[Congressional Record Volume 144, Number 87 (Monday, July 6, 1998)]
[Senate]
[Pages S7360-S7362]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                          AMENDMENTS SUBMITTED

                                 ______
                                 

DEPARTMENTS OF VETERANS AFFAIRS AND HOUSING AND URBAN DEVELOPMENT, AND 
             INDEPENDENT AGENCIES APPROPRIATIONS ACT, 1999

                                 ______
                                 

             BOND (AND MIKULSKI) AMENDMENTS NOS. 3056-3057

  Mr. BOND. (for himself and Ms. Mikulski) proposed two amendments to 
the bill (S. 2168) making appropriations for the Departments of 
Veterans Affairs and Housing and Urban Development, and for sundry 
independent agencies, commissions, corporations, and offices for the 
fiscal year ending September 30, 1999, and for other purposes; as 
follows:

                           Amendment No. 3056

       On page 73, line 11, strike ``$231,000,000'' and insert 
     ``$239,000,000, including $11,000,000 for assisting state and 
     local governments in preparing for and responding to 
     terrorist incidents''.
       On page 42, line 14, strike ``$1,000,826,000'' and insert 
     ``992,826,000''.
                                  ____


                           Amendment No. 3057

       On page 16, line 20, insert the following:

     ``SEC. 110. LAND CONVEYANCE, RIDGECREST CHILDREN'S CENTER, 
                   ALABAMA.

       (a) Conveyance.--The Secretary of Veterans Affairs may 
     convey, without consideration, to the Board of Trustees of 
     the University of Alabama, all right, title, and interest of 
     the United States in and to the parcel of real property, 
     including any improvements thereon, described in subsection 
     (b).
       (b) Covered Parcel.--The parcel of real property to be 
     conveyed under subsection (a) is the following: A parcel of 
     property lying in the northeast quarter of the southwest 
     quarter, section 28, township 21 south, range 9 west, 
     Tuscaloosa County, Alabama, lying along and adjacent to 
     Ridgecrest (Brewer's Porch) Children's Center being more 
     particularly described as follows: As a point of commencement 
     start at the southeast corner of the north half of the 
     southwest quarter run in an easterly direction along an 
     easterly projection of the north boundary of the southwest 
     quarter of the southwest quarter for a distance of 888.52 
     feet to a point; thence with a deflection angle to the left 
     of 134 degrees 41 minutes run in a northwesterly direction 
     for a distance of 1164.38 feet to an iron pipe; thence with a 
     deflection angle to the left of 75 degrees 03 minutes run in 
     an southwesterly direction for a distance of 37.13 feet to 
     the point of beginning of this parcel of property; thence 
     continue in this same southwesterly direction along the 
     projection of the chain link fence for a distance of 169.68 
     feet to a point; thence with an interior angle to the left of 
     63 degrees 16 minutes run in a northerly direction for a 
     distance of 233.70 feet to a point; thence with an interior 
     angle to the left of 43 degrees 55 minutes run in a 
     southeasterly direction for a distance of 218.48 feet to the 
     point of beginning, said parcel having an interior angle of 
     closure of 72 degrees 49 minutes, said parcel containing 0.40 
     acres more or less, said parcel of property is also subject 
     to all rights-of-way, easements, and conveyances heretofore 
     given for this parcel of property.
       (c) Additional Terms and Conditions.--The Secretary may 
     require such additional terms and conditions in connection 
     with the conveyance under subsection (a) as the Secretary 
     considers appropriate to protect the interests of the United 
     States.''
       On page 55, after line 13, insert the following new 
     sections and designate, accordingly:

     ``SEC.   . TECHNICAL CORRECTIONS TO THE DEPARTMENTS OF 
                   VETERANS AFFAIRS AND HOUSING AND URBAN 
                   DEVELOPMENT, AND INDEPENDENT AGENCIES 
                   APPROPRIATIONS ACT, 1998.

       (a) Section 8 Contract Renewal Policy For FY 1999 and 
     Subsequent Years.--Section 524 of the Multifamily Assisted 
     Housing Reform and Affordability Act of 1997 is amended----
       (1) in subsection (a)(2), by inserting after 
     ``Notwithstanding paragraph (1)'' the following ``and subject 
     to section 516 of this subtitle''; and
       (2) by inserting at the end the following new subsections''
       ``(b) Inapplicability to Projects Subject to 
     Restructuring.--This section shall not apply to projects 
     restructured under this subtitle.
       ``(c) Savings Provisions.--Upon the repeal of this subtitle 
     pursuant to section 579, the provisions of sections 512(2) 
     and 516 (as in effect immediately before such repeal) shall 
     apply with respect to this section.''.
       (b) Repeal of Contract Renewal Authority Under Section 
     405(a).--Section 405(a) of The Balanced Budget Downpayment 
     Act, I is hereby repealed.
       (c) Exemptions From Restructuring.--(1) Section 514(h)(1) 
     of the Department of Veterans Affairs and Housing and Urban 
     Development, and Independent Agencies Appropriations Act, is 
     amended to read as follows:
       (1) the primary financing for the project was provided by a 
     unit of State government or a unit of general local 
     government (or an agency or instrumentality of either) and 
     the primary financing involves mortgage insurance under the 
     National Housing Act, such that implementation of a mortgage 
     restructuring and rental assistance sufficiency plan under 
     this Act would be in conflict with applicable law or 
     agreements governing such financing;''.
       (2) Section 524(a)(2)(B) is amended by striking ``and 
     financing'' and inserting ``and the primary financing''.
       (d) Mandatory Renewal of Project-Based Assistance.--Section 
     515(c)(1) is amended by inserting ``or'' after the semi-colon 
     at the end of subparagraph (B).
       (e) Partial Payments of Claims.--Section 514 of the 
     National Housing Act is amended by--
       (1) by striking ``1978 or'' and inserting ``1978) or ``; 
     and
       (2) by striking ``)))'' and inserting ``))''.''
       On page 56, line 17, after the word ``That'' insert ``, of 
     the funds made available under this heading,''.
       On page 69, line 15, following the last proviso and prior 
     to the period, insert the following:


[[Page S7361]]


     ``: Provided further, That, notwithstanding section 603(d)(7) 
     of the Federal Water Pollution Control Act, as amended, the 
     limitation on the amounts in a water pollution control 
     revolving fund that may be used by a State to administer the 
     fund shall not apply to amounts a State has heretofore 
     included, or will hereafter include, as principal in loans 
     made by such fund to eligible borrowers where such amounts 
     represent costs of administering the fund, except that such 
     amounts heretofore or hereafter included in loans shall be 
     accounted for separately from other assets in the fund, shall 
     only be used for purposes of administering the fund and shall 
     not exceed an amount that the Administrator deems 
     reasonable''
       On page 70, line 3, insert the following: ``(a) Limitation 
     on Funds Used to Enforce Regulations Regarding Animal Fats 
     and Vegetable Oils.--None of the funds made available by this 
     Act or subsequent Acts may be used by the Environmental 
     Protection Agency to issue, implement, or enforce a 
     regulation or to establish an interpretation or guideline 
     under the Edible Oil Regulatory Reform Act (Public Law 104-
     55) or the amendments made by that Act, that does not 
     recognize and provide for, with respect to fats, oils, and 
     greases (as described in that Act, or the amendments made by 
     that Act) differences in--
       (1) physical, chemical, biological and other relevant 
     properties; and
       (2) environmental effects.
       (b) Deadline for Promulgation of Regulations.--Not later 
     than March 31, 1999, the Administrator of the Environmental 
     Protection Agency shall issue regulations amending 40 C.F.R. 
     112 to comply with the requirements of Public Law 104-55.''
       On page 55, after line 13, insert the following new 
     section:

     SEC.  . CLARIFICATION OF OWNER'S RIGHT TO PREPAY.

       (a) Prepayment Right.--Notwithstanding section 211 of the 
     Housing and Community Development Act of 1987 or section 221 
     of the Housing and Community Development Act of 1987 (as in 
     effect pursuant to section 604(c) of the Cranston-Gonzalez 
     National Affordable Housing Act), subject to subsection (b), 
     with respect to any project that is eligible low-income 
     housing (as that term is defined in section 229 of the 
     Housing and Community Development Act of 1987)--
       (1) the owner of the project may prepay, and the mortgagee 
     may accept prepayment of, the mortgage on the project, and
       (2) the owner may request voluntary termination of a 
     mortgage insurance contract with respect to such project and 
     the contract may be terminated notwithstanding any 
     requirements under sections 229 and 250 of the National 
     Housing Act.
       (b) Conditions.--Any prepayment of a mortgage or 
     termination of an insurance contract authorized under 
     subsection (a) may be made--
       (1) only to the extent that such prepayment or termination 
     is consistent with the terms and conditions of the mortgage 
     on or mortgage insurance contract for the project; and
       (2) only if owner of the project involved agrees not to 
     increase the rent charges for any dwelling unit in the 
     project during the 60-day period beginning upon such 
     prepayment or termination.
                                 ______
                                 

                        COATS AMENDMENT NO. 3058

  (Ordered to lie on the table.)
  Mr. COATS submitted an amendment intended to be proposed by him to 
the bill S. 2168, supra; as follows:

       At the appropriate place, insert the following:

     SEC. ____. URBAN HOMESTEAD PROVISIONS.

       (a) Definitions.--In this section:
       (1) Community development corporation.--The term 
     ``community development corporation'' means a nonprofit 
     organization whose primary purpose is to promote community 
     development by providing housing opportunities to low-income 
     families.
       (2) Cost recovery basis.--The term ``cost recovery basis'' 
     means, with respect to any sale of a project or residence by 
     a unit of general local government to a community development 
     corporation under subsection (b)(3)(B), that the purchase 
     price paid by the community development corporation is less 
     than or equal to the costs incurred by the unit of general 
     local government in connection with such project or residence 
     during the period beginning on the date on which the unit of 
     general local government acquires title to the multifamily 
     housing project or residential property under subsection 
     (b)(1) and ending on the date on which the sale is 
     consummated.
       (3) Low-income families.--The term ``low-income families'' 
     has the same meaning as in section 3(b) of the United States 
     Housing Act of 1937.
       (4) Multifamily housing project.--The term ``multifamily 
     housing project'' has the same meaning as in section 203 of 
     the Housing and Community Development Amendments of 1978.
       (5) Secretary.--The term ``Secretary'' means the Secretary 
     of Housing and Urban Development.
       (6) Severe physical problems.--A dwelling unit shall be 
     considered to have ``severe physical problems'' if such 
     unit--
       (A) lacks hot or cold piped water, a flush toilet, or both 
     a bathtub and a shower in the unit, for the exclusive use of 
     that unit;
       (B) on not less than 3 separate occasions, during the 
     preceding winter months was uncomfortably cold for a period 
     of more than 6 consecutive hours due to a malfunction of the 
     heating system for the unit;
       (C) has no functioning electrical service, exposed wiring, 
     any room in which there is not a functioning electrical 
     outlet, or has experienced not less than 3 blown fuses or 
     tripped circuit breakers during the preceding 90-day period;
       (D) is accessible through a public hallway in which there 
     are no working light fixtures, loose or missing steps or 
     railings, and no elevator; or
       (E) has severe maintenance problems, including water leaks 
     involving the roof, windows, doors, basement, or pipes or 
     plumbing fixtures, holes or open cracks in walls or ceilings, 
     severe paint peeling or broken plaster, and signs of rodent 
     infestation.
       (7) Single family residence.--The term ``single family 
     residence'' means a 1- to 4-family dwelling that is held by 
     the Secretary.
       (8) Substandard multifamily housing project.--A multifamily 
     housing project is ``substandard'' if not less than 25 
     percent of the dwelling units of the project have severe 
     physical problems.
       (9) Unit of general local government.--The term ``unit of 
     general local government'' has the same meaning as in section 
     102(a) of the Housing and Community Development Act of 1974.
       (10) Unoccupied multifamily housing project.--The term 
     ``unoccupied multifamily housing project'' means a 
     multifamily housing project that the unit of general local 
     government certifies in writing is not inhabited.
       (b) Disposition of Unoccupied and Substandard Public 
     Housing.--
       (1) Transfer of ownership to units of general local 
     government.--Notwithstanding section 203 of the Housing and 
     Community Development Amendments of 1978 or any other 
     provision of Federal law pertaining to the disposition of 
     property, the Secretary shall transfer ownership of any 
     unoccupied multifamily housing project, substandard 
     multifamily housing project, or other residential property 
     that is owned by the Secretary to the appropriate unit of 
     general local government for the area in which the project or 
     residence is located in accordance with paragraph (2), if the 
     unit of general local government enters into an agreement 
     with the Secretary described in paragraph (3).
       (2) Timing.--
       (A) In general.--Any transfer of ownership under paragraph 
     (1) shall be completed--
       (i) with respect to any multifamily housing project owned 
     by the Secretary that is determined to be unoccupied or 
     substandard before the date of enactment of this Act, not 
     later than 1 year after that date of enactment; and
       (ii) with respect to any multifamily housing project or 
     other residential property acquired by the Secretary on or 
     after the date of enactment of this Act, not later than 1 
     year after the date on which the project is determined to be 
     unoccupied or substandard or the residence is acquired, as 
     appropriate.
       (B) Satisfaction of indebtedness.--Prior to any transfer of 
     ownership under subparagraph (A), the Secretary shall satisfy 
     any indebtedness incurred in connection with the project or 
     residence at issue, either by--
       (i) cancellation of the indebtedness; or
       (ii) reimbursing the unit of general local government to 
     which the project or residence is transferred for the amount 
     of the indebtedness.
       (3) Sale to community development corporations.--An 
     agreement is described in this paragraph if it is an 
     agreement that requires a unit of general local government to 
     dispose of the multifamily housing project or other 
     residential property in accordance with the following 
     requirements:
       (A) Notification to community development corporations.--
     Not later than 30 days after the date on which the unit of 
     general local government acquires title to the multifamily 
     housing project or other residential property under paragraph 
     (1), the unit of general local government shall notify 
     community development corporations located in the State in 
     which the project or residence is located--
       (i) of such acquisition of title; and
       (ii) that, during the 6-month period beginning on the date 
     on which such notification is made, such community 
     development corporations shall have the exclusive right under 
     this subsection to make bona fide offers to purchase the 
     project or residence on a cost recovery basis.
       (B) Right of first refusal.--During the 6-month period 
     described in subparagraph (A)(ii)--
       (i) the unit of general local government may not sell or 
     offer to sell the multifamily housing project or other 
     residential property other than to a party notified under 
     subparagraph (A), unless each community development 
     corporation notifies the unit of general local government 
     that the corporation will not make an offer to purchase the 
     project or residence; and
       (ii) the unit of general local government shall accept a 
     bona fide offer to purchase the project or residence made 
     during such period if the offer is acceptable to the unit of 
     general local government, except that a unit of general local 
     government may not sell a project or residence to a community 
     development corporation during that 6-month period other than 
     on a cost recovery basis.
       (C) Other disposition.--During the 6-month period beginning 
     on the expiration of

[[Page S7362]]

     the 6-month period described in subparagraph (A)(ii), the 
     unit of general local government shall dispose of the 
     multifamily housing project or other residential property on 
     a negotiated, competitive bid, or other basis, on such terms 
     as the unit of general local government deems appropriate.
       (c) Exemption From Property Disposition Requirements.--No 
     provision of the Multifamily Housing Property Disposition 
     Reform Act of 1994, or any amendment made by that Act, shall 
     apply to the disposition of property in accordance with this 
     section.
       (d) Tenant Leases.--This section shall not affect the terms 
     or the enforceability of any contract or lease entered into 
     before the date of enactment of this Act.
       (e) Procedures.--Not later than 6 months after the date of 
     enactment of this Act, the Secretary shall establish, by 
     rule, regulation, or order, such procedures as may be 
     necessary to carry out this section.
                                 ______
                                 

              McCAIN (AND ROCKEFELLER) AMENDMENT NO. 3059

  (Ordered to lie on the table.)
  Mr. McCAIN (for himself and Mr. Rockefeller) submitted an amendment 
intended to be proposed by them to the bill, S. 2168, supra; as 
follows:

       On page 93, between lines 18 and 19, insert the following:
       Sec. 423. Effective as of the date of enactment of the 
     Transportation Equity Act for the 21st Century (Public Law 
     105-178), the Veterans Benefits Act of 1998 (subtitle B of 
     title VIII of the Transportation Equity Act for 21st Century) 
     is repealed and shall be treated as if not enacted.
                                 ______
                                 

                       McCAIN AMENDMENT NO. 3060

  (Ordered to lie on the table.)
  Mr. McCAIN submitted an amendment intended to be proposed by him to 
the bill, S. 2168, supra; as follows:

       On page 93, between lines 18 and 19, insert the following:
       Sec. 423. (a) Each entity that receives a grant from the 
     Federal Government for purposes of providing emergency 
     shelter for homeless individuals shall--
       (1) ascertain, to the extent practicable, whether or not 
     each adult individual seeking such shelter from such entity 
     is a veteran; and
       (2) provide each such individual who is a veteran such 
     counseling relating to the availability of veterans benefits 
     (including employment assistance, health care benefits, and 
     other benefits) as the Secretary of Veterans Affairs 
     considers appropriate.
       (b) The Secretary of Veterans Affairs and the Secretary of 
     Housing and Urban Development shall jointly coordinate the 
     activities required by subsection (a).
       (c) Entities referred to in subsection (a) shall notify the 
     Secretary of Veterans Affairs of the number and identity of 
     veterans ascertained under paragraph (1) of that subsection. 
     Such entities shall make such notification with such 
     frequency and in such form as the Secretary shall specify.
       (d) Notwithstanding any other provision of law, an entity 
     referred to subsection (a) that fails to meet the 
     requirements specified in that subsection shall not be 
     eligible for additional grants or other Federal funds for 
     purposes of carrying out activities relating to emergency 
     shelter for homeless individuals.

                          ____________________