[105th Congress Public Law 65]
[From the U.S. Government Printing Office]
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[DOCID: f:publ65.105]
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DEPARTMENTS OF VETERANS AFFAIRS
AND HOUSING AND URBAN DEVELOPMENT,
AND INDEPENDENT AGENCIES
APPROPRIATIONS ACT, 1998
[[Page 111 STAT. 1344]]
Public Law 105-65
105th Congress
An Act
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, 1998, and for other purposes. <<NOTE: Oct. 27,
1997 - [H.R. 2158]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Departments of
Veterans Affairs and Housing and Urban Development, and Independent
Agencies Appropriations Act, 1998.>> 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, commissions,
corporations, and offices for the fiscal year ending September 30, 1998,
and for other purposes, namely:
TITLE I
DEPARTMENT OF VETERANS AFFAIRS
Veterans Benefits Administration
compensation and pensions
(including transfers of funds)
For the payment of compensation benefits to or on behalf of veterans
and a pilot program for disability examinations as authorized by law (38
U.S.C. 107, chapters 11, 13, 18, 51, 53, 55, and 61); pension benefits
to or on behalf of veterans as authorized by law (38 U.S.C. chapters 15,
51, 53, 55, and 61; 92 Stat. 2508); and burial benefits, emergency and
other officers' retirement pay, adjusted-service credits and
certificates, payment of premiums due on commercial life insurance
policies guaranteed under the 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); $19,932,997,000, to remain available
until expended: Provided, That not to exceed $26,380,000 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
[[Page 111 STAT. 1345]]
nursing home care provided to pensioners as authorized by the Veterans'
Benefits Act of 1992 (38 U.S.C. chapter 55).
readjustment benefits
For the payment of readjustment and rehabilitation benefits to or on
behalf of veterans as authorized by 38 U.S.C. chapters 21, 30, 31, 34,
35, 36, 39, 51, 53, 55, and 61, $1,366,000,000, 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, $51,360,000, to remain available until
expended.
veterans housing benefit program fund program account
(including transfer of funds)
For the cost of direct and guaranteed loans, such sums as may be
necessary to carry out the program, as authorized by 38 U.S.C. chapter
37, as amended: Provided, That such costs, including the cost of
modifying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974, as amended: Provided further, That
during fiscal year 1998, within the resources available, not to exceed
$300,000 in gross obligations for direct loans are authorized for
specially adapted housing loans: Provided further, That during 1998 any
moneys that would be otherwise deposited into or paid from the Loan
Guaranty Revolving Fund, the Guaranty and Indemnity Fund, or the Direct
Loan Revolving Fund shall be deposited into or paid from the Veterans
Housing Benefit
Program Fund: Provided further, That any balances in the Loan Guaranty
Revolving Fund, the Guaranty and Indemnity Fund, or the Direct Loan
Revolving Fund on the effective date of this Act may be transferred to
and merged with the Veterans Housing Benefit Program Fund.
In addition, for administrative expenses to carry out the direct and
guaranteed loan programs, $160,437,000, 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, $200,000, which may be transferred
[[Page 111 STAT. 1346]]
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, $44,000, as authorized by 38 U.S.C.
chapter 31, as amended: Provided, That such costs, including the cost of
modifying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974, as amended: Provided further, That
these funds are available to subsidize gross obligations for the
principal amount of direct loans not to exceed $2,278,000.
In addition, for administrative expenses necessary to carry out the
direct loan program, $388,000, 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, $515,000, which may be transferred to and merged with the
appropriation for ``General operating expenses''.
Veterans Health Administration
medical care
(including transfer of funds)
For necessary expenses for the maintenance and operation of
hospitals, nursing homes, and domiciliary facilities; for furnishing, as
authorized by law, inpatient and outpatient care and treatment to
beneficiaries of the Department of Veterans Affairs, including care and
treatment in facilities not under the jurisdiction of the Department;
and furnishing recreational facilities, supplies, and equipment;
funeral, burial, and other expenses incidental thereto for beneficiaries
receiving care in the Department; administrative expenses in support of
planning, design, project management, real property acquisition and
disposition, construction and renovation of any facility under the
jurisdiction or for the use of the 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; administrative and
legal expenses of the Department for collecting and recovering amounts
owed the Department as authorized under 38 U.S.C. chapter 17, and the
Federal Medical Care Recovery Act, 42 U.S.C. 2651 et seq.; and not to
exceed $8,000,000 to fund cost comparison studies as referred to in 38
U.S.C. 8110(a)(5); $17,057,396,000, plus reimbursements: Provided, That
of the funds made available under this heading, $570,000,000 is for the
equipment and land and structures object classifications only, which
[[Page 111 STAT. 1347]]
amount shall not become available for obligation until August 1, 1998,
and shall remain available until September 30, 1999: Provided further,
That of the amount made available under this heading, not to exceed
$5,000,000 shall be for a study on the cost-effectiveness of contracting
with local hospitals in east central Florida for the provision of non-
emergent inpatient health care needs of veterans.
In addition, in conformance with Public Law 105-33 establishing the
Department of Veterans Affairs Medical Care Collections Fund, such sums
as may be deposited to such Fund pursuant to 38 U.S.C. 1729A may be
transferred to this account, to remain available until expended for the
purposes of this account.
medical and prosthetic research
For necessary expenses in carrying out programs of medical and
prosthetic research and development as authorized by 38 U.S.C. chapter
73, to remain available until September 30, 1999, $272,000,000, plus
reimbursements.
medical administration and miscellaneous operating expenses
For necessary expenses in the administration of the medical,
hospital, nursing home, domiciliary, construction, supply, and research
activities, as authorized by law; administrative expenses in support of
planning, design, project management, architectural, engineering, real
property acquisition and disposition, construction and renovation of any
facility under the jurisdiction or for the use of the Department of
Veterans Affairs, including site acquisition; engineering and
architectural activities not charged to project cost; and research and
development in building construction technology; $59,860,000, plus
reimbursements.
general post fund, national homes
(including transfer of funds)
For the cost of direct loans, $7,000, as authorized by Public Law
102-54, section 8, which shall be transferred from the ``General post
fund'': Provided, That such costs, including the cost of
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 programs, $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
[[Page 111 STAT. 1348]]
overseas employee mail; $786,135,000: Provided, That funds under this
heading shall be available to administer the Service Members
Occupational Conversion and Training Act: Provided further, That none of
the funds made available under this heading may be used for the
relocation of the loan guaranty divisions of the Department of Veterans
Affairs Regional Office in St. Petersburg, Florida to the Department of
Veterans Affairs Regional Office in Atlanta, Georgia.
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 three passenger motor vehicles for use in
cemeterial operations; and hire of passenger motor vehicles,
$84,183,000.
office of inspector general
For necessary expenses of the Office of Inspector General in
carrying out the Inspector General Act of 1978, as amended, $31,013,000.
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
$4,000,000 or more or where funds for a project were made available in a
previous major project appropriation, $177,900,000, to remain available
until expended: Provided, That the $32,100,000 provided under this
heading in Public Law 104-204 for the replacement hospital at Travis Air
Force Base, Fairfield, California, shall not be obligated for that
purpose but shall be available for any project approved by the Congress
in the budgetary process: Provided further, 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: <<NOTE: Contracts.>> Provided
further, That funds provided in this appropriation for fiscal year 1998,
for each approved project shall be obligated: (1) by the awarding of a
construction documents contract by September 30, 1998; and (2) by the
awarding of a construction contract by September 30, 1999: Provided
further, <<NOTE: Reports.>> That the Secretary shall promptly report in
writing to the Committees on Appropriations any approved major
construction project in which obligations are not incurred within the
time limitations established above: Provided further, That no funds from
any other account 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
[[Page 111 STAT. 1349]]
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 $4,000,000; $175,000,000, 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 $4,000,000: Provided, That
funds in this account shall be available for: (1) repairs to any of the
nonmedical facilities under the jurisdiction or for the use of the
Department which are necessary because of loss or damage caused by any
natural disaster or catastrophe; and (2) temporary measures necessary to
prevent or to minimize further loss by such causes.
parking revolving fund
For the parking revolving fund as authorized by 38 U.S.C. 8109,
income from fees collected, to remain available until expended, which
shall be available for all authorized expenses except 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,
$80,000,000, to remain available until expended.
grants for the construction of state veteran cemeteries
For grants to aid States in establishing, expanding, or improving
State veteran cemeteries as authorized by 38 U.S.C. 2408, $10,000,000,
to remain available until expended.
administrative provisions
(including transfer of funds)
Sec. 101. Any appropriation for fiscal year 1998 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 fiscal year 1998 for salaries and expenses shall be
available for services authorized by 5 U.S.C. 3109.
[[Page 111 STAT. 1350]]
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 1998 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 1997.
Sec. 106. Appropriations accounts available to the Department of
Veterans Affairs for fiscal year 1998 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 1998, 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 1998, 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
1998, 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.
Sec. 108. Section 214(l)(1)(D) of the Immigration and Nationality
Act (8 U.S.C. 1184(l)(1)(D)) (as added by section 220 of the Immigration
and Nationality Technical Corrections Act of 1994 and redesignated as
subsection (l) by section 671(a)(3)(A) of the Illegal Immigration Reform
and Immigrant Responsibility Act of 1996) is amended by inserting before
the period at the end the following: ``, except that, in the case of a
request by the Department of Veterans Affairs, the alien shall not be
required to practice medicine in a geographic area designated by the
Secretary''.
Sec. 109. In accordance with section 1557 of title 31, United States
Code, the following obligated balance shall be exempt from subchapter IV
of chapter 15 of such title and shall remain available for expenditure
without fiscal year limitation: Funds obligated by
[[Page 111 STAT. 1351]]
the Department of Veterans Affairs for lease number 757-084B-001-91 from
funds made available in the Departments of Veterans Affairs and Housing
and Urban Development, and Independent Agencies Appropriations Act, 1993
(Public Law 102-389) under the heading ``Medical care''.
TITLE II
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Public and Indian Housing
housing certificate fund
(including transfers of funds)
For activities and assistance to prevent the involuntary
displacement of low-income families, the elderly and the disabled
because of the loss of affordable housing stock, expiration of subsidy
contracts (other than contracts for which amounts are provided under
another heading in this Act) or expiration of use restrictions, or other
changes in housing assistance arrangements, and for other purposes,
$9,373,000,000, to remain available until expended: Provided, That of
the total amount provided under this heading, $8,180,000,000 shall be
for assistance under the United States Housing Act of 1937 (42 U.S.C.
1437) for use in connection with expiring or terminating section 8
subsidy contracts, for enhanced vouchers as provided under the
``Preserving Existing Housing Investment'' account in the Departments of
Veterans Affairs and Housing and Urban Development, and Independent
Agencies Appropriations Act, 1997 (Public Law 104-204), and contracts
entered into pursuant to section 441 of the Stewart B. McKinney Homeless
Assistance Act: Provided further, That the Secretary may determine not
to apply section 8(o)(6)(B) of the Act to housing vouchers during fiscal
year 1998: Provided further, That of the total amount provided under
this heading, $850,000,000 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 heading, $343,000,000 shall be for
section 8 rental assistance under the United States Housing Act of 1937
including assistance to relocate residents of properties: (1) that are
owned by the Secretary and being disposed of; or (2) that are
discontinuing section 8 project-based assistance; for the conversion of
section 23 projects to assistance under section 8; for funds to carry
out the family unification program; and for the relocation of witnesses
in connection with efforts to combat crime in public and assisted
housing pursuant to a request from a law enforcement or prosecution
agency: Provided further, That of the total amount made available in the
preceding proviso, $40,000,000 shall be made available to nonelderly
disabled families affected by the designation of a public housing
development under section 7 of such Act, the establishment of
preferences in accordance with section 651 of the Housing and Community
Development Act of 1992 (42 U.S.C. 1361l), or the restriction of
occupancy to elderly families in accordance with section 658 of such
Act, and to the extent the Secretary determines that such amount is not
needed to fund applications for such affected families, to other
nonelderly disabled families: Provided further, That the amount made
available
[[Page 111 STAT. 1352]]
under the fifth proviso under the heading ``Prevention of Resident
Displacement'' in title II of the Departments of Veterans Affairs and
Housing and Urban Development, and Independent Agencies Appropriations
Act, 1997, Public Law 104-204, shall also be made available to
nonelderly disabled families affected by the restriction of occupancy to
elderly families in accordance with section 658 of the Housing and
Community Development Act of 1992: Provided further, That to the extent
the Secretary determines that the amount made available under the fifth
proviso under the heading ``Prevention of Resident Displacement'' in
title II of the Departments of Veterans Affairs and Housing and Urban
Development, and Independent Agencies Appropriations Act, 1997, Public
Law 104-204, is not needed to fund applications for affected families
described in the fifth proviso, or in the preceding proviso under this
heading in this Act, the amount not needed shall be made available to
other nonelderly disabled families: Provided further, That all balances,
as of September 30, 1997, remaining in the ``Annual Contributions for
Assisted Housing'' account and the ``Prevention of Resident
Displacement'' account for use in connection with expiring or
terminating section 8 subsidy contracts and for amendments to section 8
contracts other than contracts for projects developed under section 202
of the Housing Act of 1959, as amended, shall be transferred to and
merged with the amounts provided for those purposes under this heading.
section 8 reserve preservation account
The amounts recaptured during fiscal year 1998 that were heretofore
made available to public housing agencies for tenant-based assistance
under the section 8 existing housing certificate and housing voucher
programs from the Annual Contributions for Assisted Housing account
shall be collected in the account under this heading, for use as
provided for under this heading, as set forth under the Annual
Contributions for Assisted Housing heading in chapter 11 of Public Law
105-18, approved June 12, 1997.
annual contributions for assisted housing
(including rescission and transfer of funds)
Notwithstanding any other provision of law, of the amounts
recaptured under this heading during fiscal year 1998 and prior years,
$550,000,000, heretofore maintained as section 8 reserves made available
to housing agencies for tenant-based assistance under the section 8
existing housing certificate and housing voucher programs, are
rescinded.
All balances outstanding as of September 30, 1997, in the Preserving
Existing Housing Investment Account for the Preservation program shall
be transferred to and merged with the amounts previously provided for
those purposes under this heading.
public housing capital fund
(including transfers of funds)
For the Public Housing Capital Fund Program 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. 1437),
$2,500,000,000, to remain available until expended:
[[Page 111 STAT. 1353]]
Provided, That of the total amount, $30,000,000 shall be for carrying
out activities under section 6(j) of such Act and 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 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 housing program and for
lease adjustments to section 23 projects: Provided further, That of the
amount available under this heading, up to $5,000,000 shall be for the
Tenant Opportunity Program: Provided further, That all balances, as of
September 30, 1997, of funds heretofore provided (other than for Indian
families) for the development or acquisition costs of public housing,
for modernization of existing public housing projects, for public
housing amendments, for public housing modernization and development
technical assistance, for lease adjustments under the section 23
program, and for the Family Investment Centers program, shall be
transferred to and merged with amounts made available under this
heading.
public housing operating fund
(including transfer of funds)
For payments to public housing agencies 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),
$2,900,000,000, to remain available until expended: Provided, That all
balances outstanding, as of September 30, 1997, of funds heretofore
provided (other than for Indian families) for payments to public housing
agencies for operating subsidies for low-income housing projects, shall
be transferred to and merged with amounts made available under this
heading.
drug elimination grants for low-income housing
(including transfer of funds)
For grants to public housing agencies and tribally designated
housing entities 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, $310,000,000, to remain available until expended, of which
$10,000,000 shall be for grants, technical assistance, contracts and
other assistance, training, and program assessment and execution for or
on behalf of public housing agencies, resident organizations, and Indian
tribes and their tribally designated housing entities (including the
cost of necessary travel for participants in such training); $10,000,000
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; $10,000,000 shall be provided to the Office of
Inspector General for Operation Safe Home; and $20,000,000
[[Page 111 STAT. 1354]]
shall be available for a program named the New Approach Anti-Drug
program which will provide competitive grants to entities managing or
operating public housing developments, federally assisted multifamily
housing developments, or other multifamily housing developments for low-
income families supported by
non-Federal governmental entities or similar housing developments
supported by nonprofit private sources in order to provide or augment
security (including personnel costs), to assist in the investigation
and/or prosecution of drug-related criminal activity in and around such
developments, and to provide assistance for the development of capital
improvements at such developments directly relating to the security of
such developments: Provided, <<NOTE: Grants.>> That grants for the New
Approach Anti-Drug program shall be made on a competitive basis as
specified in section 102 of the Department of Housing and Urban
Development Reform Act of 1989: 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.
revitalization of severely distressed public housing (hope vi)
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 displaced by the demolition, $550,000,000, to remain
available until expended, of which the Secretary may use up to
$10,000,000 for technical assistance and contract expertise, 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 of the amount made available under this heading, $26,000,000 shall
be made available, including up to $10,000,000 for Heritage House in
Kansas City, Missouri, for the demolition of obsolete elderly public
housing projects and the replacement, where appropriate, and
revitalization of the elderly public housing as new communities for the
elderly designed to meet the special needs and physical requirements of
the elderly: Provided further, That no funds appropriated under this
heading shall be used for any purpose that is not provided for herein,
in the United States Housing Act of 1937, in the Appropriations Acts for
the Departments of Veterans Affairs and Housing and Urban Development,
and Independent Agencies, for the fiscal years 1993, 1994, 1995, and
1997, and the Omnibus Consolidated Rescissions and Appropriations Act of
1996: Provided further, That none of such funds shall be used directly
or indirectly by granting competitive advantage in awards to settle
litigation or pay judgments, unless expressly permitted herein.
[[Page 111 STAT. 1355]]
native american housing block grants
(including transfers of funds)
For the Native American Housing Block Grants program, as authorized
under title I of the Native American Housing Assistance and Self-
Determination Act of 1996 (Public Law 104-330), $600,000,000, to remain
available until expended, of which $5,000,000 shall be used to support
the inspection of Indian housing units, contract expertise, training,
and technical assistance in the oversight and management of Indian
housing and tenant-based assistance, including up to $200,000 for
related travel: Provided, That of the amount provided under this
heading, $5,000,000 shall be made available for the cost of guaranteed
notes and other obligations, as authorized by title VI of the Native
American Housing Assistance and Self-Determination Act of 1996: Provided
further, That such costs, including the costs of modifying such notes
and other obligations, 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 the total principal amount of any
notes and other obligations, any part of which is to be guaranteed, not
to exceed $217,000,000: Provided further, That the funds made available
in the first proviso are for a demonstration on ways to enhance economic
growth, to increase access to private capital, and to encourage the
investment and participation of traditional financial institutions in
tribal and other Native American areas: Provided further, That all
balances outstanding as of September 30, 1997, previously appropriated
under the headings ``Annual Contributions for Assisted Housing'',
``Development of Additional New Subsidized Housing'', ``Preserving
Existing Housing Investment'', ``HOME Investment Partnerships Program'',
``Emergency Shelter Grants Program'', and ``Homeless Assistance Funds'',
identified for Indian Housing Authorities and other agencies primarily
serving Indians or Indian areas, shall be transferred to and merged with
amounts made available under this heading.
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),
$5,000,000, to remain available until expended: 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
$73,800,000.
capital grants/capital loans preservation account
At the discretion of the Secretary, to reimburse owners, nonprofits,
and tenant groups for which plans of action were submitted with regard
to eligible properties under the Low-Income Housing Preservation and
Resident Homeownership Act of 1990 (LIHPRHA) or the Emergency Low Income
Housing Preservation Act of 1987 (ELIHPA) prior to the effective date of
this Act, but were not executed for lack of available funds, with such
reimbursement available only for documented costs directly applicable to
the preparation of the plan of action or any purchase agreement as
determined
[[Page 111 STAT. 1356]]
by the Secretary, on terms and conditions to be established by the
Secretary, $10,000,000 shall be made available.
Community Planning and Development
housing opportunities for persons with aids
For carrying out the Housing Opportunities for Persons with AIDS
program, as authorized by the AIDS Housing Opportunity Act (42 U.S.C.
12901), $204,000,000, to remain available until expended: Provided, That
of the amount made available under this heading for non-formula
allocation, the Secretary may designate, on a noncompetitive basis, one
or more nonprofit organizations that provide meals delivered to
homebound persons with acquired immunodeficiency syndrome or a related
disease to receive grants, not exceeding $250,000 for any grant, and the
Secretary shall assess the efficacy of providing such assistance to such
persons.
community development block grants
(including transfers 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), $4,675,000,000, to remain available until September 30,
2000: Provided, That $67,000,000 shall be for grants to Indian tribes
notwithstanding section 106(a)(1) of such Act; $2,100,000 shall be
available as a grant to the Housing Assistance Council; $1,500,000 shall
be available as a grant to the National American Indian Housing Council;
$32,000,000 shall be for grants pursuant to section 107 of such Act;
$7,500,000 shall be for the Community Outreach Partnership program;
$16,700,000 shall be for grants pursuant to section 11 of the Housing
Opportunity Program Extension Act of 1996 (Public Law 104-120): 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.
Of the amount made available under this heading, $15,000,000 shall
be made available for ``Capacity Building for Community Development and
Affordable Housing'', as authorized by section 4 of the HUD
Demonstration Act of 1993 (Public Law 103-120), as in effect immediately
before June 12, 1997, with not less than $5,000,000 of the funding to be
used in rural areas, including tribal areas.
Of the amount provided under this heading, the Secretary of Housing
and Urban Development may use up to $55,000,000 for a public and
assisted housing self-sufficiency program, of which up to $5,000,000 may
be used for the Moving to Work Demonstration, and at least $7,000,000
shall be used for grants for service
[[Page 111 STAT. 1357]]
coordinators and congregate services for the elderly and disabled:
Provided, That for self-sufficiency activities, the Secretary may make
grants to public housing agencies (including Indian tribes and their
tribally designated housing entities), 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: Provided further, 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 may include congregate services
for the elderly and disabled, service coordinators, and coordinated
education, 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 heading 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 (except that this proviso shall
not apply to renewal of grants for service coordinators and congregate
services for the elderly and disabled).
Of the amount made available under this heading, notwithstanding any
other provision of law, $35,000,000 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. Local YouthBuild programs that demonstrate
an ability to leverage private and nonprofit funding shall be given a
priority for YouthBuild funding.
Of the amount made available under this heading, $25,000,000 shall
be available for the Secretary, in consultation with the Secretary of
Agriculture, to make grants, not to exceed $4,000,000 each, for rural
and tribal areas, including at least one Native American area in Alaska
and one rural area in each of the States of Iowa and Missouri, to test
comprehensive approaches to developing a job base through economic
development, developing affordable low- and moderate-income rental and
homeownership housing, and increasing the investment of both private and
nonprofit capital.
Of the amount made available under this heading, $138,000,000 shall
be available for the Economic Development Initiative (EDI) to finance a
variety of efforts, including $100,000,000 for making
[[Page 111 STAT. 1358]]
grants for targeted economic investments in accordance with the terms
and conditions specified for such grants in the conference report and
the joint explanatory statement of the committee of conference
accompanying this Act.
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.
Of the amount made available under this heading, $25,000,000,
including $15,000,000 for the County of San Bernardino, California,
shall be used for neighborhood initiatives that are utilized to improve
the conditions of distressed and blighted areas and neighborhoods, and
to determine whether housing benefits can be integrated more effectively
with welfare reform initiatives.
For the cost of guaranteed loans, $29,000,000, 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 $1,261,000,000, 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, $1,000,000, which
shall be transferred to and merged with the appropriation for
departmental salaries and expenses.
Of the $500,000,000 made available under the heading ``Community
Development Block Grants Fund'' in the 1997 Emergency Supplemental
Appropriations Act for Recovery from Natural Disasters, and for Overseas
Peacekeeping Efforts, Including Those in Bosnia (Public Law 105-18), not
more than $3,500,000 shall be made available for the non-Federal cost-
share for a levee project at Devils Lake, North Dakota: Provided, That
the Secretary of Housing and Urban Development shall provide the State
of North Dakota with a waiver to allow the use of its annual Community
Development Block Grant allocation for use in funding the non-Federal
cost-share for a levee project at Devils Lake, North Dakota: Provided
further, That notwithstanding any other provision of law, the Secretary
is prohibited from providing waivers, other than those provided herein,
for funds in excess of $100,000 in emergency Community Development Block
Grants funds for the non-Federal cost-share of projects funded by the
Secretary of the Army through the Corps of Engineers.
brownfields redevelopment
For Economic Development Grants, as authorized by section 108(q) of
the Housing and Community Development Act of 1974, as amended, for
Brownfields redevelopment projects, $25,000,000, to remain available
until expended: Provided, That the Secretary of Housing and Urban
Development shall make these grants
available on a competitive basis as specified in section 102 of the
Department of Housing and Urban Development Reform Act of 1989.
[[Page 111 STAT. 1359]]
empowerment zones and enterprise communities
For planning grants, technical assistance, contracts and other
assistance, and training in connection with Empowerment Zones and
Enterprise Communities, designated by the Secretary of
Housing and Urban Development, to continue efforts to stimulate economic
opportunity in America's distressed communities, $5,000,000, to remain
available until expended.
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, $1,500,000,000, to remain available
until expended: Provided, That up to $7,000,000 shall be available for
the development and operation of integrated community development
management information systems:
Provided further, That $20,000,000 shall be available for Housing
Counseling under section 106 of the Housing and Urban Development Act of
1968: Provided further, That up to $10,000,000 shall be available to
carry out a demonstration program in which the Secretary makes grants to
up to three organizations exempt from Federal taxation under section
501(c)(3) of the Internal Revenue Code, selected on a competitive basis,
to demonstrate methods of expanding homeownership opportunities for low-
income borrowers through expanding the secondary market for non-
conforming home mortgage loans to low-wealth borrowers: Provided
further, That grantees for such demonstration program shall have
experience in working with lenders who make non-conforming loans to low-
income borrowers, have experience in expanding the secondary market for
such loans, have demonstrated success in carrying out such activities
including raising non-Federal grants and capital on concessionary terms
for the purpose of expanding the secondary market for loans in the
previous two years in amounts equal to or exceeding the amount awarded
to such organization under this paragraph, and have demonstrated the
ability to provide data on the performance of such loans sufficient to
allow for future analysis of the investment risk of such loans.
supportive housing program
(rescission)
Of the funds made available under this heading in Public Law 102-389
and prior laws for the Supportive Housing Demonstration Program, as
authorized by the Stewart B. McKinney Homeless Assistance Act,
$6,000,000 of funds recaptured during fiscal year 1998 shall be
rescinded.
shelter plus care
(rescission)
Of the funds made available under this heading in Public Law 102-389
and prior laws for the Shelter Plus Care program, as authorized by the
Stewart B. McKinney Homeless Assistance Act, $4,000,000 of funds
recaptured during fiscal year 1998 shall be rescinded.
[[Page 111 STAT. 1360]]
homeless assistance grants
For the emergency shelter grants program (as authorized under
subtitle B of title IV of the Stewart B. McKinney Homeless
Assistance Act, 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 Programs
housing for special populations
(including transfers of funds)
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
(42 U.S.C. 1437), not otherwise provided for, $839,000,000, to remain
available until expended: Provided, That of the total amount provided
under this heading, $645,000,000 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 the elderly under section 202(c)(2)
of the Housing Act of 1959, and for supportive services associated with
the housing; and $194,000,000 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, for project rental assistance,
for amendments to contracts for project rental assistance, and
supportive services associated with the housing for persons with
disabilities as authorized by section 811 of such Act: Provided further,
That the Secretary may designate up to 25 percent of the amounts
earmarked under this paragraph for section 811 of such Act for tenant-
based assistance, as authorized under that section, including such
authority as may be waived under the next proviso, 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 Cranston-Gonzalez 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 all
balances, as of September 30, 1997, remaining in either the ``Annual
Contributions for Assisted Housing'' account or the ``Development of
Additional New Subsidized Housing'' account for capital advances,
including amendments to capital advances, for housing for the elderly,
as authorized by section 202 of the Housing Act of 1959, as amended, and
for project rental assistance,
[[Page 111 STAT. 1361]]
and amendments to contracts for project rental assistance, for
supportive housing for the elderly, under section 202(c)(2) of such Act,
shall be transferred to and merged with the amounts for those purposes
under this heading; and, all balances, as of September 30, 1997,
remaining in either the ``Annual Contributions for Assisted Housing''
account or the ``Development of Additional New Subsidized Housing''
account for capital advances, including amendments to capital advances,
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 under section 811 of such Act, shall be
transferred to and merged with the amounts for those purposes under this
heading.
other assisted housing programs
rental housing assistance
(rescission)
The limitation otherwise applicable to the maximum payments that may
be required in any fiscal year by all contracts entered into under
section 236 of the National Housing Act (12 U.S.C. 1715z-1) is reduced
in fiscal year 1998 by not more than $7,350,000 in uncommitted balances
of authorizations provided for this purpose in appropriation Acts:
Provided, That up to $125,000,000 of recaptured budget authority shall
be canceled.
flexible subsidy fund
(transfer of funds)
From the Rental Housing Assistance Fund, all uncommitted balances of
excess rental charges as of September 30, 1997, and any collections made
during fiscal year 1998, shall be transferred to the Flexible Subsidy
Fund, as authorized by section 236(g) of the National Housing Act, as
amended.
Federal Housing Administration
fha-mutual mortgage insurance program account
(including transfers of funds)
During fiscal year 1998, 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.
During fiscal year 1998, 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 the Mutual
Mortgage Insurance Fund.
For administrative expenses necessary to carry out the guaranteed
and direct loan program, $338,421,000, to be derived from the FHA-mutual
mortgage insurance guaranteed loans receipt
[[Page 111 STAT. 1362]]
account, of which not to exceed $326,309,000 shall be transferred to the
appropriation for departmental salaries and expenses; and of which not
to exceed $12,112,000 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),
$81,000,000, 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
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, $222,305,000, of which
$218,134,000, including $25,000,000 for the enforcement of housing
standards on FHA-insured multifamily projects, 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 1998, 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 $130,000,000,000.
For administrative expenses necessary to carry out the guaranteed
mortgage-backed securities program, $9,383,000, to be derived from the
GNMA-guarantees of mortgage-backed securities guaranteed loan receipt
account, of which not to exceed $9,383,000 shall
[[Page 111 STAT. 1363]]
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, $36,500,000, to remain
available until September 30, 1999.
Of the amount made available under this heading, $500,000 shall be
made available for a contract with the National Academy of Public
Administration to evaluate the Secretary's efforts to implement needed
management systems and processes.
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 section 561 of
the Housing and Community Development Act of 1987, as amended,
$30,000,000, to remain available until September 30, 1999, of which
$15,000,000 shall be to carry out activities pursuant to such section
561. No funds made available under this heading shall be used to lobby
the executive or legislative branches of the Federal Government in
connection with a specific contract, grant or loan.
Management and Administration
salaries and expenses
(including transfers of funds)
For necessary administrative and nonadministrative 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, $1,000,826,000, of which $544,443,000 shall be provided from
the various funds of the Federal Housing Administration, $9,383,000
shall be provided from funds of the Government National Mortgage
Association, and $1,000,000 shall be provided from the ``Community
Development Grants Program'' account.
office of inspector general
(including transfers of funds)
For necessary expenses of the Office of Inspector General in
carrying out the Inspector General Act of 1978, as amended, $66,850,000,
of which $16,283,000 shall be provided from the various funds of the
Federal Housing Administration and $10,000,000 shall be transferred from
the amount earmarked for Operation
[[Page 111 STAT. 1364]]
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, $16,000,000, to remain available until expended,
to be derived from the Federal Housing Enterprise Oversight Fund:
Provided, That not to exceed such amount shall be available from the
General Fund of the Treasury to the extent necessary to incur
obligations and make expenditures pending the receipt of collections to
the Fund: Provided further, That the General Fund amount shall be
reduced as collections are received during the fiscal year so as to
result in a final appropriation from the General Fund estimated at not
more than $0.
administrative provisions
Sec. 201. Extenders. (a) One-For-One Replacement of
Public Housing.--Section 1002(d) of Public Law 104-19 <<NOTE: 42 USC
1437c note.>> is amended by striking ``1997'' and inserting ``1998''.
(b) 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, <<NOTE: 42 USC 1437f note.>> is amended by striking ``fiscal years
1996 and 1997'' and inserting ``fiscal years 1996, 1997, and 1998''.
(c) Section 8 Rent Adjustments.--Section 8(c)(2)(A) of the United
States Housing Act of 1937 <<NOTE: 42 USC 1437f.>> is amended--
(1) in the third sentence, by striking ``fiscal year 1997''
and inserting ``fiscal years 1997 and 1998''; and
(2) in the last sentence, by striking ``fiscal year 1997''
and inserting ``fiscal years 1997 and 1998''.
(d) Public and Assisted Housing Rents, Income Adjustments and
Preferences.--
(1) Section 402(a) of The Balanced Budget Downpayment Act,
I <<NOTE: 110 Stat. 40.>> is amended by striking ``fiscal year
1997'' and inserting ``fiscal years 1997 and 1998''.
(2) Section 402(f) of The Balanced Budget Downpayment
Act, <<NOTE: 42 USC 1437a note.>> I is amended by striking
``fiscal years 1996 and 1997'' and inserting ``fiscal years
1996, 1997, and 1998''.
Sec. 202. Delay Reissuance of Vouchers and Certificates.--Section
403(c) of The Balanced Budget Downpayment Act, I <<NOTE: 110 Stat.
44.>> is amended--
(1) by striking ``fiscal years 1996 and 1997'' and inserting
``fiscal years 1996, 1997, and 1998'';
(2) by striking ``1996 and October'' and inserting ``1996,
October''; and
(3) by inserting before the semicolon the following: ``and
October 1, 1998 for assistance made available during fiscal year
1998''.
Sec. 203. <<NOTE: Illinois.>> Waiver.--The part of the HUD 1996
Community Development Block Grant to the State of Illinois which is
administered by the State of Illinois Department of Commerce and
Community Affairs (grant number B-96-DC-170001) and which, in turn,
[[Page 111 STAT. 1365]]
was granted by the Illinois Department of Commerce and Community Affairs
to the city of Oglesby, Illinois, located in LaSalle County, Illinois
(State of Illinois Department of Commerce and Community Affairs grant
number 96-24104), for the purpose of providing infrastructure for a
warehouse in Oglesby, Illinois, is exempt from the provisions of section
104(g)(2), (g)(3), and (g)(4) of title I of the Housing and Community
Development Act of 1974, as amended.
Sec. 204. Financing Adjustment Factors.--Fifty percent of the
amounts of budget authority, or in lieu thereof 50 percent 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. Notwithstanding the previous sentence, the
Secretary may award up to 15 percent of the budget authority or cash
recaptured and not rescinded or remitted to the Treasury to provide
project owners with incentives to refinance their project at a lower
interest rate.
Sec. 205. Annual Adjustment Factors.--Section 8(c)(2)(A) of the
United States Housing Act of 1937, as amended by section 201 of this
title, is further amended by inserting the following new sentences at
the end: ``In establishing annual adjustment factors for units in new
construction and substantial rehabilitation projects, the Secretary
shall take into account the fact that debt service is a fixed
expense. <<NOTE: Effective date.>> The immediately foregoing sentence
shall be effective only during fiscal year 1998.''.
Sec. 206. Community Development Block Grant.--Notwithstanding any
other provision of law, the $7,100,000 appropriated for an industrial
park at 18th Street and Indiana Avenue shall be made available by the
Secretary instead to 18th and Vine for rehabilitation and infrastructure
development associated with the ``Negro Leagues Baseball Museum'' and
the jazz museum.
Sec. 207. Fair Housing and Free Speech.--None of the amounts made
available under this Act may be used during fiscal year 1998 to
investigate or prosecute under the Fair Housing Act any otherwise lawful
activity engaged in by one or more persons, including the filing or
maintaining of a nonfrivolous legal action, that is engaged in solely
for the purpose of achieving or preventing action by a government
official or entity, or a court of competent jurisdiction.
Sec. 208. Requirement for HUD To Maintain Public Notice and Comment
Rulemaking.--Notwithstanding any other provision of law, for fiscal year
1998 and for all fiscal years thereafter, the Secretary of Housing and
Urban Development shall maintain all current requirements under part 10
of the Department of Housing and Urban Development regulations (24 CFR
part 10) with respect to the Department's policies and procedures for
the promulgation and issuance of rules, including the use of public
participation in the rulemaking process.
[[Page 111 STAT. 1366]]
Sec. 209. Brownfields as Eligible CDBG Activity.--During fiscal year
1998, States and entitlement communities may use funds allocated under
the community development block grants program under title I of the
Housing and Community Development Act of 1974 for environmental cleanup
and economic development activities related to Brownfields projects in
conjunction with the appropriate environmental regulatory agencies, as
if such activities were eligible under section 105(a) of such Act.
Sec. 210. Partial Payment of Claims on Health Care Facilities.--
Section 541(a) of the National Housing Act <<NOTE: 12 USC 1735f-19.>> is
amended--
(1) in the section heading, by adding ``and health care
facilities'' at the end; and
(2) in subsection (a)--
(A) by inserting ``or a health care facility
(including a nursing home, intermediate care facility,
or board and care home (as those terms are defined in
section 232 of this Act), a hospital (as that term is
defined in section 242 of this Act), or a group practice
facility (as that term is defined in section 1106 of
this Act))'' after ``1978''; and
(B) by inserting ``or for keeping the health care
facility operational to serve community needs,'' after
``character of the project,''.
Sec. 211. Calculation of Downpayment.--Section 203(b) of the
National Housing Act <<NOTE: 12 USC 1709.>> is amended by striking
``fiscal year 1997'' in paragraph (10)(A) and inserting ``fiscal years
1997 and 1998''.
Sec. 212. HOPE VI NOFA.--Notwithstanding any other provision of law,
including the July 22, 1996 Notice of Funding Availability (61 Fed. Reg.
38024), the demolition of units at developments funded under the Notice
of Funding Availability shall be at the option of the New York City
Housing Authority and the assistance awarded shall be allocated by the
public housing agency among other eligible activities under the HOPE VI
program and without the development costs limitations of the Notice,
provided that the public housing agency shall not exceed the total cost
limitations for the public housing agency, as provided by the Department
of Housing and Urban Development.
Sec. 213. Enhanced Disposition Authority.--Section 204 of the
Departments of Veterans Affairs and Housing and Urban Development, and
Independent Agencies Appropriations Act, 1997, <<NOTE: 12 USC 1715z-
11a.>> is amended by inserting after ``owned by the Secretary'' the
following: ``, including, for fiscal years 1997 and 1998, the provision
of grants and loans from the General Insurance Fund (12 U.S.C. 1735c)
for the necessary costs of rehabilitation or demolition,''.
Sec. 214. Home Program Formula.--The first sentence of section
217(b)(3) of the Cranston-Gonzalez National Affordable Housing
Act <<NOTE: 42 USC 12747.>> is amended by striking ``only those
jurisdictions that are allocated an amount of $500,000 or greater shall
receive an allocation'' and inserting the following: ``jurisdictions
that are allocated an amount of $500,000 or more, and participating
jurisdictions (other than consortia that fail to renew the membership of
all of their member jurisdictions) that are allocated an amount less
than $500,000, shall receive an allocation''.
Sec. 215. HUD Rent Reform.--Notwithstanding any other provision of
law, the Secretary of Housing and Urban Development may provide tenant-
based assistance to eligible tenants of a project
[[Page 111 STAT. 1367]]
insured under either section 221(d)(3) or 236 of the National Housing
Act in the same manner as if the owner had prepaid the insured mortgage
to the extent necessary to minimize any rent increases or to prevent
displacement of low-income tenants in accordance with a transaction
approved by the Secretary provided that the rents are no higher than the
published section 8 fair market rents, as of the date of enactment,
during the tenants' occupancy of the property.
Sec. 216. Nursing Home Lease Terms.--Section 232(b)(4)(B) of the
National Housing Act <<NOTE: 12 USC 1715w.>> is amended by striking
``fifty years from the date the mortgage was executed'' and inserting
``ten years to run beyond the maturity date of the mortgage''.
Sec. 217. Housing Opportunities for Persons With AIDS Grants. (a)
Eligibility.--Notwithstanding section 854(c)(1)(A) of the AIDS Housing
Opportunity Act (42 U.S.C. 12903(c)(1)(A)), from any amounts made
available under this title for fiscal year 1998 that are allocated under
such section, the Secretary of Housing and Urban Development shall
allocate and make a grant, in the amount determined under subsection
(b), for any State that--
(1) received an allocation for fiscal year 1997 under clause
(ii) of such section;
(2) is not otherwise eligible for an allocation for fiscal
year 1998 under such clause (ii) because the State does not have
the number of cases of acquired immunodeficiency syndrome
required under such clause; and
(3) would meet such requirement if the cases in the
metropolitan statistical area for any city within the State,
which city was not eligible for an allocation for fiscal year
1997 under clause (i) of such section but is eligible for an
allocation for fiscal year 1998 under such clause, were
considered to be cases outside of metropolitan statistical areas
described in clause (i) of such section.
(b) Amount.--The amount of the allocation and grant for any State
described in subsection (a) shall be the amount that is equal to the
lesser of--
(1) the difference between--
(A) the total amount allocated for such State under
section 854(c)(1)(A)(ii) of the AIDS Housing Opportunity
Act for fiscal year 1997; and
(B) the total amount allocated for the city
described in subsection (a)(3) of this section under
section 854(c)(1)(A)(i) of such Act for fiscal year 1998
(from amounts made available under this title); and
(2) $300,000.
Sec. 218. Debt Forgiveness.--The Secretary of Housing and Urban
Development shall cancel the indebtedness of the Village of Robbins,
Illinois, relating to loans under the Reconstruction Finance Corporation
and refinanced under the Public Facility Loan program (loan numbers ILL-
11-RFC-0029 and ILL-11-PFL0111). The Village is hereby relieved of all
liability to the Federal Government for the outstanding principal
balance on such loans, for the amount of accrued interest on such loans,
and for any fees and charges payable in connection with such loans.
[[Page 111 STAT. 1368]]
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; $26,897,000, to remain available
until expended: Provided, <<NOTE: 36 USC 121b.>> 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, <<NOTE: 36 USC 122.>> 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, <<NOTE: 36 USC 122a.>> That the Commission shall reimburse
other Government agencies, including the Armed Forces, for salary, pay,
and allowances of personnel assigned to it.
Chemical Safety and Hazard Investigation Board
salaries and expenses
For necessary expenses in carrying out activities pursuant to
section 112(r)(6) of the Clean Air Act, including hire of passenger
vehicles, and for services authorized by 5 U.S.C. 3109, but at rates for
individuals not to exceed the per diem equivalent to the maximum rate
payable for senior level positions under 5 U.S.C. 5376, $4,000,000.
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, including
services authorized by 5 U.S.C. 3109, but at rates for individuals not
to exceed the per diem rate equivalent to the rate for ES-3,
$80,000,000, to remain available until September 30, 1999, of which
$12,000,000 may be used for the cost of direct loans, and up to
$1,000,000 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 these funds
are available to subsidize gross obligations for the principal amount of
direct loans not to exceed
[[Page 111 STAT. 1369]]
$32,000,000: Provided further, That not more than $25,000,000 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 maximum rate payable under 5 U.S.C. 5376,
purchase of nominal awards to recognize non-Federal officials'
contributions to Commission activities, and not to exceed $500 for
official reception and representation expenses, $45,000,000.
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.),
$425,500,000, to remain available until September 30, 1999: Provided,
That not more than $27,000,000 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 $70,000,000, 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.), of which not to exceed $5,000,000 shall be
available for national service scholarships for high school students
performing community service: Provided further, That not more than
$227,000,000 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
$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 under subtitle C of title I of the Act 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
[[Page 111 STAT. 1370]]
that demonstrate quality, innovation, replicability, and sustainability:
Provided further, That not more than $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 $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 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 Inspector General Act of 1978, as amended, $3,000,000.
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. 7251-7298, $9,319,000, of
which $790,000, 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
102-229.
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 two
passenger motor vehicles for replacement only, and not to exceed $1,000
for official reception and representation expenses, $11,815,000, to
remain available until expended.
Environmental Protection Agency
science and technology
(including transfer of funds)
For science and technology, including research and development
activities, which shall include research and development activities
under the Comprehensive Environmental Response, Compensation,
[[Page 111 STAT. 1371]]
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, $631,000,000, which shall remain available until September 30,
1999: Provided, That $49,600,000 of the funds appropriated under this
heading shall be to conduct and administer a comprehensive, peer-
reviewed, near- and long-term particulate matter research program in
accordance with the terms and conditions set forth for such research
program in the conference report and joint explanatory statement of the
committee of conference accompanying this Act (H.R. 2158): Provided
further, <<NOTE: Contracts.>> That no later than 30 days following
enactment of this Act, the Environmental Protection Agency shall enter
into a contract or cooperative agreement with the National Academy of
Sciences to develop a comprehensive, prioritized, near- and long-term
particulate matter research program and monitoring plan in accordance
with the terms and conditions set forth in the conference report and
joint explanatory statement of the committee of conference accompanying
this Act (H.R. 2158).
environmental programs and management
For environmental programs and management, including necessary
expenses, not otherwise provided for, for personnel and related costs
and travel expenses, including uniforms, or allowances therefore, as
authorized by 5 U.S.C. 5901-5902; services as authorized by 5 U.S.C.
3109, but at rates for individuals not to exceed the per diem rate
equivalent to the rate for GS-18; hire of passenger motor vehicles;
hire, maintenance, and operation of aircraft; purchase of reprints;
library memberships in societies or associations which issue
publications to members only or at a price to members lower than to
subscribers who are not members; construction, alteration, repair,
rehabilitation, and renovation of facilities, not to exceed $75,000 per
project; and not to exceed $6,000 for official reception and
representation expenses, $1,801,000,000, which shall remain available
until September 30, 1999.
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,
$28,501,000, to remain available until September 30, 1999.
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, $109,420,000, to remain available until
expended: Provided, That the Environmental Protection Agency is
authorized to establish and construct a consolidated research facility
at Research Triangle Park, North Carolina, at
[[Page 111 STAT. 1372]]
a maximum total construction cost of $272,700,000, and to obligate such
monies as are made available by this Act for this purpose.
hazardous substance superfund
(including transfer of funds)
For necessary expenses to carry out the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (CERCLA), as amended,
including sections 111(c)(3), (c)(5), (c)(6), and (e)(4) (42 U.S.C.
9611), and for construction, alteration, repair, rehabilitation, and
renovation of facilities, not to exceed $75,000 per project; not to
exceed $2,150,000,000 (of which $100,000,000 shall not become available
until September 1, 1998), to remain available until expended, consisting
of $1,900,000,000, 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 of the
funds appropriated under this heading, $650,000,000 shall not become
available for obligation until October 1, 1998, and, further, shall be
available for obligation only upon enactment by May 15, 1998, of
specific legislation which reauthorizes the Superfund program: Provided
further, That $11,641,000 of the funds appropriated under this heading
shall be transferred to the ``Office of Inspector General''
appropriation to remain
available until September 30, 1999: Provided further, That
notwithstanding section 111(m) of CERCLA or any other provision of law,
$74,000,000 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 SARA: 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, 1999: Provided further, That none of the
funds appropriated under this heading shall be used for Brownfields
revolving loan funds unless specifically authorized by subsequent
legislation: 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 1998.
leaking underground storage tank program
(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, $65,000,000, to remain available until expended:
Provided, That no more than $7,500,000 shall be available for
administrative expenses.
[[Page 111 STAT. 1373]]
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
$9,000,000 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, $3,213,125,000, to remain available until expended,
of which $1,350,000,000 shall be for making capitalization grants for
the Clean Water State Revolving Funds under title VI of the Federal
Water Pollution Control Act, as
amended, and $725,000,000 shall be for capitalization grants for the
Drinking Water State Revolving Funds under section 1452 of the Safe
Drinking Water Act, as amended; $75,000,000 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 State funds from
State resources at 20 percent of the Federal appropriation for the
purpose of improving water and wastewater treatment for colonias;
$15,000,000 for grants to the State of Alaska to address drinking water
and wastewater infrastructure needs of rural and Alaska Native Villages
as provided by section 303 of Public Law 104-182; $253,125,000 for
making grants for the construction of wastewater and water treatment
facilities and groundwater protection infrastructure in accordance with
the terms and conditions specified for such grants in the conference
report and joint explanatory statement of the committee of conference
accompanying this Act (H.R. 2158); <<NOTE: 33 USC 1281 note.>> and
$745,000,000 for grants to States, federally recognized tribes, and air
pollution control agencies 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 eligible recipients of these funds and the funds made available for
this purpose since fiscal year 1996 and hereafter include States,
federally recognized tribes, interstate agencies, tribal consortia, and
air pollution control agencies, as provided in authorizing statutes,
subject to such terms and conditions as the Administrator shall
establish, and for making grants under section 103 of the Clean Air Act
for particulate matter monitoring and data collection activities:
Provided, That, consistent with section 1452(g) of the Safe Drinking
Water Act (42 U.S.C. 300j-12(g)), section 302 of the Safe Drinking Water
Act Amendments of 1996 (Public Law 104-182) and the accompanying joint
explanatory statement of the committee on conference (H. Rept. No. 104-
741 to accompany S. 1316, the Safe Drinking Water Act Amendments of
1996), and notwithstanding any other provision of law, States may
combine the assets of State Revolving Funds (SRFs) established under
section 1452 of the Safe Drinking Water Act, as amended, and title
[[Page 111 STAT. 1374]]
VI of the Federal Water Pollution Control Act, as amended, as security
for bond issues to enhance the lending capacity of one or both SRFs, but
not to acquire the State match for either program, provided that
revenues from the bonds are allocated to the purposes of the Safe
Drinking Water Act and the Federal Water Pollution Control Act in the
same portion as the funds are used as security for the bonds: Provided
further, <<NOTE: 33 USC 1281 note.>> That, hereafter from funds
appropriated under this heading, the Administrator is authorized to make
grants to federally recognized Indian governments for the development of
multi-media environmental programs: Provided further, That, hereafter,
the funds available under this heading for grants to States, federally
recognized tribes, and air pollution control agencies for multi-media or
single media pollution prevention, control and abatement and related
activities may also be used for the direct implementation by the Federal
Government of a program required by law in the absence of an acceptable
State or tribal program: Provided further, That notwithstanding any
other provision of law, in the case of a publicly owned treatment works
in the District of Columbia, the Federal share of grants awarded under
title II of the Federal Water Pollution Control Act, beginning October
1, 1997, and continuing through September 30, 1999, shall be 80 percent
of the cost of construction, and all grants made to such publicly owned
treatment works in the District of Columbia may include an advance of
allowance under section 201(l)(2): Provided further, That,
notwithstanding any other provision of law, the Administrator is
authorized to make a grant of $4,326,000 under title II of the Federal
Water Pollution Control Act, as
amended, from funds appropriated in prior years under section 205 of the
Act for the State of Florida and available due to deobligation, to the
appropriate instrumentality for wastewater treatment works in Monroe
County, Florida.
working capital fund
Under this heading in Public Law 104-204, <<NOTE: 31 USC 501
note.>> delete the following: the phrases ``franchise fund pilot to be
known as the''; ``as authorized by section 403 of Public Law 103-356,'';
and ``as provided in such section''; and the final proviso. After the
phrase ``to be available'', insert ``without fiscal year limitation''.
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,
[[Page 111 STAT. 1375]]
the Environmental Quality Improvement Act of 1970, and Reorganization
Plan No. 1 of 1977, $2,500,000: Provided, That, notwithstanding any
other provision of law, no funds other than those appropriated under
this heading shall be used for or by the Council on Environmental
Quality and Office of Environmental Quality: Provided
further, <<NOTE: 42 USC 4342 note.>> That notwithstanding section 202 of
the National Environmental Policy Act of 1970, the Council shall consist
of one member, appointed by the President, by and with the advice and
consent of the Senate, serving as chairman and exercising all powers,
functions, and duties of the Council.
unanticipated needs
For expenses necessary to enable the President to meet unanticipated
needs, in furtherance of the national interest, security, or defense
which may arise at home or abroad during the current fiscal year,
$1,000,000.
Federal Deposit Insurance Corporation
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, $34,365,000, to be derived from the Bank Insurance Fund, the
Savings Association Insurance Fund, and the FSLIC Resolution Fund.
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.),
$320,000,000, and, notwithstanding 42 U.S.C. 5203, to remain available
until expended.
disaster assistance direct loan program account
For the cost of direct loans, $1,495,000, as authorized by section
319 of the Robert T. Stafford Disaster Relief and Emergency Assistance
Act: 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, $341,000.
salaries and expenses
For necessary expenses, not otherwise provided for, including hire
and purchase of motor vehicles as authorized by 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
[[Page 111 STAT. 1376]]
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, $171,773,000.
office of inspector general
For necessary expenses of the Office of Inspector General in
carrying out the Inspector General Act of 1978, as amended, $4,803,000.
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, $243,546,000: Provided, That for purposes of pre-disaster
mitigation pursuant to 42 U.S.C. 5131(b) and (c) and 42 U.S.C. 5196(e)
and (i), $30,000,000 of the funds made available under this heading
shall be available until expended for project grants: Provided
further, <<NOTE: Grants. Mississippi.>> That the Director of the Federal
Emergency Management Agency shall make a grant for $1,500,000 to resolve
issues under the Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970, Public Law 91-646, involving the City
of Jackson, Mississippi.
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
(including transfer of funds)
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 $21,610,000 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 for transfer to the National Flood
Mitigation Fund until September 30, 1999. In fiscal year 1998, no funds
in excess of: (1) $47,000,000 for operating expenses; (2) $375,165,000
for agents' commissions and taxes; and (3) $50,000,000 for interest on
Treasury borrowings shall be available from the National Flood Insurance
Fund without
[[Page 111 STAT. 1377]]
prior notice to the Committees on Appropriations. For fiscal year 1998,
flood insurance rates shall not exceed the level authorized by the
National Flood Insurance Reform Act of 1994.
Section 1309(a)(2) of the National Flood Insurance Act (42 U.S.C.
4016(a)(2)), as amended by Public Law 104-208, is further amended by
striking ``1997'' and inserting ``1998''.
Section 1319 of the National Flood Insurance Act of 1968, as amended
(42 U.S.C. 4026), is amended by striking ``October 23, 1997'' and
inserting ``September 30, 1998''.
Section 1336 of the National Flood Insurance Act of 1968, as amended
(42 U.S.C. 4056), is amended by striking ``October 23, 1997'' and
inserting ``September 30, 1998''.
The first sentence of section 1376(c) of the National Flood
Insurance Act of 1968, as amended (42 U.S.C. 4127(c)), is amended by
striking all after ``to be appropriated'' and inserting ``such sums as
may be necessary through September 30, 1998, for studies under this
title.''.
administrative provision
The <<NOTE: Regulations.>> 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 1998 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 1998 shall approximate, but not be less than, 100
percent 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 1998.
General Services Administration
consumer information center fund
For necessary expenses of the Consumer Information Center, including
services authorized by 5 U.S.C. 3109, $2,419,000, 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. Appropriations, revenues, and
collections accruing to this fund during fiscal year 1998 in excess of
$7,500,000 shall remain in the fund and shall not be available for
expenditure except as authorized in appropriations Acts: Provided
further, <<NOTE: 40 USC 761a.>> That notwithstanding any other provision
of law, the Consumer Information Center may accept and deposit to this
account, during fiscal year 1998 and hereafter, gifts for the purpose of
defraying its costs of printing, publishing, and distributing consumer
information and educational materials
[[Page 111 STAT. 1378]]
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, $5,506,500,000, to
remain available until September 30, 1999: Provided, That of the
$2,351,300,000 made available under this heading for Space Station
activities, only $1,500,000,000 shall be available before March 31,
1998.
science, aeronautics and technology
For necessary expenses, not otherwise provided for, in the conduct
and support of science, aeronautics and technology research and
development activities, including research, development,
operations, and services; maintenance; construction of facilities
including repair, rehabilitation, and modification of real and personal
property, and acquisition or condemnation of real property, as
authorized by law; space flight, spacecraft control and communications
activities including operations, production, and services; and purchase,
lease, charter, maintenance and operation of mission and administrative
aircraft, $5,690,000,000, to remain available until September 30, 1999.
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; $2,433,200,000, to remain available until
September 30, 1999.
[[Page 111 STAT. 1379]]
office of inspector general
For necessary expenses of the Office of Inspector General in
carrying out the Inspector General Act of 1978, as amended, $18,300,000.
administrative provisions
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
any activity has been initiated by the incurrence of obligations for
construction of facilities as authorized by law, 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, 2000.
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, 1998 and may
be used to enter into contracts for training, investigations, costs
associated with personnel relocation, and for other services, to be
provided during the next fiscal year.
Of <<NOTE: Reports.>> the funds provided to the National Aeronautics
and Space Administration in this Act, the Administrator shall by
November 1, 1998, make available no less than $400,000 for a study by
the National Research Council, with an interim report to be completed by
June 1, 1998, that evaluates, in terms of the potential impact on the
Space Station's assembly schedule, budget, and capabilities, the
engineering challenges posed by extravehicular activity (EVA)
requirements, United States and non-United States space launch
requirements, the potential need to upgrade or replace equipment and
components after assembly complete, and the requirement to decommission
and disassemble the facility.
National Credit Union Administration
central liquidity facility
During fiscal year 1998, 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 1998 shall not exceed $203,000: 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.
[[Page 111 STAT. 1380]]
National Science Foundation
research and related activities
For necessary expenses in carrying out the National Science
Foundation Act of 1950, as amended (42 U.S.C. 1861-1875), and the Act to
establish a National Medal of Science (42 U.S.C. 1880-1881); services as
authorized by 5 U.S.C. 3109; maintenance and operation of aircraft and
purchase of flight services for research support; acquisition of
aircraft; $2,545,700,000, of which not to exceed $228,530,000 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, 1999: 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:
Provided further, That $40,000,000 of the funds available under this
heading shall be made available for a comprehensive research initiative
on plant genomes for economically significant crops.
major research equipment
For necessary expenses of major construction projects pursuant to
the National Science Foundation Act of 1950, as amended, $109,000,000,
to remain available until expended, of which $35,000,000 shall become
available on September 30, 1998.
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, $632,500,000, to remain
available until September 30, 1999: 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 salaries and expenses necessary in carrying out 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; $136,950,000: Provided, That contracts may be
entered into under
[[Page 111 STAT. 1381]]
``Salaries and expenses'' in fiscal year 1998 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, $4,850,000,
to remain available until September 30, 1999.
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), $60,000,000.
Selective Service System
salaries and expenses
For necessary expenses of the Selective Service System, including
expenses of attendance at meetings and of training for uniformed
personnel assigned to the Selective Service System, as authorized by 5
U.S.C. 4101-4118 for civilian employees; and not to exceed $1,000 for
official reception and representation expenses; $23,413,000: 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
[[Page 111 STAT. 1382]]
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
[[Page 111 STAT. 1383]]
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. <<NOTE: Contracts. Public information. Records.>> 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 24
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. <<NOTE: Reports.>> 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) 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) <<NOTE: Notice.>> 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
[[Page 111 STAT. 1384]]
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 1998 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. 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 1998 for such
corporation or agency except as hereinafter provided: Provided, That
collections of these corporations and agencies may be used for new loan
or mortgage purchase commitments only to the extent expressly provided
for in this Act (unless such loans are in support of other forms of
assistance provided for in this or prior appropriations Acts), except
that this proviso shall not apply to the mortgage insurance or guaranty
operations of these corporations, or where loans or mortgage purchases
are necessary to protect the financial interest of the United States
Government.
Sec. 420. Notwithstanding section 320(g) of the Federal Water
Pollution Control Act (33 U.S.C. 1330(g)), funds made available pursuant
to authorization under such section for fiscal year 1998 and prior
fiscal years may be used for implementing comprehensive conservation and
management plans.
Sec. 421. <<NOTE: Termination.>> 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 1998.
Sec. 422. Notwithstanding any other provision of law, the term
``qualified student loan'' with respect to national service education
awards shall mean any loan made directly to a student by the Alaska
Commission on Postsecondary Education, in addition to other meanings
under section 148(b)(7) of the National and Community Service Act.
TITLE V--HUD MULTIFAMILY HOUSING REFORM <<NOTE: Multifamily Assisted
Housing Reform and Affordability Act of 1997.>>
SEC. 501. TABLE OF CONTENTS.
The table of contents for this title is as follows:
TITLE V--HUD MULTIFAMILY HOUSING REFORM
Sec. 510. Short title.
Subtitle A--FHA-Insured Multifamily Housing Mortgage and Housing
Assistance Restructuring
Sec. 511. Findings and purposes.
Sec. 512. Definitions.
Sec. 513. Authority of participating administrative entities.
[[Page 111 STAT. 1385]]
Sec. 514. Mortgage restructuring and rental assistance sufficiency plan.
Sec. 515. Section 8 renewals and long-term affordability commitment by
owner of project.
Sec. 516. Prohibition on restructuring.
Sec. 517. Restructuring tools.
Sec. 518. Management standards.
Sec. 519. Monitoring of compliance.
Sec. 520. Reports to Congress.
Sec. 521. GAO audit and review.
Sec. 522. Regulations.
Sec. 523. Technical and conforming amendments.
Sec. 524. Section 8 contract renewals.
Subtitle B--Miscellaneous Provisions
Sec. 531. Rehabilitation grants for certain insured projects.
Sec. 532. GAO report on section 8 rental assistance for multifamily
housing projects.
Subtitle C--Enforcement Provisions
Sec. 541. Implementation.
Sec. 542. Income verification.
part 1--fha single family and multifamily housing
Sec. 551. Authorization to immediately suspend mortgagees.
Sec. 552. Extension of equity skimming to other single family and
multifamily housing programs.
Sec. 553. Civil money penalties against mortgagees, lenders, and other
participants in FHA programs.
part 2--fha multifamily provisions
Sec. 561. Civil money penalties against general partners, officers,
directors, and certain managing agents of multifamily
projects.
Sec. 562. Civil money penalties for noncompliance with section 8 HAP
contracts.
Sec. 563. Extension of double damages remedy.
Sec. 564. Obstruction of Federal audits.
Subtitle D--Office of Multifamily Housing Assistance Restructuring
Sec. 571. Establishment of Office of Multifamily Housing Assistance
Restructuring.
Sec. 572. Director.
Sec. 573. Duty and authority of Director.
Sec. 574. Personnel.
Sec. 575. Budget and financial reports.
Sec. 576. Limitation on subsequent employment.
Sec. 577. Audits by GAO.
Sec. 578. Suspension of program because of failure to appoint Director.
Sec. 579. Termination.
SEC. 510. SHORT TITLE. <<NOTE: 12 USC 1701 note.>>
This title may be cited as the ``Multifamily Assisted Housing Reform
and Affordability Act of 1997''.
Subtitle A--FHA-Insured Multifamily Housing Mortgage and Housing
Assistance Restructuring
SEC. 511. FINDINGS AND PURPOSES. <<NOTE: 42 USC 1437f note.>>
(a) Findings.--Congress finds that--
(1) there exists throughout the Nation a need for decent,
safe, and affordable housing;
(2) as of the date of enactment of this Act, it is estimated
that--
(A) the insured multifamily housing portfolio of the
Federal Housing Administration consists of 14,000 rental
properties, with an aggregate unpaid principal mortgage
balance of $38,000,000,000; and
(B) approximately 10,000 of these properties contain
housing units that are assisted with project-based
rental
[[Page 111 STAT. 1386]]
assistance under section 8 of the United States Housing
Act of 1937;
(3) FHA-insured multifamily rental properties are a major
Federal investment, providing affordable rental housing to an
estimated 2,000,000 low- and very low-income families;
(4) approximately 1,600,000 of these families live in
dwelling units that are assisted with project-based rental
assistance under section 8 of the United States Housing Act of
1937;
(5) a substantial number of housing units receiving project-
based assistance have rents that are higher than the rents of
comparable, unassisted rental units in the same housing rental
market;
(6) many of the contracts for project-based assistance will
expire during the several years following the date of enactment
of this Act;
(7) it is estimated that--
(A) if no changes in the terms and conditions of the
contracts for project-based assistance are made before
fiscal year 2000, the cost of renewing all expiring
rental assistance contracts under section 8 of the
United States Housing Act of 1937 for both project-based
and tenant-based rental assistance will increase from
approximately $3,600,000,000 in fiscal year 1997 to over
$14,300,000,000 by fiscal year 2000 and some
$22,400,000,000 in fiscal year 2006;
(B) of those renewal amounts, the cost of renewing
project-based assistance will increase from
$1,200,000,000 in fiscal year 1997 to almost
$7,400,000,000 by fiscal year 2006; and
(C) without changes in the manner in which project-
based rental assistance is provided, renewals of
expiring contracts for project-based rental assistance
will require an increasingly larger portion of the
discretionary budget authority of the Department of
Housing and Urban Development in each subsequent fiscal
year for the foreseeable future;
(8) absent new budget authority for the renewal of expiring
rental contracts for project-based assistance, many of the FHA-
insured multifamily housing projects that are assisted with
project-based assistance are likely to default on their FHA-
insured mortgage payments, resulting in substantial claims to
the FHA General Insurance Fund and Special Risk Insurance Fund;
(9) more than 15 percent of federally assisted multifamily
housing projects are physically or financially distressed,
including a number which suffer from mismanagement;
(10) due to Federal budget constraints, the downsizing of
the Department of Housing and Urban Development, and diminished
administrative capacity, the Department lacks the ability to
ensure the continued economic and physical well-being of the
stock of federally insured and assisted multifamily housing
projects;
(11) the economic, physical, and management problems facing
the stock of federally insured and assisted multifamily housing
projects will be best served by reforms that--
(A) reduce the cost of Federal rental assistance,
including project-based assistance, to these projects by
reducing the debt service and operating costs of these
projects while
[[Page 111 STAT. 1387]]
retaining the low-income affordability and availability
of this housing;
(B) address physical and economic distress of this
housing and the failure of some project managers and
owners of projects to comply with management and
ownership rules and requirements; and
(C) transfer and share many of the loan and contract
administration functions and responsibilities of the
Secretary to and with capable State, local, and other
entities; and
(12) the authority and duties of the Secretary, not
including the control by the Secretary of applicable accounts in
the Treasury of the United States, may be delegated to State,
local or other entities at the discretion of the Secretary, to
the extent the Secretary determines, and for the purpose of
carrying out this Act, so that the Secretary has the discretion
to be relieved of processing and approving any document or
action required by these reforms.
(b) Purposes.--Consistent with the purposes and requirements of the
Government Performance and Results Act of 1993, the purposes of this
subtitle are--
(1) to preserve low-income rental housing affordability and
availability while reducing the long-term costs of project-based
assistance;
(2) to reform the design and operation of Federal rental
housing assistance programs, administered by the Secretary, to
promote greater multifamily housing project operating and cost
efficiencies;
(3) to encourage owners of eligible multifamily housing
projects to restructure their FHA-insured mortgages and project-
based assistance contracts in a manner that is consistent with
this subtitle before the year in which the contract expires;
(4) to reduce the cost of insurance claims under the
National Housing Act related to mortgages insured by the
Secretary and used to finance eligible multifamily housing
projects;
(5) to streamline and improve federally insured and assisted
multifamily housing project oversight and administration;
(6) to resolve the problems affecting financially and
physically troubled federally insured and assisted multifamily
housing projects through cooperation with residents, owners,
State and local governments, and other interested entities and
individuals;
(7) to protect the interest of project owners and managers,
because they are partners of the Federal Government in meeting
the affordable housing needs of the Nation through the section 8
rental housing assistance program;
(8) to protect the interest of tenants residing in the
multifamily housing projects at the time of the restructuring
for the housing; and
(9) to grant additional enforcement tools to use against
those who violate agreements and program requirements, in order
to ensure that the public interest is safeguarded and that
Federal multifamily housing programs serve their intended
purposes.
[[Page 111 STAT. 1388]]
SEC. 512. DEFINITIONS. <<NOTE: 42 USC 1437f note.>>
In this subtitle:
(1) Comparable properties.--The term ``comparable
properties'' means properties in the same market areas, where
practicable, that--
(A) are similar to the eligible multifamily housing
project as to neighborhood (including risk of crime),
type of location, access, street appeal, age, property
size, apartment mix, physical configuration, property
and unit amenities, utilities, and other relevant
characteristics; and
(B) are not receiving project-based assistance.
(2) Eligible multifamily housing project.--The term
``eligible multifamily housing project'' means a property
consisting of more than 4 dwelling units--
(A) with rents that, on an average per unit or per
room basis, exceed the rent of comparable properties in
the same market area, determined in accordance with
guidelines established by the Secretary;
(B) that is covered in whole or in part by a
contract for project-based assistance under--
(i) the new construction or substantial
rehabilitation program under section 8(b)(2) of
the United States Housing Act of 1937 (as in
effect before October 1, 1983);
(ii) the property disposition program under
section 8(b) of the United States Housing Act of
1937;
(iii) the moderate rehabilitation program
under section 8(e)(2) of the United States Housing
Act of 1937;
(iv) the loan management assistance program
under section 8 of the United States Housing Act
of 1937;
(v) section 23 of the United States Housing
Act of 1937 (as in effect before January 1, 1975);
(vi) the rent supplement program under section
101 of the Housing and Urban Development Act of
1965; or
(vii) section 8 of the United States Housing
Act of 1937, following conversion from assistance
under section 101 of the Housing and Urban
Development Act of 1965; and
(C) financed by a mortgage insured or held by the
Secretary under the National Housing Act.
(3) Expiring contract.--The term ``expiring contract'' means
a project-based assistance contract attached to an eligible
multifamily housing project which, under the terms of the
contract, will expire.
(4) Expiration date.--The term ``expiration date'' means the
date on which an expiring contract expires.
(5) Fair market rent.--The term ``fair market rent'' means
the fair market rental established under section 8(c) of the
United States Housing Act of 1937.
(6) Low-income families.--The term ``low-income families''
has the same meaning as provided under section 3(b)(2) of the
United States Housing Act of 1937.
(7) Mortgage restructuring and rental assistance sufficiency
plan.--The term ``mortgage restructuring and
[[Page 111 STAT. 1389]]
rental assistance sufficiency plan'' means the plan as provided
under section 514.
(8) Nonprofit organization.--The term ``nonprofit
organization'' means any private nonprofit organization that--
(A) is organized under State or local laws;
(B) has no part of its net earnings inuring to the
benefit of any member, founder, contributor, or
individual; and
(C) has a long-term record of service in providing
or financing quality affordable housing for low-income
families through relationships with public entities.
(9) Portfolio restructuring agreement.--The term ``portfolio
restructuring agreement'' means the agreement entered into
between the Secretary and a participating administrative entity,
as provided under section 513.
(10) Participating administrative entity.--The term
``participating administrative entity'' means a public agency
(including a State housing finance agency or a local housing
agency), a nonprofit organization, or any other entity
(including a law firm or an accounting firm) or a combination of
such entities, that meets the requirements under section 513(b).
(11) Project-based assistance.--The term ``project-based
assistance'' means rental assistance described in paragraph
(2)(B) of this section that is attached to a multifamily housing
project.
(12) Renewal.--The term ``renewal'' means the replacement of
an expiring Federal rental contract with a new contract under
section 8 of the United States Housing Act of 1937, consistent
with the requirements of this subtitle.
(13) Secretary.--The term ``Secretary'' means the Secretary
of Housing and Urban Development.
(14) State.--The term ``State'' has the same meaning as in
section 104 of the Cranston-Gonzalez National Affordable Housing
Act.
(15) Tenant-based assistance.--The term ``tenant-based
assistance'' has the same meaning as in section 8(f) of the
United States Housing Act of 1937.
(16) Unit of general local government.--The term ``unit of
general local government'' has the same meaning as in section
104 of the Cranston-Gonzalez National Affordable Housing Act.
(17) Very low-income family.--The term ``very low-income
family'' has the same meaning as in section 3(b) of the United
States Housing Act of 1937.
(18) Qualified mortgagee.--The term ``qualified mortgagee''
means an entity approved by the Secretary that is capable of
servicing, as well as originating, FHA-insured mortgages, and
that--
(A) is not suspended or debarred by the Secretary;
(B) is not suspended or on probation imposed by the
Mortgagee Review Board; and
(C) is not in default under any Government National
Mortgage Association obligation.
SEC. 513. <<NOTE: 42 USC 1437f note.>> AUTHORITY OF PARTICIPATING
ADMINISTRATIVE ENTITIES.
(a) Participating Administrative Entities.--
[[Page 111 STAT. 1390]]
(1) <<NOTE: Contracts.>> In general.--Subject to subsection
(b)(3), the Secretary shall enter into portfolio restructuring
agreements with
participating administrative entities for the implementation of
mortgage restructuring and rental assistance sufficiency plans
to restructure multifamily housing mortgages insured or held by
the Secretary under the National Housing Act, in order to--
(A) reduce the costs of expiring contracts for
assistance under section 8 of the United States Housing
Act of 1937;
(B) address financially and physically troubled
projects; and
(C) correct management and ownership deficiencies.
(2) Portfolio restructuring agreements.--Each portfolio
restructuring agreement entered into under this subsection
shall--
(A) be a cooperative agreement to establish the
obligations and requirements between the Secretary and
the participating administrative entity;
(B) identify the eligible multifamily housing
projects or groups of projects for which the
participating administrative entity is responsible for
assisting in developing and implementing approved
mortgage restructuring and rental assistance sufficiency
plans under section 514;
(C) require the participating administrative entity
to review and certify to the accuracy and completeness
of the evaluation of rehabilitation needs required under
section 514(e)(3) for each eligible multifamily housing
project included in the portfolio restructuring
agreement, in accordance with regulations promulgated by
the Secretary;
(D) identify the responsibilities of both the
participating administrative entity and the Secretary in
implementing a mortgage restructuring and rental
assistance
sufficiency plan, including any actions proposed to be
taken under section 516 or 517;
(E) require each mortgage restructuring and rental
assistance sufficiency plan to be prepared in accordance
with the requirements of section 514 for each eligible
multifamily housing project;
(F) include other requirements established by the
Secretary, including a right of the Secretary to
terminate the contract immediately for failure of the
participating administrative entity to comply with any
applicable requirement;
(G) if the participating administrative entity is a
State housing finance agency or a local housing agency,
indemnify the participating administrative entity
against lawsuits and penalties for actions taken
pursuant to the agreement, excluding actions involving
willful misconduct or negligence;
(H) include compensation for all reasonable expenses
incurred by the participating administrative entity
necessary to perform its duties under this subtitle; and
(I) include, where appropriate, incentive agreements
with the participating administrative entity to reward
superior performance in meeting the purposes of this
Act.
(b) Selection of Participating Administrative Entity.--
[[Page 111 STAT. 1391]]
(1) Selection criteria.--The Secretary shall select a
participating administrative entity based on whether, in the
determination of the Secretary, the participating administrative
entity--
(A) has demonstrated experience in working directly
with residents of low-income housing projects and with
tenants and other community-based organizations;
(B) has demonstrated experience with and capacity
for multifamily restructuring and multifamily financing
(which may include risk-sharing arrangements and
restructuring eligible multifamily housing properties
under the fiscal year 1997 Federal Housing
Administration multifamily housing demonstration
program);
(C) has a history of stable, financially sound, and
responsible administrative performance (which may
include the management of affordable low-income rental
housing);
(D) has demonstrated financial strength in terms of
asset quality, capital adequacy, and liquidity;
(E) has demonstrated that it will carry out the
specific transactions and other responsibilities under
this subtitle in a timely, efficient, and cost-effective
manner; and
(F) meets other criteria, as determined by the
Secretary.
(2) Selection.--If more than 1 interested entity meets the
qualifications and selection criteria for a participating
administrative entity, the Secretary may select the entity that
demonstrates, as determined by the Secretary, that it will--
(A) provide the most timely, efficient, and cost-
effective--
(i) restructuring of the mortgages covered by
the portfolio restructuring agreement; and
(ii) administration of the section 8 project-
based assistance contract, if applicable; and
(B) protect the public interest (including the long-
term provision of decent low-income affordable rental
housing and protection of residents, communities, and
the American taxpayer).
(3) Partnerships.--For the purposes of any participating
administrative entity applying under this subsection,
participating administrative entities are encouraged to develop
partnerships with each other and with nonprofit organizations,
if such partnerships will further the participating
administrative
entity's ability to meet the purposes of this Act.
(4) Alternative administrators.--With respect to any
eligible multifamily housing project for which a participating
administrative entity is unavailable, or should not be selected
to carry out the requirements of this subtitle with respect to
that multifamily housing project for reasons relating to the
selection criteria under paragraph (1), the Secretary shall--
(A) carry out the requirements of this subtitle with
respect to that eligible multifamily housing project; or
(B) contract with other qualified entities that meet
the requirements of paragraph (1) to provide the
authority to carry out all or a portion of the
requirements of this subtitle with respect to that
eligible multifamily housing project.
[[Page 111 STAT. 1392]]
(5) Priority for public agencies as participating
administrative entities.--The Secretary shall provide a
reasonable period during which the Secretary will consider
proposals only from State housing finance agencies or local
housing agencies, and the Secretary shall select such an agency
without considering other applicants if the Secretary determines
that the agency is qualified. The period shall be of sufficient
duration for the Secretary to determine whether any State
housing finance agencies or local housing agencies are
interested and qualified. <<NOTE: Notification.>> Not later than
the end of the period, the Secretary shall notify the State
housing finance agency or the local housing agency regarding the
status of the proposal and, if the proposal is rejected, the
reasons for the rejection and an opportunity for the applicant
to respond.
(6) State and local portfolio requirements.--
(A) In general.--If the housing finance agency of a
State is selected as the participating administrative
entity, that agency shall be responsible for such
eligible multifamily housing projects in that State as
may be agreed upon by the participating administrative
entity and the Secretary. If a local housing agency is
selected as the
participating administrative entity, that agency shall
be responsible for such eligible multifamily housing
projects in the jurisdiction of the agency as may be
agreed upon by the participating administrative entity
and the Secretary.
(B) Nondelegation.--Except with the prior approval
of the Secretary, a participating administrative entity
may not delegate or transfer responsibilities and
functions under this subtitle to 1 or more entities.
(7) Private entity requirements.--
(A) In general.--If a for-profit entity is selected
as the participating administrative entity, that entity
shall be required to enter into a partnership with a
public purpose entity (including the Department).
(B) Prohibition.--No private entity shall share,
participate in, or otherwise benefit from any equity
created, received, or restructured as a result of the
portfolio restructuring agreement.
SEC. 514. <<NOTE: 42 USC 1437f note.>> MORTGAGE RESTRUCTURING AND RENTAL
ASSISTANCE SUFFICIENCY PLAN.
(a) In General.--
(1) Development of procedures and requirements.--The
Secretary shall develop procedures and requirements for the
submission of a mortgage restructuring and rental assistance
sufficiency plan for each eligible multifamily housing project
with an expiring contract.
(2) Terms and conditions.--Each mortgage restructuring and
rental assistance sufficiency plan submitted under this
subsection shall be developed by the participating
administrative entity, in cooperation with an owner of an
eligible multifamily housing project and any servicer for the
mortgage that is a qualified mortgagee, under such terms and
conditions as the Secretary shall require.
(3) Consolidation.--Mortgage restructuring and rental
assistance sufficiency plans submitted under this subsection
[[Page 111 STAT. 1393]]
may be consolidated as part of an overall strategy for more than
1 property.
(b) Notice Requirements.--The Secretary shall establish notice
procedures and hearing requirements for tenants and owners concerning
the dates for the expiration of project-based assistance contracts for
any eligible multifamily housing project.
(c) Extension of Contract Term.--Subject to agreement by a project
owner, the Secretary may extend the term of any expiring contract or
provide a section 8 contract with rent levels set in accordance with
subsection (g) for a period sufficient to facilitate the implementation
of a mortgage restructuring and rental assistance sufficiency plan, as
determined by the Secretary.
(d) <<NOTE: Notification.>> Tenant Rent Protection.--If the owner of
a project with an expiring Federal rental assistance contract does not
agree to extend the contract, not less than 12 months prior to
terminating the contract, the project owner shall provide written notice
to the Secretary and the tenants and the Secretary shall make tenant-
based assistance available to tenants residing in units assisted under
the expiring contract at the time of expiration.
(e) Mortgage Restructuring and Rental Assistance
Sufficiency Plan.--Each mortgage restructuring and rental assistance
sufficiency plan shall--
(1) except as otherwise provided, restructure the project-
based assistance rents for the eligible multifamily housing
project in a manner consistent with subsection (g), or provide
for tenant-based assistance in accordance with section 515;
(2) allow for rent adjustments by applying an operating cost
adjustment factor established under guidelines established by
the Secretary;
(3) require the owner or purchaser of an eligible
multifamily housing project to evaluate the rehabilitation needs
of the project, in accordance with regulations of the Secretary,
and notify the participating administrative entity of the
rehabilitation needs;
(4) require the owner or purchaser of the project to provide
or contract for competent management of the project;
(5) require the owner or purchaser of the project to take
such actions as may be necessary to rehabilitate, maintain
adequate reserves, and to maintain the project in decent and
safe condition, based on housing quality standards established
by--
(A) the Secretary; or
(B) local housing codes or codes adopted by public
housing agencies that--
(i) meet or exceed housing quality standards
established by the Secretary; and
(ii) do not severely restrict housing choice;
(6) require the owner or purchaser of the project to
maintain affordability and use restrictions in accordance with
regulations promulgated by the Secretary, for a term of not less
than 30 years which restrictions shall be--
(A) contained in a legally enforceable document
recorded in the appropriate records; and
(B) consistent with the long-term physical and
financial viability and character of the project as
affordable housing;
(7) include a certification by the participating
administrative entity that the restructuring meets subsidy
layering
[[Page 111 STAT. 1394]]
requirements established by the Secretary by regulation for
purposes of this subtitle;
(8) require the owner or purchaser of the project to meet
such other requirements as the Secretary determines to be
appropriate; and
(9) prohibit the owner from refusing to lease a reasonable
number of units to holders of certificates and vouchers under
section 8 of the United States Housing Act of 1937 because of
the status of the prospective tenants as certificate and voucher
holders.
(f) Tenant and Other Participation and Capacity
Building.--
(1) Procedures.--
(A) In general.--The Secretary shall establish
procedures to provide an opportunity for tenants of the
project, residents of the neighborhood, the local
government, and other affected parties to participate
effectively and on a timely basis in the restructuring
process established by this subtitle.
(B) Coverage.--These procedures shall take into
account the need to provide tenants of the project,
residents of the neighborhood, the local government, and
other affected parties timely notice of proposed
restructuring actions and appropriate access to relevant
information about restructuring activities. To the
extent practicable and consistent with the need to
accomplish project restructuring in an efficient manner,
the procedures shall give all such parties an
opportunity to provide comments to the participating
administrative entity in writing, in meetings, or in
another appropriate manner (which comments shall be
taken into consideration by the participating
administrative entity).
(2) Required consultation.--The procedures developed
pursuant to paragraph (1) shall require consultation with
tenants of the project, residents of the neighborhood, the local
government, and other affected parties, in connection with at
least the following:
(A) the mortgage restructuring and rental assistance
sufficiency plan;
(B) any proposed transfer of the project; and
(C) the rental assistance assessment plan pursuant
to section 515(c).
(3) Funding.--
(A) In general.--The Secretary may provide not more
than $10,000,000 annually in funding from which the
Secretary may make obligations to tenant groups,
nonprofit organizations, and public entities for
building the capacity of tenant organizations, for
technical assistance in furthering any of the purposes
of this subtitle (including transfer of developments to
new owners) and for tenant services, from those amounts
made available under appropriations Acts for
implementing this subtitle or previously made available
for technical assistance in connection with the
preservation of affordable rental housing for low-income
persons.
(B) Manner of providing.--Notwithstanding any other
provision of law restricting the use of preservation
[[Page 111 STAT. 1395]]
technical assistance funds, the Secretary may provide
any funds made available under subparagraph (A) through
existing technical assistance programs pursuant to any
other Federal law, including the Low-Income Housing
Preservation and Resident Homeownership Act of 1990 and
the Multifamily Property Disposition Reform Act of 1994,
or through any other means that the Secretary considers
consistent with the purposes of this subtitle, without
regard to any set-aside requirement otherwise applicable
to those funds.
(C) Prohibition.--None of the funds made available
under subparagraph (A) may be used directly or
indirectly to pay for any personal service,
advertisement, telegram, telephone, letter, printed or
written matter, or other device, intended or designed to
influence in any manner a Member of Congress, to favor
or oppose, by vote or otherwise, any legislation or
appropriation by Congress, whether before or after the
introduction of any bill or resolution proposing such
legislation or appropriation.
(g) Rent Levels.--
(1) In general.--Except as provided in paragraph (2), each
mortgage restructuring and rental assistance sufficiency plan
pursuant to the terms, conditions, and requirements of this
subtitle shall establish for units assisted with project-based
assistance in eligible multifamily housing projects adjusted
rent levels that--
(A) are equivalent to rents derived from comparable
properties, if--
(i) the participating administrative entity
makes the rent determination within a reasonable
period of time; and
(ii) the market rent determination is based on
not less than 2 comparable properties; or
(B) if those rents cannot be determined, are equal
to 90 percent of the fair market rents for the relevant
market area.
(2) Exceptions.--
(A) In general.--A contract under this section may
include rent levels that exceed the rent level described
in paragraph (1) at rent levels that do not exceed 120
percent of the fair market rent for the market area
(except that the Secretary may waive this limit for not
more than five percent of all units subject to
restructured mortgages in any fiscal year, based on a
finding of special need), if the participating
administrative entity--
(i) determines that the housing needs of the
tenants and the community cannot be adequately
addressed through implementation of the rent
limitation required to be established through a
mortgage restructuring and rental assistance
sufficiency plan under paragraph (1); and
(ii) follows the procedures under paragraph
(3).
(B) Exception rents.--In any fiscal year, a
participating administrative entity may approve
exception rents on not more than 20 percent of all units
covered by the portfolio restructuring agreement with
expiring contracts in
[[Page 111 STAT. 1396]]
that fiscal year, except that the Secretary may waive
this ceiling upon a finding of special need.
(3) Rent levels for exception projects.--For purposes of
this section, a project eligible for an exception rent shall
receive a rent calculated on the actual and projected costs of
operating the project, at a level that provides income
sufficient to support a budget-based rent that consists of--
(A) the debt service of the project;
(B) the operating expenses of the project, as
determined by the participating administrative entity,
including--
(i) contributions to adequate reserves;
(ii) the costs of maintenance and necessary
rehabilitation; and
(iii) other eligible costs permitted under
section 8 of the United States Housing Act of
1937;
(C) an adequate allowance for potential operating
losses due to vacancies and failure to collect rents, as
determined by the participating administrative entity;
(D) an allowance for a reasonable rate of return to
the owner or purchaser of the project, as determined by
the participating administrative entity, which may be
established to provide incentives for owners or
purchasers to meet benchmarks of quality for management
and housing quality; and
(E) other expenses determined by the participating
administrative entity to be necessary for the operation
of the project.
(h) Exemptions From Restructuring.--The following
categories of projects shall not be covered by a mortgage restructuring
and rental assistance sufficiency plan if--
(1) the primary financing or mortgage insurance for the
multifamily housing project that is covered by that expiring
contract was provided by a unit of State government or a unit of
general local government (or an agency or instrumentality of a
unit of a State government or unit of general local government);
(2) the project is a project financed under section 202 of
the Housing Act of 1959 or section 515 of the Housing Act of
1949; or
(3) the project has an expiring contract under section 8 of
the United States Housing Act of 1937 entered into pursuant to
section 441 of the Stewart B. McKinney Homeless Assistance Act.
SEC. 515. <<NOTE: Contracts. 42 USC 1437f note.>> SECTION 8 RENEWALS AND
LONG-TERM AFFORDABILITY COMMITMENT BY OWNER OF PROJECT.
(a) Section 8 Renewals of Restructured Projects.--
(1) Project-based assistance.--Subject to the availability
of amounts provided in advance in appropriations Acts, and to
the control of the Secretary of applicable accounts in the
Treasury of the United States, with respect to an expiring
section 8 contract on an eligible multifamily housing project to
be renewed with project-based assistance (based on a
determination under subsection (c)), the Secretary shall enter
into contracts with participating administrative entities
pursuant to which the participating administrative entity shall
offer to renew or extend the contract, or the Secretary shall
offer to
[[Page 111 STAT. 1397]]
renew such contract, and the owner of the project shall accept
the offer, if the initial renewal is in accordance with the
terms and conditions specified in the mortgage restructuring and
rental assistance sufficiency plan and the rental assistance
assessment plan.
(2) Tenant-based assistance.--Subject to the availability of
amounts provided in advance in appropriations Acts and to the
control of the Secretary of applicable accounts in the Treasury
of the United States, with respect to an expiring section 8
contract on an eligible multifamily housing project to be
renewed with tenant-based assistance (based on a determination
under subsection (c)), the Secretary shall enter into contracts
with participating administrative entities pursuant to which the
participating administrative entity shall provide for the
renewal of section 8 assistance on an eligible multifamily
housing project with tenant-based assistance, or the Secretary
shall provide for such renewal, in accordance with the terms and
conditions specified in the mortgage restructuring and rental
assistance sufficiency plan and the rental assistance assessment
plan.
(b) Required Commitment.--After the initial renewal of a section 8
contract pursuant to this section, the owner shall accept each offer
made pursuant to subsection (a) to renew the contract, for the term of
the affordability and use restrictions required by section 514(e)(6), if
the offer to renew is on terms and conditions specified in the mortgage
restructuring and rental assistance sufficiency plan.
(c) Determination of Whether To Renew With Project-Based or Tenant-
Based Assistance.--
(1) Mandatory renewal of project-based assistance.--Section
8 assistance shall be renewed with project-based
assistance, if--
(A) the project is located in an area in which the
participating administrative entity determines, based on
housing market indicators, such as low vacancy rates or
high absorption rates, that there is not adequate
available and affordable housing or that the tenants of
the project would not be able to locate suitable units
or use the tenant-based assistance successfully;
(B) a predominant number of the units in the project
are occupied by elderly families, disabled families, or
elderly and disabled families;
(C) the project is held by a nonprofit cooperative
ownership housing corporation or nonprofit cooperative
housing trust.
(2) Rental assistance assessment plan.--
(A) In general.--With respect to any project that is
not described in paragraph (1), the participating
administrative entity shall, after consultation with the
owner of the project, develop a rental assistance
assessment plan to determine whether to renew assistance
for the project with tenant-based assistance or project-
based assistance.
(B) Rental assistance assessment plan
requirements.--Each rental assistance assessment plan
developed under this paragraph shall include an
assessment of the impact of converting to tenant-based
assistance and the impact of extending project-based
assistance on--
[[Page 111 STAT. 1398]]
(i) the ability of the tenants to find
adequate, available, decent, comparable, and
affordable housing in the local market;
(ii) the types of tenants residing in the
project (such as elderly families, disabled
families, large families, and cooperative
homeowners);
(iii) the local housing needs identified in
the comprehensive housing affordability strategy,
and local market vacancy trends;
(iv) the cost of providing assistance,
comparing the applicable payment standard to the
project's adjusted rent levels determined under
section 514(g);
(v) the long-term financial stability of the
project;
(vi) the ability of residents to make
reasonable choices about their individual living
situations;
(vii) the quality of the neighborhood in which
the tenants would reside; and
(viii) the project's ability to compete in the
marketplace.
(C) Reports to director.--Each participating
administrative entity shall report regularly to the
Director as defined in subtitle D, as the Director shall
require, identifying--
(i) each eligible multifamily housing project
for which the entity has developed a rental
assistance assessment plan under this paragraph
that determined that the tenants of the project
generally supported renewal of assistance with
tenant-based assistance, but under which
assistance for the project was renewed with
project-based assistance; and
(ii) each project for which the entity has
developed such a plan under which the assistance
is renewed using tenant-based assistance.
(3) Eligibility for tenant-based assistance.--Subject to
paragraph (4), with respect to any project that is not described
in paragraph (1), if a participating administrative entity
approves the use of tenant-based assistance based on a rental
assistance assessment plan developed under paragraph (2),
tenant-based assistance shall be provided to each assisted
family (other than a family already receiving tenant-based
assistance) residing in the project at the time the assistance
described in section 512(2)(B) terminates.
(4) Rents for families receiving tenant-based assistance.--
(A) In general.--Notwithstanding subsection (c)(1)
or (o)(1) of section 8 of the United States Housing Act
of 1937, in the case of any family described in
paragraph (3) that resides in a project described in
section 512(2)(B) in which the reasonable rent (which
rent shall include any amount allowed for utilities and
shall not exceed comparable market rents for the
relevant housing market area) exceeds the fair market
rent limitation or the payment standard, as applicable,
the amount of assistance for the family shall be
determined in accordance with subparagraph (B).
(B) Maximum monthly rent; payment standard.--With
respect to the certificate program under section 8(b)
[[Page 111 STAT. 1399]]
of the United States Housing Act of 1937, the maximum
monthly rent under the contract (plus any amount allowed
for utilities) shall be such reasonable rent for the
unit. With respect to the voucher program under section
8(o) of the United States Housing Act of 1937, the
payment standard shall be deemed to be such reasonable
rent for the unit.
(5) Inapplicability of certain provision.--If a
participating administrative entity approves renewal with
project-based assistance under this subsection, section 8(d)(2)
of the United States Housing Act of 1937 shall not apply.
SEC. 516. <<NOTE: 42 USC 1437f note.>> PROHIBITION ON RESTRUCTURING.
(a) Prohibition on Restructuring.--The Secretary may elect not to
consider any mortgage restructuring and rental assistance sufficiency
plan or request for contract renewal if the Secretary or the
participating administrative entity determines that--
(1)(A) the owner or purchaser of the project has engaged in
material adverse financial or managerial actions or omissions
with regard to such project; or
(B) the owner or purchaser of the project has engaged in
material adverse financial or managerial actions or omissions
with regard to other projects of such owner or purchaser that
are federally assisted or financed with a loan from, or mortgage
insured or guaranteed by, an agency of the Federal Government;
(2) material adverse financial or managerial actions or
omissions include--
(A) materially violating any Federal, State, or
local law or regulation with regard to this project or
any other federally assisted project, after receipt of
notice and an opportunity to cure;
(B) materially breaching a contract for assistance
under section 8 of the United States Housing Act of
1937, after receipt of notice and an opportunity to
cure;
(C) materially violating any applicable regulatory
or other agreement with the Secretary or a participating
administrative entity, after receipt of notice and an
opportunity to cure;
(D) repeatedly and materially violating any Federal,
State, or local law or regulation with regard to the
project or any other federally assisted project;
(E) repeatedly and materially breaching a contract
for assistance under section 8 of the United States
Housing Act of 1937;
(F) repeatedly and materially violating any
applicable regulatory or other agreement with the
Secretary or a participating administrative entity;
(G) repeatedly failing to make mortgage payments at
times when project income was sufficient to maintain and
operate the property;
(H) materially failing to maintain the property
according to housing quality standards after receipt of
notice and a reasonable opportunity to cure; or
(I) committing any actions or omissions that would
warrant suspension or debarment by the Secretary;
[[Page 111 STAT. 1400]]
(3) the owner or purchaser of the property materially failed
to follow the procedures and requirements of this subtitle,
after receipt of notice and an opportunity to cure; or
(4) the poor condition of the project cannot be remedied in
a cost effective manner, as determined by the participating
administrative entity.
The term ``owner'' as used in this subsection, in addition to it having
the same meaning as in section 8(f) of the United States Housing Act of
1937, also means an affiliate of the owner. The term ``purchaser'' as
used in this subsection means any private person or entity, including a
cooperative, an agency of the Federal Government, or a public housing
agency, that, upon purchase of the project, would have the legal right
to lease or sublease dwelling units in the project, and also means an
affiliate of the purchaser. The terms ``affiliate of the owner'' and
``affiliate of the purchaser'' means any person or entity (including,
but not limited to, a general partner or managing member, or an officer
of either) that controls an owner or purchaser, is controlled by an
owner or purchaser, or is under common control with the owner or
purchaser. The term ``control'' means the direct or indirect power
(under contract, equity ownership, the right to vote or determine a
vote, or otherwise) to direct the financial, legal, beneficial or other
interests of the owner or purchaser.
(b) Opportunity To Dispute Findings.--
(1) In general.--During the 30-day period beginning on the
date on which the owner or purchaser of an eligible
multifamily housing project receives notice of a rejection under
subsection (a) or of a mortgage restructuring and rental
assistance sufficiency plan under section 514, the Secretary or
participating administrative entity shall provide that owner or
purchaser with an opportunity to dispute the basis for the
rejection and an opportunity to cure.
(2) Affirmation, modification, or reversal.--
(A) In general.--After providing an opportunity to
dispute under paragraph (1), the Secretary or the
participating administrative entity may affirm, modify,
or reverse any rejection under subsection (a) or
rejection of a mortgage restructuring and rental
assistance sufficiency plan under section 514.
(B) Reasons for decision.--The Secretary or the
participating administrative entity, as applicable,
shall identify the reasons for any final decision under
this paragraph.
(C) Review process.--The Secretary shall establish
an administrative review process to appeal any final
decision under this paragraph.
(c) Final Determination.--Any final determination under this section
shall not be subject to judicial review.
(d) Displaced Tenants.--Subject to the availability of amounts
provided in advance in appropriations Acts, for any low-income tenant
that is residing in a project or receiving assistance under section 8 of
the United States Housing Act of 1937 at the time of rejection under
this section, that tenant shall be provided with tenant-based assistance
and reasonable moving expenses, as determined by the Secretary.
(e) Transfer of Property.--For properties disqualified from the
consideration of a mortgage restructuring and rental assistance
[[Page 111 STAT. 1401]]
sufficiency plan under this section in accordance with paragraph (1) or
(2) of subsection (a) because of actions by an owner or purchaser, the
Secretary shall establish procedures to facilitate the voluntary sale or
transfer of a property as part of a mortgage restructuring and rental
assistance sufficiency plan, with a
preference for tenant organizations and tenant-endorsed community-based
nonprofit and public agency purchasers meeting such reasonable
qualifications as may be established by the Secretary.
SEC. 517. <<NOTE: 42 USC 1437f note.>> RESTRUCTURING TOOLS.
(a) Mortgage Restructuring.--
(1) In this subtitle, an approved mortgage restructuring and
rental assistance sufficiency plan shall include restructuring
mortgages in accordance with this subsection to provide--
(A) a restructured or new first mortgage that is
sustainable at rents at levels that are established in
section 514(g); and
(B) a second mortgage that is in an amount equal to
no more than the difference between the restructured or
new first mortgage and the indebtedness under the
existing insured mortgage immediately before it is
restructured or refinanced, provided that the amount of
the second mortgage shall be in an amount that the
Secretary or participating administrative entity
determines can reasonably be expected to be repaid.
(2) The second mortgage shall bear interest at a rate not to
exceed the applicable Federal rate as defined in section 1274(d)
of the Internal Revenue Code of 1986. The term of the second
mortgage shall be equal to the term of the restructured or new
first mortgage.
(3) Payments on the second mortgage shall be deferred when
the first mortgage remains outstanding, except to the extent
there is excess project income remaining after payment of all
reasonable and necessary operating expenses (including deposits
in a reserve for replacement), debt service on the first
mortgage, and any other expenditures approved by the Secretary.
At least 75 percent of any excess project income shall be
applied to payments on the second mortgage, and the Secretary or
the participating administrative entity may permit up to 25
percent to be paid to the project owner if the Secretary or
participating administrative entity determines that the project
owner meets benchmarks for management and housing quality.
(4) The full amount of the second mortgage shall be
immediately due and payable if--
(A) the first mortgage is terminated or paid in
full, except as otherwise provided by the holder of the
second mortgage;
(B) the project is purchased and the second mortgage
is assumed by any subsequent purchaser in violation of
guidelines established by the Secretary; or
(C) the Secretary provides notice to the project
owner that such owner has failed to materially comply
with any requirements of this section or the United
States Housing Act of 1937 as those requirements apply
to the project, with a reasonable opportunity for such
owner to cure such failure.
[[Page 111 STAT. 1402]]
(5) The Secretary may modify the terms or forgive all or
part of the second mortgage if the Secretary holds the second
mortgage and if the project is acquired by a tenant organization
or tenant-endorsed community-based nonprofit or public agency,
pursuant to guidelines established by the
Secretary.
(b) Restructuring Tools.--In addition to the requirements of
subsection (a) and to the extent these actions are consistent with this
section and with the control of the Secretary of applicable accounts in
the Treasury of the United States, an approved mortgage restructuring
and rental assistance sufficiency plan under this subtitle may include
one or more of the following actions:
(1) Full or partial payment of claim.--making a full payment
of claim or partial payment of claim under section 541(b) of the
National Housing Act, as amended by section 523(b) of this Act.
Any payment under this paragraph shall not require the approval
of a mortgagee;
(2) Refinancing of debt.--refinancing of all or part of the
debt on a project. If the refinancing involves a mortgage that
will continue to be insured under the National Housing Act, the
refinancing shall be documented through amendment of the
existing insurance contract and not through a new insurance
contract;
(3) Mortgage insurance.--providing FHA multifamily mortgage
insurance, reinsurance or other credit enhancement alternatives,
including multifamily risk-sharing mortgage programs, as
provided under section 542 of the Housing and Community
Development Act of 1992. Any limitations on the number of units
available for mortgage insurance under section 542 shall not
apply to eligible multifamily housing projects. Any credit
subsidy costs of providing mortgage insurance shall be paid from
the Liquidating Accounts of the General Insurance Fund or the
Special Risk Insurance Fund and shall not be subject to any
limitation on appropriations;
(4) Credit enhancement.--providing any additional State or
local mortgage credit enhancements and risk-sharing arrangements
that may be established with State or local housing finance
agencies, the Federal Housing Finance Board, the Federal
National Mortgage Association, and the Federal Home Loan
Mortgage Corporation, to a modified or refinanced first
mortgage;
(5) Compensation of third parties.--consistent with the
portfolio restructuring agreement, entering into agreements,
incurring costs, or making payments, including incentive
agreements designed to reward superior performance in meeting
the purposes of this Act, as may be reasonably necessary, to
compensate the participation of participating administrative
entities and other parties in undertaking actions authorized by
this subtitle. Upon request to the Secretary, participating
administrative entities that are qualified under the United
States Housing Act of 1937 to serve as contract administrators
shall be the contract administrators under section 8 of the
United States Housing Act of 1937 for purposes of any contracts
entered into as part of an approved mortgage restructuring and
rental assistance sufficiency plan. Subject to the availability
of amounts provided in advance in appropriations Acts for
administrative fees under section 8 of the United States
[[Page 111 STAT. 1403]]
Housing Act of 1937, such amounts may be used to compensate
participating administrative entities for compliance monitoring
costs incurred under section 519;
(6) Use of project accounts.--applying any residual
receipts, replacement reserves, and any other project accounts
not required for project operations, to maintain the long-term
affordability and physical condition of the property or of other
eligible multifamily housing projects. The participating
administrative entity may expedite the acquisition of residual
receipts, replacement reserves, or other such accounts, by
entering into agreements with owners of housing covered by an
expiring contract to provide an owner with a share of the
receipts, not to exceed 10 percent, in accordance with
guidelines established by the Secretary; and
(7) Rehabilitation needs.--
(A) In general.--Rehabilitation may be paid from the
residual receipts, replacement reserves, or any other
project accounts not required for project operations,
or, as provided in appropriations Acts and subject to
the control of the Secretary of applicable accounts in
the Treasury of the United States, from budget authority
provided for increases in the budget authority for
assistance contracts under section 8 of the United
States Housing Act of 1937, the rehabilitation grant
program established under section 236 of the National
Housing Act, as amended by section 531 of subtitle B of
this Act, or through the debt restructuring transaction.
Rehabilitation under this paragraph shall only be for
the purpose of restoring the project to a non-luxury
standard adequate for the rental market intended at the
original approval of the project-based assistance.
(B) Contribution.--Each owner or purchaser of a
project to be rehabilitated under an approved mortgage
restructuring and rental assistance sufficiency plan
shall contribute, from non-project resources, not less
than 25 percent of the amount of rehabilitation
assistance received, except that the participating
administrative entity may provide an exception from the
requirement of this subparagraph for housing
cooperatives.
(c) Role of FNMA and FHLMC.--Section 1335 of the Federal Housing
Enterprises Financial Safety and Soundness Act of 1992 (12 U.S.C. 4565)
is amended--
(1) in paragraph (3), by striking ``and'' at the end;
(2) paragraph (4), by striking the period at the end and
inserting ``; and'';
(3) by striking ``To meet'' and inserting the following:
``(a) In General.--To meet''; and
(4) by adding at the end the following:
``(5) assist in maintaining the affordability of assisted
units in eligible multifamily housing projects with expiring
contracts, as defined under the Multifamily Assisted Housing
Reform and Affordability Act of 1997.
``(b) Affordable Housing Goals.--Actions taken under subsection
(a)(5) shall constitute part of the contribution of each entity in
meeting its affordable housing goals under sections 1332, 1333, and 1334
for any fiscal year, as determined by the Secretary.''.
[[Page 111 STAT. 1404]]
(d) Prohibition on Equity Sharing by the Secretary.--The Secretary
is prohibited from participating in any equity agreement or profit-
sharing agreement in conjunction with any eligible multifamily housing
project.
(e) Conflict of Interest Guidelines.--The Secretary may establish
guidelines to prevent conflicts of interest by a participating
administrative entity that provides, directly or through risk-sharing
arrangements, any form of credit enhancement or financing pursuant to
subsections (b)(3) or (b)(4) or to prevent conflicts of interest by any
other person or entity under this subtitle.
SEC. 518. <<NOTE: 42 USC 1437f note.>> MANAGEMENT STANDARDS.
Each participating administrative entity shall establish management
standards, including requirements governing conflicts of interest
between owners, managers, contractors with an identity of interest,
pursuant to guidelines established by the Secretary and consistent with
industry standards.
SEC. 519. <<NOTE: 42 USC 1437f note.>> MONITORING OF COMPLIANCE.
(a) Compliance Agreements.--(1) Pursuant to regulations issued by
the Secretary under section 522(a), each participating administrative
entity, through binding contractual agreements with owners and
otherwise, shall ensure long-term compliance with the provisions of this
subtitle. Each agreement shall, at a minimum, provide for--
(A) enforcement of the provisions of this subtitle; and
(B) remedies for the breach of those provisions.
(2) If the participating administrative entity is not qualified
under the United States Housing Act of 1937 to be a section 8 contract
administrator or fails to perform its duties under the portfolio
restructuring agreement, the Secretary shall have the right to enforce
the agreement.
(b) Periodic Monitoring.--
(1) In general.--Not less than annually, each participating
administrative entity that is qualified to be the section 8
contract administrator shall review the status of all
multifamily housing projects for which a mortgage restructuring
and rental assistance sufficiency plan has been implemented.
(2) Inspections.--Each review under this subsection shall
include onsite inspection to determine compliance with housing
codes and other requirements as provided in this subtitle and
the portfolio restructuring agreements.
(3) Administration.--If the participating administrative
entity is not qualified under the United States Housing Act of
1937 to be a section 8 contract administrator, either the
Secretary or a qualified State or local housing agency shall be
responsible for the review required by this subsection.
(c) Audit by the Secretary.--The Comptroller General of the United
States, the Secretary, and the Inspector General of the Department of
Housing and Urban Development may conduct an audit at any time of any
multifamily housing project for which a mortgage restructuring and
rental assistance sufficiency plan has been implemented.
SEC. 520. <<NOTE: 42 USC 1437f note.>> REPORTS TO CONGRESS.
(a) Annual Review.--In order to ensure compliance with this
subtitle, the Secretary shall conduct an annual review and report
[[Page 111 STAT. 1405]]
to the Congress on actions taken under this subtitle and the status of
eligible multifamily housing projects.
(b) Semiannual Review.--Not less than semiannually during the 2-year
period beginning on the date of the enactment of this Act and not less
than annually thereafter, the Secretary shall submit reports to the
Committee on Banking and Financial Services of the House of
Representatives and the Committee on Banking, Housing, and Urban Affairs
of the Senate stating, for such periods, the total number of projects
identified by participating administrative entities under each of
clauses (i) and (ii) of section 515(c)(2)(C).
SEC. 521. <<NOTE: 42 USC 1437f note.>> GAO AUDIT AND REVIEW.
(a) Initial Audit.--Not later than 18 months after the effective
date of final regulations promulgated under this subtitle, the
Comptroller General of the United States shall conduct an audit to
evaluate eligible multifamily housing projects and the implementation of
mortgage restructuring and rental assistance sufficiency plans.
(b) Report.--
(1) In general.--Not later than 18 months after the audit
conducted under subsection (a), the Comptroller General of the
United States shall submit to Congress a report on the status of
eligible multifamily housing projects and the implementation of
mortgage restructuring and rental assistance sufficiency plans.
(2) Contents.--The report submitted under paragraph (1)
shall include--
(A) a description of the initial audit conducted
under subsection (a); and
(B) recommendations for any legislative action to
increase the financial savings to the Federal Government
of the restructuring of eligible multifamily housing
projects balanced with the continued availability of the
maximum number of affordable low-income housing units.
SEC. 522. <<NOTE: 42 USC 1437f note.>> REGULATIONS.
(a) Rulemaking and Implementation.--
(1) Interim regulations.--The Director shall issue such
interim regulations as may be necessary to implement this
subtitle and the amendments made by this subtitle with respect
to eligible multifamily housing projects covered by contracts
described in section 512(2)(B) that expire in fiscal year 1999
or thereafter. If, before the expiration of such period, the
Director has not been appointed, the Secretary shall issue such
interim regulations.
(2) Final regulations.--The Director shall issue final
regulations necessary to implement this subtitle and the
amendments made by this subtitle with respect to eligible
multifamily housing projects covered by contracts described in
section 512(2)(B) that expire in fiscal year 1999 or thereafter
before the later of: (A) the expiration of the 12-month period
beginning upon the date of the enactment of this Act; and (B)
the 3-month period beginning upon the appointment of the
Director under subtitle D.
(3) Factors for consideration.--Before the publication of
the final regulations under paragraph (2), in addition to public
comments invited in connection with publication of the interim
rule, the Secretary shall--
[[Page 111 STAT. 1406]]
(A) seek recommendations on the implementation of
sections 513(b) and 515(c)(1) from organizations repre-
senting--
(i) State housing finance agencies and local
housing agencies;
(ii) other potential participating
administering entities;
(iii) tenants;
(iv) owners and managers of eligible
multifamily housing projects;
(v) States and units of general local
government; and
(vi) qualified mortgagees; and
(B) convene not less than 3 public forums at which
the organizations making recommendations under
subparagraph (A) may express views concerning the
proposed
disposition of the recommendations.
(b) <<NOTE: Applicability.>> Transition Provision for Contracts
Expiring in Fiscal Year 1998.--Notwithstanding any other provision of
law, the Secretary shall apply all the terms of section 211 and section
212 of the Departments of Veterans Affairs and Housing and Urban
Development, and Independent Agencies Appropriations Act, 1997 (except
for section 212(h)(1)(G) and the limitation in section 212(k)) contracts
for project-based assistance that expire during fiscal year 1998 (in the
same manner that such provisions apply to expiring contracts defined in
section 212(a)(3) of such Act), except that section 517(a) of the Act
shall apply to mortgages on projects subject to such contracts.
SEC. 523. <<NOTE: 42 USC 1437f note.>> TECHNICAL AND CONFORMING
AMENDMENTS.
(a) Calculation of Limit on Project-Based Assistance.--Section 8(d)
of the United States Housing Act of 1937 (42 U.S.C. 1437f(d)) is amended
by adding at the end the following:
``(5) Calculation of limit.--Any contract entered into under
section 514 of the Multifamily Assisted Housing Reform and
Affordability Act of 1997 shall be excluded in computing the
limit on project-based assistance under this subsection.''.
(b) Partial Payment of Claims on Multifamily Housing Projects.--
Section 541 of the National Housing Act (12 U.S.C. 1735f-19) is
amended--
(1) in subsection (a), in the subsection heading, by
striking ``Authority'' and inserting ``Defaulted Mortgages'';
(2) by redesignating subsection (b) as subsection (c); and
(3) by inserting after subsection (a) the following:
``(b) Existing Mortgages.--Notwithstanding any other
provision of law, the Secretary, in connection with a mortgage
restructuring under section 514 of the Multifamily Assisted Housing
Reform and Affordability Act of 1997, may make a one time, nondefault
partial payment of the claim under the mortgage insurance contract,
which shall include a determination by the Secretary or the
participating administrative entity, in accordance with the Multifamily
Assisted Housing Reform and Affordability Act of 1997, of the market
value of the project and a restructuring of the mortgage, under such
terms and conditions as are permitted by section 517(a) of such Act.''.
[[Page 111 STAT. 1407]]
(c) Reuse and Rescission of Certain Recaptured Budget Authority.--
Section 8(bb) of the United States Housing Act of 1937 (42 U.S.C.
1437f(bb)) is amended--
(1) by inserting after ``(bb)'' the following:
``Transfer, Reuse, and Rescission of Budget Authority.--
``(1)''; and
(2) by inserting the following new paragraph at the end:
``(2) Reuse and rescission of certain recaptured budget
authority.--Notwithstanding paragraph (1), if a project-based
assistance contract for an eligible multifamily housing project
subject to actions authorized under title I is terminated or
amended as part of restructuring under section 517 of the
Multifamily Assisted Housing Reform and Affordability Act of
1997, the Secretary shall recapture the budget authority not
required for the terminated or amended contract and use such
amounts as are necessary to provide housing assistance for the
same number of families covered by such contract for the
remaining term of such contract, under a contract providing for
project-based or tenant-based assistance. The amount of budget
authority saved as a result of the shift to project-based or
tenant-based assistance shall be rescinded.''.
(d) Section 8 Contract Renewals.--Section 405(a) of the Balanced
Budget Downpayment Act, I (42 U.S.C. 1437f note) is amended by striking
``For'' and inserting ``Notwithstanding part 24 of title 24 of the Code
of Federal Regulations, for''.
(e) Renewal Upon Request of Owner.--Section 211(b)(3) of the
Departments of Veterans Affairs and Housing and Urban Development, and
Independent Agencies Appropriations Act, 1997 (Public Law 104-204; 110
Stat. 2896) <<NOTE: 42 USC 1437f note.>> is amended--
(1) by striking the paragraph heading and inserting the
following:
``(3) Exemption of certain other projects.--''; and
(2) by striking ``section 202 projects, section 811 projects
and section 515 projects'' and inserting ``section 202 projects,
section 515 projects, projects with contracts entered into
pursuant to section 441 of the Stewart B. McKinney Homeless
Assistance Act, and projects with rents that exceed 100 percent
of fair market rent for the market area, but that are less than
rents for comparable projects''.
(f) Extension of Demonstration Contract Period.--Section 212(g) of
the Departments of Veterans Affairs and Housing and Urban Development,
and Independent Agencies Appropriations Act, 1997 (Public Law 104-
204) <<NOTE: 42 USC 1437f note.>> is amended--
(1) by inserting ``(1)'' after ``(g)'';
(2) by inserting before the period at the end the following:
``or in paragraph (2)''; and
(3) by adding at the end the following:
``(2) The Secretary may renew a demonstration contract for an
additional period of not to exceed 120 days, if--
``(A) the contract was originally executed before February
1, 1997, and the Secretary determines, in the sole discretion of
the Secretary, that the renewal period for the contract needs to
exceed 1 year, due to delay of publication of the Secretary's
demonstration program guidelines until January 23, 1997 (not to
exceed 21 projects); or
``(B) the contract was originally executed before October 1,
1997, in connection with a project that has been identified
[[Page 111 STAT. 1408]]
for restructuring under the joint venture approach described in
section VII.B.2. of the Secretary's demonstration program
guidelines, and the Secretary determines, in the sole discretion
of the Secretary, that the renewal period for the contract needs
to exceed 1 year, due to delay in implementation of the joint
venture agreement required by the guidelines (not to exceed 25
projects).''.
SEC. 524. <<NOTE: 42 USC 1437f note.>> SECTION 8 CONTRACT RENEWALS.
(a) Section 8 Contract Renewal Authority.--
(1) In general.--Notwithstanding part 24 of title 24 of the
Code of Federal Regulations and subject to section 516 of this
subtitle, for fiscal year 1999 and henceforth, the Secretary 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 and
notwithstanding section 8(v) of such Act for loan management
assistance), to provide assistance under section 8 of such Act
at rent levels that do not exceed comparable market rents for
the market area. The assistance shall be provided in accordance
with terms and conditions prescribed by the Secretary.
(2) Exception projects.--Notwithstanding paragraph (1), upon
the request of the owner, the Secretary shall renew an expiring
contract in accordance with terms and conditions prescribed by
the Secretary at the lesser of: (i) existing rents, adjusted by
an operating cost adjustment factor established by the
Secretary; (ii) a level that provides income sufficient to
support a budget-based rent (including a budget-based rent
adjustment if justified by reasonable and expected operating
expenses); or (iii) in the case of a contract under the moderate
rehabilitation program, other than a moderate rehabilitation
contract under section 441 of the Stewart B. McKinney Homeless
Assistance Act, the base rent adjusted by an operating cost
adjustment factor established by the Secretary, for the
following categories of multifamily housing projects--
(A) projects for which the primary financing or
mortgage insurance was provided by a unit of State
government or a unit of general local government (or an
agency or instrumentality of either) and is not insured
under the National Housing Act;
(B) projects for which the primary financing was
provided by a unit of State government or a unit or
general local government (or an agency or
instrumentality of either) and the financing involves
mortgage insurance under the National Housing Act, such
that the implementation of a mortgage restructuring and
rental assistance sufficiency plan under this Act is in
conflict with applicable law or agreements governing
such financing;
(C) projects financed under section 202 of the
Housing Act of 1959 or section 515 of the Housing Act of
1949;
(D) projects that have an expiring contract under
section 8 of the United States Housing Act of 1937
pursuant to section 441 of the Stewart B. McKinney
Homeless Assistance Act; and
[[Page 111 STAT. 1409]]
(E) projects that do not qualify as eligible
multifamily housing projects pursuant to section 512(2)
of this subtitle.
Subtitle B--Miscellaneous Provisions
SEC. 531. REHABILITATION GRANTS FOR CERTAIN INSURED PROJECTS.
Section 236 of the National Housing Act (12 U.S.C. 1715z-1) is
amended by adding at the end the following:
``(s) Grant Authority.--
``(1) In general.--The Secretary may make grants for the
capital costs of rehabilitation to owners of projects that meet
the eligibility and other criteria set forth in, and in
accordance with, this subsection.
``(2) Project eligibility.--A project may be eligible for
capital grant assistance under this subsection--
``(A) if--
``(i) the project is or was insured under any
provision of title II of the National Housing Act;
``(ii) the project was assisted under section
8 of the United States Housing Act of 1937 on the
date of enactment of the Multifamily Assisted
Housing Reform and Affordability Act of 1997; and
``(iii) the project mortgage was not held by a
State agency as of the date of enactment of the
Multifamily Assisted Housing Reform and
Affordability Act of 1997;
``(B) if the project owner agrees to maintain the
housing quality standards as required by the Secretary;
``(C)(i) if the Secretary determines that the owner
or purchaser of the project has not engaged in material
adverse financial or managerial actions or omissions
with regard to such project; or
``(ii) if the Secretary elects to make such
determination, that the owner or purchaser of the
project has not engaged in material adverse financial or
managerial actions or
omissions with regard to other projects of such owner or
purchaser that are federally assisted or financed with a
loan from, or mortgage insured or guaranteed by, an
agency of the Federal Government;
``(iii) material adverse financial or managerial
actions or omissions, as the terms are used in this
subparagraph, include--
``(I) materially violating any Federal, State,
or local law or regulation with regard to this
project or any other federally assisted project,
after receipt of notice and an opportunity to
cure;
``(II) materially breaching a contract for
assistance under section 8 of the United States
Housing Act of 1937, after receipt of notice and
an opportunity to cure;
``(III) materially violating any applicable
regulatory or other agreement with the Secretary
or a participating administrative entity, after
receipt of notice and an opportunity to cure;
``(IV) repeatedly failing to make mortgage
payments at times when project income was
sufficient to maintain and operate the property;
[[Page 111 STAT. 1410]]
``(V) materially failing to maintain the
property according to housing quality standards
after receipt of notice and a reasonable
opportunity to cure; or
``(VI) committing any act or omission that
would warrant suspension or debarment by the
Secretary; and
``(iv) the term `owner' as used in this
subparagraph, in addition to it having the same meaning
as in section 8(f) of the United States Housing Act of
1937, also means an affiliate of the owner; the term
`purchaser' as used in this subsection means any private
person or entity, including a cooperative, an agency of
the Federal Government, or a public housing agency,
that, upon purchase of the project, would have the legal
right to lease or sublease dwelling units in the
project, and also means an affiliate of the purchaser;
the terms `affiliate of the owner' and `affiliate of the
purchaser' means any person or entity (including, but
not limited to, a general partner or managing member, or
an officer of either) that controls an owner or
purchaser, is controlled by an owner or purchaser, or is
under common control with the owner or purchaser; the
term `control' means the direct or indirect power (under
contract, equity ownership, the right to vote or
determine a vote, or otherwise) to direct the financial,
legal, beneficial or other interests of the owner or
purchaser; and
``(D) if the project owner demonstrates to the
satisfaction of the Secretary--
``(i) using information in a comprehensive
needs assessment, that capital grant assistance is
needed for rehabilitation of the project; and
``(ii) that project income is not sufficient
to support such rehabilitation.
``(3) Eligible purposes.--The Secretary may make grants to
the owners of eligible projects for the purposes of--
``(A) payment into project replacement reserves;
``(B) debt service payments on non-Federal
rehabilitation loans; and
``(C) payment of nonrecurring maintenance and
capital improvements, under such terms and conditions as
are determined by the Secretary.
``(4) Grant agreement.--
``(A) In general.--The Secretary shall provide in
any grant agreement under this subsection that the grant
shall be terminated if the project fails to meet housing
quality standards, as applicable on the date of
enactment of the Multifamily Assisted Housing Reform and
Affordability Act of 1997, or any successor standards
for the physical conditions of projects, as are
determined by the Secretary.
``(B) Affordability and use clauses.--The Secretary
shall include in a grant agreement under this subsection
a requirement for the project owners to maintain such
affordability and use restrictions as the Secretary
determines to be appropriate.
``(C) Other terms.--The Secretary may include in a
grant agreement under this subsection such other terms
and conditions as the Secretary determines to be
necessary.
``(5) Delegation.--
[[Page 111 STAT. 1411]]
``(A) In general.--In addition to the authorities
set forth in subsection (p), the Secretary may delegate
to State and local governments the responsibility for
the administration of grants under this subsection. Any
such government may carry out such delegated
responsibilities directly or under contracts.
``(B) Administration costs.--In addition to other
eligible purposes, amounts of grants under this
subsection may be made available for costs of
administration under subparagraph (A).
``(6) Funding.--
``(A) In general.--For purposes of carrying out this
subsection, the Secretary may make available amounts
that are unobligated amounts for contracts for interest
reduction payments--
``(i) that were previously obligated for
contracts for interest reduction payments under
this section until the insured mortgage under this
section was extinguished;
``(ii) that become available as a result of
the outstanding principal balance of a mortgage
having been written down;
``(iii) that are uncommitted balances within
the limitation on maximum payments that may have
been, before the date of enactment of the
Multifamily Assisted Housing Reform and
Affordability Act of 1997, permitted in any fiscal
year; or
``(iv) that become available from any other
source.
``(B) Liquidation authority.--The Secretary may
liquidate obligations entered into under this subsection
under section 1305(10) of title 31, United States Code.
``(C) Capital grants.--In making capital grants
under the terms of this subsection, using the amounts
that the Secretary has recaptured from contracts for
interest reduction payments, the Secretary shall ensure
that the rates and amounts of outlays do not at any time
exceed the rates and amounts of outlays that would have
been experienced if the insured mortgage had not been
extinguished or the principal amount had not been
written down, and the interest reduction payments that
the Secretary has recaptured had continued in accordance
with the terms in effect immediately prior to such
extinguishment or write-down.''.
SEC. 532. <<NOTE: 42 USC 1437f note.>> GAO REPORT ON SECTION 8 RENTAL
ASSISTANCE FOR MULTIFAMILY HOUSING PROJECTS.
Not later than the expiration of the 18-month period beginning on
the date of the enactment of this Act, the Comptroller General of the
United States shall submit a report to the Congress
analyzing--
(1) the housing projects for which project-based assistance
is provided under section 8 of the United States Housing Act of
1937, but which are not subject to a mortgage insured or held by
the Secretary under the National Housing Act;
(2) how State and local housing finance agencies have
benefited financially from the rental assistance program under
section 8 of the United States Housing Act of 1937, including
[[Page 111 STAT. 1412]]
any benefits from fees, bond financings, and mortgage
refinancings; and
(3) the extent and effectiveness of State and local housing
finance agencies oversight of the physical and financial
management and condition of multifamily housing projects for
which project-based assistance is provided under section 8 of
the United States Housing Act of 1937.
Subtitle C--Enforcement Provisions
SEC. 541. <<NOTE: 12 USC 1735f-14 note.>> IMPLEMENTATION.
(a) Issuance of Necessary Regulations.--Notwithstanding section 7(o)
of the Department of Housing and Urban Development Act or part 10 of
title 24, Code of Federal Regulations (as in existence on the date of
enactment of this Act), the Secretary shall issue such regulations as
the Secretary determines to be necessary to implement this subtitle and
the amendments made by this subtitle in accordance with section 552 or
553 of title 5, United States Code, as determined by the Secretary.
(b) Use of Existing Regulations.--In implementing any provision of
this subtitle, the Secretary may, in the discretion of the Secretary,
provide for the use of existing regulations to the extent appropriate,
without rulemaking.
SEC. 542. INCOME VERIFICATION.
(a) Reinstitution of Requirements Regarding HUD Access to Certain
Information of State Agencies.--
(1) In general.--Section 303(i) of the <<NOTE: 42 USC
503.>> Social Security Act is amended by striking paragraph (5).
(2) <<NOTE: 42 USC 503 note.>> Effective date.--The
amendment made by this subsection shall apply to any request for
information made after the date of the enactment of this Act.
(b) Repeal of Termination Regarding Housing Assistance Programs.--
Section 6103(l)(7)(D) of the Internal Revenue Code of 1986 <<NOTE: 26
USC 6103.>> is amended by striking the last sentence.
Part 1--FHA Single Family and Multifamily Housing
SEC. 551. AUTHORIZATION TO IMMEDIATELY SUSPEND MORTGAGEES.
Section 202(c)(3)(C) of the National Housing Act (12 U.S.C.
1708(c)(3)(C)) is amended by inserting after the first sentence the
following: ``Notwithstanding paragraph (4)(A), a suspension shall be
effective upon issuance by the Board if the Board determines that there
exists adequate evidence that immediate action is required to protect
the financial interests of the Department or the public.''.
SEC. 552. EXTENSION OF EQUITY SKIMMING TO OTHER SINGLE FAMILY AND
MULTIFAMILY HOUSING PROGRAMS.
Section 254 of the National Housing Act (12 U.S.C. 1715z-19) is
amended to read as follows:
``SEC. 254. EQUITY SKIMMING PENALTY.
``(a) In General.--Whoever, as an owner, agent, or manager, or who
is otherwise in custody, control, or possession of a multifamily project
or a 1- to 4-family residence that is security for a
[[Page 111 STAT. 1413]]
mortgage note that is described in subsection (b), willfully uses or
authorizes the use of any part of the rents, assets, proceeds, income,
or other funds derived from property covered by that mortgage note for
any purpose other than to meet reasonable and necessary expenses that
include expenses approved by the Secretary if such approval is required,
in a period during which the mortgage note is in default or the project
is in a nonsurplus cash position, as defined by the regulatory agreement
covering the property, or the mortgagor has failed to comply with the
provisions of such other form of regulatory control imposed by the
Secretary, shall be fined not more than $500,000, imprisoned not more
than 5 years, or both.
``(b) Mortgage Notes Described.--For purposes of subsection (a), a
mortgage note is described in this subsection if it--
``(1) is insured, acquired, or held by the Secretary
pursuant to this Act;
``(2) is made pursuant to section 202 of the Housing Act of
1959 (including property still subject to section 202 program
requirements that existed before the date of enactment of the
Cranston-Gonzalez National Affordable Housing Act); or
``(3) is insured or held pursuant to section 542 of the
Housing and Community Development Act of 1992, but is not
reinsured under section 542 of the Housing and Community
Development Act of 1992.''.
SEC. 553. CIVIL MONEY PENALTIES AGAINST MORTGAGEES, LENDERS, AND OTHER
PARTICIPANTS IN FHA PROGRAMS.
(a) Change to Section Title.--Section 536 of the National Housing
Act (12 U.S.C. 1735f-14) is amended by striking the section heading and
the section designation and inserting the following:
``SEC. 536. CIVIL MONEY PENALTIES AGAINST MORTGAGEES, LENDERS, AND OTHER
PARTICIPANTS IN FHA PROGRAMS.''.
(b) Expansion of Persons Eligible for Penalty.--Section 536(a) of
the National Housing Act (12 U.S.C. 1735f-14(a)) is amended--
(1) in paragraph (1), by striking the first sentence and
inserting the following: ``If a mortgagee approved under the
Act, a lender holding a contract of insurance under title I, or
a principal, officer, or employee of such mortgagee or lender,
or other person or entity participating in either an insured
mortgage or title I loan transaction under this Act or providing
assistance to the borrower in connection with any such loan,
including sellers of the real estate involved, borrowers,
closing agents, title companies, real estate agents, mortgage
brokers, appraisers, loan correspondents and dealers, knowingly
and materially violates any applicable provision of subsection
(b), the Secretary may impose a civil money penalty on the
mortgagee or lender, or such other person or entity, in
accordance with this section. The penalty under this paragraph
shall be in addition to any other available civil remedy or any
available criminal penalty, and may be imposed whether or not
the Secretary imposes other administrative sanctions.''; and
(2) in paragraph (2)--
(A) in the first sentence, by inserting ``or such
other person or entity'' after ``lender''; and
(B) in the second sentence, by striking
``provision'' and inserting ``the provisions''.
[[Page 111 STAT. 1414]]
(c) Additional Violations for Mortgagees, Lenders, and Other
Participants in FHA Programs.--Section 536(b) of the National Housing
Act (12 U.S.C. 1735f-14(b)) is amended--
(1) by redesignating paragraph (2) as paragraph (3);
(2) by inserting after paragraph (1) the following:
``(2) The Secretary may impose a civil money penalty under
subsection (a) for any knowing and material violation by a
principal, officer, or employee of a mortgagee or lender, or
other participants in either an insured mortgage or title I loan
transaction under this Act or provision of assistance to the
borrower in connection with any such loan, including sellers of
the real estate involved, borrowers, closing agents, title
companies, real estate agents, mortgage brokers, appraisers,
loan correspondents, and dealers for--
``(A) submission to the Secretary of information
that was false, in connection with any mortgage insured
under this Act, or any loan that is covered by a
contract of insurance under title I of this Act;
``(B) falsely certifying to the Secretary or
submitting to the Secretary a false certification by
another person or entity; or
``(C) failure by a loan correspondent or dealer to
submit to the Secretary information which is required by
regulations or directives in connection with any loan
that is covered by a contract of insurance under title
I.''; and
(3) in paragraph (3), as redesignated, by striking ``or
paragraph (1)(F)'' and inserting ``or (F), or paragraph (2)(A),
(B), or (C)''.
(d) Conforming and Technical Amendments.--Section 536 of the
National Housing Act (12 U.S.C. 1735f-14) is amended--
(1) in subsection (c)(1)(B), by inserting after ``lender''
the following: ``or such other person or entity'';
(2) in subsection (d)(1)--
(A) by inserting ``or such other person or entity''
after ``lender''; and
(B) by striking ``part 25'' and inserting ``parts 24
and 25''; and
(3) in subsection (e), by inserting ``or such other person
or entity'' after ``lender'' each place that term appears.
Part 2--FHA Multifamily Provisions
SEC. 561. CIVIL MONEY PENALTIES AGAINST GENERAL PARTNERS, OFFICERS,
DIRECTORS, AND CERTAIN MANAGING AGENTS OF MULTIFAMILY
PROJECTS.
(a) Civil Money Penalties Against Multifamily Mortgagors.--Section
537 of the National Housing Act (12 U.S.C. 1735f-15) is amended--
(1) in subsection (b)(1), by striking ``on that mortgagor''
and inserting ``on that mortgagor, on a general partner of a
partnership mortgagor, or on any officer or director of a
corporate mortgagor'';
(2) in subsection (c)--
(A) by striking the subsection heading and inserting
the following:
``(c) Other Violations.--''; and
(B) in paragraph (1)--
[[Page 111 STAT. 1415]]
(i) by striking ``Violations.--The Secretary
may'' and all that follows through the colon and
inserting the following:
``(A) Liable parties.--The Secretary may also impose
a civil money penalty under this section on--
``(i) any mortgagor of a property that
includes 5 or more living units and that has a
mortgage insured, coinsured, or held pursuant to
this Act;
``(ii) any general partner of a partnership
mortgagor of such property;
``(iii) any officer or director of a corporate
mortgagor;
``(iv) any agent employed to manage the
property that has an identity of interest with the
mortgagor, with the general partner of a
partnership mortgagor, or with any officer or
director of a corporate mortgagor of such
property; or
``(v) any member of a limited liability
company that is the mortgagor of such property or
is the general partner of a limited partnership
mortgagor or is a partner of a general partnership
mortgagor.
``(B) Violations.--A penalty may be imposed under
this section upon any liable party under subparagraph
(A) that knowingly and materially takes any of the
following actions:'';
(ii) in subparagraph (B), as designated by
clause (i), by redesignating the subparagraph
designations (A) through (L) as clauses (i)
through (xii), respectively;
(iii) by adding after clause (xii), as
redesignated by clause (ii), the following:
``(xiii) Failure to maintain the premises,
accommodations, any living unit in the project,
and the grounds and equipment appurtenant thereto
in good repair and condition in accordance with
regulations and requirements of the Secretary,
except that nothing in this clause shall have the
effect of altering the provisions of an existing
regulatory agreement or federally insured mortgage
on the property.
``(xiv) Failure, by a mortgagor, a general
partner of a partnership mortgagor, or an officer
or director of a corporate mortgagor, to provide
management for the project that is acceptable to
the Secretary pursuant to regulations and
requirements of the Secretary.
``(xv) Failure to provide access to the books,
records, and accounts related to the operations of
the mortgaged property and of the project.''; and
(iv) in the last sentence, by deleting ``of
such agreement'' and inserting ``of this
subsection'';
(3) in subsection (d)--
(A) in paragraph (1)(B), by inserting after
``mortgagor'' the following: ``, general partner of a
partnership mortgagor, officer or director of a
corporate mortgagor, or identity of interest agent
employed to manage the property''; and
(B) by adding at the end the following:
``(5) Payment of penalty.--No payment of a civil money
penalty levied under this section shall be payable out of
project income.'';
[[Page 111 STAT. 1416]]
(4) in subsection (e)(1), by deleting ``a mortgagor'' and
inserting ``an entity or person'';
(5) in subsection (f), by inserting after ``mortgagor'' each
place such term appears the following: ``, general partner of a
partnership mortgagor, officer or director of a corporate
mortgagor, or identity of interest agent employed to manage the
property'';
(6) by striking the heading of subsection (f) and inserting
the following: ``Civil Money Penalties Against Multifamily
Mortgagors, General Partners of Partnership Mortgagors, Officers
and Directors of Corporate Mortgagors, and Certain Managing
Agents''; and
(7) by adding at the end the following:
``(k) Identity of Interest Managing Agent.--In this section, the
terms `agent employed to manage the property that has an identity of
interest' and `identity of interest agent' mean an entity--
``(1) that has management responsibility for a project;
``(2) in which the ownership entity, including its general
partner or partners (if applicable) and its officers or
directors (if applicable), has an ownership interest; and
``(3) over which the ownership entity exerts effective
control.''.
(b) <<NOTE: Regulations. 12 USC 1735f-15 note.>> Implementation.--
(1) Public comment.--The Secretary shall implement the
amendments made by this section by regulation issued after
notice and opportunity for public comment. The notice shall seek
comments primarily as to the definitions of the terms
``ownership interest in'' and ``effective control'', as those
terms are used in the definition of the terms ``agent employed
to manage the property that has an identity of interest'' and
``identity of interest agent''.
(2) <<NOTE: Publication.>> Timing.--A proposed rule
implementing the amendments made by this section shall be
published not later than 1 year after the date of enactment of
this Act.
(c) <<NOTE: 12 USC 1735f-15 note.>> Applicability of Amendments.--
The amendments made by subsection (a) shall apply only with respect to--
(1) violations that occur on or after the effective date of
the final regulations implementing the amendments made by this
section; and
(2) in the case of a continuing violation (as determined by
the Secretary of Housing and Urban Development), any portion of
a violation that occurs on or after that date.
SEC. 562. CIVIL MONEY PENALTIES FOR NONCOMPLIANCE WITH
SECTION 8 HAP CONTRACTS.
(a) Basic Authority.--Title I of the United States Housing Act of
1937 (42 U.S.C. 1437 et seq.) is amended--
(1) by designating the second section designated as section
27 (as added by section 903(b) of Public Law 104-193 (110 Stat.
2348)) <<NOTE: 42 USC 1437z.>> as section 28; and
(2) by adding at the end the following:
``SEC. 29. <<NOTE: 42 USC 1437z-1.>> CIVIL MONEY PENALTIES AGAINST
SECTION 8 OWNERS.
``(a) In General.--
``(1) Effect on other remedies.--The penalties set forth in
this section shall be in addition to any other available civil
remedy or any available criminal penalty, and may be
[[Page 111 STAT. 1417]]
imposed regardless of whether the Secretary imposes other
administrative sanctions.
``(2) Failure of secretary.--The Secretary may not impose
penalties under this section for a violation, if a material
cause of the violation is the failure of the Secretary, an agent
of the Secretary, or a public housing agency to comply with an
existing agreement.
``(b) Violations of Housing Assistance Payment Contracts for Which
Penalty May Be Imposed.--
``(1) Liable parties.--The Secretary may impose a civil
money penalty under this section on--
``(A) any owner of a property receiving project-
based assistance under section 8;
``(B) any general partner of a partnership owner of
that property; and
``(C) any agent employed to manage the property that
has an identity of interest with the owner or the
general partner of a partnership owner of the property.
``(2) Violations.--A penalty may be imposed under this
section for a knowing and material breach of a housing
assistance payments contract, including the following--
``(A) failure to provide decent, safe, and sanitary
housing pursuant to section 8; or
``(B) knowing or willful submission of false,
fictitious, or fraudulent statements or requests for
housing assistance payments to the Secretary or to any
department or agency of the United States.
``(3) Amount of penalty.--The amount of a penalty imposed
for a violation under this subsection, as determined by the
Secretary, may not exceed $25,000 per violation.
``(c) <<NOTE: Regulations.>> Agency Procedures.--
``(1) Establishment.--The Secretary shall issue regulations
establishing standards and procedures governing the imposition
of civil money penalties under subsection (b). These standards
and procedures--
``(A) shall provide for the Secretary or other
department official to make the determination to impose
the penalty;
``(B) shall provide for the imposition of a penalty
only after the liable party has received notice and the
opportunity for a hearing on the record; and
``(C) may provide for review by the Secretary of any
determination or order, or interlocutory ruling, arising
from a hearing and judicial review, as provided under
subsection (d).
``(2) Final orders.--
``(A) In general.--If a hearing is not requested
before the expiration of the 15-day period beginning on
the date on which the notice of opportunity for hearing
is received, the imposition of a penalty under
subsection (b) shall constitute a final and unappealable
determination.
``(B) Effect of review.--If the Secretary reviews
the determination or order, the Secretary may affirm,
modify, or reverse that determination or order.
``(C) Failure to review.--If the Secretary does not
review that determination or order before the expiration
of the 90-day period beginning on the date on which the
[[Page 111 STAT. 1418]]
determination or order is issued, the determination or
order shall be final.
``(3) Factors in determining amount of penalty.--In
determining the amount of a penalty under subsection (b), the
Secretary shall take into consideration--
``(A) the gravity of the offense;
``(B) any history of prior offenses by the violator
(including offenses occurring before the enactment of
this section);
``(C) the ability of the violator to pay the
penalty;
``(D) any injury to tenants;
``(E) any injury to the public;
``(F) any benefits received by the violator as a
result of the violation;
``(G) deterrence of future violations; and
``(H) such other factors as the Secretary may
establish by regulation.
``(4) Payment of penalty.--No payment of a civil money
penalty levied under this section shall be payable out of
project income.
``(d) Judicial Review of Agency Determination.--Judicial review of
determinations made under this section shall be carried out in
accordance with section 537(e) of the National Housing Act.
``(e) Remedies for Noncompliance.--
``(1) Judicial intervention.--
``(A) In general.--If a person or entity fails to
comply with the determination or order of the Secretary
imposing a civil money penalty under subsection (b),
after the determination or order is no longer subject to
review as provided by subsections (c) and (d), the
Secretary may request the Attorney General of the United
States to bring an action in an appropriate United
States district court to obtain a monetary judgment
against that person or entity and such other relief as
may be available.
``(B) Fees and expenses.--Any monetary judgment
awarded in an action brought under this paragraph may,
in the discretion of the court, include the attorney's
fees and other expenses incurred by the United States in
connection with the action.
``(2) Nonreviewability of determination or order.--In an
action under this subsection, the validity and appropriateness
of the determination or order of the Secretary imposing the
penalty shall not be subject to review.
``(f) Settlement by Secretary.--The Secretary may compromise,
modify, or remit any civil money penalty which may be, or has been,
imposed under this section.
``(g) Deposit of Penalties.--
``(1) In general.--Notwithstanding any other provision of
law, if the mortgage covering the property receiving assistance
under section 8 is insured or was formerly insured by the
Secretary, the Secretary shall apply all civil money penalties
collected under this section to the appropriate insurance fund
or funds established under this Act, as determined by the
Secretary.
``(2) Exception.--Notwithstanding any other provision of
law, if the mortgage covering the property receiving assistance
under section 8 is neither insured nor formerly insured by
[[Page 111 STAT. 1419]]
the Secretary, the Secretary shall make all civil money
penalties collected under this section available for use by the
appropriate office within the Department for administrative
costs related to enforcement of the requirements of the various
programs administered by the Secretary.
``(h) Definitions.--In this section--
``(1) the term `agent employed to manage the property that
has an identity of interest' means an entity--
``(A) that has management responsibility for a
project;
``(B) in which the ownership entity, including its
general partner or partners (if applicable), has an
ownership interest; and
``(C) over which such ownership entity exerts
effective control; and
``(2) the term `knowing' means having actual knowledge of or
acting with deliberate ignorance of or reckless disregard for
the prohibitions under this section.''.
(b) <<NOTE: 42 USC 1437z-1 note.>> Applicability.--The amendments
made by subsection (a) shall apply only with respect to--
(1) violations that occur on or after the effective date of
final regulations implementing the amendments made by this
section; and
(2) in the case of a continuing violation (as determined by
the Secretary of Housing and Urban Development), any portion of
a violation that occurs on or after such date.
(c) <<NOTE: 42 USC 1437z-1 note.>> Implementation.--
(1) Regulations.--
(A) In general.--The Secretary shall implement the
amendments made by this section by regulation issued
after notice and opportunity for public comment.
(B) Comments sought.--The notice under subparagraph
(A) shall seek comments as to the definitions of the
terms ``ownership interest in'' and ``effective
control'', as such terms are used in the definition of
the term ``agent employed to manage such property that
has an identity of interest''.
(2) <<NOTE: Publication.>> Timing.--A proposed rule
implementing the amendments made by this section shall be
published not later than 1 year after the date of enactment of
this Act.
SEC. 563. EXTENSION OF DOUBLE DAMAGES REMEDY.
Section 421 of the Housing and Community Development Act of 1987 (12
U.S.C. 1715z-4a) is amended--
(1) in subsection (a)(1)--
(A) in the first sentence, by striking ``Act; or
(B)'' and inserting the following: ``Act; (B) a
regulatory agreement that applies to a multifamily
project whose mortgage is insured or held by the
Secretary under section 202 of the Housing Act of 1959
(including property subject to section 202 of such Act
as it existed before enactment of the Cranston-Gonzalez
National Affordable Housing Act of 1990); (C) a
regulatory agreement or such other form of regulatory
control as may be imposed by the Secretary that applies
to mortgages insured or held by the Secretary under
section 542 of the Housing and Community Development Act
of 1992, but not reinsured under section 542
[[Page 111 STAT. 1420]]
of the Housing and Community Development Act of 1992; or
(D)''; and
(B) in the second sentence, by inserting after
``agreement'' the following: ``, or such other form of
regulatory control as may be imposed by the
Secretary,'';
(2) in subsection (a)(2), by inserting after ``Act,'' the
following: ``under section 202 of the Housing Act of 1959
(including section 202 of such Act as it existed before
enactment of the Cranston-Gonzalez National Affordable Housing
Act of 1990) and under section 542 of the Housing and Community
Development Act of 1992,'';
(3) in subsection (b), by inserting after ``agreement'' the
following: ``, or such other form of regulatory control as may
be imposed by the Secretary,'';
(4) in subsection (c)--
(A) in the first sentence, by inserting after
``agreement'' the following: ``, or such other form of
regulatory control as may be imposed by the
Secretary,''; and
(B) in the second sentence, by inserting before the
period the following: ``or, in the case of any project
for which the mortgage is held by the Secretary under
section 202 of the Housing Act of 1959 (including
property subject to section 202 of such Act as it
existed before enactment of the Cranston-Gonzalez
National Affordable Housing Act of 1990), to the project
or to the Department for use by the appropriate office
within the Department for administrative costs related
to enforcement of the requirements of the various
programs administered by the Secretary, as
appropriate''; and
(5) in subsection (d), by inserting after ``agreement'' the
following: ``, or such other form of regulatory control as may
be imposed by the Secretary,''.
SEC. 564. OBSTRUCTION OF FEDERAL AUDITS.
Section 1516(a) of title 18, United States Code, is amended by
inserting after ``under a contract or subcontract,'' the following: ``or
relating to any property that is security for a mortgage note that is
insured, guaranteed, acquired, or held by the Secretary of Housing and
Urban Development pursuant to any Act administered by the Secretary,''.
Subtitle D--Office of Multifamily Housing Assistance Restructuring
SEC. 571. <<NOTE: 42 USC 1437f note.>> ESTABLISHMENT OF OFFICE OF
MULTIFAMILY HOUSING ASSISTANCE RESTRUCTURING.
There is hereby established an office within the Department of
Housing and Urban Development, which shall be known as the Office of
Multifamily Housing Assistance Restructuring.
SEC. 572. <<NOTE: 42 USC 1437f note.>> DIRECTOR.
(a) <<NOTE: President.>> Appointment.--The Office shall be under the
management of a Director, who shall be appointed by the President by and
with the advice and consent of the Senate, from among individuals who
are citizens of the United States and have a demonstrated understanding
of financing and mortgage restructuring for affordable multifamily
housing. Not later than 60 days after the date
[[Page 111 STAT. 1421]]
of the enactment of this Act, the President shall submit to the Senate a
nomination for initial appointment to the position of Director.
(b) Vacancy.--A vacancy in the position of Director shall be filled
in the manner in which the original appointment was made under
subsection (a).
(c) Deputy Director.--
(1) In general.--The Office shall have a Deputy Director who
shall be appointed by the Director from among individuals who
are citizens of the United States and have a demonstrated
understanding of financing and mortgage restructuring for
affordable multifamily housing.
(2) Functions.--The Deputy Director shall have such
functions, powers, and duties as the Director shall prescribe.
In the event of the death, resignation, sickness, or absence of
the Director, the Deputy Director shall serve as acting Director
until the return of the Director or the appointment of a
successor pursuant to subsection (b).
SEC. 573. <<NOTE: 42 USC 1437f note.>> DUTY AND AUTHORITY OF DIRECTOR.
(a) Duty.--The Secretary shall, acting through the Director,
administer the program of mortgage and rental assistance restructuring
for eligible multifamily housing projects under subtitle A. During the
period before the Director is appointed, the Secretary may carry out
such program.
(b) Authority.--The Director is authorized to make such
determinations, take such actions, issue such regulations, and perform
such functions assigned to the Director under law as the Director
determines necessary to carry out such functions, subject to the review
and approval of the Secretary. <<NOTE: Reports.>> The Director shall
semiannually submit a report to the Secretary regarding the activities,
determinations, and actions of the Director.
(c) Delegation of Authority.--The Director may delegate to officers
and employees of the Office (but not to contractors, subcontractors, or
consultants) any of the functions, powers, and duties of the Director,
as the Director considers appropriate.
(d) Independence in Providing Information to Congress.--
(1) In general.--Notwithstanding subsection (a) or (b), the
Director shall not be required to obtain the prior approval,
comment, or review of any officer or agency of the United States
before submitting to the Congress, or any committee or
subcommittee thereof, any reports, recommendations, testimony,
or comments if such submissions include a statement indicating
that the views expressed therein are those of the Director and
do not necessarily represent the views of the Secretary or the
President.
(2) <<NOTE: Reports.>> Requirement.--If the Director
determines at any time that the Secretary is taking or has taken
any action that interferes with the ability of the Director to
carry out the duties of the Director under this Act or that
affects the administration of the program under subtitle A of
this Act in a manner that is inconsistent with the purposes of
this Act, including any proposed action by the Director, in the
discretion of the Director, that is overruled by the Secretary,
the Director shall immediately report directly to the Committee
on Banking and Financial Services of the House of
Representatives and the Committee on Banking, Housing, and Urban
Affairs of the
[[Page 111 STAT. 1422]]
Senate regarding such action. Notwithstanding subsection (a) or
(b), any determination or report under this paragraph by the
Director shall not be subject to prior review or approval of the
Secretary.
SEC. 574. <<NOTE: 42 USC 1437f note.>> PERSONNEL.
(a) Office Personnel.--The Director may appoint and fix the
compensation of such officers and employees of the Office as the
Director considers necessary to carry out the functions of the Director
and the Office. Officers and employees may be paid without regard to the
provisions of chapter 51 and subchapter III of chapter 53 of title 5,
United States Code, relating to classification and General Schedule pay
rates.
(b) Comparability of Compensation With Federal Banking Agencies.--In
fixing and directing compensation under subsection (a), the Director
shall consult with, and maintain comparability with compensation of
officers and employees of the Federal Deposit Insurance Corporation.
(c) Personnel of Other Federal Agencies.--In carrying out the duties
of the Office, the Director may use information, services, staff, and
facilities of any executive agency, independent agency, or department on
a reimbursable basis, with the consent of such agency or department.
(d) Outside Experts and Consultants.--The Director may procure
temporary and intermittent services under section 3109(b) of title 5,
United States Code.
SEC. 575. <<NOTE: 42 USC 1437f note.>> BUDGET AND FINANCIAL REPORTS.
(a) Financial Operating Plans and Forecasts.--Before the beginning
of each fiscal year, the Secretary shall submit a copy of the financial
operating plans and forecasts for the Office to the Director of the
Office of Management and Budget.
(b) Reports of Operations.--As soon as practicable after the end of
each fiscal year and each quarter thereof, the Secretary shall submit a
copy of the report of the results of the operations of the Office during
such period to the Director of the Office of Management and Budget.
(c) Inclusion in President's Budget.--The annual plans, forecasts,
and reports required under this section shall be included: (1) in the
Budget of the United States in the appropriate form; and (2) in the
congressional justifications of the Department of Housing and Urban
Development for each fiscal year in a form determined by the Secretary.
SEC. 576. <<NOTE: 42 USC 1437f note.>> LIMITATION ON SUBSEQUENT
EMPLOYMENT.
Neither the Director nor any former officer or employee of the
Office who, while employed by the Office, was compensated at a rate in
excess of the lowest rate for a position classified higher than GS-15 of
the General Schedule under section 5107 of title 5, United States Code,
may, during the 2-year period beginning on the date of separation from
employment by the Office, accept compensation from any party (other than
a Federal agency) having any financial interest in any mortgage
restructuring and rental assistance sufficiency plan under subtitle A or
comparable matter in which the Director or such officer or employee had
direct participation or supervision.
[[Page 111 STAT. 1423]]
SEC. 577. <<NOTE: 42 USC 1437f note.>> AUDITS BY GAO.
The Comptroller General shall audit the operations of the Office in
accordance with generally accepted Government auditing standards. All
books, records, accounts, reports, files, and property belonging to, or
used by, the Office shall be made available to the Comptroller General.
Audits under this section shall be conducted annually for the first 2
fiscal years following the date of the enactment of this Act and as
appropriate thereafter.
SEC. 578. <<NOTE: 42 USC 1437f note.>> SUSPENSION OF PROGRAM BECAUSE OF
FAILURE TO APPOINT DIRECTOR.
(a) In General.--If, upon the expiration of the 12-month period
beginning on the date of the enactment of this Act, the initial
appointment to the office of Director has not been made, the
operation of the program under subtitle A shall immediately be suspended
and such provisions shall not have any force or effect during the period
that ends upon the making of such appointment.
(b) Interim applicability of demonstration program.--
Notwithstanding any other provision of law, during the period referred
to in subsection (a), the Secretary shall carry out sections 211 and 212
of the Departments of Veterans Affairs and Housing and Urban
Development, and Independent Agencies Appropriations Act, 1997. For
purposes of applying such sections pursuant to the authority under this
section, the term ``expiring contract'' shall have the meaning given in
such sections, except that such term shall also include any contract for
project-based assistance under section 8 of the United States Housing
Act of 1937 that expires during the period that the program is suspended
under subsection (a).
SEC. 579. <<NOTE: 42 USC 1437f note.>> TERMINATION.
(a) <<NOTE: Effective date.>> Repeal.--Subtitle A (except for
section 524) and subtitle D (except for this section) are repealed
effective October 1, 2001.
(b) Exception.--Notwithstanding the repeal under subsection (a), the
provisions of subtitle A (as in effect immediately before such repeal)
shall apply with respect to projects and programs for which binding
commitments have been entered into under this Act before October 1,
2001.
(c) Termination of Director and Office.--The Office of Multifamily
Housing Assistance Restructuring and the position of Director of such
Office shall terminate upon September 30, 2001.
(d) Transfer of Authority.--Effective upon the termination under
subsection (c), any authority and responsibilities assigned to the
Director that remain applicable after such date pursuant to subsection
(b) are transferred to the Secretary.
[[Page 111 STAT. 1424]]
This Act may be cited as the ``Departments of Veterans Affairs and
Housing and Urban Development, and Independent Agencies Appropriations
Act, 1998''.
Approved October 27, 1997.
LEGISLATIVE HISTORY--H.R. 2158 (S. 1034):
---------------------------------------------------------------------------
HOUSE REPORTS: Nos. 105-175 (Comm. on Appropriations) and 105-297 (Comm.
of Conference).
SENATE REPORTS: No. 105-53 accompanying S. 1034 (Comm. on
Appropriations).
CONGRESSIONAL RECORD, Vol. 143 (1997):
July 15, 16, considered and passed House.
July 22, considered and passed Senate, amended.
Oct. 8, House agreed to conference report.
Oct. 9, Senate agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 33 (1997):
Oct. 27, Presidential statement.
Nov. 1, President's special message on line item veto.
FEDERAL REGISTER, Vol. 62 (1997):
Nov. 4, Cancellation of items pursuant to the Line Item Veto
Act.
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