[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3666 Reported in Senate (RS)]
Calendar No. 493
104th CONGRESS
2d Session
H. R. 3666
[Report No. 104-318]
_______________________________________________________________________
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.
_______________________________________________________________________
July 11, 1996
Reported with amendments
Calendar No. 493
104th CONGRESS
2d Session
H. R. 3666
[Report No. 104-318]
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 27, 1996
Received; read twice and referred to the Committee on Appropriations
July 11, 1996
Reported by Mr. Bond, with amendments
[Omit the part struck through and insert the part printed in italic]
_______________________________________________________________________
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);
<DELETED>$18,497,854,000 </DELETED>$18,671,259,000, 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, <DELETED>$1,227,000,000
</DELETED>$1,377,000,000, 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 <DELETED>$1,964,000
</DELETED>$2,822,000.
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, <DELETED>$570,000,000
</DELETED>$596,000,000 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, <DELETED>$257,000,000
</DELETED>$262,000,000, 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; <DELETED>$59,207,000
</DELETED>$62,207,000, 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; <DELETED>$823,584,000 </DELETED>$813,730,000: Provided
<DELETED>further</DELETED>, 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, <DELETED>$245,358,000
</DELETED>$178,250,000, 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; <DELETED>$160,000,000 </DELETED>$190,000,000,
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,
<DELETED>$12,300,000, together with </DELETED>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
<DELETED>annual contributions for assisted housing</DELETED>
<DELETED>(including rescission)</DELETED>
<DELETED> 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.</DELETED>
<DELETED>housing for special populations: elderly and
disabled</DELETED>
<DELETED> 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.</DELETED>
<DELETED> 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).</DELETED>
<DELETED> 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.</DELETED>
<DELETED>flexible subsidy fund</DELETED>
<DELETED>(including transfer of funds)</DELETED>
<DELETED> 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.</DELETED>
<DELETED>rental housing assistance</DELETED>
<DELETED>(rescission)</DELETED>
<DELETED> 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.</DELETED>
<DELETED>Public and Indian Housing</DELETED>
<DELETED>housing certificate fund</DELETED>
<DELETED> 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--
</DELETED>
<DELETED> (1) in the third sentence by inserting ``and
fiscal year 1997'' after ``1995''; and</DELETED>
<DELETED> (2) in the last sentence by inserting ``and fiscal
year 1997'' after ``1995''.</DELETED>
<DELETED>public housing operating fund</DELETED>
<DELETED> 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.</DELETED>
<DELETED>public housing capital fund</DELETED>
<DELETED>(including transfers of funds)</DELETED>
<DELETED> 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.</DELETED>
<DELETED>revitalization of severely distressed public housing (hope
vii)</DELETED>
<DELETED> 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.</DELETED>
<DELETED>drug elimination grants for low-income housing</DELETED>
<DELETED>(including transfer of funds)</DELETED>
<DELETED> 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.</DELETED>
development of additional new subsidized housing
For assistance for the purchase, construction, acquisition, or
development of additional public and subsidized housing units for low
income families under the United States Housing Act of 1937, as amended
(``the Act'' herein) (42 U.S.C. 1437), not otherwise provided for,
$969,000,000, to remain available until expended: Provided, That of the
total amount provided under this head, $595,000,000 shall be for
capital advances, including amendments to capital advance contracts,
for housing for the elderly, as authorized by section 202 of the
Housing Act of 1959, as amended, and for project rental assistance, and
amendments to contracts for project rental assistance, for supportive
housing for the elderly under section 202(c)(2) of the Housing Act of
1959; and $174,000,000 shall be for capital advances, including
amendments to capital advance contracts, for supportive housing for
persons with disabilities, as authorized by section 811 of the
Cranston-Gonzalez National Affordable Housing Act; and for project
rental assistance, and amendments to contracts for project rental
assistance, for supportive housing for persons with disabilities as
authorized by section 811 of the Cranston-Gonzalez National Affordable
Housing Act: Provided further, That the Secretary may designate up to
25 percent of the amounts earmarked under this paragraph for section
811 of the Cranston-Gonzalez National Affordable Housing Act for
tenant-based assistance, as authorized under that section, which
assistance is five years in duration: Provided further, That the
Secretary may waive any provision of section 202 of the Housing Act of
1959 and section 811 of the National Affordable Housing Act (including
the provisions governing the terms and conditions of project rental
assistance and tenant-based 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: Provided further,
That of the total amount provided under this head, $200,000,000 shall
be for the development or acquisition cost of public housing for Indian
families, including amounts for housing under the mutual help
homeownership opportunity program under section 202 of the Act (42
U.S.C. 1437bb).
prevention of resident displacement
For activities and assistance to prevent the involuntary
displacement of low-income families, the elderly and the disabled
because of the loss of affordable housing stock, expiration of subsidy
contracts or expiration of use restrictions, or other changes in
housing assistance arrangements, $4,775,000,000, to remain available
until expended: Provided, That of the total amount provided under this
head, $3,800,000,000 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: 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 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 of the total amount provided under this head,
$175,000,000 shall be for assistance under the United States Housing
Act of 1937 (42 U.S.C. 1437) for nonelderly disabled families
relocating pursuant to designation of a public housing development
under section 7 of such Act, for a demonstration linking housing
assistance to State welfare reform initiatives to help families make
the transition from welfare to work and for housing assistance for
relocating residents of properties (i) that are owned by the Secretary
and being disposed of; (ii) that are discontinuing section 8 project-
based assistance; or (iii) subject to special workout assistance team
intervention compliance actions.
preserving existing housing investment
For operating, maintaining, revitalizing, rehabilitating,
preserving, and protecting existing housing developments for low income
families, the elderly and the disabled, $6,590,000,000, to remain
available until expended: Provided, That of the total amount made
available under this head, $2,900,000,000 shall be available 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): Provided further, That of the total amount made
available under this head, $2,500,000,000 shall be available for
modernization of existing public housing projects as authorized under
section 14 of the United States Housing Act of 1937, as amended (42
U.S.C. 1437l): Provided further, That of the total amount made
available under this head, $550,000,000 shall be 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, 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 further, That of the
total amount provided under this head, $350,000,000 plus amounts
recaptured from interest reduction payment contracts for section 236
projects whose owners prepay their mortgages during fiscal year 1997
(which amounts shall be transferred and merged with this account),
shall be for use in conjunction with properties 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): Provided further, That the Secretary
may continue to impose a moratorium on the acceptance of initial
notices of intent by potential recipients of such funding: Provided
further, That funding shall be limited to: (1) tenant-based assistance
under the terms of the tenth and eleventh provisos of the second
undesignated paragraph under the ``Annual Contributions for Assisted
Housing'' head of the Departments of Veterans Affairs and Housing and
Urban Development, and Independent Agencies Appropriations Act, 1996;
(2) plans of action for sales of projects to nonprofit organizations,
tenant-sponsored organizations and other priority purchasers; (3)
projects that are subject to a repayment or settlement agreement that
was executed between the owner and the Secretary prior to September 1,
1995; (4) projects for which submissions were delayed as a result of
their location in areas that were designated as a Federal disaster area
in a Presidential Disaster Declaration; and (5) projects whose
processing was, in fact, or in practical effect, suspended, deferred,
or interrupted for a period of nine months or more because of differing
interpretations, by the Secretary and an owner concerning the timing of
the ability of an uninsured section 236 property to prepay or by the
Secretary and a State or local rent regulatory agency, concerning the
effect of a presumptively applicable State or local rent control law or
regulation on the determination of preservation value under section 213
of LIHPRHA, as amended, if the owner of such project filed a notice of
intent to extend the low-income affordability restrictions of the
housing, or transfer to a qualified purchaser who would extend such
restrictions, on or before November 1, 1993: Provided further, That
priority shall be given to funding tenant-based assistance under the
terms of the tenth and eleventh provisos of the second undesignated
paragraph under the ``Annual Contributions for Assisted Housing'' head
of the Departments of Veterans Affairs and Housing and Urban
Development, and Independent Agencies Appropriations Act, 1996, and
plans of action for sales of projects to nonprofit organizations,
tenant-sponsored organizations, and other priority purchasers: Provided
further, That the Secretary may give priority to funding approved plans
of action for the following projects: (1) projects that are subject to
a repayment or settlement agreement that was executed between the owner
and the Secretary prior to September 1, 1995; (2) projects for which
submissions were delayed as a result of their location in areas that
were designated as a Federal disaster area in a Presidential Disaster
Declaration; and (3) projects whose processing was, in fact, or in
practical effect, suspended, deferred, or interrupted for a period of
nine months or more because of differing interpretations, by the
Secretary and an owner concerning the timing of the ability of an
uninsured section 236 property to prepay or by the Secretary and a
State or local rent regulatory agency, concerning the effect of a
presumptively applicable State or local rent control law or regulation
on the determination of preservation value under section 213 of
LIHPRHA, as amended, if the owner of such project filed a notice of
intent to extend the low-income affordability restrictions of the
housing, or transfer to a qualified purchaser who would extend such
restrictions, on or before November 1, 1993: Provided further, That
section 241(f) of the National Housing Act is repealed and insurance
under such section shall not be offered as an incentive under LIHPRHA
and ELIHPA: Provided further, That a capital loan may be provided as an
incentive under LIHPRHA or ELIHPA on such terms and conditions as the
Secretary may prescribe: Provided further, That the following provisos
under the second undesignated heading under the ``Annual Contributions
for Assisted Housing'' head of the Departments of Veterans Affairs and
Housing and Urban Development, and Independent Agencies Appropriations
Act, 1996 shall continue in effect: the fourth proviso, the sixth
proviso, the seventh proviso, the ninth proviso, the tenth proviso, the
eleventh proviso, and the twelfth proviso: Provided further, That
notwithstanding any other provision of law, effective October 1, 1997,
the Secretary shall suspend further funding of plans of action:
Provided further, That of the total amount provided under this head
$290,000,000 shall be 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, of which
$10,000,000 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), up to
$5,000,000 of which may 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 up to $5,000,000 of which may be
provided to the Office of Inspector General for Operation Safe Home:
Provided further, That the term ``drug-related crime'', as defined in
42 U.S.C. 11905(2), shall also include other types of crime as
determined by the Secretary: Provided further, That notwithstanding
section 5130(c) of the Anti-Drug Abuse Act of 1988 (42 U.S.C.
11909(c)), the Secretary may determine not to use any such funds to
provide public housing youth sports grants.
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, <DELETED>of which $300,000,000 shall become available for
obligation on September 30, 1997, and </DELETED>of which
<DELETED>$61,400,000 </DELETED>$68,500,000 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, <DELETED>$1,000,000 </DELETED>$1,500,000 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 provided under this heading, the Secretary of Housing
and Urban Development may use up to $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 (42 U.S.C. 1437f), and other low-income families
and individuals to become self-sufficient: Provided, That the program
shall provide supportive services, principally for the benefit of
public housing residents, to the elderly and the disabled, and to
families with children where the head of household would benefit from
the receipt of supportive services and is working, seeking work, or is
preparing for work by participating in job training or educational
programs: Provided further, That the supportive services shall include
congregate services for the elderly and disabled, service coordinators,
and coordinated educational, training, and other supportive services,
including academic skills training, job search assistance, assistance
related to retaining employment, vocational and entrepreneurship
development and support programs, transportation, and child care:
Provided further, That the Secretary shall require applications to
demonstrate firm commitments of funding or services from other sources:
Provided further, That the Secretary shall select public and Indian
housing agencies to receive assistance under this head on a competitive
basis, taking into account the quality of the proposed program
(including any innovative approaches), the extent of the proposed
coordination of supportive services, the extent of commitments of
funding or services from other sources, the extent to which the
proposed program includes reasonably achievable, quantifiable goals for
measuring performance under the program over a three-year period, the
extent of success an agency has had in carrying out other comparable
initiatives, and other appropriate criteria established by the
Secretary.
Of the amount made available under this heading, notwithstanding
any other provision of law, <DELETED>$20,000,000 </DELETED>$40,000,000
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 departmental
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, <DELETED>$341,595,000 </DELETED>$350,595,000,
to be derived from the FHA-mutual mortgage insurance guaranteed loans
receipt account, of which not to exceed <DELETED>$334,483,000
</DELETED>$343,483,000 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, <DELETED>$202,470,000, of which
$198,299,000 </DELETED>$207,470,000, of which $203,299,000 shall be
transferred to the appropriation for departmental 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, <DELETED>$9,101,000
</DELETED>$9,383,000, to be derived from the GNMA-guarantees of
mortgage-backed securities guaranteed loan receipt account, of which
not to exceed <DELETED>$9,101,000 </DELETED>$9,383,000 shall be
transferred to the appropriation for departmental 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, <DELETED>$962,558,000 (reduced by $1,411,000)
(reduced by $42,000,000) </DELETED>$976,840,000, of which
<DELETED>$532,782,000 </DELETED>$546,782,000 shall be provided from the
various funds of the Federal Housing Administration,
<DELETED>$9,101,000 </DELETED>$9,383,000 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 <DELETED>provided </DELETED>transferred 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, <DELETED>$14,895,000 </DELETED>$15,751,000,
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
<DELETED> 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--</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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.</DELETED>
Sec. 201. Extenders.--(a) Public Housing Funding Flexibility.--
Section 201(a)(2) of the Departments of Veterans Affairs and Housing
and Urban Development, and Independent Agencies Appropriations Act,
1996 is amended by striking ``1996'' and inserting ``1997''.
(b) One-for-One Replacement of Public and Indian Housing.--Section
1002(d) of Public Law 104-19 is amended by striking ``before September
30, 1996'' and inserting ``on or before September 30, 1997''.
(c) Public and Assisted Housing Rents, Income Adjustments, and
Preferences.--(1) Section 402(a) of the Balanced Budget Downpayment
Act, I is amended by inserting after ``1995'' the following: ``, and
effective for fiscal year 1997''.
(2) Section 402(f) of such Act is amended by striking ``fiscal year
1996'' and inserting ``fiscal years 1996 and 1997''.
(3) The second sentence of section 230 of the Departments of
Veterans Affairs and Housing and Urban Development, and Independent
Agencies Appropriations Act, 1996 is amended by inserting before the
period the following: ``during the entire time the family receives
assistance under the United States Housing Act of 1937''.
(d) Applicability to IHAS.--In accordance with section 201(b)(2) of
the United States Housing Act of 1937, the amendments made by
subsections (a), (b), and (c) shall apply to public housing developed
or operated pursuant to a contract between the Secretary of Housing and
Urban Development and an Indian housing authority.
(e) Streamlining Section 8 Tenant-Based Assistance.--Section 203(d)
of the Departments of Veterans Affairs and Housing and Urban
Development, and Independent Agencies Appropriations Act, 1996 is
amended by striking ``fiscal year 1996'' and inserting ``fiscal years
1996 and 1997''.
(f) Section 8 Fair Market Rentals and Delay in Reissuance.--(1) The
first sentence of section 403(a) of the Balanced Budget Downpayment
Act, I, is amended by striking ``1996'' and inserting ``1997''.
(2) Section 403(c) of such Act is amended--
(A) by striking ``fiscal year 1996'' and inserting ``fiscal
years 1996 and 1997''; and
(B) by inserting before the semicolon the following: ``for
assistance made available during fiscal year 1996 and October
1, 1997 for assistance made available during fiscal year
1997''.
(g) Section 8 Rent Adjustments.--Section 8(c)(2)(A) of the United
States Housing Act of 1937 is amended--
(1) in the third sentence by inserting ``, fiscal year 1996
prior to April 26, 1996, and fiscal year 1997'' after ``1995'';
(2) in the fourth sentence, by striking ``For'' and
inserting ``Except for assistance under the certificate
program, for'';
(3) after the fourth sentence, by inserting the following
new sentence: ``In the case of assistance under the certificate
program, 0.01 shall be subtracted from the amount of the annual
adjustment factor (except that the factor shall not be reduced
to less than 1.0), and the adjusted rent shall not exceed the
rent for a comparable unassisted unit of similar quality, type,
and age in the market area.''; and
(4) in the last sentence, by--
(A) striking ``sentence'' and inserting ``two
sentences''; and
(B) inserting ``, fiscal year 1996 prior to April
26, 1996, and fiscal year 1997'' after ``1995''.
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.
Sec. 205. Use of Available Funding for Homeownership.--Up to
$20,000,000 of amounts of unobligated balances that are or become
available from the Nehemiah Housing Opportunity Grant program, repealed
under section 289(b) of the Cranston-Gonzalez National Affordable
Housing Act, Public Law 101-625, shall be available for use for
activities relating to promotion and implementation of homeownership in
targeted geographic areas, as determined by the Secretary.
Sec. 206. Debt Forgiveness.--The Secretary of Housing and Urban
Development shall cancel the indebtedness of the Greene County Rural
Health Center relating to a loan received under the Public Facility
Loan program to establish the health center (Loan #Mis-22-PFL0096). The
Greene County Rural Health Center is hereby relieved of all liability
to the Federal Government for such loan and any fees and charges
payable in connection with such loan.
Sec. 207. Flexible Subsidy Fund.--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.
Sec. 208. Rental Housing Assistance.--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.
Sec. 209. D.C. Modernization Funding.--Notwithstanding the
provisions of section 14(k)(5)(D) of the United States Housing Act of
1937, the withheld modernization funds that became credited in fiscal
years 1993, 1994 and 1995, due to the troubled status of the former
Department of Public and Assisted Housing of the District of Columbia,
shall be made available without diminution to its successor, the
District of Columbia Housing Authority, at such time between the
effective date of this Act and the end of fiscal year 1998 as the
District of Columbia Housing Authority is no longer deemed ``mod-
troubled'' under section 6(j)(2)(A)(i) of such Act; after fiscal year
1998, the District of Columbia Housing Authority shall become subject
to the provisions of section 14(k)(5)(D) of such Act should it remain
mod-troubled.
Sec. 210. Financing Adjustment Factors.--Fifty 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.
Sec. 211. Section 8 Contract Renewals.--(a) Authority.--
Notwithstanding section 405(a) of Public Law 104-99, for fiscal year
1997, the Secretary of Housing and Urban Development may use amounts
available for the renewal of assistance under section 8 of the United
States Housing Act of 1937, upon termination or expiration of a
contract for assistance under section 8 (other than a contract for
tenant-based assistance) to provide assistance under section 8, at rent
levels not to exceed the lesser of (1) the rents in effect upon
termination or expiration, or (2) comparable market rents, for the
eligible families assisted under the contracts at expiration or
termination but, in no case may rents be increased to comparable market
rents. The contract term of such renewal of assistance shall not exceed
one year. In the case of any project assisted under section 8, not
insured under the National Housing Act, and for which the original
primary financing was provided by a public agency and remains
outstanding, contract rents shall be renewed at the rents in effect
upon termination or expiration of the contract. Such assistance shall
be in accordance with terms and conditions prescribed by the Secretary.
The Secretary may approve assisted rents in excess of market rents (but
not more than the rents in effect upon termination or expiration) for a
particular housing project, but only if and to the extent that the
Secretary finds that market rents are not sufficient to cover debt
service and reasonable operating expenses for that project, taking into
account reasonable operating costs for similar properties.
(b) Repeal.--The sentence immediately preceding section 8(w) of the
United States Housing Act of 1937 (42 U.S.C. 1437f(w)) is hereby
repealed.
Sec. 212. FHA Multifamily Demonstration.--Section 210(f) of the
Departments of Veterans Affairs and Housing and Urban Development and
Independent Agencies Appropriations Act, 1996 (Public Law 104-134, 110
Stat. 1321, April 26, 1996) is amended (1) by striking out
``$30,000,000'' and inserting ``$40,000,000'' in lieu thereof, and (2)
by inserting the following new proviso before the period: ``: Provided
further, That not less than $10,000,000 of the amount appropriated by
this subsection shall be available for reducing monthly debt service
costs by offering owners secondary mortgages on deferred payment
terms''.
Sec. 213. Hawaiian Home Lands.--Section 282 of the Cranston-
Gonzalez National Affordable Housing Act (42 U.S.C. 12832) is amended
by adding at the end the following new sentence: ``The Secretary may
waive this section in connection with the use of funds made available
under this title on lands set aside under the Hawaiian Homes Commission
Act, 1920 (42 Stat. 108).''.
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.), <DELETED>$365,000,000 </DELETED>$400,500,000, 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 <DELETED>$40,000,000
</DELETED>$59,000,000, 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
<DELETED>$201,000,000 </DELETED>$215,000,000 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), of which not more than $40,000,000 may be used to
administer, reimburse or support any national service program
authorized under section 121(d)(2) of such Act (42 U.S.C. 12581(d)(2)):
Provided further, That not more than <DELETED>$5,000,000
</DELETED>$5,500,000 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
<DELETED>$17,500,000 </DELETED>$18,000,000 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 <DELETED>$41,500,000
</DELETED>$43,000,000 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 <DELETED>(increased by $1,411,000)</DELETED>, of which
<DELETED>$634,000</DELETED> $700,000, 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, <DELETED>$540,000,000 (reduced by $1,500,000)</DELETED>
$545,000,000, 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, <DELETED>$1,703,000,000 (increased by
$1,500,000) </DELETED>$1,713,000,000, 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, <DELETED>$107,220,000
</DELETED>$27,220,000, to remain available until expended<DELETED>:-
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</DELETED>.
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 <DELETED>$2,201,200,000 </DELETED>$1,394,245,000 (of which
$100,000,000 shall not become available until September 1, 1997), to
remain available until expended, consisting of <DELETED>$1,951,200,000
</DELETED>$1,144,245,000 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 <DELETED>$59,000,000 </DELETED>$64,000,000 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<DELETED>:-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</DELETED>.
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, <DELETED>$46,500,000 (increased by
$20,000,000) </DELETED>$60,000,000, 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, <DELETED>$2,768,207,000 </DELETED>$2,815,207,000,
to remain available until expended, of which <DELETED>$1,800,000,000
</DELETED>$1,976,000,000 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
water supply and wastewater infrastructure needs of rural and Alaska
Native Villages; <DELETED>$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; </DELETED>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 notwithstanding any
other provision of law, beginning in fiscal year 1997 the Administrator
may make grants to States, from funds available for obligation in the
State under title II of the Federal Water Pollution Control Act, as
amended, for administering the completion and closeout of the State's
construction grants program, based on a budget annually negotiated with
the State: Provided further, That of the <DELETED>$1,800,000,000
</DELETED>$1,976,000,000 for capitalization grants for State revolving
funds to support water infrastructure financing, <DELETED>$450,000,000
</DELETED>$550,000,000 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.
<DELETED>administrative provision</DELETED>
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.
</DELETED>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, <DELETED>$2,250,000 </DELETED>$2,436,000.
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.),
<DELETED>$1,120,000,000 </DELETED>$1,320,000,000, 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, <DELETED>$168,000,000
</DELETED>$166,733,000.
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, <DELETED>$4,533,000 </DELETED>$4,673,000.
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, <DELETED>$209,101,000 </DELETED>$199,101,000.
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.
<DELETED>Administrative expenses of the Consumer Information Center in
fiscal year 1997 shall not exceed $2,602,000. </DELETED>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<DELETED>:-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</DELETED>: Provided further, That notwithstanding
any other provision of law, the Consumer Information Center may accept
and deposit to this account, during fiscal year 1997 and hereafter,
gifts for the purpose of defraying its costs of printing, publishing,
and distributing consumer information and educational materials and
undertaking other consumer information activities; may expend those
gifts for those purposes, in addition to amounts appropriated or
otherwise made available; and the balance shall remain available for
expenditure for such purpose.
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, <DELETED>$5,662,100,000 </DELETED>$5,762,100,000, 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.
In order to avoid or minimize the need for involuntary separations
due to a reduction in force, installation closure, reorganization,
transfer of function, or similar action affecting the National
Aeronautics and Space Administration, the Administrator shall establish
a program under which separation pay, subject to the availability of
appropriated funds, may be offered to encourage employees to separate
from service voluntarily, whether by retirement or resignation:
Provided, That payments to individual employees shall not exceed
$25,000.
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; <DELETED>$2,422,000,000 (increased by
$9,110,000) </DELETED>$2,432,000,000, 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, <DELETED>$612,000,000
</DELETED>$624,000,000, 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 <DELETED>(reduced by
$9,110,000)</DELETED>: 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),
<DELETED>$50,000,000 </DELETED>$49,900,000.
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 provision does
not apply to accounts that do not contain an object classification for
travel: Provided further, That this section shall not apply to travel
performed by uncompensated officials of local boards and appeal boards
of the Selective Service System; to travel performed directly in
connection with care and treatment of medical beneficiaries of the
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.
<DELETED> 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.</DELETED>
<DELETED> 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.</DELETED>
<DELETED> 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--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (1) the institution (or subelement) has ceased the
policy or practice described in such subsection; or</DELETED>
<DELETED> (2) the institution has a longstanding policy of
pacifism based on historical religious affiliation.</DELETED>
<DELETED> 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--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (1) the institution (or subelement) has ceased the
policy or practice described in such subsection; or</DELETED>
<DELETED> (2) the institution has a longstanding policy of
pacifism based on historical religious affiliation.</DELETED>
<DELETED> 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--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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.</DELETED>
<DELETED> 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.</DELETED>
<DELETED> 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.</DELETED>
<DELETED> 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.</DELETED>
<DELETED> 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.</DELETED>
<DELETED> 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.''.</DELETED>
<DELETED> 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''.</DELETED>
<DELETED> (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:</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(f) The term `child' means, with respect to a mortgagor
under such section, a son, stepson, daughter, or stepdaughter of such
mortgagor.''.</DELETED>
<DELETED> 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.</DELETED>
<DELETED> 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.</DELETED>
TITLE V
SUPPLEMENTAL
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Government National Mortgage Association
guarantees of mortgage backed securities loan guarantee program account
During fiscal year 1996 and in addition to commitments previously
provided, additional commitments to issue guarantees to carry out
section 306 of the National Housing Act, as amended (12 U.S.C.
1721(g)), shall not exceed $20,000,000,000.
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:
Clerk.