat. 3739),
$3,000,000: Provided, That such costs, including the costs 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 total loan principal, any part of which is to be
guaranteed, not to exceed $36,900,000.
Community Planning and Development
community development block grants fund
(including transfer of funds)
For grants to States and units of general local government and for
related expenses, not otherwise provided for, to carry out a community
development grants program as authorized by title I of the Housing and
Community Development Act of 1974, as amended (the ``Act'' herein) (42
U.S.C. 5301), $4,600,000,000, to remain available until September 30,
1999, of which $300,000,000 shall become available for obligation on
September 30, 1997, and of which $61,400,000 shall be for grants to
Indian tribes notwithstanding section 106(a)(1) of the Act: Provided,
That $2,100,000 shall be available as a grant to the Housing Assistance
Council, $1,000,000 shall be available as a grant to the National
American Indian Housing Council, and $49,000,000 shall be available for
grants pursuant to section 107 of such Act, including up to $14,000,000
for the development and operation of a management information system:
Provided further, That not to exceed 20 percent of any grant made with
funds appropriated herein (other than a grant made available under the
preceding proviso to the Housing Assistance Council or the National
American Indian Housing Council, or a grant using funds under section
107(b)(3) of the Housing and Community Development Act of 1974, as
amended) shall be expended for ``Planning and Management Development''
and ``Administration'' as defined in regulations promulgated by the
Department: Provided further, That for fiscal year 1997 and thereafter,
section 105(a)(25) of such Act, shall continue to be effective and the
termination and conforming provisions of section 907(b)(2) of the
Cranston-Gonzalez National Affordable Housing Act shall not be
effective: Provided further, That section 916(f) of the Cranston-
Gonzalez National Affordable Housing Act is repealed.
Of the amount made available under this heading, notwithstanding
any other provision of law, $20,000,000 shall be available for
youthbuild program activities authorized by subtitle D of title IV of
the Cranston-Gonzalez National Affordable Housing Act, as amended, and
such activities shall be an eligible activity with respect to any funds
made available under this heading.
Of the amount made available under this heading, notwithstanding
any other provision of law, $60,000,000 shall be available for the
lead-based paint hazard reduction program as authorized under sections
1011 and 1053 of the Residential Lead-Based Hazard Reduction Act of
1992.
For the cost of guaranteed loans, $31,750,000, as authorized by
section 108 of the Housing and Community Development Act of 1974:
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 total loan principal, any part of which is to be guaranteed,
not to exceed $1,500,000,000, notwithstanding any aggregate limitation
on outstanding obligations guaranteed in section 108(k) of the Housing
and Community Development Act of 1974. In addition, for administrative
expenses to carry out the guaranteed loan program, $675,000 which shall
be transferred to and merged with the appropriation for salaries and
expenses.
home investment partnerships program
For the HOME investment partnerships program, as authorized under
title II of the Cranston-Gonzalez National Affordable Housing Act
(Public Law 101-625), as amended, $1,400,000,000, to remain available
until expended: Provided, That $21,000,000 shall be available for
grants to Indian Tribes: Provided further, That up to 0.5 percent, but
not less than $7,000,000, shall be available for the development and
operation of a management information system: Provided further, That
$15,000,000 shall be available for Housing Counseling under section 106
of the Housing and Urban Development Act of 1968.
homeless assistance funds
For the emergency shelter grants program (as authorized under
subtitle B of title IV of the Stewart B. McKinney Homeless Assistance
Act (Public Law 100-77), as amended); the supportive housing program
(as authorized under subtitle C of title IV of such Act); the section 8
moderate rehabilitation single room occupancy program (as authorized
under the United States Housing Act of 1937, as amended) to assist
homeless individuals pursuant to section 441 of the Stewart B. McKinney
Homeless Assistance Act; and the shelter plus care program (as
authorized under subtitle F of title IV of such Act), $823,000,000, to
remain available until expended.
housing opportunities for persons with aids
(including transfer of funds)
For carrying out the Housing Opportunities for Persons with AIDS
program, as authorized by the AIDS Housing Opportunity Act (42 U.S.C.
12901), $171,000,000, to remain available until expended: Provided,
That any amounts previously appropriated for such program, and any
related assets and liabilities, in the ``Annual contributions for
assisted housing'' account, shall be transferred to and merged with
amounts in this account.
Federal Housing Administration
fha--mutual mortgage insurance program account
(including transfers of funds)
During fiscal year 1997, commitments to guarantee loans to carry
out the purposes of section 203(b) of the National Housing Act, as
amended, shall not exceed a loan principal of $110,000,000,000:
Provided, That during fiscal year 1997, the Secretary shall sell
assigned mortgage notes having an unpaid principal balance of up to
$2,000,000,000, which notes were originally insured under section
203(b) of the National Housing Act: Provided further, That the
Secretary may use the amount of any negative subsidy resulting from the
sale of such assigned mortgage notes during fiscal year 1997 for the
purposes included under this heading.
During fiscal year 1997, obligations to make direct loans to carry
out the purposes of section 204(g) of the National Housing Act, as
amended, shall not exceed $200,000,000: Provided, That the foregoing
amount shall be for loans to nonprofit and governmental entities in
connection with sales of single family real properties owned by the
Secretary and formerly insured under section 203 of such Act.
For administrative expenses necessary to carry out the guaranteed
and direct loan program, $341,595,000, to be derived from the FHA-
mutual mortgage insurance guaranteed loans receipt account, of which
not to exceed $334,483,000 shall be transferred to the appropriation
for departmental salaries and expenses; and of which not to exceed
$7,112,000 shall be transferred to the appropriation for the Office of
Inspector General.
fha--general and special risk program account
(including transfers of funds)
For the cost of guaranteed loans, as authorized by sections 238 and
519 of the National Housing Act (12 U.S.C. 1715z-3 and 1735c),
including the cost of loan guarantee modifications (as that term is
defined in section 502 of the Congressional Budget Act of 1974, as
amended) $85,000,0000, to remain available until expended: Provided,
That these funds are available to subsidize total loan principal, any
part of which is to be guaranteed, of up to $17,400,000,000: Provided
further, That during fiscal year 1997, the Secretary shall sell
assigned notes having an unpaid principal balance of up to
$2,500,000,000, which notes are held by the Secretary under the General
Insurance and Special Risk Insurance funds: Provided further, That any
amounts made available in any prior appropriations Act for the cost (as
such term is defined in section 502 of the Congressional Budget Act of
1974) of guaranteed loans that are obligations of the funds established
under section 238 or 519 of the National Housing Act that have not been
obligated or that are deobligated shall be available to the Secretary
of Housing and Urban Development in connection with the making of such
guarantees and shall remain available until expended, notwithstanding
the expiration of any period of availability otherwise applicable to
such amounts.
Gross obligations for the principal amount of direct loans, as
authorized by sections 204(g), 207(l), 238(a), and 519(a) of the
National Housing Act, shall not exceed $120,000,000; of which not to
exceed $100,000,000 shall be for bridge financing in connection with
the sale of multifamily real properties owned by the Secretary and
formerly insured under such Act; and of which not to exceed $20,000,000
shall be for loans to nonprofit and governmental entities in connection
with the sale of single-family real properties owned by the Secretary
and formerly insured under such Act.
In addition, for administrative expenses necessary to carry out the
guaranteed and direct loan programs, $202,470,000, of which
$198,299,000 shall be transferred to the appropriation for salaries and
expenses; and of which $4,171,000 shall be transferred to the
appropriation for the Office of Inspector General.
Government National Mortgage Association
guarantees of mortgage-backed securities loan guarantee program account
(including transfer of funds)
During fiscal year 1997, new commitments to issue guarantees to
carry out the purposes of section 306 of the National Housing Act, as
amended (12 U.S.C. 1721(g)), shall not exceed $110,000,000,000.
For administrative expenses necessary to carry out the guaranteed
mortgage-backed securities program, $9,101,000, to be derived from the
GNMA-guarantees of mortgage-backed securities guaranteed loan receipt
account, of which not to exceed $9,101,000 shall be transferred to the
appropriation for salaries and expenses.
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-1 et seq.),
including carrying out the functions of the Secretary under section
1(a)(1)(i) of Reorganization Plan No. 2 of 1968, $34,000,000, to remain
available until September 30, 1998.
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 by the Fair Housing Amendments Act of 1988, and for contracts
with qualified fair housing enforcement organizations, as authorized by
section 561 of the Housing and Community Development Act of 1987, as
amended, $30,000,000, to remain available until September 30, 1998, of
which $15,000,000 shall be to carry out activities pursuant to section
561.
Management and Administration
salaries and expenses
(including transfer of funds)
For necessary administrative and non-administrative expenses of the
Department of Housing and Urban Development, not otherwise provided
for, including not to exceed $7,000 for official reception and
representation expenses, $962,558,000 (reduced by $1,411,000) (reduced
by $42,00,000), of which $532,782,000 shall be provided from the
various funds of the Federal Housing Administration, $9,101,000 shall
be provided from funds of the Government National Mortgage Association,
and $675,000 shall be provided from the Community Development Grants
Program account.
office of inspector general
(including transfer of funds)
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978, as
amended, $52,850,000, of which $11,283,000 shall be provided from the
various funds of the Federal Housing Administration and $5,000,000
shall be provided from the amount earmarked for Operation Safe Home in
the Drug elimination grants for low income housing account.
Office of Federal Housing Enterprise Oversight
salaries and expenses
(including transfer of funds)
For carrying out the Federal Housing Enterprise Financial Safety
and Soundness Act of 1992, $14,895,000, to remain available until
expended, from the Federal Housing Enterprise Oversight Fund: Provided,
That such amounts shall be collected by the Director as authorized by
section 1316(a) and (b) of such Act, and deposited in the Fund under
section 1316(f) of such Act.
administrative provisions
Sec. 201. Minimum Rents.--Notwithstanding section 3(a) and 8(o)(2)
of the United States Housing Act of 1937, as amended, for fiscal year
1997--
(1) public housing agencies shall require each family who
is assisted under the certificate or moderate rehabilitation
program under section 8 of such Act to pay a minimum monthly
rent of up to $25;
(2) public housing agencies shall reduce the monthly
assistance payment on behalf of each family who is assisted
under the voucher program under section 8 of such Act so that
the family pays a minimum monthly rent of up to $25;
(3) with respect to housing assisted under other programs
for rental assistance under section 8 of such Act, the
Secretary shall require each family who is assisted under such
program to pay a minimum monthly rent of up to $25; and
(4) public housing agencies shall require each family who
is assisted under the public housing program (including public
housing for Indian families) to pay a minimum monthly rent of
up to $25.
Sec. 202. Administrative Fees.--Notwithstanding section 8(q) of the
United States Housing Act of 1937, as amended--
(a) The Secretary shall establish fees for the cost of
administering the certificate, voucher and moderate rehabilitation
programs.
(1)(A) For fiscal year 1997, the fee for each month for
which a dwelling unit is covered by an assistance contract
shall be 7.5 percent of the base amount, adjusted as provided
herein, in the case of an agency that, on an annual basis, is
administering a program of no more than 600 units, and 7
percent of the base amount, adjusted as provided herein, for
each additional unit above 600.
(B) The base amount shall be the higher of--
(i) the fair market rental for fiscal year 1993 for
a 2-bedroom existing rental dwelling unit in the market
area of the agency; and
(ii) such fair market rental for fiscal year 1994,
but not more than 103.5 percent of the amount
determined under clause (i).
(C) The base amount shall be adjusted to reflect changes in
the wage data or other objectively measurable data that reflect
the costs of administering the program during fiscal year 1996;
except that the Secretary may require that the base amount be
not less than a minimum amount and not more than a maximum
amount.
(2) For subsequent fiscal years, the Secretary shall
publish a notice in the Federal Register, for each geographic
area, establishing the amount of the fee that would apply for
the agencies administering the program, based on changes in
wage data or other objectively measurable data that reflect the
cost of administering the program, as determined by the
Secretary.
(3) The Secretary may increase the fee if necessary to
reflect higher costs of administering small programs and
programs operating over large geographic areas.
(4) The Secretary may decrease the fee for PHA-owned units.
(b) Beginning in fiscal year 1997 and thereafter, the Secretary
shall also establish reasonable fees (as determined by the Secretary)
for--
(1) the costs of preliminary expenses, in the amount of
$500, for a public housing agency, but only in the first year
it administers a tenant-based assistance program under the
United States Housing Act of 1937 and only if, immediately
before the effective date of this Act, it was not administering
a tenant-based assistance program under the 1937 Act (as in
effect immediately before the effective date of this Act), in
connection with its initial increment of assistance received;
(2) the costs incurred in assisting families who experience
difficulty (as determined by the Secretary) in obtaining
appropriate housing under the program; and
(3) extraordinary costs approved by the Secretary.
Sec. 203. Single Family Assignment Program.--Section 407(c) of the
Balanced Budget Downpayment Act, I (12 U.S.C. 1710 note), is amended by
striking ``October 1, 1996'' and inserting ``October 1, 1997''.
Sec. 204. Flexible Authority.--During fiscal year 1997 and fiscal
years thereafter, the Secretary may manage and dispose of multifamily
properties owned by the Secretary and multifamily mortgages held by the
Secretary on such terms and conditions as the Secretary may determine,
notwithstanding any other provision of law.
TITLE III
INDEPENDENT AGENCIES
American Battle Monuments Commission
salaries and expenses
For necessary expenses, not otherwise provided for, of the American
Battle Monuments Commission, including the acquisition of land or
interest in land in foreign 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 insurance of official motor
vehicles in foreign countries, when required by law of such countries;
$22,265,000, to remain available until expended: Provided, That where
station allowance has been authorized by the Department of the Army for
officers of the Army serving the Army at certain foreign stations, the
same 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 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 Government agencies, including the
Armed Forces, for salary, pay, and allowances of personnel assigned to
it.
Department of the Treasury
Community Development Financial Institutions
community development financial institutions fund program account
For grants, loans, and technical assistance to qualifying community
development lenders, and administrative expenses of the Fund,
$45,000,000, to remain available until September 30, 1998, of which
$8,000,000 may be used for the cost of direct loans, and up to $800,000
may be used for administrative expenses to carry out the direct loan
program: Provided, That the cost of direct loans, including the cost of
modifying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974: Provided further, That not more than
$19,400,000 of the funds made available under this heading may be used
for programs and activities authorized in section 114 of the Community
Development Banking and Financial Institutions Act of 1994.
Consumer Product Safety Commission
salaries and expenses
For necessary expenses of the Consumer Product Safety Commission,
including hire of passenger motor vehicles, 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 nominal awards to
recognize non-Federal officials' contributions to Commission
activities, and not to exceed $500 for official reception and
representation expenses, $42,500,000.
Corporation for National and Community Service
national and community service programs operating expenses
(including transfer of funds)
For necessary expenses for the Corporation for National and
Community Service (referred to in the matter under this heading as the
``Corporation'') in carrying out programs, activities, and initiatives
under the National and Community Service Act of 1990 (referred to in
the matter under this heading as the ``Act'') (42 U.S.C. 12501 et
seq.), $365,000,000, of which $265,000,000 shall be available for
obligation from September 1, 1997, through September 30, 1998:
Provided, That not more than $25,000,000 shall be available for
administrative expenses authorized under section 501(a)(4) of the Act
(42 U.S.C. 12671(a)(4)): Provided further, That not more than $2,500
shall be for official reception and representation expenses: Provided
further, That not more than $40,000,000, to remain available without
fiscal year limitation, shall be transferred to the National Service
Trust account for educational awards authorized under subtitle D of
title I of the Act (42 U.S.C. 12601 et seq.): Provided further, That
not more than $201,000,000 of the amount provided under this heading
shall be available for grants under the National Service Trust program
authorized under subtitle C of title I of the Act (42 U.S.C. 12571 et
seq.) (relating to activities including the Americorps program):
Provided further, That not more than $5,000,000 of the funds made
available under this heading shall be made available for the Points of
Light Foundation for activities authorized under title III of the Act
(42 U.S.C. 12661 et seq.): Provided further, That no funds shall be
available for national service programs run by Federal agencies
authorized under section 121(b) of such Act (42 U.S.C. 12571(b)):
Provided further, That to the maximum extent feasible, funds
appropriated in the preceding proviso shall be provided in a manner
that is consistent with the recommendations of peer review panels in
order to ensure that priority is given to programs that demonstrate
quality, innovation, replicability, and sustainability: Provided
further, That not more than $17,500,000 of the funds made available
under this heading shall be available for the Civilian Community Corps
authorized under subtitle E of title I of the Act (42 U.S.C. 12611 et
seq.): Provided further, That not more than $41,500,000 shall be
available for school-based and community-based service-learning
programs authorized under subtitle B of title I of the Act (42 U.S.C.
12521 et seq.): Provided further, That not more than $30,000,000 shall
be available for quality and innovation activities authorized under
subtitle H of title I of the Act (42 U.S.C. 12853 et seq.): Provided
further, That not more than $5,000,000 shall be available for audits
and other evaluations authorized under section 179 of the Act (42
U.S.C. 12639): Provided further, That no funds from any other
appropriation, or from funds otherwise made available to the
Corporation, shall be used to pay for personnel compensation and
benefits, travel, or any other administrative expense for the Board of
Directors, the Office of the Chief Executive Officer, the Office of the
Managing Director, the Office of the Chief Financial Officer, the
Office of National and Community Service Programs, the Civilian
Community Corps, or any field office or staff of the Corporation
working on the National and Community Service or Civilian Community
Corps programs: Provided further, That to the maximum extent
practicable, the Corporation shall increase significantly the level of
matching funds and in-kind contributions provided by the private
sector, shall expand significantly the number of educational awards
provided under subtitle D of title I, and shall reduce the total
Federal costs per participant in all programs.
office of inspector general
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978, as
amended, $2,000,000.
Court of Veterans Appeals
salaries and expenses
For necessary expenses for the operation of the United States Court
of Veterans Appeals as authorized by 38 U.S.C. sections 7251-7292,
$9,229,000 (increased by $1,411,000), of which $634,000, to remain
available until September 30, 1998, shall be available for the purpose
of providing financial assistance as described, and in accordance with
the process and reporting procedures set forth, under this heading in
Public Law 102-227.
Department of Defense--Civil Cemeterial Expenses, Army
salaries and expenses
For necessary expenses, as authorized by law, for maintenance,
operation, and improvement of Arlington National Cemetery and Soldiers'
and Airmen's Home National Cemetery, including the purchase of one
passenger motor vehicle for replacement only, and not to exceed $1,000
for official reception and representation expenses, $11,600,000, to
remain available until expended.
Environmental Protection Agency
science and technology
For science and technology, including research and development
activities, which shall include research and development activities
under the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (CERCLA), as amended; necessary expenses for
personnel and related costs and travel expenses, including uniforms, or
allowances therefore, as authorized by 5 U.S.C. 5901-5902; services as
authorized by 5 U.S.C. 3109, but at rates for individuals not to exceed
the per diem rate equivalent to the rate for GS-18; procurement of
laboratory equipment and supplies; other operating expenses in support
of research and development; construction, alteration, repair,
rehabilitation and renovation of facilities, not to exceed $75,000 per
project, $540,000,000 (reduced by $1,500,000), which shall remain
available until September 30, 1998.
environmental programs and management
For environmental programs and management, including necessary
expenses, not otherwise provided for, for personnel and related costs
and travel expenses, including uniforms, or allowances therefore, as
authorized by 5 U.S.C. 5901-5902; services as authorized by 5 U.S.C.
3109, but at rates for individuals not to exceed the per diem rate
equivalent to the rate for GS-18; hire of passenger motor vehicles;
hire, maintenance, and operation of aircraft; 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 $75,000 per
project; and not to exceed $6,000 for official reception and
representation expenses, $1,703,000,000 (increased by $1,500,000),
which shall remain available until September 30, 1998.
office of inspector general
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978, as
amended, and for construction, alteration, repair, rehabilitation, and
renovation of facilities, not to exceed $75,000 per project,
$28,500,000.
buildings and facilities
For construction, repair, improvement, extension, alteration, and
purchase of fixed equipment or facilities of, or for use by, the
Environmental Protection Agency, $107,220,000, to remain available
until expended: Provided, That EPA is authorized to establish and
construct a consolidated research facility at Research Triangle Park,
North Carolina, at a maximum total construction cost of $232,000,000,
and to obligate such monies as are made available by this Act for this
purpose: Provided further, That EPA is authorized to construct such
facility through multi-year contracts incrementally funded through
appropriations hereafter made available for this project: Provided
further, That, notwithstanding the previous provisos, for monies
obligated pursuant to this authority, EPA may not obligate monies in
excess of those provided in advance in annual appropriations, and such
contracts shall clearly provide for this limitation.
hazardous substance superfund
(including transfer of funds)
For necessary expenses to carry out the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (CERCLA), as amended,
including sections 111 (c)(3), (c)(5), (c)(6), and (e)(4) (42 U.S.C.
9611), and for construction, alteration, repair, rehabilitation, and
renovation of facilities, not to exceed $75,000 per project; not to
exceed $2,201,200,000, to remain available until expended, consisting
of $1,951,200,000 as authorized by section 517(a) of the Superfund
Amendments and Reauthorization Act of 1986 (SARA), as amended by Public
Law 101-508, and $250,000,000 as a payment from general revenues to the
Hazardous Substance Superfund as authorized by section 517(b) of SARA,
as amended by Public Law 101-508: Provided, That funds appropriated
under this heading may be allocated to other Federal agencies in
accordance with section 111(a) of CERCLA: Provided further, That
$11,000,000 of the funds appropriated under this heading shall be
transferred to the ``Office of Inspector General'' appropriation to
remain available until September 30, 1997: Provided further, That
notwithstanding section 111(m) of CERCLA or any other provision of law,
not to exceed $59,000,000 of the funds appropriated under this heading
shall be available to the Agency for Toxic Substances and Disease
Registry to carry out activities described in sections 104(i),
111(c)(4), and 111(c)(14) of CERCLA and section 118(f) of the Superfund
Amendments and Reauthorization Act of 1986: Provided further, That
$35,000,000 of the funds appropriated under this heading shall be
transferred to the ``Science and technology'' appropriation to remain
available until September 30, 1998: 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 pursuant to section 104(i) of CERCLA during
fiscal year 1997: Provided further, That $861,000,000 of the funds
appropriated under this heading shall become available for obligation
only upon the enactment of future appropriations legislation that
specifically makes these funds available for obligation: Provided
further, That $1,200,000 of the funds appropriatated under this heading
shall be used by the Agency for Toxic Substances and Disease Registry
to conduct a health effects study of the Toms River Cancer Cluster in
the Toms River area in the State of New Jersey.
leaking underground storage tank trust fund
(including transfer of funds)
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, and for construction,
alteration, repair, rehabilitation, and renovation of facilities, not
to exceed $75,000 per project, $46,500,000 (increased by $20,000,000),
to remain available until expended: Provided, That no more than
$7,000,000 shall be available for administrative expenses: Provided
further, That $577,000 shall be transferred to the ``Office of
Inspector General'' appropriation to remain available until September
30, 1997.
oil spill response
(including transfer of funds)
For expenses necessary to carry out the Environmental Protection
Agency's responsibilities under the Oil Pollution Act of 1990,
$15,000,000, to be derived from the Oil Spill Liability trust fund, and
to remain available until expended: Provided, That not more than
$8,000,000 of these funds shall be available for administrative
expenses.
state and tribal assistance grants
For environmental programs and infrastructure assistance, including
capitalization grants for State revolving funds and performance
partnership grants, $2,768,207,000, to remain available until expended,
of which $1,800,000,000 shall be for making capitalization grants for
State revolving funds to support water infrastructure financing;
$100,000,000 for architectural, engineering, planning, design,
construction and related activities in connection with the construction
of high priority water and wastewater facilities in the area of the
United States-Mexico Border, after consultation with the appropriate
border commission; $50,000,000 for grants to the State of Texas, which
shall be matched by an equal amount of State funds from State
resources, for the purpose of improving wastewater treatment for
colonias; $15,000,000 for grants to the State of Alaska subject to an
appropriate cost share as determined by the Administrator, to address
wastewater infrastructure needs of rural and Alaska Native Villages;
$129,000,000 for making grants for the construction of wastewater
treatment facilities and the development of groundwater in accordance
with the terms and conditions specified for such grants in the Report
accompanying this Act; and $674,207,000 for grants to States and
federally recognized tribes for multi-media or single media pollution
prevention, control and abatement and related activities pursuant to
the provisions set forth under this heading in Public Law 104-134:
Provided, That, from funds appropriated under this heading, the
Administrator may make grants to federally recognized Indian
governments for the development of multi-media environmental programs:
Provided further, That of the $1,800,000,000 for capitalization grants
for State revolving funds to support water infrastructure financing,
$450,000,000 shall be for drinking water State revolving funds, but if
no drinking water State revolving fund legislation is enacted by June
1, 1997, these funds shall immediately be available for making
capitalization grants under title VI of the Federal Water Pollution
Control Act, as amended.
working capital fund
(including transfer of funds)
There is hereby established in the Treasury a franchise fund pilot
to be known as the ``Working capital fund'', as authorized by section
403 of Public Law 103-356, to be available as provided in such section
for expenses and equipment necessary for the maintenance and operation
of such administrative services as the Administrator determines may be
performed more advantageously as central services: Provided, That any
inventories, equipment, and other assets pertaining to the services to
be provided by such fund, either on hand or on order, less the related
liabilities or unpaid obligations, and any appropriations made
hereafter for the purpose of providing capital, shall be used to
capitalize such fund: Provided further, That such fund shall be paid in
advance from funds available to the Agency and other Federal agencies
for which such centralized services are performed, at rates which will
return in full all expenses of operation, including accrued leave,
depreciation of fund plant and equipment, amortization of automated
data processing (ADP) software and systems (either acquired or
donated), and an amount necessary to maintain a reasonable operating
reserve, as determined by the Administrator: Provided further, That
such fund shall provide services on a competitive basis: Provided
further, That an amount not to exceed four percent of the total annual
income to such fund may be retained in the fund for fiscal year 1997
and each fiscal year thereafter, to remain available until expended, to
be used for the acquisition of capital equipment and for the
improvement and implementation of Agency financial management, ADP, and
other support systems: Provided further, That no later than thirty days
after the end of each fiscal year amounts in excess of this reserve
limitation shall be transferred to the Treasury: Provided further, That
such franchise fund pilot shall terminate pursuant to section 403(f) of
Public Law 103-356.
administrative provision
Sec. 301. Notwithstanding any other provision of law, funds made
available in this Act to the Environmental Protection Agency for any
account, program or project may be transferred to Science and
Technology for necessary research activities, subject to the terms and
conditions set forth in the Report accompanying this Act.
Executive Office of the President
office of science and technology policy
For necessary expenses of the Office of Science and Technology
Policy, in carrying out the purposes of the National Science and
Technology Policy, Organization, and Priorities Act of 1976 (42 U.S.C.
6601 and 6671), hire of passenger motor vehicles, and services as
authorized by 5 U.S.C. 3109, not to exceed $2,500 for official
reception and representation expenses, and rental of conference rooms
in the District of Columbia, $4,932,000.
council on environmental quality and office of environmental quality
For necessary expenses to continue functions assigned to the
Council on Environmental Quality and Office of Environmental Quality
pursuant to the National Environmental Policy Act of 1969, the
Environmental Quality Improvement Act of 1970, and Reorganization Plan
No. 1 of 1977, $2,250,000.
Federal Emergency Management Agency
disaster relief
For necessary expenses in carrying out the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.),
$1,120,000,000, and, notwithstanding 42 U.S.C. 5203, to become
available for obligation on September 30, 1997, and remain available
until expended.
disaster assistance direct loan program account
For the cost of direct loans, $1,385,000, as authorized by section
319 of the Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5121 et seq.): 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 $25,000,000.
In addition, for administrative expenses to carry out the direct
loan program, $548,000.
salaries and expenses
For necessary expenses, not otherwise provided for, including hire
and purchase of motor vehicles (31 U.S.C. 1343); 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; 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 programs 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 $2,500 for official
reception and representation expenses, $168,000,000.
office of inspector general
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978, as
amended, $4,533,000.
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 Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.), the Earthquake Hazards
Reduction Act of 1977, as amended (42 U.S.C. 7701 et seq.), the Federal
Fire Prevention and Control Act of 1974, as amended (15 U.S.C. 2201 et
seq.), the Defense Production Act of 1950, as amended (50 U.S.C. App.
2061 et seq.), sections 107 and 303 of the National Security Act of
1947, as amended (50 U.S.C. 404-405), and Reorganization Plan No. 3 of
1978, $209,101,000.
emergency food and shelter program
To carry out an emergency food and shelter program pursuant to
title III of Public Law 100-77, as amended, $100,000,000: Provided,
That total administrative costs shall not exceed three and one-half
percent of the total appropriation.
national flood insurance fund
For activities under the National Flood Insurance Act of 1968, the
Flood Disaster Protection Act of 1973, and the National Flood Insurance
Reform Act of 1994, not to exceed $20,981,000 for salaries and expenses
associated with flood mitigation and flood insurance operations, and
not to exceed $78,464,000 for flood mitigation, including up to
$20,000,000 for expenses under section 1366 of the National Flood
Insurance Act, which amount shall be available until September 30,
1998. In fiscal year 1997, no funds in excess of (1) $47,000,000 for
operating expenses, (2) $335,680,000 for agents' commissions and taxes,
and (3) $35,000,000 for interest on Treasury borrowings shall be
available from the National Flood Insurance Fund without prior notice
to the Committees on Appropriations. For fiscal year 1997, flood
insurance rates shall not exceed the level authorized by the National
Flood Insurance Reform Act of 1994.
working capital fund
For the establishment of a working capital fund for the Federal
Emergency Management Agency, to be available without fiscal year
limitation, for expenses and equipment necessary for maintenance and
operations of such administrative services as the Director determines
may be performed more advantageously as central services: Provided,
That any inventories, equipment, and other assets pertaining to the
services to be provided by such fund, either on hand or on order, less
the related liabilities or unpaid obligations, and any appropriations
made hereafter for the purpose of providing capital, shall be used to
capitalize such fund: Provided further, That such fund shall be
reimbursed or credited with advance payments from applicable
appropriations and funds of the Federal Emergency Management Agency,
other Federal agencies, and other sources authorized by law for which
such centralized services are performed, including supplies, materials,
and services, at rates that will return in full all expenses of
operation, including accrued leave, depreciation of fund plant and
equipment, amortization of automated data processing (ADP) software and
systems (either acquired or donated), and an amount necessary to
maintain a reasonable operating reserve as determined by the Director:
Provided further, That income of such fund may be retained, to remain
available until expended, for purposes of the fund: Provided further,
That fees for services shall be established by the Director at a level
to cover the total estimated costs of providing such services, such
fees to be deposited in the fund shall remain available until expended
for purposes of the fund: Provided further, That such fund shall
terminate in a manner consistent with section 403(f) of Public Law 103-
356.
administrative provision
The Director of the Federal Emergency Management Agency shall
promulgate through rulemaking a methodology for assessment and
collection of fees to be assessed and collected beginning in fiscal
year 1997 applicable to persons subject to the Federal Emergency
Management Agency's radiological emergency preparedness regulations.
The aggregate charges assessed pursuant to this section during fiscal
year 1997 shall approximate, but not be less than, 100 per centum of
the amounts anticipated by the Federal Emergency Management Agency to
be obligated for its radiological emergency preparedness program for
such fiscal year. The methodology for assessment and collection of fees
shall be fair and equitable, and shall reflect the full amount of costs
of providing radiological emergency planning, preparedness, response
and associated services. Such fees shall be assessed in a manner that
reflects the use of agency resources for classes of regulated persons
and the administrative costs of collecting such fees. Fees received
pursuant to this section shall be deposited in the general fund of the
Treasury as offsetting receipts. Assessment and collection of such fees
are only authorized during fiscal year 1997.
General Services Administration
consumer information center fund
For necessary expenses of the Consumer Information Center,
including services authorized by 5 U.S.C. 3109, $2,260,000, 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 Information Center
activities in the aggregate amount of $7,500,000. Administrative
expenses of the Consumer Information Center in fiscal year 1997 shall
not exceed $2,602,000. Appropriations, revenues, and collections
accruing to this fund during fiscal year 1997 in excess of $7,500,000
shall remain in the fund and shall not be available for expenditure
except as authorized in appropriations Acts: Provided further, That
notwithstanding any other provision of law, the Consumer Information
Center may accept and deposit to this account, during fiscal year 1997,
gifts for the purpose of defraying its costs of printing, publishing,
and distributing consumer information and educational material; may
expend up to $1,100,000 of those gifts for those purposes, in addition
to amounts otherwise appropriated; and the balance shall remain
available for expenditure for such purpose to the extent authorized in
subsequent appropriations Acts.
National Aeronautics and Space Administration
human space flight
For necessary expenses, not otherwise provided for, in the conduct
and support of human space flight research and development activities,
including research, development, operations, and services; maintenance;
construction of facilities including repair, rehabilitation, and
modification of real and personal property, and acquisition or
condemnation of real property, as authorized by law; space flight,
spacecraft control and communications activities including operations,
production, and services; and purchase, lease, charter, maintenance and
operation of mission and administrative aircraft, $5,362,900,000, to
remain available until September 30, 1998.
science, aeronautics and technology
For necessary expenses, not otherwise provided for, in the conduct
and support of science, aeronautics and technology research and
development activities, including research, development, operations,
and services; maintenance; construction of facilities including repair,
rehabilitation, and modification of real and personal property, and
acquisition or condemnation of real property, as authorized by law;
space flight, spacecraft control and communications activities
including operations, production, and services; and purchase, lease,
charter, maintenance and operation of mission and administrative
aircraft, $5,662,100,000, to remain available until September 30, 1998.
Chapter VII of Public Law 104-6 is amended under the heading,
``National Aeronautics and Space Administration'' by replacing
``September 30, 1997'' with ``September 30, 1998'' and ``1996'' with
``1997''.
mission support
For necessary expenses, not otherwise provided for, in carrying out
mission support for human space flight programs and science,
aeronautical, and technology programs, including research operations
and support; space communications activities including operations,
production and services; maintenance; construction of facilities
including repair, rehabilitation, and modification of facilities, minor
construction of new facilities and additions to existing facilities,
facility planning and design, environmental compliance and restoration,
and acquisition or condemnation of real property, as authorized by law;
program management; personnel and related costs, including uniforms or
allowances therefor, as authorized by 5 U.S.C. 5901-5902; travel
expenses; purchase, lease charter, maintenance, and operation of
mission and administrative aircraft; not to exceed $35,000 for official
reception and representation expenses; and purchase (not to exceed 33
for replacement only) and hire of passenger motor vehicles;
$2,562,200,000, to remain available until September 30, 1998.
office of inspector general
For necessary expenses of the Office of Inspector General in
carrying out the Inspector General Act of 1978, as amended,
$17,000,000.
administrative provisions
(including transfer of funds)
Notwithstanding the limitation on the availability of funds
appropriated for ``Human space flight'', ``Science, aeronautics and
technology'', or ``Mission support'' by this appropriations Act, when
(1) any activity has been initiated by the incurrence of obligations
for construction of facilities as authorized by law, or (2) amounts are
provided for full-funding for the Tracking and Data Relay Satellite
(TDRS) replenishment program, such amount available for such activity
shall remain available until expended. This provision does not apply to
the amounts appropriated in ``Mission support'' pursuant to the
authorization for repair, rehabilitation and modification of
facilities, minor construction of new facilities and additions to
existing facilities, and facility planning and design.
Notwithstanding the limitation on the availability of funds
appropriated for ``Human space flight'', ``Science, aeronautics and
technology'', or ``Mission support'' by this appropriations Act, the
amounts appropriated for construction of facilities shall remain
available until September 30, 1999.
Notwithstanding the limitation on the availability of funds
appropriated for ``Mission support'' and ``Office of Inspector
General'', amounts made available by this Act for personnel and related
costs and travel expenses of the National Aeronautics and Space
Administration shall remain available until September 30, 1997 and may
be used to enter into contracts for training, investigations, cost
associated with personnel relocation, and for other services, to be
provided during the next fiscal year.
National Credit Union Administration
central liquidity facility
During fiscal year 1997, 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 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 1997 shall not exceed $560,000: Provided further, That
$1,000,000, together with amounts of principal and interest on loans
repaid, to be available until expended, is available for loans to
community development credit unions.
National Science Foundation
research and related activities
For necessary expenses in carrying out the National Science
Foundation Act of 1950, as amended (42 U.S.C. 1861-1875), and the Act
to establish a National Medal of Science (42 U.S.C. 1880-1881);
services as authorized by 5 U.S.C. 3109; maintenance and operation of
aircraft and purchase of flight services for research support;
acquisition of aircraft; $2,422,000,000 (increased by $9,110,000), of
which not to exceed $226,000,000 shall remain available until expended
for Polar research and operations support, and for reimbursement to
other Federal agencies for operational and science support and
logistical and other related activities for the United States Antarctic
program; the balance to remain available until September 30, 1998:
Provided, 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 to the extent that the amount
appropriated is less than the total amount authorized to be
appropriated for included program activities, all amounts, including
floors and ceilings, specified in the authorizing Act for those program
activities or their subactivities shall be reduced proportionally.
major research equipment
For necessary expenses of major construction projects pursuant to
the National Science Foundation Act of 1950, as amended, $80,000,000,
to remain available until expended.
education and human resources
For necessary expenses in carrying out science and engineering
education and human resources programs and activities pursuant to the
National Science Foundation Act of 1950, as amended (42 U.S.C. 1861-
1875), including services as authorized by 5 U.S.C. 3109 and rental of
conference rooms in the District of Columbia, $612,000,000, to remain
available until September 30, 1998: Provided, That to the extent that
the amount of this appropriation is less than the total amount
authorized to be appropriated for included program activities, all
amounts, including floors and ceilings, specified in the authorizing
Act for those program activities or their subactivities shall be
reduced proportionally.
salaries and expenses
For necessary salaries and expenses of the National Science
Foundation Act of 1950, as amended (42 U.S.C. 1861-1875); services
authorized by 5 U.S.C. 3109; hire of passenger motor vehicles; not to
exceed $9,000 for official reception and representation expenses;
uniforms or allowances therefor, as authorized by 5 U.S.C. 5901-5902;
rental of conference rooms in the District of Columbia; reimbursement
of the General Services Administration for security guard services and
headquarters relocation; $134,310,000 (reduced by $9,110,000):
Provided, That contracts may be entered into under salaries and
expenses in fiscal year 1997 for maintenance and operation of
facilities, and for other services, to be provided during the next
fiscal year.
office of inspector general
For necessary expenses of the Office of Inspector General as
authorized by the Inspector General Act of 1978, as amended,
$4,690,000, to remain available until September 30, 1998.
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), $50,000,000.
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 5
U.S.C. 4101-4118 for civilian employees; and not to exceed $1,000 for
official reception and representation expenses; $22,930,000: Provided,
That during the current fiscal year, the President may exempt this
appropriation from the provisions of 31 U.S.C. 1341, whenever he deems
such action to be necessary in the interest of national defense:
Provided further, That none of the funds appropriated by this Act may
be expended for or in connection with the induction of any person into
the Armed Forces of the United States.
TITLE IV--GENERAL PROVISIONS
Sec. 401. Where appropriations in titles I, II, and III of this Act
are expendable for travel expenses and no specific limitation has been
placed thereon, the expenditures for such travel expenses may not
exceed the amounts set forth therefore 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 Department of Veterans Affairs; to travel performed in
connection with major disasters or emergencies declared or determined
by the President under the provisions of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act; to travel performed by
the Offices of Inspector General in connection with audits and
investigations; or to payments to interagency motor pools where
separately set forth in the budget schedules: Provided further, That if
appropriations in titles I, II, and III exceed the amounts set forth in
budget estimates initially submitted for such appropriations, the
expenditures for travel may correspondingly exceed the amounts
therefore set forth in the estimates in the same proportion.
Sec. 402. Appropriations and funds available for the administrative
expenses of the Department of Housing and Urban Development and the
Selective Service System shall be available in the current fiscal year
for purchase of uniforms, or allowances therefor, as authorized by 5
U.S.C. 5901-5902; hire of passenger motor vehicles; and services as
authorized by 5 U.S.C. 3109.
Sec. 403. Funds of the Department of Housing and Urban Development
subject to the Government 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 services 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
certification, and without such a voucher or abstract,
is specifically authorized by law; and
(2) unless such expenditure is subject to audit by the
General Accounting Office or is specifically exempt by law from
such audit.
Sec. 406. None of the funds provided in this Act to any department
or agency may be expended for the transportation of any officer or
employee of such department or agency between his domicile and his
place of employment, with the exception of any officer or employee
authorized such transportation under 31 U.S.C. 1344 or 5 U.S.C. 7905.
Sec. 407. None of the funds provided in this Act may be used for
payment, through grants or contracts, to recipients that do not share
in the cost of conducting research resulting from proposals not
specifically solicited by the Government: Provided, That the extent of
cost sharing by the recipient shall reflect the mutuality of interest
of the grantee or contractor and the Government in the research.
Sec. 408. None of the funds in this Act may be used, directly or
through grants, to pay or to provide 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 rate paid for Level
IV of the Executive Schedule, unless specifically authorized by law.
Sec. 409. None of the funds provided in this Act shall be used to
pay the expenses of, or otherwise compensate, non-Federal parties
intervening in regulatory or adjudicatory proceedings. Nothing herein
affects 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. 410. 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. 411. Except as otherwise provided by law, no part of any
appropriation contained in this Act shall be obligated or expended by
any executive agency, as referred to in the Office of Federal
Procurement Policy Act (41 U.S.C. 401 et seq.), for a contract for
services unless such executive agency (1) has awarded and entered into
such contract in full compliance with such Act and the regulations
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 concerning (A) the contract
pursuant to which the report was prepared, and (B) the contractor who
prepared the report pursuant to such contract.
Sec. 412. 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. 413. None of the funds provided in this Act to any department
or agency shall be obligated or expended to procure passenger
automobiles as defined in 15 U.S.C. 2001 with an EPA estimated miles
per gallon average of less than 22 miles per gallon.
Sec. 414. None of the funds appropriated in title I of this Act
shall be used to enter into any new lease of real property if the
estimated annual rental is more than $300,000 unless the Secretary
submits, in writing, a report to the Committees on Appropriations of
the Congress and a period of 30 days has expired following the date on
which the report is received by the Committees on Appropriations.
Sec. 415. (a) Purchase of American-Made Equipment and Products.--It
is the sense of the Congress that, to the greatest extent practicable,
all equipment and products purchased with funds made available in this
Act should be American-made.
(b) Notice Requirement.--In providing financial assistance to, or
entering into any contract with, any entity using funds made available
in this Act, the head of each Federal agency, to the greatest extent
practicable, shall provide to such entity a notice describing the
statement made in subsection (a) by the Congress.
Sec. 416. None of the funds appropriated in this Act may be used to
implement any cap on reimbursements to grantees for indirect costs,
except as published in Office of Management and Budget Circular A-21.
Sec. 417. Such sums as may be necessary for fiscal year 1997 pay
raises for programs funded by this Act shall be absorbed within the
levels appropriated in this Act.
Sec. 418. None of the funds made available in this Act may be used
for any program, project, or activity, when it is made known to the
Federal entity or official to which the funds are made available that
the program, project, or activity is not in compliance with any Federal
law relating to risk assessment, the protection of private property
rights, or unfunded mandates.
Sec. 419. Such funds as may be necessary to carry out the orderly
termination of the Office of Consumer Affairs shall be made available
from funds appropriated to the Department of Health and Human Services
for fiscal year 1997.
Sec. 420. Corporations and agencies of the Department of Housing
and Urban Development 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 1997
for such corporation or agency except as hereinafter provided:
Provided, 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 appropriations
Acts), except that this proviso shall not apply to the mortgage
insurance or guaranty operations of these corporations, or where loans
or mortgage purchases are necessary to protect the financial interest
of the United States Government.
Sec. 421. None of the funds appropriated or otherwise made
available by this Act may be used to pay the salaries of personnel who
approve a contract for the purchase, lease, or acquisition in any
manner of supercomputing equipment or services after a preliminary
determination, as defined in 19 U.S.C. 1673b, or final determination,
as defined in 19 U.S.C. 1673d, by the Department of Commerce that an
organization providing such supercomputing equipment or services has
offered such product at other than fair value.
Sec. 422. None of the funds made available in this Act for the
National Aeronautics and Space Administration may be used for the
National Center for Science Literacy, Education and Technology at the
American Museum of Natural History.
Sec. 423. (a) Denial of Funds for Preventing ROTC Access to
Campus.--None of the funds made available in this Act may be provided
by contract or by grant (including a grant of funds to be available for
student aid) to an institution of higher education when it is made
known to the Federal official having authority to obligate or expend
such funds that the institution (or any subelement thereof) has a
policy or practice (regardless of when implemented) that prohibits, or
in effect prevents--
(1) the maintaining, establishing, or operation of a unit
of the Senior Reserve Officer Training Corps (in accordance
with section 654 of title 10, United States Code, and other
applicable Federal laws) at the institution (or subelement); or
(2) a student at the institution (or subelement) from
enrolling in a unit of the Senior Reserve Officer Training
Corps at another institution of higher education.
(b) Exception.--The limitation established in subsection (a) shall
not apply to an institution of higher education when it is made known
to the Federal official having authority to obligate or expend such
funds that--
(1) the institution (or subelement) has ceased the policy
or practice described in such subsection; or
(2) the institution has a longstanding policy of pacifism
based on historical religious affiliation.
Sec. 424. (a) Denial of Funds for Preventing Federal Military
Recruiting on Campus.--None of the funds made available in this Act may
be provided by contract or grant (including a grant of funds to be
available for student aid) to any institution of higher education when
it is made known to the Federal official having authority to obligate
or expend such funds that the institution (or any subelement thereof)
has a policy or practice (regardless of when implemented) that
prohibits, or in effect prevents--
(1) entry to campuses, or access to students (who are 17
years of age or older) on campuses, for purposes of Federal
military recruiting; or
(2) access to the following information pertaining to
students (who are 17 years of age or older) for purposes of
Federal military recruiting: student names, addresses,
telephone listings, dates and places of birth, levels of
education, degrees received, prior military experience, and the
most recent previous educational institutions enrolled in by
the students.
(b) Exception.--The limitation established in subsection (a) shall
not apply to an institution of higher education when it is made known
to the Federal official having authority to obligate or expend such
funds that--
(1) the institution (or subelement) has ceased the policy
or practice described in such subsection; or
(2) the institution has a longstanding policy of pacifism
based on historical religious affiliation.
Sec. 425. None of the funds made available in this Act may be
obligated or expended to enter into or renew a contract with an entity
when it is made known to the Federal official having authority to
obligate or expend such funds that--
(1) such entity is otherwise a contractor with the United
States and is subject to the requirement in section 4212(d) of
title 38, United States Code, regarding submission of an annual
report to the Secretary of Labor concerning employment of
certain veterans; and
(2) such entity has not submitted a report as required by
that section for the most recent year for which such
requirement was applicable to such entity.
Sec. 426. The amount provided in title I for ``Veterans Health
Administration--Medical Care'' is hereby increased by, the amount
provided in title I for ``Departmental Administration--General
operating expenses'' is hereby increased by, and the total of the
amounts of budget authority provided in this Act for payments not
required by law for the fiscal year ending September 30, 1997 (other
than any amount of budget authority provided in title I and any such
amount provided in title III for the American Battle Monuments
Commission, the Court of Veterans Appeals, or Cemeterial Expenses,
Army), is hereby reduced by, $40,000,000, $17,000,000, and 0.40
percent, respectively.
Sec. 427. The amounts otherwise provided by this Act are revised by
increasing the amount made available for ``Veterans Health
Administration--Medical Care'', increasing the amount made available
for ``Veterans Health Administration--Medical and Prosthetic
Research'', reducing the amount made available for ``Corporation for
National and Community Service--National and Community Service Programs
Operating Expenses'', and reducing the amount made available for
``Corporation for National and Community Service--Office of Inspector
General'', by $20,000,000, $20,000,000, $365,000,000, and $2,000,000,
respectively.
Sec. 428. None of the funds made available in this Act may be used
by the Environmental Protection Agency to issue, reissue, or renew any
approval or authorization for any facility to store or dispose of
polychlorinated biphenyls when it is made known to the Federal official
having authority to obligate or expend such funds that there is in
effect at the time of the issuance, reissuance, or renewal a rule
authorizing any person to import into the customs territory of the
United States for treatment or disposal any polychlorinated biphenyls,
or polychlorinated biphenyl items, at concentrations of more than 50
parts per million.
Sec. 429. None of the funds made available to the Environmental
Protection Agency under the heading ``Hazardous Substance Superfund''
may be used to implement any retroactive liability discount
reimbursement described in the amendment made by section 201 of H.R.
2500, as introduced on October 18, 1995.
Sec. 430. FHA Mortgage Insurance Premiums.--Section 203(c)(2)(A) of
the National Housing Act (12 U.S.C. 1709(c)(2)(A)) is amended by
inserting after the first sentence the following new sentence: ``In the
case of mortgage for which the mortgagor is a first-time homebuyer who
completes a program of counseling with respect to the responsibilities
and financial management involved in homeownership that is approved by
the Secretary, the premium payment under this subparagraph shall not
exceed 2.0 percent of the amount of the original insured principal
obligation of the mortgage.''.
Sec. 431. (a) Authority to Use Amounts Borrowed From Family Members
for Downpayments on FHA-insured Loans.--Section 203(b)(9) of the
National Housing Act (12 U.S.C. 1709(b)(9)) is amended by inserting
before the period at the end the following: ``: Provided further, That
for purposes of this paragraph, the Secretary shall consider as cash or
its equivalent any amounts borrowed from a family member (as such term
is defined in section 201), subject only to the requirements that, in
any case in which the repayment of such borrowed amounts is secured by
a lien against the property, such lien shall be subordinate to the
mortgage and the sum of the principal obligation of the mortgage and
the obligation secured by such lien may not exceed 100 percent of the
appraised value of the property plus any initial service charges,
appraisal, inspection, and other fees in connection with the
mortgage''.
(b) Definition of Family Member.--Section 201 of the National
Housing Act (12 U.S.C. 1707) is amended by adding at the end the
following new subsections:
``(e) The term `family member' means, with respect to a mortgagor
under such section, a child, parent, or grandparent of the mortgagor
(or the mortgagor's spouse). In determining whether any of the
relationships referred to in the preceding sentence exist, a legally
adopted son or daughter of an individual (and a child who is a member
of an individual's household, if placed with such individual by an
authorized placement agency for legal adoption by such individual), and
a foster child of an individual, shall be treated as a child of such
individual by blood.
``(f) The term `child' means, with respect to a mortgagor under
such section, a son, stepson, daughter, or stepdaughter of such
mortgagor.''.
Sec. 432. Sections 401 and 402 of the bill, H.R. 1708, 104th
Congress, as introduced in the House of Representatives on May 24,
1995, are hereby enacted into law.
Sec. 433. None of the funds made available in this Act for the
National Aeronautics and Space Administration may be used to carry out,
or pay the salaries of personnel who carry out, the Bion 11 and Bion 12
projects.
This Act may be cited as the ``Departments of Veterans Affairs and
Housing and Urban Development, and Independent Agencies Appropriations
Act, 1997''.
Passed the House of Representatives June 26, 1996.
Attest:
ROBIN H. CARLE,
Clerk.
By Linda Nave,
Deputy Clerk.