[106th Congress Public Law 74]
[From the U.S. Government Printing Office]
<DOC>
[DOCID: f:publ074.106]
[[Page 113 STAT. 1047]]
Public Law 106-74
106th Congress
An Act
Making appropriations for the Departments of Veterans Affairs and
Housing and Urban Development, and for sundry independent agencies,
boards, commissions, corporations, and offices for the fiscal year
ending September 30, 2000, and for other purposes. <<NOTE: Oct. 20,
1999 - [H.R. 2684]>>
Be it enacted by the Senate and House of Representatives of the
United States <<NOTE: Departments of Veterans Affairs and Housing and
Urban Development, Independent Agencies Appropriations Act, 2000.>> of
America in Congress assembled, That the following sums are appropriated,
out of any money in the Treasury not otherwise appropriated, for the
Departments of Veterans Affairs and Housing and Urban Development, and
for sundry independent agencies, boards, commissions, corporations, and
offices for the fiscal year ending September 30, 2000, 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), $21,568,364,000, to remain available
until expended: Provided, That not to exceed $17,932,000 of the amount
appropriated shall be reimbursed to ``General operating expenses'' and
``Medical care'' for necessary expenses in implementing those provisions
authorized in the Omnibus Budget Reconciliation Act of 1990, and in the
Veterans' Benefits Act of 1992 (38 U.S.C. chapters 51, 53, and 55), the
funding source for which is specifically provided as the ``Compensation
and pensions'' appropriation: Provided further, That such sums as may be
earned on an actual qualifying patient basis, shall be reimbursed to
``Medical facilities revolving fund'' to augment the funding of
individual medical facilities for nursing home care provided to
pensioners as authorized.
[[Page 113 STAT. 1048]]
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, $1,469,000,000, 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, $28,670,000, 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 2000, within the resources available, not to exceed
$300,000 in gross obligations for direct loans are authorized for
specially adapted housing loans.
In addition, for administrative expenses to carry out the direct and
guaranteed loan programs, $156,958,000, 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, $214,000, which may be transferred to and merged
with the appropriation for ``General operating expenses''.
vocational rehabilitation loans program account
(including transfer of funds)
For the cost of direct loans, $57,000, 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 $2,531,000.
[[Page 113 STAT. 1049]]
In addition, for administrative expenses necessary to carry out the
direct loan program, $415,000, 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, $520,000,
which may be transferred to and merged with the appropriation for
``General operating expenses''.
guaranteed transitional housing loans for homeless veterans program
account
(including transfer of funds)
For the cost, as defined in section 13201 of the Budget Enforcement
Act of 1990, including the cost of modifying loans, of guaranteed loans
as authorized by 38 U.S.C. chapter 37 subchapter VI, $48,250,000, to
remain available until expended: Provided, That no more than five loans
may be guaranteed under this program prior to November 11, 2001:
Provided further, That no more than 15 loans may be guaranteed under
this program: Provided further, That the total principal amount of loans
guaranteed under this program may not exceed $100,000,000: Provided
further, That not to exceed $750,000 of the amounts appropriated by this
Act for ``General operating expenses'' and ``Medical care'' may be
expended for the administrative expenses to carry out the guaranteed
loan program authorized by 38 U.S.C. chapter 37, subchapter VI.
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
[[Page 113 STAT. 1050]]
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), $19,006,000,000, plus
reimbursements: Provided, That of the funds made available under this
heading, $900,000,000 is for the equipment and land and structures
object classifications only, which amount shall not become available for
obligation until August 1, 2000, and shall remain available until
September 30, 2001: Provided further, That of the funds made available
under this heading, not to exceed $900,000,000 shall be available until
September 30, 2001: Provided further, That of the funds made available
under this heading, not to exceed $27,907,000 may be transferred to and
merged with the appropriation for ``General operating expenses'':
Provided further, That <<NOTE: Contracts.>> the department shall
conduct by contract a program of recovery audits for the fee basis and
other medical services contracts with respect to payments for hospital
care; and, notwithstanding 31 U.S.C. 3302(b), amounts collected, by
setoff or otherwise, as the result of such audits shall be available,
without fiscal year limitation, for the purposes for which funds are
appropriated under this heading and the purposes of paying a contractor
a percent of the amount collected as a result of an audit carried out by
the contractor: Provided further, That all amounts so collected under
the preceding proviso with respect to a designated health care region
(as that term is defined in 38 U.S.C. 1729A(d)(2)) shall be allocated,
net of payments to the contractor, to that region.
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, 2001, $321,000,000, 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
capital policy activities, $59,703,000 plus reimbursements: Provided,
That project technical and consulting services offered by the Facilities
Management Service Delivery Office, including technical consulting
services, project management, real property administration (including
leases, site acquisition and disposal activities directly supporting
projects), shall be provided to Department of Veterans Affairs
components only on a reimbursable basis, and such amounts will remain
available until September 30, 2000.
[[Page 113 STAT. 1051]]
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 overseas
employee mail, $912,594,000: Provided, That of the funds made available
under this heading, not to exceed $45,600,000 shall be available until
September 30, 2001: Provided further, That funds under this heading
shall be available to administer the Service Members Occupational
Conversion and Training Act.
national cemetery administration
(including transfer of funds)
For necessary expenses for the maintenance and operation of the
National Cemetery Administration, not otherwise provided for, including
uniforms or allowances therefor; cemeterial expenses as authorized by
law; purchase of two passenger motor vehicles for use in cemeterial
operations; and hire of passenger motor vehicles, $97,256,000: Provided,
That of the amount made available under this heading, not to exceed
$117,000 may be transferred to and merged with the appropriation for
``General operating expenses''.
office of inspector general
(including transfer of funds)
For necessary expenses of the Office of Inspector General in
carrying out the Inspector General Act of 1978, as amended, $43,200,000:
Provided, That of the amount made available under this heading, not to
exceed $30,000 may be transferred to and merged with the appropriation
for ``General operating expenses''.
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
[[Page 113 STAT. 1052]]
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, $65,140,000, to
remain available until expended: Provided, That except for advance
planning of projects (including market-based assessments of health care
needs which may or may not lead to capital investments) funded through
the advance planning fund and the design of projects funded through the
design fund, none of these funds shall be used for any project which has
not been considered and approved by the Congress in the budgetary
process: Provided further, That <<NOTE: Contracts. Deadlines.>> funds
provided in this appropriation for fiscal year 2000, for each approved
project shall be obligated: (1) by the awarding of a construction
documents contract by September 30, 2000; and (2) by the awarding of a
construction contract by September 30, 2001: Provided further,
That <<NOTE: Reports.>> 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 in this account until 1 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, $160,000,000, to remain available until expended, along
with unobligated balances of previous ``Construction, minor projects''
appropriations which are hereby made available for any project where the
estimated cost is less than $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,
[[Page 113 STAT. 1053]]
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,
$90,000,000, to remain available until expended.
grants for the construction of state veterans cemeteries
For grants to aid States in establishing, expanding, or improving
State veteran cemeteries as authorized by 38 U.S.C. 2408, $25,000,000,
to remain available until expended.
administrative provisions
(including transfer of funds)
Sec. 101. Any appropriation for fiscal year 2000 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 2000 for salaries and expenses shall be
available for services authorized by 5 U.S.C. 3109.
Sec. 103. No appropriations in this Act for the Department of
Veterans Affairs (except the appropriations for ``Construction, major
projects'', ``Construction, minor projects'', and the ``Parking
revolving fund'') shall be available for the purchase of any site for or
toward the construction of any new hospital or home.
Sec. 104. No appropriations in this Act for the Department of
Veterans Affairs shall be available for hospitalization or examination
of any persons (except beneficiaries entitled under the laws bestowing
such benefits to veterans, and persons receiving such treatment under 5
U.S.C. 7901-7904 or 42 U.S.C. 5141-5204), unless reimbursement of cost
is made to the ``Medical care'' account at such rates as may be fixed by
the Secretary of Veterans Affairs.
Sec. 105. Appropriations available to the Department of
Veterans Affairs for fiscal year 2000 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 1999.
Sec. 106. Appropriations accounts available to the Department of
Veterans Affairs for fiscal year 2000 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 2000, 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
[[Page 113 STAT. 1054]]
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
2000, 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 2000, 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. (a) In General.--The Congress supports efforts to
implement improvements in health care services for veterans in rural
areas.
(b) Report Required.--(1) <<NOTE: Deadline.>> Not later than 6
months after the date of the enactment of this Act, the Secretary of
Veterans Affairs shall submit to the Committees on Veterans' Affairs of
the Senate and the House of Representatives a report on the impact of
the allocation of funds under the Veterans Equitable Resource Allocation
(VERA) funding formula on the rural subregions of the health care system
administered by the Veterans Health Administration.
(2) The report shall include the following:
(A) An assessment of impact of the allocation of funds under
the VERA formula on--
(i) travel times to veterans health care in rural
areas;
(ii) waiting periods for appointments for veterans
health care in rural areas;
(iii) the cost associated with additional community-
based outpatient clinics;
(iv) transportation costs; and
(v) the unique challenges that Department of
Veterans Affairs medical centers in rural, low-
population subregions face in attempting to increase
efficiency without large economies of scale.
(B) The recommendations of the Secretary, if any, on how
rural veterans' access to health care services might be
enhanced.
Sec. 109. The Secretary of Veterans Affairs may carry out a major
medical facility project to renovate and construct facilities at the
Olin E. Teague Department of Veterans Affairs Medical Center, Temple,
Texas, for a joint venture Cardiovascular Institute, in an amount not to
exceed $11,500,000. In order to carry out that project, the amount of
$11,500,000 appropriated for fiscal year 1998 and programmed for the
renovation of Building 9 at the Waco, Texas, Department of Veterans
Affairs Medical Center is hereby made available for that project.
Sec. 110. <<NOTE: Certification. Public information.>>
Notwithstanding any other provision of this Act, none of the funds
appropriated or otherwise made available in this Act for the Medical
Care appropriation of the Department of Veterans Affairs may be
obligated for the realignment of the health care delivery system in VISN
12 until 60 days after the Secretary of Veterans Affairs certifies that
the department has: (1) consulted with veterans organizations, medical
school affiliates, employee representatives, State veterans and health
associations,
[[Page 113 STAT. 1055]]
and other interested parties with respect to the realignment plan to be
implemented; and (2) made available to the Congress and the public
information from the consultations regarding possible impacts on the
accessibility of veterans health care services to affected veterans.
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,
$11,376,695,000 and amounts that are recaptured in this account, and
recaptured under the appropriation for ``Annual contributions for
assisted housing'', to remain available until expended: Provided, That
of the total amount provided under this heading, $10,990,135,000, of
which $6,790,135,000 shall be available on October 1, 1999 and
$4,200,000,000 shall be available on October 1, 2000, shall be for
assistance under the United States Housing Act of 1937 (``the Act''
herein) (42 U.S.C. 1437) for use in connection with expiring or
terminating section 8 subsidy contracts, for amendments to section 8
subsidy contracts, for enhanced vouchers (including amendments and
renewals) under any provision of law authorizing such assistance under
section 8(t) of the United States Housing Act of 1937 (47 U.S.C.
1437f(t)), as added by section 538 of title V of this Act, and contracts
entered into pursuant to section 441 of the Stewart B. McKinney Homeless
Assistance Act: Provided further, That amounts available under the first
proviso under this heading may be available for section 8 rental
assistance under the United States Housing Act of 1937: (1) to relocate
residents of properties: (A) that are owned by the Secretary and being
disposed of; or (B) that are discontinuing section 8 project-based
assistance; (2) for relocation and replacement housing for units that
are demolished or disposed of: (A) from the public housing inventory (in
addition to amounts that may be available for such purposes under this
and other headings); or (B) pursuant to section 24 of the United States
Housing Act of 1937 or to other authority for the revitalization of
severely distressed public housing, as set forth in the Appropriations
Acts for the Departments of Veterans Affairs and Housing and Urban
Development, and Independent Agencies for fiscal years 1993, 1994, 1995,
and 1997, and in the Omnibus Consolidated Rescissions and Appropriations
Act of 1996; (3) for the conversion of section 23 projects to assistance
under section 8; (4) for funds to carry out the family unification
program; (5) 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; and (6) for the 1-year
renewal of section 8 contracts for units in a project that is subject to
an approved plan of action under the Emergency
[[Page 113 STAT. 1056]]
Low Income Housing Preservation Act of 1987 or the Low-Income Housing
Preservation and Resident Homeownership Act of 1990: Provided further,
That of the total amount provided under this heading, $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 amounts
available under this heading may be made available for administrative
fees and other expenses to cover the cost of administering rental
assistance programs under section 8 of the United States Housing Act of
1937: Provided further, That <<NOTE: 42 USC 1437f note.>> the fee
otherwise authorized under section 8(q) of such Act shall be determined
in accordance with section 8(q), as in effect immediately before the
enactment of the Quality Housing and Work Responsibility Act of 1998:
Provided further, That all balances for the section 8 rental assistance,
section 8 counseling, section 8 new construction, section 8 substantial
rehabilitation, relocation/replacement/demolition, section 23
conversions, rental and disaster vouchers, loan management set-aside,
section 514 technical assistance, and other programs previously funded
within the ``Annual Contributions'' account shall be transferred to this
account, to be available for the purposes for which they were originally
appropriated: Provided further, That all balances in the ``Section 8
Reserve Preservation'' account shall be transferred to this account, to
be available for the purposes for which they were originally
appropriated: Provided further, That the unexpended amounts previously
appropriated for special purpose grants within the ``Annual
Contributions for Assisted Housing'' account shall be recaptured and
transferred to this account, to be available for assistance under the
Act for use in connection with expiring or terminating section 8 subsidy
contracts: Provided further, That of the amounts previously appropriated
for property disposition within the ``Annual Contributions for Assisted
Housing'' account, up to $79,000,000 shall be transferred to this
account, to be available for assistance under the Act for use in
connection with expiring or terminating section 8 subsidy contracts:
Provided further, That of the unexpended amounts previously appropriated
for carrying out the Low-Income Housing Preservation and Resident
Homeownership Act of 1990 and the Emergency Low Income Housing
Preservation Act of 1987, other than amounts made available for rental
assistance, within the ``Annual Contributions for Assisted Housing'' and
``Preserving Existing Housing Investments'' accounts, shall be
recaptured and transferred to this account, to be available for
assistance under the Act for use in connection with expiring or
terminating section 8 subsidy contracts: Provided further, That of the
total amount provided under this heading, $346,560,000 shall be made
available for incremental vouchers under section 8 of the United States
Housing Act of 1937 on a fair share basis and administered by public
housing agencies: Provided further, That of the balances remaining from
funds appropriated under this heading or the heading ``Annual
Contributions for Assisted Housing'' during fiscal year 2000 and prior
years, $2,243,000,000 is rescinded: Provided further, That of the amount
[[Page 113 STAT. 1057]]
rescinded under the previous proviso, $1,300,000,000 shall be from
amounts recaptured and the Secretary shall have discretion to specify
the amounts to be rescinded from each of the foregoing accounts,
$505,000,000 shall be from unobligated balances, and $438,000,000 shall
be from amounts that were appropriated in fiscal year 1999 and prior
years for section 8 assistance including assistance to relocate
residents of properties that are owned by the Secretary and being
disposed of or that are discontinuing section 8 project-based
assistance, for relocation and replacement housing for units that are
demolished or disposed of from the public housing inventory, and 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).
public housing capital fund
(including transfers of funds)
For the Public Housing Capital Fund Program to carry out capital and
management activities for public housing agencies, as authorized under
section 9 of the United States Housing Act of 1937, as amended (42
U.S.C. 1437), $2,900,000,000, to remain available until expended:
Provided, That of the total amount, up to $75,000,000 shall be for
carrying out activities under section 9(h) of such Act, and for lease
adjustments to section 23 projects: Provided further, That no funds may
be used under this heading for the purposes specified in section 9(k) of
the United States Housing Act of 1937: Provided further,
That <<NOTE: Grants.>> of the total amount, up to $75,000,000 shall be
available for the Secretary of Housing and Urban Development to make
grants to public housing agencies for emergency capital needs resulting
from emergencies and natural disasters in fiscal year 2000: Provided
further, That all balances for debt service for Public and Indian
Housing and Public and Indian Housing Grants previously funded within
the ``Annual Contributions for Assisted Housing'' account shall be
transferred to this account, to be available for the purposes for which
they were originally appropriated.
public housing operating fund
(including transfers of funds)
For payments to public housing agencies for the operation and
management of public housing, as authorized by section 9(e) of the
United States Housing Act of 1937, as amended (42 U.S.C. 1437g),
$3,138,000,000, to remain available until expended: Provided, That no
funds may be used under this heading for the purposes specified in
section 9(k) of the United States Housing Act of 1937.
drug elimination grants for low-income housing
For grants to public housing agencies and Indian tribes and their
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
[[Page 113 STAT. 1058]]
services authorized by 42 U.S.C. 11921-11925, $310,000,000, to remain
available until expended: Provided, That of the total amount provided
under this heading, up to $4,500,000 shall be solely for technical
assistance, technical assistance grants, training, and program
assessment for or on behalf of public housing agencies, resident
organizations, and Indian tribes and their tribally designated housing
entities (including up to $150,000 for the cost of necessary travel for
participants in such training): Provided further, That of the amount
provided under this heading, $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: Provided
further, That of the amount under this heading, $10,000,000 shall be
provided to the Office of Inspector General for Operation Safe Home:
Provided further, That of the amount under this heading, $20,000,000
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 further, 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.
revitalization of severely distressed public housing (hope vi)
For grants to public housing agencies for demolition, site
revitalization, replacement housing, and tenant-based assistance grants
to projects as authorized by section 24 of the United States Housing Act
of 1937, $575,000,000 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 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 <<NOTE: Contracts.>> herein: Provided further, That of the
amount provided under this heading, $1,200,000 shall be contracted
through the Secretary to be used by the Urban Institute to conduct an
independent study on the long-term effects of the HOPE VI program on
former residents of distressed public housing developments.
[[Page 113 STAT. 1059]]
native american housing block grants
(including transfer 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 (NAHASDA) (Public Law 104-330), $620,000,000,
to remain available until expended, of which $2,000,000 shall be
contracted through the Secretary as technical assistance and capacity
building to be used by the National American Indian Housing Council in
support of the implementation of NAHASDA and up to $4,000,000 by the
Secretary 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, $6,000,000 shall be made available for the cost of
guaranteed notes and other obligations, as authorized by title VI of
NAHASDA: 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 $54,600,000: Provided further, That
for administrative expenses to carry out the guaranteed loan program, up
to $200,000 from amounts in the first proviso, which shall be
transferred to and merged with the appropriation for ``Salaries and
expenses'', to be used only for the administrative costs of these
guarantees.
indian housing loan guarantee fund program account
(including transfer of funds)
For the cost of guaranteed loans, as authorized by section 184 of
the Housing and Community Development Act of 1992 (106 Stat. 3739),
$6,000,000, 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
$71,956,000.
In addition, for administrative expenses to carry out the guaranteed
loan program, up to $150,000 from amounts in the first paragraph, which
shall be transferred to and merged with the appropriation for ``Salaries
and expenses'', to be used only for the administrative costs of these
guarantees.
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), $232,000,000, to remain available until expended: Provided, That
the Secretary may use up to 0.75 percent of the funds under this heading
for technical assistance.
[[Page 113 STAT. 1060]]
rural housing and economic development
For the Office of Rural Housing and Economic Development in the
Department of Housing and Urban Development, $25,000,000, to remain
available until expended: Provided, That of the amount under this
heading, up to $3,000,000 shall be used to develop capacity at the State
and local level for developing rural housing and for rural economic
development and for maintaining a clearinghouse of ideas for innovative
strategies for rural housing and economic development and
revitalization: Provided further, That <<NOTE: Deadline.>> of the
amount under this heading, at least $22,000,000 shall be awarded by June
1, 2000 to Indian tribes, State housing finance agencies, State
community and/or economic development agencies, local rural nonprofits
and community development corporations to support innovative housing and
economic development activities in rural areas: Provided further, That
all grants shall be awarded on a competitive basis as specified in
section 102 of the HUD Reform Act.
america's private investment companies program account
(including transfer of funds)
For the cost of guaranteed loans under the America's Private
Investment Companies Program, $20,000,000, to remain available until
September 30, 2002: Provided, That such costs, including the cost of
modifying 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
guaranteed, not to exceed $541,000,000: Provided further, That the funds
appropriated under this heading shall not be available for obligation
until the America's Private Investment Companies Program is authorized
by subsequent legislation and the program is developed subject to notice
and comment rulemaking: Provided further, That if the authorizing
legislation is not enacted by June 30, <<NOTE: Deadline.>> 2000, all
funds under this heading shall be transferred to and merged with the
appropriation for the ``Community development financial institutions
fund program account'' to be available for use as grants and loans under
that account.
urban empowerment zones
For grants in connection with a second round of the empowerment
zones program in urban areas, designated by the Secretary of Housing and
Urban Development in fiscal year 1999 pursuant to the Taxpayer Relief
Act of 1997, $55,000,000 to the Secretary of Housing and Urban
Development for ``Urban Empowerment Zones'', including $3,666,000 for
each empowerment zone for use in conjunction with economic development
activities consistent with the strategic plan of each empowerment zone,
to remain available until expended.
rural empowerment zones
For grants for the rural empowerment zone and enterprise communities
programs, as designated by the Secretary of Agriculture, $15,000,000 to
the Secretary of Agriculture for grants for designated empowerment zones
in rural areas and for grants for
[[Page 113 STAT. 1061]]
designated rural enterprise communities, to remain available until
expended.
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), $4,800,000,000, to remain available until September 30,
2002: Provided, That $67,000,000 shall be for grants to Indian tribes
notwithstanding section 106(a)(1) of such Act, $3,000,000 shall be
available as a grant to the Housing Assistance Council, $2,200,000 shall
be available as a grant to the National American Indian Housing Council,
and $41,500,000 shall be for grants pursuant to section 107 of the Act
including $2,000,000 to support Alaska Native serving institutions and
native Hawaiian serving institutions, as defined under the Higher
Education Act, as amended: Provided further, That $20,000,000 shall be
for grants pursuant to the Self Help Housing Opportunity Program:
Provided further, That not to exceed 20 percent of any grant made with
funds appropriated herein (other than a grant made available in this
paragraph to the Housing Assistance Council or the National American
Indian Housing Council, or a grant using funds under section 107(b)(3)
of the Housing and Community Development Act of 1974, as amended) shall
be expended for ``Planning and Management Development'' and
``Administration'' as defined in regulations promulgated by the
department: Provided further, That all balances for the Economic
Development Initiative grants program, the John Heinz Neighborhood
Development program, grants to Self Help Housing Opportunity program,
and the Moving to Work Demonstration program previously funded within
the ``Annual Contributions for Assisted Housing'' account shall be
transferred to this account, to be available for the purposes for which
they were originally appropriated.
Of the amount made available under this heading, $23,750,000 shall
be made available for capacity building, of which $20,000,000 shall be
made available for ``Capacity Building for Community Development and
Affordable Housing'', for LISC and the Enterprise Foundation for
activities 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 $4,000,000 of the funding to be used in rural
areas, including tribal areas, and of which $3,750,000 shall be made
available to Habitat for Humanity International.
Of the amount made available under this heading, the Secretary of
Housing and Urban Development may use up to $55,000,000 for supportive
services for public housing residents, as authorized by section 34 of
the United States Housing Act of 1937, as amended, and for grants for
service coordinators and congregate services for the elderly and
disabled residents of public and assisted housing: Provided further,
That amounts made available for congregate services and service
coordinators for the elderly and disabled under this heading and in
prior fiscal years may be used by grantees
[[Page 113 STAT. 1062]]
to reimburse themselves for costs incurred in connection with providing
service coordinators previously advanced by grantees out of other funds
due to delays in the granting by or receipt of funds from the Secretary,
and the funds so made available to grantees for congregate services or
service coordinators under this heading or in prior years shall be
considered as expended by the grantees upon such reimbursement. The
Secretary shall not condition the availability of funding made available
under this heading or in prior years for congregate services or service
coordinators upon any grantee's obligation or expenditure of any prior
funding.
Of the amount made available under this heading, $30,000,000 shall
be available for neighborhood initiatives that are utilized to improve
the conditions of distressed and blighted areas and neighborhoods, to
stimulate investment, economic diversification, and community
revitalization in areas with population outmigration or a stagnating or
declining economic base, or to determine whether housing benefits can be
integrated more effectively with welfare reform initiatives: Provided,
that any unobligated balances of amounts set aside for neighborhood
initiatives in fiscal years 1998 and 1999 may be utilized for any of the
foregoing purposes: Provided further, That of the amount set aside for
fiscal year 2000 under this paragraph, $23,000,000 shall be used for
grants specified in the statement of the managers of the committee of
conference accompanying this Act.
Of the amount made available under this heading, notwithstanding any
other provision of law, $42,500,000 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: Provided, That local YouthBuild programs
that demonstrate an ability to leverage private and nonprofit funding
shall be given a priority for YouthBuild funding: Provided further, That
of the amount provided under this paragraph, $2,500,000 shall be set
aside and made available for a grant to Youthbuild USA for capacity
building for community development and affordable housing activities as
specified in section 4 of the HUD Demonstration Act of 1993, as amended.
Of the amount made available under this heading, $275,000,000 shall
be available for grants for the Economic Development Initiative (EDI) to
finance a variety of economic development efforts, including
$240,000,000 for making individual grants for targeted economic
investments in accordance with the terms and conditions specified for
such grants in the statement of the managers of the committee of
conference accompanying this Act.
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: Provided further, That in
addition, for administrative expenses to carry out the guaranteed loan
program,
[[Page 113 STAT. 1063]]
$1,000,000, which shall be transferred to and merged with the
appropriation for ``Salaries and expenses''.
The Secretary is directed to transfer the administration of the
small cities component of the Community Development Block Grant Program
for the funds allocated for the State of New York under section 106(d)
of the Housing and Community Development Act of 1974 for fiscal year
2000 and all fiscal years thereafter to the State of New York to be
administered by the Governor of New York.
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.
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, $1,600,000,000, to remain available
until expended: Provided, That up to $15,000,000 of these funds shall be
available for Housing Counseling under section 106 of the Housing and
Urban Development Act of 1968: Provided further, That
$2,000,000 <<NOTE: Grants.>> of these funds shall be made available as
a grant to the National Housing Development Corporation for a program of
housing acquisition and rehabilitation: Provided further, That all
Housing Counseling program balances previously appropriated in the
``Housing Counseling Assistance'' account shall be transferred to this
account, to be available for the purposes for which they were originally
appropriated.
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), $1,020,000,000, to remain available
until expended: Provided, That not less than 30 percent of these funds
shall be used for permanent housing, and all funding for services must
be matched by 25 percent in funding by each grantee: Provided further,
That the Secretary of Housing and Urban Development shall conduct a
review of any balances of amounts provided under this heading in any
previous appropriations Acts that have been obligated but remain
unexpended and shall deobligate any such amounts that the Secretary
determines were obligated for contracts that are unlikely to be
performed and award such amounts during this fiscal year: Provided
further, That up to 1 percent of the funds appropriated under
[[Page 113 STAT. 1064]]
this heading may be used for technical assistance: Provided further,
That all balances previously appropriated in the ``Emergency Shelter
Grants'', ``Supportive Housing'', ``Supplemental Assistance for
Facilities to Assist the Homeless'', ``Shelter Plus Care'', ``Section 8
Moderate Rehabilitation Single Room Occupancy'', and ``Innovative
Homeless Initiatives Demonstration'' accounts shall be transferred to
and merged with this account, to be available for any authorized purpose
under this heading.
Housing Programs
housing for special populations
For assistance for the purchase, construction, acquisition, or
development of additional public and subsidized housing units for low
income families not otherwise provided for, $911,000,000, to remain
available until expended: Provided, That <<NOTE: Grants.>> $710,000,000
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 such section 202(c)(2), and for supportive services
associated with the housing of which amount $50,000,000 shall be for
service coordinators and continuation of existing congregate services
grants for residents of assisted housing projects, and of which amount
$50,000,000 shall be for grants for conversion of existing section 202
projects, or portions thereof, to assisted living or related use,
consistent with the relevant provision of title V of this Act: Provided
further, That of the amount under this heading, $201,000,000 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 5 years in duration: Provided further, That the Secretary may waive
any provision of such section 202 and such section 811 (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.
flexible subsidy fund
(transfer of funds)
From the Rental Housing Assistance Fund, all uncommitted balances of
excess rental charges as of September 30, 1999, and any collections made
during fiscal year 2000, shall be transferred
[[Page 113 STAT. 1065]]
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 2000, 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 $140,000,000,000.
During fiscal year 2000, obligations to make direct loans to carry
out the purposes of section 204(g) of the National Housing Act, as
amended, shall not exceed $100,000,000: 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, $330,888,000, of which not to exceed
$324,866,000 shall be transferred to the appropriation for ``Salaries
and expenses''; not to exceed $4,022,000 shall be transferred to the
appropriation for the Office of Inspector General. In addition, for
administrative contract expenses, $160,000,000: Provided, That to the
extent guaranteed loan commitments exceed $49,664,000,000 on or before
April 1, 2000, an additional $1,400 for administrative contract expenses
shall be available for each $1,000,000 in additional guaranteed loan
commitments (including a pro rata amount for any amount below
$1,000,000), but in no case shall funds made available by this proviso
exceed $16,000,000.
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),
$153,000,000, including not to exceed $153,000,000 from unobligated
balances previously appropriated under this heading, 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
$18,100,000,000: 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, and 519(a) of the National
Housing Act, shall not exceed $50,000,000; of which not to exceed
[[Page 113 STAT. 1066]]
$30,000,000 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, $211,455,000 (including not to
exceed $147,000,000 from unobligated balances previously appropriated
under this heading), of which $193,134,000, shall be transferred to the
appropriation for ``Salaries and expenses''; and of which $18,321,000
shall be transferred to the appropriation for the Office of Inspector
General. In addition, for administrative contract expenses necessary to
carry out the guaranteed and direct loan programs, $144,000,000:
Provided, That to the extent guaranteed loan commitments exceed
$7,263,000,000 on or before April 1, 2000, an additional $19,800 for
administrative contract expenses shall be available for each $1,000,000
in additional guaranteed loan commitments over $7,263,000,000 (including
a pro rata amount for any increment below $1,000,000), but in no case
shall funds made available by this proviso exceed $14,400,000.
Government National Mortgage Association
guarantees of mortgage-backed securities loan guarantee program account
(including transfer of funds)
During fiscal year 2000, 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 $200,000,000,000.
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 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, $45,000,000, to remain
available until September 30, 2001: Provided, That of the amount
provided under this heading, $10,000,000 shall be for the Partnership
for Advancing Technology in Housing (PATH) Initiative and $500,000 shall
be for a commission established in section 525 of title V of this Act.
[[Page 113 STAT. 1067]]
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,
$44,000,000, to remain available until September 30, 2001, of which
$24,000,000 shall be to carry out activities pursuant to such section
561: Provided, That 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.
Office of Lead Hazard Control
lead hazard reduction
(including transfer of funds)
For the Lead Hazard Reduction Program, as authorized by sections
1011 and 1053 of the Residential Lead-Based Hazard Reduction Act of
1992, $80,000,000 to remain available until expended, of which
$1,000,000 shall be for CLEARCorps and $10,000,000 shall be for a
Healthy Homes Initiative, which shall be a program pursuant to sections
501 and 502 of the Housing and Urban Development Act of 1970 that shall
include research, studies, testing, and demonstration efforts, including
education and outreach concerning lead-based paint poisoning and other
housing-related environmental diseases and hazards: Provided, That all
balances for the Lead Hazard Reduction Programs previously funded in the
Annual Contributions for Assisted Housing and Community Development
Block Grant accounts shall be transferred to this account, to be
available for the purposes for which they were originally appropriated.
Management and Administration
salaries and expenses
(including transfers of funds)
For necessary administrative and non-administrative expenses of the
Department of Housing and Urban Development, not otherwise provided for,
including not to exceed $7,000 for official reception and representation
expenses, $1,005,733,000, of which $518,000,000 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, $1,000,000 shall be provided from the ``Community
development block grants program'' account, $150,000 shall be provided
by transfer from the ``Title VI indian federal guarantees program''
account, and $200,000 shall be provided by transfer from the ``Indian
housing loan guarantee fund program'' account: Provided, That the
Secretary is prohibited from using any funds under this heading or any
other heading in this Act from employing more than 77 schedule C and 20
noncareer Senior Executive Service employees: Provided further, That the
Secretary is prohibited from using funds under
[[Page 113 STAT. 1068]]
this heading or any other heading in this Act to employ more than 9,300
employees: Provided further, That the Secretary is prohibited from using
funds under this heading or any other heading in this Act to convert any
external community builders to career employees, and after September 1,
2000 to employ any external community builders: Provided further, That
the Secretary is prohibited from using funds under this heading or any
other heading in this Act to employ more than 14 employees in the Office
of Public Affairs: Provided further, That of the amount made available
under this heading, $2,000,000 shall be for the Millennial Housing
Commission as established under section 206.
office of inspector general
(including transfer of funds)
For necessary expenses of the Office of Inspector General in
carrying out the Inspector General Act of 1978, as amended, $83,000,000,
of which $22,343,000 shall be provided from the various funds of the
Federal Housing Administration and $10,000,000 shall be provided from
the amount earmarked for Operation Safe Home in the appropriation for
``Drug elimination grants for low-income housing'': Provided, That the
Inspector General shall have independent authority over all personnel
issues within the Office of Inspector General.
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, including not to exceed $500 for official
reception and representation expenses, $19,493,000, 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
financing adjustment factors
Sec. 201. 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
[[Page 113 STAT. 1069]]
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.
fair housing and free speech
Sec. 202. None of the amounts made available under this Act may be
used during fiscal year 2000 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.
housing opportunities for persons with aids grants
Sec. 203. Section 207 of the Departments of Veterans Affairs and
Housing and Urban Development, and Independent Agencies Appropriations
Act, 1999, <<NOTE: 112 Stat. 2484.>> is amended by striking wherever it
occurs ``fiscal year 1999'' and inserting ``fiscal years 1999 and
2000''.
reprogramming
Sec. 204. Of <<NOTE: Grants. California.>> the amounts made
available under the sixth undesignated paragraph under the heading
``Community Planning and Development--community development block
grants'' in title II of the Departments of Veterans Affairs and Housing
and Urban Development, and Independent Agencies Appropriations Act, 1999
(Public Law 105-276; 112 Stat. 2477) for the Economic Development
Initiative (EDI) for grants for targeted economic investments, the
$1,000,000 to be made available (pursuant to the related provisions of
the joint explanatory statement in the conference report to accompany
such Act (House Report No. 105-769, 105th Congress, 2d session)) to the
City of Redlands, California, for the redevelopment initiatives near the
historic Fox Theater shall, notwithstanding such provisions, be made
available to such city for the following purposes:
(1) $700,000 shall be for renovation of the City of Redlands
Fire Station No. 1;
(2) $200,000 shall be for renovation of the Mission Gables
House at the Redlands Bowl historic outdoor amphitheater; and
(3) $100,000 shall be for the preservation of historic
Hillside Cemetery.
adjustments to income eligibility for unusually high or low families
incomes in assisted housing
Sec. 205. Section 16 of the United States Housing Act of 1937
is <<NOTE: 42 USC 1437n.>> amended--
(1) in subsection (a)(2)(A), by inserting before the period
the following: ``; except that the Secretary may establish
income ceilings higher or lower than 30 percent of the area
median income on the basis of the Secretary's findings that such
variations are necessary because of unusually high or low family
incomes''; and
[[Page 113 STAT. 1070]]
(2) in subsection (c)(3), by inserting before the period the
following: ``; except that the Secretary may establish income
ceilings higher or lower than 30 percent of the area median
income on the basis of the Secretary's findings that such
variations are necessary because of unusually high or low family
incomes''.
millennial housing commission
Sec. 206. (a) <<NOTE: 42 USC 12701 note.>> Establishment.--There is
hereby established a commission to be known as the Millennial Housing
Commission (in this section referred to as the ``Commission'').
(b) Study.--The duty of the Commission shall be to conduct a study
that examines, analyzes, and explores--
(1) the importance of housing, particularly affordable
housing which includes housing for the elderly, to the
infrastructure of the United States;
(2) the various possible methods for increasing the role of
the private sector in providing affordable housing in the United
States, including the effectiveness and efficiency of such
methods; and
(3) whether the existing programs of the Department of
Housing and Urban Development work in conjunction with one
another to provide better housing opportunities for families,
neighborhoods, and communities, and how such programs can be
improved with respect to such purpose.
(c) Membership.--
(1) Number <<NOTE: Deadline.>> and Appointment.--The
Commission shall be composed of 22 members, appointed not later
than January 1, 2000, as follows:
(A) Two co-chairpersons appointed by--
(i) one co-chairperson appointed by a
committee consisting of the chairmen of the
Subcommittees on the Departments of Veterans
Affairs and Housing and Urban Development, and
Independent Agencies of the Committees on
Appropriations of the House of Representatives and
the Senate, and the chairman of the Subcommittee
on Housing and Community Opportunities of the
House of Representatives and the chairman of the
Subcommittee on Housing and Transportation of the
Senate; and
(ii) one co-chairperson appointed by a
committee consisting of the ranking minority
members of the Subcommittees on the Departments of
Veterans Affairs and Housing and Urban
Development, and Independent Agencies of the
Committees on Appropriations of the House of
Representatives and the Senate, and the ranking
minority member of the Subcommittee on Housing and
Community Opportunities of the House of
Representatives and the ranking minority member of
the Subcommittee on Housing and Transportation of
the Senate.
(B) Ten members appointed by the Chairman and
Ranking Minority Member of the Committee on
Appropriations of the House of Representatives and the
Chairman and Ranking Minority Member of the Committee on
Banking and Financial Services of the House of
Representatives.
[[Page 113 STAT. 1071]]
(C) Ten members appointed by the Chairman and
Ranking Minority Member of the Committee on
Appropriations of the Senate and the Chairman and
Ranking Minority Member of the Committee on Banking,
Housing, and Urban Affairs of the Senate.
(2) Qualifications.--Appointees should have proven expertise
in directing, assemblying, or applying capital resources from a
variety of sources to the successful development of affordable
housing or the revitalization of communities, including economic
and job development.
(3) Vacancies.--Any vacancy on the Commission shall not
affect its powers and shall be filled in the manner in which the
original appointment was made.
(4) Chairpersons.--The members appointed pursuant to
paragraph (1)(A) shall serve as co-chairpersons of the
Commission.
(5) Prohibition of pay.--Members of the Commission shall
serve without pay.
(6) Travel expenses.--Each member of the Commission shall
receive travel expenses, including per diem in lieu of
subsistence, in accordance with sections 5702 and 5703 of title
5, United States Code.
(7) Quorum.--A majority of the members of the Commission
shall constitute a quorum but a lesser number may hold hearings.
(8) Meetings.--The Commission shall meet at the call of the
Chairpersons.
(d) Director and Staff.--
(1) Director.--The Commission shall have a Director who
shall be appointed by the Chairperson. The Director shall be
paid at a rate not to exceed the rate of basic pay payable for
level V of the Executive Schedule.
(2) Staff.--The Commission may appoint personnel as
appropriate. The staff of the Commission shall be appointed
subject to the provisions of title 5, United States Code,
governing appointments in the competitive service, and shall be
paid in accordance with the provisions of chapter 51 and
subchapter III of chapter 53 of that title relating to
classification and General Schedule pay rates.
(3) Experts and consultants.--The Commission may procure
temporary and intermittent services under section 3109(b) of
title 5, United States Code, but at rates for individuals not to
exceed the daily equivalent of the maximum annual rate of basic
pay payable for the General Schedule.
(4) Staff of federal agencies.--Upon request of the
Commission, the head of any Federal department or agency may
detail, on a reimbursable basis, any of the personnel of that
department or agency to the Commission to assist it in carrying
out its duties under this Act.
(e) Powers.--
(1) Hearings and sessions.--The Commission may, for the
purpose of carrying out this section, hold hearings, sit and act
at times and places, take testimony, and receive evidence as the
Commission considers appropriate.
(2) Powers of members and agents.--Any member or agent of
the Commission may, if authorized by the Commission,
[[Page 113 STAT. 1072]]
take any action which the Commission is authorized to take by
this section.
(3) Obtaining official data.--The Commission may secure
directly from any department or agency of the United States
information necessary to enable it to carry out this Act. Upon
request of the Chairpersons of the Commission, the head of that
department or agency shall furnish that information to the
Commission.
(4) Gifts, bequests, and devises.--The Commission may
accept, use, and dispose of gifts, bequests, or devises of
services or property, both real and personal, for the purpose of
aiding or facilitating the work of the Commission. Gifts,
bequests, or devises of money and proceeds from sales of other
property received as gifts, bequests, or devises shall be
deposited in the Treasury and shall be available for
disbursement upon order of the Commission.
(5) Mails.--The Commission may use the United States mails
in the same manner and under the same conditions as other
departments and agencies of the United States.
(6) Administrative support services.--Upon the request of
the Commission, the Administrator of General Services shall
provide to the Commission, on a reimbursable basis, the
administrative support services necessary for the Commission to
carry out its responsibilities under this section.
(7) Contract Authority.--The Commission may contract with
and compensate Government and private agencies or persons for
services, without regard to section 3709 of the Revised Statutes
(41 U.S.C. 5).
(f ) Report.--The <<NOTE: Deadline.>> Commission shall submit to
the Committees on Appropriations and Banking and Financial Services of
the House of Representatives and the Committees on Appropriations and
Banking, Housing, and Urban Affairs of the Senate a final report not
later than March 1, 2002. The report shall contain a detailed statement
of the findings and conclusions of the Commission with respect to the
study conducted under subsection (b), together with its recommendations
for legislation, administrative actions, and any other actions the
Commission considers appropriate.
(g) Termination.--The Commission shall terminate on June 30, 2002.
Section 14(a)(2)(B) of the Federal Advisory Committee Act (5 U.S.C.
App.; relating to the termination of advisory committees) shall not
apply to the Commission.
fha technical correction
Sec. 207. Section 203(b)(2)(A)(ii) of the National Housing Act (12
U.S.C. 1709(b)(2)(A)(ii)) is amended by adding before ``48 percent'' the
following: ``the greater of the dollar amount limitation in effect under
this section for the area on the date of the enactment of the
Departments of Veterans Affairs and Housing and Urban Development, and
Independent Agencies Appropriations Act for Fiscal Year 1999 or''.
rescissions
Sec. 208. Of the balances remaining from funds appropriated to the
Department of Housing and Urban Development in Public Law 105-65 and
prior appropriations Acts, $74,400,000 is rescinded: Provided, That the
amount rescinded shall be comprised of--
[[Page 113 STAT. 1073]]
(1) $30,552,000 of the amounts that were appropriated for
the modernization of public housing unit; under the heading
``Annual contributions for assisted housing'', including an
amount equal to the amount transferred from such account to, and
merged with amounts under the heading ``Public housing capital
fund'';
(2) $3,048,000 of the amounts from which no disbursements
have been made within five successive fiscal years beginning
after September 30, 1993, that were appropriated under the
heading ``Annual contributions for assisted housing'', including
an amount equal to the amount transferred from such account to
the account under the heading ``Housing certificate fund'';
(3) $22,975,000 of amounts appropriated for homeownership
assistance under section 235(r) of the National Housing Act,
including $6,875,000 appropriated in Public Law 103-327
(approved September 28, 1994, 104 Stat. 2305) for such purposes;
(4) $11,400,000 of the amounts appropriated for the
Homeownership and Opportunity for People Everywhere programs
(HOPE programs), as authorized by the Cranston-Gonzalez National
Affordable Housing Act; and
(5) $6,400,000 of the balances remaining in the account
under the heading ``Nonprofit Sponsor Assistance Account''.
grant for national cities in schools
Sec. 209. For a grant to the National Cities in Schools Community
Development program under section 930 of the Housing and Community
Development Act of 1992, $5,000,000.
moving to work demonstration
Sec. 210. For the Jobs-Plus Initiative of the Moving to Work
Demonstration, $5,000,000 to cover the cost of rent-based work
incentives to families in selected public housing developments, who
shall be encouraged to go to work under work incentive plans approved by
the Secretary and carefully tracked as part of the research and
demonstration effort.
repealer
Sec. 211. Section 218 of Public Law 104-204 <<NOTE: 110 Stat.
2905.>> is repealed.
fha administrative contract expense authority
Sec. 212. Section 1 of the National Housing Act (12 U.S.C. 1702) is
amended by inserting the following new sentence after the first proviso:
``Except with respect to title III, for the purposes of this section,
the term `nonadministrative' shall not include contract expenses that
are not capitalized or routinely deducted from the proceeds of sales,
and such expenses shall not be payable from funds made available by this
Act.''.
full payment of claims
Sec. 213. (a) Section 541 <<NOTE: 12 USC 1735f-19.>> of the
National Housing Act is amended--
[[Page 113 STAT. 1074]]
(1) by amending the heading to read as follows: ``partial
payment of claims on defaulted mortgages and in connection with
mortgage restructuring''; and
(2) in subsection (b), by striking ``partial payment of the
claim under the mortgage insurance contract'' and inserting
``partial or full payment of claim under one or more mortgage
insurance contracts''.
(b) Section 517 of the Multifamily Assisted Housing Reform and
Affordability Act of 1997 <<NOTE: 42 USC 1437f note.>> is amended by
adding a new subsection (a)(6) to read as follows: ``(6) The second
mortgage under this section may be a first mortgage if no restructured
or new first mortgage will meet the requirement of paragraph (1)(A).''.
availability of income matching information
Sec. 214. (a) Section 3(f ) of the United States Housing Act of 1937
(42 U.S.C. 1437a), as amended by section 508(d)(1) of the Quality
Housing and Work Responsibility Act of 1998, is further amended--
(1) in paragraph (1)--
(A) after the first appearance of ``public housing
agency'' by inserting ``, or the owner responsible for
determining the participant's eligibility or level of
benefits,''; and
(B) after ``as applicable'' by inserting ``, or to
the owner responsible for determining the participant's
eligibility or level of benefits''; and
(2) in paragraph (2)--
(A) in subparagraph (A) by striking ``or'';
(B) in subparagraph (B) by striking the period and
inserting ``, or''; and
(C) by inserting at the end the following new
subparagraph:
``(C) for which project-based assistance is provided under
section 8, section 202, or section 811.''.
(b) Section 904(b) of the Stewart B. McKinney Homeless Assistance
Amendments Act of 1988 (42 U.S.C. 3544), as amended by section 508(d)(2)
of the Quality Housing and Work Responsibility Act of 1998, is further
amended in paragraph (4)--
(1) by inserting after ``public housing agency'' the first
time it appears the following: ``, or the owner responsible for
determining the participant's eligibility or level of
benefits,''; and
(2) by striking ``the public housing agency verifying
income'' and inserting ``verifying income''.
exemption for alaska and mississippi from requirement of resident on
board
Sec. 215. Public housing agencies in the States of Alaska and
Mississippi shall not be required to comply with section 2(b) of the
United States Housing Act of 1937, as amended, during fiscal year 2000.
[[Page 113 STAT. 1075]]
administration of the cdbg program by new york state
Sec. 216. The Secretary of Housing and Urban Development shall
transfer on the date of the enactment of this Act the administration of
the Small Cities component of the Community Development Block Grants
program for all funds allocated for the State of New York under section
106(d) of the Housing and Community Development Act of 1974 for fiscal
year 2000 and all fiscal years thereafter, to the State of New York to
be administered by the Governor of such State.
section 202 exemption
Sec. 217. <<NOTE: Peggy A. Burgin.>> Notwithstanding section 202 of
the Housing Act of 1959 or any other provision of law, Peggy A. Burgin
may not be disqualified on the basis of age from residing at Clark's
Landing in Groton, Vermont.
darlinton preservation amendment
Sec. 218. Notwithstanding any other provision of law, upon
prepayment of the FHA-insured section 236 mortgage, the Secretary shall
continue to provide interest reduction payment in accordance with the
existing amortization schedule for Darlinton Manor Apartments, a 100-
unit project located at 606 North 5th Street, Bozemen, Montana, which
will continue as affordable housing pursuant to a use agreement with the
State of Montana.
risk-sharing priority
Sec. 219. Section 517(b)(3) of the Departments of Veterans Affairs
and Housing and Urban Development, and Independent Agencies
Appropriations Act, 1998 <<NOTE: 42 USC 1437f note.>> is amended by
inserting after ``1992.'' the following: ``The Secretary shall use risk-
shared financing under section 542(c) of the Housing and Community
Development Act of 1992 for any mortgage restructuring, rehabilitation
financing, or debt refinancing included as part of a mortgage
restructuring and rental assistance sufficiency plan if the terms and
conditions are considered to be the best available financing in terms of
financial savings to the FHA insurance funds and will result in reduced
risk of loss to the Federal Government.''.
treatment of expiring economic development initiative grants
Sec. 220. (a) Availability.--Notwithstanding section 1552 of title
31, United States Code, the grant amounts identified in subsection (b)
shall remain available to the grantees for the purposes for which such
amounts were obligated through September 30, 2000.
(b) Grants.--The grant amounts identified in this subsection are the
amounts provided under the following grants made by the Secretary of
Housing and Urban Development under the economic development initiative
under section 108(q) of the Housing and Community Development Act of
1974 (42 U.S.C. 5308(q)):
(1) The grant for Miami, Florida, designated as B-92-ED-12-
013.
(2) The grant for Miami Beach, Florida, designated as B-92-
ED-12-014.
[[Page 113 STAT. 1076]]
(c) Effective Date.--This section shall be considered to have taken
effect on September 30, 1999. The Secretary of the Treasury and the
Secretary of Housing and Urban Development shall take such actions as
may be necessary to carry out this section, notwithstanding any actions
taken previously pursuant to section 1552 of title 31, United States
Code.
use of trusts with regard to cooperative housing section
Sec. 221. Section 213(a) of the National Housing Act (12 U.S.C.
1715e(a)) is amended by adding at the end the following new sentence:
``Nothing in this section may be construed to prevent membership in a
nonprofit housing cooperative from being held in the name of a trust,
the beneficiary of which shall occupy the dwelling unit in accordance
with rules and regulations prescribed by the Secretary.''.
grant technical correction
Sec. 222. Notwithstanding any other provision of law, the amount
made available under the Departments of Veterans Affairs and Housing and
Urban Development, and Independent Agencies Appropriations Act, 1991
(Public Law 101-507) for a special purpose grant under section 107 of
the Housing and Community Development Act of 1974 to the County of
Hawaii for the purpose of an environmental impact statement for the
development of a water resource system in Kohala, Hawaii, that is
unobligated on the date of the enactment of this Act, may be used to
fund water system improvements, including exploratory wells, well
drillings, pipeline replacements, water system planning and design, and
booster pump and reservoir development.
reuse of certain budget authority
Sec. 223. Section 8(z) of the United States Housing Act of 1937
is <<NOTE: 42 USC 1437f.>> amended--
(1) in paragraph (1)--
(A) by inserting after ``on account of'' the
following: ``expiration or''; and
(B) by striking the parenthetical phrase; and
(2) by striking paragraph (3).
section 108 waiver
Sec. 224. With respect to the $6,700,000 commitment in connection
with guaranteed obligations for the Sandtown-Winchester Home Ownership
Zone under section 108 of the Housing and Community Development Act of
1974, the Secretary shall not require security in excess of that
authorized under section 108(d)(1)(B).
hopwa technical
Sec. 225. (a) <<NOTE: Pennsylvania. New Jersey.>> Notwithstanding
any other provision of law, the amount allocated for fiscal year 2000,
and the amounts that would otherwise be allocated for fiscal year 2001,
to the City of Philadelphia, Pennsylvania on behalf of the Philadelphia,
PA-NJ Primary Metropolitan Area (hereafter ``metropolitan area''), under
section 854(c) of the AIDS Housing Opportunity Act (42 U.S.C. 12903(c)),
[[Page 113 STAT. 1077]]
the Secretary of Housing and Urban Development shall adjust such amounts
by allocating to the State of New Jersey the proportion of the
metropolitan area's amount that is based on the number of cases of AIDS
reported in the portion of the metropolitan area that is located in New
Jersey.
(b) The State of New Jersey shall use amounts allocated to the State
under this section to carry out eligible activities under section 855 of
the AIDS Housing Opportunity Act (42 U.S.C. 12904) in the portion of the
metropolitan area that is located in New Jersey.
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,
$28,467,000, to remain available until expended.
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, $8,000,000:
Provided, That the Chemical Safety and Hazard Investigation Board shall
have not more than three career Senior Executive Service positions.
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,
$95,000,000, to remain available until September 30, 2001, of which up
to $7,860,000 may be used for administrative expenses, up to $16,500,000
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
[[Page 113 STAT. 1078]]
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 $53,140,000:
Provided further, That not more than $30,000,000 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, $49,000,000.
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.),
$434,500,000, to remain available until September 30, 2000: Provided,
That not more than $28,500,000 shall be available for administrative
expenses authorized under section 501(a)(4) of the Act (42 U.S.C.
12671(a)(4)) with not less than $1,500,000 targeted to administrative
needs, not including salaries and expenses, identified as urgent by the
Corporation without regard to the provisions of section 501(a)(4)(B) of
the Act: 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
$234,000,000 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 $45,000,000 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
$7,500,000 of the funds made available under this heading shall be made
available for the Points of Light
[[Page 113 STAT. 1079]]
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 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 $28,500,000 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: Provided further, That of amounts available in the
National Service Trust account from previous appropriations Acts,
$80,000,000 shall be rescinded.
office of inspector general
For necessary expenses of the Office of Inspector General in
carrying out the Inspector General Act of 1978, as amended, $4,000,000.
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, $11,450,000,
of which $910,000, 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 one
passenger motor vehicle for replacement only, and not to exceed $1,000
for official reception and representation expenses, $12,473,000, to
remain available until expended.
[[Page 113 STAT. 1080]]
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, 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 maximum rate payable for senior
level positions under 5 U.S.C. 5376; 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,
$645,000,000, which shall remain available until September 30, 2001:
Provided, That the obligated balance of sums available in this account
shall remain available through September 30, 2008 for liquidating
obligations made in fiscal years 2000 and 2001: Provided further, That
the obligated balance of funds transferred to this account in Public Law
105-276 shall remain available through September 30, 2007 for
liquidating obligations made in fiscal years 1999 and 2000.
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 maximum rate payable for senior level positions under
5 U.S.C. 5376; 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, $1,900,000,000,
which shall remain available until September 30, 2001: Provided, That
the obligated balance of such sums shall remain available through
September 30, 2008 for liquidating obligations made in fiscal years 2000
and 2001: Provided further, That none of the funds appropriated by this
Act shall be used to propose or issue rules, regulations, decrees, or
orders for the purpose of implementation, or in preparation for
implementation, of the Kyoto Protocol which was adopted on December 11,
1997, in Kyoto, Japan at the Third Conference of the Parties to the
United Nations Framework Convention on Climate Change, which has not
been submitted to the Senate for advice and consent to ratification
pursuant to article II, section 2, clause 2, of the United States
Constitution, and which has not entered into force pursuant to article
25 of the Protocol: Provided further, That none of the funds made
available in this Act may be used to implement or administer the interim
guidance issued
[[Page 113 STAT. 1081]]
on February 5, 1998, by the Environmental Protection Agency relating to
title VI of the Civil Rights Act of 1964 and designated as the ``Interim
Guidance for Investigating Title VI Administrative Complaints
Challenging Permits'' with respect to complaints filed under such title
after October 21, 1998, and until guidance is finalized. Nothing in this
proviso may be construed to restrict the Environmental Protection Agency
from developing or issuing final guidance relating to title VI of the
Civil Rights Act of 1964: Provided further, That <<NOTE: 7 USC 136r
note.>> notwithstanding 7 U.S.C. 136r and 15 U.S.C. 2609, beginning in
fiscal year 2000 and thereafter, grants awarded under section 20 of the
Federal Insecticide, Fungicide, and Rodenticide Act, as amended, and
section 10 of the Toxic Substances Control Act, as amended, shall be
available for research, development, monitoring, public education,
training, demonstrations, and studies: Provided further, That the
unexpended funds remaining from the $2,200,000 appropriated under this
heading in Public Law 105-276 for a grant to the Lake Ponchartrain Basin
Foundation circuit rider initiative in Louisiana shall be transferred to
the ``State and tribal assistance grants'' appropriation to remain
available until expended 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 report accompanying that Act.
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,
$32,409,000, to remain available until September 30, 2001: Provided,
That the sums available in this account shall remain available through
September 30, 2008 for liquidating obligations made in fiscal years 2000
and 2001: Provided further, That the obligated balance of funds
transferred to this account in Public Law 105-276 shall remain available
through September 30, 2007 for liquidating obligations made in fiscal
years 1999 and 2000.
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, $62,600,000, to remain available until
expended.
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;
$1,400,000,000 (of which $100,000,000 shall not become available until
September 1, 2000), to remain available until expended, consisting of
$700,000,000, as authorized by section 517(a) of the Superfund
Amendments and Reauthorization Act of
[[Page 113 STAT. 1082]]
1986 (SARA), as amended by Public Law 101-508, and $700,000,000 as a
payment from general revenues to the Hazardous Substance Superfund for
purposes as authorized by section 517(b) of SARA, as amended by Public
Law 101-508: Provided, That funds appropriated under this heading may be
allocated to other Federal agencies in accordance with section 111(a) of
CERCLA: Provided further, That $11,000,000 of the funds appropriated
under this heading shall be transferred to the ``Office of Inspector
General'' appropriation to remain available until September 30, 2001:
Provided further, That $38,000,000 of the funds appropriated under this
heading shall be transferred to the ``Science and technology''
appropriation to remain available until September 30, 2001: Provided
further, That notwithstanding section 111(m) of CERCLA or any other
provision of law, $70,000,000 of the funds appropriated under this
heading shall be available to the Agency for Toxic Substances and
Disease Registry (ATSDR) 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 notwithstanding any other provision of law, in
lieu of performing a health assessment under section 104(i)(6) of
CERCLA, the Administrator of ATSDR may conduct other appropriate health
studies, evaluations or activities, including, without limitation,
biomedical testing, clinical evaluations, medical monitoring, and
referral to accredited health care providers: Provided further, That in
performing any such health assessment or health study, evaluation, or
activity, the Administrator of ATSDR shall not be bound by the deadlines
in section 104(i)(6)(A): Provided further, That none of the funds
appropriated under this heading shall be available for ATSDR to issue in
excess of 40 toxicological profiles pursuant to section 104(i) of CERCLA
during fiscal year 2000.
leaking underground storage tank program
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, $70,000,000, to remain available until expended.
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, to
remain available until expended.
state and tribal assistance grants
For environmental programs and infrastructure assistance, including
capitalization grants for State revolving funds and performance
partnership grants, $3,466,650,000, 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; $820,000,000 shall be for
capitalization grants for the Drinking Water State Revolving Funds under
section 1452 of the
[[Page 113 STAT. 1083]]
Safe Drinking Water Act, as amended, except that, notwithstanding
section 1452(n) of the Safe Drinking Water Act, as amended, none of the
funds made available under this heading in this Act, or in previous
appropriations Acts, shall be reserved by the Administrator for health
effects studies on drinking water contaminants; $50,000,000 shall be 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;
$30,000,000 shall be for grants to the State of Alaska to address
drinking water and wastewater infrastructure needs of rural and Alaska
Native Villages; $331,650,000 shall be 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. 2684); and $885,000,000 shall be for grants, including
associated program support costs, to States, federally recognized
tribes, interstate agencies, tribal consortia, and air pollution control
agencies for multi-media or single media pollution prevention, control
and abatement and related activities, including activities pursuant to
the provisions set forth under this heading in Public Law 104-134, and
for making grants under section 103 of the Clean Air Act for particulate
matter monitoring and data collection activities: Provided, That
notwithstanding section 603(d)(7) of the Federal Water Pollution Control
Act, as amended, the limitation on the amounts in a State water
pollution control revolving fund that may be used by a State to
administer the fund shall not apply to amounts included as principal in
loans made by such fund in fiscal year 2000 and prior years where such
amounts represent costs of administering the fund, or by the State of
New York for fiscal year 2000 and prior years, costs of capitalizing the
fund, to the extent that such amounts are or were deemed reasonable by
the Administrator, accounted for separately from other assets in the
fund, and used for eligible purposes of the fund, including
administration, or, by the State of New York for fiscal year 2000 and
prior years, for capitalization of the fund: Provided further, That
notwithstanding <<NOTE: 33 USC 1377 note.>> section 518(f ) of the
Federal Water Pollution Control Act, the Administrator is authorized to
use the amounts appropriated for any fiscal year under section 319 of
that Act to make grants to Indian tribes pursuant to section 319(h) and
518(e) of that Act: 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, 1999
and continuing through September 30, 2001, 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 the $2,200,000
appropriated in Public Law 105-276 in accordance with House Report No.
105-769, for a grant to the Charleston, Utah Water Conservancy District,
as amended by Public Law 106-31, shall be awarded to Wasatch County,
Utah, for water and sewer needs: Provided further, That the funds
appropriated under this heading in Public Law
[[Page 113 STAT. 1084]]
105-276 for the City of Fairbanks, Alaska, water system improvements
shall instead be for the Matanuska-Susitna Borough, Alaska, water and
sewer improvements: Provided further, That notwithstanding any other
provision of law, all claims for principal and interest registered
through grant dispute AA-91-AD34 (05-90-AD09) or any other such dispute
hereafter filed by the Environmental Protection Agency relative to water
pollution control center and sewer system improvement grants numbers C-
390996-01, C-390996-2, and C-390996-3 made in 1976 and 1977 are hereby
resolved in favor of the grantee.
The Environmental Protection Agency and the New York State
Department of Environmental Conservation are authorized to award, from
construction grant reallotments to the State of New York of previously
appropriated funds, supplemental grant assistance to Nassau County, New
York, for additional odor control at the Bay Park and Cedar Creek
wastewater treatment plants, notwithstanding initiation of construction
or prior State Revolving Fund funding. Nassau County may elect to accept
a combined lump-sum of $15,000,000, paid in advance of construction, in
lieu of a 75 percent entitlement, to minimize grant and project
administration.
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, $5,108,000.
council on environmental quality and office of environmental quality
For necessary expenses to continue functions assigned to the Council
on Environmental Quality and Office of Environmental Quality pursuant to
the National Environmental Policy Act of 1969, the Environmental Quality
Improvement Act of 1970, and Reorganization Plan No. 1 of 1977,
$2,827,000: 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, That <<NOTE: President. 42 USC
4342 note.>> 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.
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,
[[Page 113 STAT. 1085]]
as amended, $33,666,000, to be derived from the Bank Insurance Fund, the
Savings Association Insurance Fund, and the FSLIC Resolution Fund.
Federal Emergency Management Agency
disaster relief
(including transfer of funds)
For necessary expenses in carrying out the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.),
$300,000,000, and, notwithstanding 42 U.S.C. 5203, to remain available
until expended, of which not to exceed $2,900,000 may be transferred to
``Emergency Management Planning and Assistance'' for the consolidated
emergency management performance grant program: Provided, That of the
funds made available under this heading in this and prior appropriations
Acts and under section 404 of the Stafford Act to the State of
California, $2,000,000 shall be for a pilot project of seismic retrofit
technology at California State University, San Bernardino; $6,000,000
shall be for a seismic retrofit project at Loma Linda University
Hospital; and $2,000,000 shall be for a seismic retrofit project at the
University of Redlands, Redlands, California: Provided further, That of
the funds made available under this heading in this and prior
appropriations Acts and under section 404 of the Stafford Act to the
State of Florida, $1,000,000 shall be for a hurricane protection project
for the St. Petersburg campus of South Florida University, and
$2,500,000 shall be for a windstorm simulation project at Florida
International University, Miami: Provided further, That of the funds
made available under this heading in this and prior appropriations Acts
and under section 404 of the Stafford Act to the State of North
Carolina, $1,000,000 shall be for a logistical staging area concept
demonstration involving warehouse facilities at the Stanly County
Airport: Provided further, That of the funds made available under this
heading in this and prior appropriations Acts and under section 404 of
the Stafford Act to the State of Louisiana, $500,000 shall be for wave
monitoring buoys in the Gulf of Mexico off the Louisiana coast.
For an additional amount for ``Disaster relief'', $2,480,425,000, to
remain available until expended: Provided, That the entire amount is
designated by the Congress as an emergency requirement pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended: Provided further, That the entire
amount shall be available only to the extent that an official budget
request for a specific dollar amount, that includes designation of the
entire amount of the request as an emergency requirement as defined in
the Balanced Budget and Emergency Deficit Control Act of 1985, as
amended, is transmitted by the President to the Congress.
disaster assistance direct loan program account
For the cost of direct loans, $1,295,000, 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
[[Page 113 STAT. 1086]]
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, $420,000.
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 maximum rate payable
for senior level positions under 5 U.S.C. 5376; expenses of attendance
of cooperating officials and individuals at meetings concerned with the
work of emergency preparedness; transportation in connection with the
continuity of Government programs to the same extent and in the same
manner as permitted the Secretary of a Military Department under 10
U.S.C. 2632; and not to exceed $2,500 for official reception and
representation expenses, $180,000,000.
office of the inspector general
For necessary expenses of the Office of Inspector General in
carrying out the Inspector General Act of 1978, as amended, $8,015,000.
emergency management planning and assistance
(including transfer of funds)
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, $267,000,000: 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), $25,000,000 of the funds made available under this heading
shall be available until expended for project <<NOTE: Effective date. 42
USC 5195 note.>> grants: Provided further, That beginning in fiscal
year 2000 and each fiscal year thereafter, and notwithstanding any other
provision of law, the Director of FEMA is authorized to provide
assistance from funds appropriated under this heading, subject to terms
and conditions as the Director of FEMA shall establish, to any State for
multi-hazard preparedness and mitigation through consolidated emergency
management performance <<NOTE: Contracts.>> grants: Provided further,
That notwithstanding any other provision of law, FEMA is authorized to
and shall extend its cooperative agreement for the Jones County,
Mississippi Emergency Operating Center, and the funds which were
obligated as Federal matching funds for that Center shall remain
available for expenditure until September 30, 2001.
[[Page 113 STAT. 1087]]
radiological emergency preparedness fund
The aggregate charges assessed during fiscal year 2000, as
authorized by Public Law 105-276, shall not be less than 100 percent of
the amounts anticipated by FEMA necessary for its radiological emergency
preparedness program for the next fiscal year. The methodology for
assessment and collection of fees shall be fair and equitable; and shall
reflect costs of providing such services, including administrative costs
of collecting such fees. Fees received pursuant to this section shall be
deposited in the Fund as offsetting collections and will become
available for authorized purposes on October 1, 2000, and remain
available until expended.
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, $110,000,000, to remain available
until expended: Provided, That total administrative costs shall not
exceed 3\1/2\ percent of the total appropriation.
flood map modernization fund
For necessary expenses pursuant to section 1360 of the National
Flood Insurance Act of 1968, $5,000,000, and such additional sums as may
be provided by State or local governments or other political
subdivisions for cost shared mapping activities under section 1360(f
)(2), to remain available until expended.
national insurance development fund
Notwithstanding the provisions of 12 U.S.C. 1735d(b) and 12 U.S.C.
1749bbb-13(b)(6), any indebtedness of the Director of the Federal
Emergency Management Agency resulting from the Director borrowing sums
under such sections before the date of the enactment of this Act to
carry out title XII of the National Housing Act shall be canceled, and
the Director shall not be obligated to repay such sums or any interest
thereon, and no further interest shall accrue on such sums.
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, as amended, not to exceed
$24,333,000 for salaries and expenses associated with flood mitigation
and flood insurance operations, and not to exceed $78,710,000 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, 2001.
In fiscal year 2000, no funds in excess of: (1) $47,000,000 for
operating expenses; (2) $456,427,000 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 prior notice to
the Committees on Appropriations. For fiscal year 2000, flood insurance
rates shall not exceed the level authorized by the National Flood
Insurance Reform Act of 1994.
[[Page 113 STAT. 1088]]
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 ``1999'' and inserting ``2000''.
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 ``September 30, 1999'' and inserting ``September 30, 2000''.
national flood mitigation fund
(including transfer of funds)
Notwithstanding sections 1366(b)(3)(B)-(C) and 1366(f ) of the
National Flood Insurance Act of 1968, as amended, $20,000,000 to remain
available until September 30, 2001, for activities designed to reduce
the risk of flood damage to structures pursuant to such Act, of which
$20,000,000 shall be derived from the National Flood Insurance Fund.
General Services Administration
consumer information center fund
For necessary expenses of the Consumer Information Center, including
services authorized by 5 U.S.C. 3109, $2,622,000, 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 2000 in excess of
$7,500,000 shall remain in the fund and shall not be available for
expenditure except as authorized in appropriations Acts.
National Aeronautics and Space Administration
human space flight
For necessary expenses, not otherwise provided for, in the conduct
and support of human space flight research and development activities,
including research, development, operations, and services; maintenance;
construction of facilities including repair, rehabilitation, and
modification of real and personal property, and acquisition or
condemnation of real property, as authorized by law; space flight,
spacecraft control and communications activities including operations,
production, and services; and purchase, lease, charter, maintenance and
operation of mission and administrative aircraft, $5,510,900,000, to
remain available until September 30, 2001: Provided, That $40,000,000 of
the amount provided in this paragraph shall be available to the space
shuttle program only for preparations necessary to carry out a life and
micro-gravity science mission, to be flown between STS-107 and December
2001.
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
[[Page 113 STAT. 1089]]
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, $5,606,700,000, to remain available until September 30, 2001.
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,
$2,515,100,000, to remain available until September 30, 2001.
office of inspector general
For necessary expenses of the Office of Inspector General in
carrying out the Inspector General Act of 1978, as amended, $20,000,000.
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, 2002.
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, 2000 and may
be used to enter into contracts for training, investigations,
[[Page 113 STAT. 1090]]
costs associated with personnel relocation, and for other services, to
be provided during the next fiscal year.
Unless otherwise provided for in this Act or in the joint
explanatory statement of the committee of conference accompanying this
Act, no part of the funds appropriated for ``Human space flight'' may be
used for the development of the International Space Station in excess of
the amounts set forth in the budget estimates submitted as part of the
budget request for fiscal year 2000.
National Credit Union Administration
central liquidity facility
During fiscal year 2000, administrative expenses of the Central
Liquidity Facility shall not exceed $257,000: Provided, That $1,000,000,
together with amounts of principal and interest on loans repaid, to be
available until expended, is available for loans to community
development credit unions.
National Science Foundation
research and related activities
For necessary expenses in carrying out the National Science
Foundation Act of 1950, as amended (42 U.S.C. 1861-1875), and the Act to
establish a National Medal of Science (42 U.S.C. 1880-1881); services as
authorized by 5 U.S.C. 3109; maintenance and operation of aircraft and
purchase of flight services for research support; acquisition of
aircraft; $2,966,000,000, of which not to exceed $253,000,000 shall
remain available until expended for Polar research and operations
support, and for reimbursement to other Federal agencies for operational
and science support and logistical and other related activities for the
United States Antarctic program; the balance to remain available until
September 30, 2001: 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 $60,000,000 of the funds available under this
heading shall be made available for a comprehensive research initiative
on plant genomes for economically significant crop: Provided further,
That <<NOTE: Domain name.>> none of the funds appropriated or otherwise
made available to the National Science Foundation in this or any prior
Act may be obligated or expended by the National Science Foundation to
enter into or extend a grant, contract, or cooperative agreement for the
support of administering the domain name and numbering system of the
Internet after September 30, 1998: Provided further, That no funds in
this or any other Act shall be used to acquire or lease a research
vessel with ice-breaking capability built or retrofitted by a shipyard
located in a foreign country if such a vessel of United States origin
can be obtained at a cost no more than 50 per centum above that of the
least expensive technically acceptable foreign vessel bid: Provided
further, That, in determining the cost of such a vessel, such cost be
increased
[[Page 113 STAT. 1091]]
by the amount of any subsidies or financing provided by a foreign
government (or instrumentality thereof ) to such vessel's construction:
Provided further, That if the vessel contracted for pursuant to the
foregoing is not available for the 2002-2003 austral summer Antarctic
season, a vessel of any origin may be leased for a period of not to
exceed 120 days for that season and each season thereafter until
delivery of the new vessel.
major research equipment
For necessary expenses of major construction projects pursuant to
the National Science Foundation Act of 1950, as amended, including
award-related travel, $95,000,000, to remain available until expended.
education and human resources
For necessary expenses in carrying out science and engineering
education and human resources programs and activities pursuant to the
National Science Foundation Act of 1950, as amended (42 U.S.C. 1861-
1875), including services as authorized by 5 U.S.C. 3109, award-related
travel, and rental of conference rooms in the District of Columbia,
$696,600,000, to remain available until September 30, 2001: 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: Provided further, That $10,000,000
shall be available for the purpose of establishing an office of
innovation partnerships.
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;
$149,000,000: Provided, That contracts may be entered into under
``Salaries and expenses'' in fiscal year 2000 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, $5,450,000,
to remain available until September 30, 2001.
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), $75,000,000.
[[Page 113 STAT. 1092]]
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; $24,000,000: Provided,
That during the current fiscal year, the President may exempt this
appropriation from the provisions of 31 U.S.C. 1341, whenever he deems
such action to be necessary in the interest of national defense:
Provided further, That none of the funds appropriated by this Act may be
expended for or in connection with the induction of any person into the
Armed Forces of the United States.
TITLE IV--GENERAL PROVISIONS
Sec. 401. Where appropriations in titles I, II, and III of this Act
are expendable for travel expenses and no specific limitation has been
placed thereon, the expenditures for such travel expenses may not exceed
the amounts set forth therefore in the budget estimates submitted for
the appropriations: Provided, That this provision does not apply to
accounts that do not contain an object classification for travel:
Provided further, That this section shall not apply to travel performed
by uncompensated officials of local boards and appeal boards of the
Selective Service System; to travel performed directly in connection
with care and treatment of medical beneficiaries of the Department of
Veterans Affairs; to travel performed in connection with major disasters
or emergencies declared or determined by the President under the
provisions of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act; to travel performed by the Offices of Inspector General
in connection with audits and investigations; or to payments to
interagency motor pools where separately set forth in the budget
schedules: Provided further, That if appropriations in titles I, II, and
III exceed the amounts set forth in budget estimates initially submitted
for such appropriations, the expenditures for travel may correspondingly
exceed the amounts therefore set forth in the estimates in the same
proportion.
Sec. 402. Appropriations and funds available for the administrative
expenses of the Department of Housing and Urban Development and the
Selective Service System shall be available in the current fiscal year
for purchase of uniforms, or allowances therefor, as authorized by 5
U.S.C. 5901-5902; hire of passenger motor vehicles; and services as
authorized by 5 U.S.C. 3109.
Sec. 403. Funds of the Department of Housing and Urban Development
subject to the Government Corporation Control Act or section 402 of the
Housing Act of 1950 shall be available, without regard to the
limitations on administrative expenses, for legal services on a contract
or fee basis, and for utilizing and making payment for services and
facilities of Federal National Mortgage Association, Government National
Mortgage Association, Federal Home Loan Mortgage Corporation, Federal
Financing Bank, Federal Reserve banks or any member thereof, Federal
Home Loan banks, and any insured bank within the meaning of the Federal
Deposit Insurance Corporation Act, as amended (12 U.S.C. 1811-1831).
[[Page 113 STAT. 1093]]
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 their domicile and their
place of employment, with the exception of any officer or employee
authorized such transportation under 31 U.S.C. 1344 or 5 U.S.C. 7905.
Sec. 407. None of the funds provided in this Act may be used for
payment, through grants or contracts, to recipients that do not share in
the cost of conducting research resulting from proposals not
specifically solicited by the Government: Provided, That the extent of
cost sharing by the recipient shall reflect the mutuality of interest of
the grantee or contractor and the Government in the research.
Sec. 408. None of the funds in this Act may be used, directly or
through grants, to pay or to provide reimbursement for payment of the
salary of a consultant (whether retained by the Federal Government or a
grantee) at more than the daily equivalent of the rate paid for level IV
of the Executive Schedule, unless specifically authorized by law.
Sec. 409. None of the funds provided in this Act shall be used to
pay the expenses of, or otherwise compensate, non-Federal parties
intervening in regulatory or adjudicatory proceedings. Nothing herein
affects the authority of the Consumer Product Safety Commission pursuant
to section 7 of the Consumer Product Safety Act (15 U.S.C. 2056 et
seq.).
Sec. 410. Except <<NOTE: Contracts. Public information. Records.>>
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
[[Page 113 STAT. 1094]]
a contract for services unless such executive agency: (1) has awarded
and entered into such contract in full compliance with such Act and the
regulations promulgated thereunder; and (2) requires any report prepared
pursuant to such contract, including plans, evaluations, studies,
analyses and manuals, and any report prepared by the agency which is
substantially derived from or substantially includes any report prepared
pursuant to such contract, to contain information concerning: (A) the
contract pursuant to which the report was prepared; and (B) the
contractor who prepared the report pursuant to such contract.
Sec. 412. Except as otherwise provided in section 406, none of the
funds provided in this Act to any department or agency shall be
obligated or expended to provide a personal cook, chauffeur, or other
personal servants to any officer or employee of such department or
agency.
Sec. 413. None of the funds provided in this Act to any department
or agency shall be obligated or expended to procure passenger
automobiles as defined in 15 U.S.C. 2001 with an EPA estimated miles per
gallon average of less than 22 miles per gallon.
Sec. 414. None <<NOTE: Reports.>> 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) In <<NOTE: Notice.>> providing financial assistance to, or
entering into any contract with, any entity using funds made available
in this Act, the head of each Federal agency, to the greatest extent
practicable, shall provide to such entity a notice describing the
statement made in subsection (a) by the Congress.
Sec. 416. None of the funds appropriated in this Act may be used to
implement any cap on reimbursements to grantees for indirect costs,
except as published in Office of Management and Budget Circular A-21.
Sec. 417. Such sums as may be necessary for fiscal year 2000 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 2000 for such
corporation or agency except
[[Page 113 STAT. 1095]]
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 2000 may be used for
implementing comprehensive conservation and management plans.
Sec. 421. 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.
Sec. 422. It is the sense of the Congress that, along with health
care, housing, education, and other benefits, the presence of an honor
guard at a veteran's funeral is a benefit that a veteran has earned,
and, therefore, the executive branch should provide funeral honor
details for the funerals of veterans when requested, in accordance with
law.
Sec. 423. Notwithstanding any other law, funds made available by
this or any other Act or previous Acts for the United States/Mexico
Foundation for Science may be used for the endowment of such Foundation:
Provided, That funds from the United States Government shall be matched
in equal amounts with funds from Mexico: Provided further, That the
accounts of such Foundation shall be subject to United States Government
administrative and audit requirements concerning grants and requirements
concerning cost principles for nonprofit <<NOTE: Nonproft
organization. 7 USC 3292a note.>> organizations: Provided further, That
the United States/Mexico Foundation for Science is renamed the ``George
E. Brown United States/Mexico Foundation for Science''.
Sec. 424. None of the funds made available in this Act may be used
to carry out Executive Order No. 13083.
Sec. 425. Unless otherwise provided for in this Act, no part of any
appropriation for the Department of Housing and Urban Development shall
be available for any activity in excess of amounts set forth in the
budget estimates submitted for the appropriations.
Sec. 426. Except in the case of entities that are funded solely with
Federal funds or any natural persons that are funded under this Act,
none of the funds in this Act shall be used for the planning or
execution of any program to pay the expenses of, or otherwise
compensate, non-Federal parties to lobby or litigate in respect to
adjudicatory proceedings funded in this Act. A chief executive officer
of any entity receiving funds under this Act shall certify that none of
these funds have been used to engage in the lobbying of the Federal
Government or in litigation against the United States unless authorized
under existing law.
Sec. 427. Law Enforcement Agencies Not Included as Owner or
Operator. Section 101(20)(D) of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42 U.S.C.
9601(20)(D)) is amended by inserting ``through seizure
[[Page 113 STAT. 1096]]
or otherwise in connection with law enforcement activity'' before
``involuntary'' the first place it appears.
Sec. 428. No part of any funds appropriated in this Act shall be
used by an agency of the executive branch, other than for normal and
recognized executive-legislative relationships, for publicity or
propaganda purposes, and for the preparation, distribution or use of any
kit, pamphlet, booklet, publication, radio, television or film
presentation designed to support or defeat legislation pending before
the Congress, except in presentation to the Congress itself.
Sec. 429. The <<NOTE: Deadline.>> comment period on the proposed
rules related to section 303(d) of the Clean Water Act published at 64
Federal Register 46012 and 46058 (August 23, 1999) shall be extended
from October 22, 1999, for a period of 90 additional calendar days.
Sec. 430. Section 4(a) of the Act of August 9, 1950 (16 U.S.C.
777c(a)), is amended in the second sentence by striking ``1999'' and
inserting ``2000''.
Sec. 431. Promulgation <<NOTE: Reports.>> of Stormwater
Regulations. (a) Stormwater Regulations.--The Administrator of the
Environmental Protection Agency shall not promulgate the Phase II
stormwater regulations until the Administrator submits to the Committee
on Environment and Public Works of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives a
report containing--
(1) an in-depth impact analysis on the effect the final
regulations will have on urban, suburban, and rural local
governments subject to the regulations, including an estimate
of--
(A) the costs of complying with the six minimum
control measures described in the regulations; and
(B) the costs resulting from the lowering of the
construction threshold from 5 acres to 1 acre;
(2) an explanation of the rationale of the Administrator for
lowering the construction site threshold from 5 acres to 1 acre,
including--
(A) an explanation, in light of recent court
decisions, of why a 1-acre measure is any less
arbitrarily determined than a 5-acre measure; and
(B) all qualitative information used in determining
an acre threshold for a construction site;
(3) documentation demonstrating that stormwater runoff is
generally a problem in communities with populations of 50,000 to
100,000 (including an explanation of why the coverage of the
regulation is based on a census-determined population instead of
a water quality threshold); and
(4) information that supports the position of the
Administrator that the Phase II stormwater program should be
administered as part of the National Pollutant Discharge
Elimination System under section 402 of the Federal Water
Pollution Control Act (33 U.S.C. 1342).
(b) Phase <<NOTE: Deadline. Reports.>> I Regulations.--No later
than 120 days after the enactment of this Act, the Environmental
Protection Agency shall submit to the Environment and Public Works
Committee of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives a report containing a
detailed explanation of the impact, if any, that the Phase I program has
had in improving water quality in the United States (including
[[Page 113 STAT. 1097]]
a description of specific measures that have been successful and those
that have been unsuccessful).
(c) Federal Register.--The reports described in subsections (a) and
(b) shall be published in the Federal Register for public comment.
Sec. 432. Pesticide Tolerance Fees. None of the funds appropriated
or otherwise made available by this Act shall be used to promulgate a
final regulation to implement changes in the payment of pesticide
tolerance processing fees as proposed at 64 Fed. Reg. 31040, or any
similar proposals. The Environmental Protection Agency may proceed with
the development of such a rule.
Sec. 433. Commercial Space Launch Indemnification Extension. Section
70113(f ) of title 49, United States Code, is amended by striking
``December 31, 1999'', and inserting ``December 31, 2000''.
Sec. 434. Space <<NOTE: 42 USC 14711 note.>> Station Commercial
Development
Demonstration Program. (a) Purpose.--The purpose of this section is to
establish a demonstration regarding the commercial feasibility and
economic viability of private sector business operations involving the
International Space Station and its related infrastructure. The goal
will be furthered by the early use of the International Space Station by
United States commercial entities committing private capital to
commercial enterprises on the International Space Station.
In <<NOTE: Publication.>> conjunction with this demonstration program,
the National Aeronautics and Space Administration (NASA) shall establish
and publish a price policy designed to eliminate price uncertainty for
those planning to utilize the International Space Station and its
related facilities for United States commercial use.
(b) Use of Receipts for Commercial Use.--Any receipts collected by
NASA from the commercial use of the International Space Station shall
first be used to offset any costs incurred by NASA in support of the
United States commercial use of the International Space Station. Any
receipts collected in excess of the costs identified pursuant to the
prior sentence may be retained by NASA for use without fiscal year
limitation in promoting the commercial use of the International Space
Station.
(c) Report.--NASA <<NOTE: Deadline.>> shall submit an annual report
to the
Congress that identifies all receipts that are collected under this
section, the use of the receipts and the status of the demonstration.
NASA shall submit a final report on the status of the demonstration,
including any recommendation for expansion, within 120 days of the
completion of the assembly of the International Space Station or the end
of fiscal year 2004, whichever is earlier.
(d) Definitions.--As used in this section, the term ``United States
commercial use'' means private commercial projects that are designed to
benefit the United States through the sales of goods or services or the
creation of jobs, or both.
(e) Termination.--The <<NOTE: Applicability.>> demonstration
program established under this section shall apply to United States
commercial use agreements that are entered into prior to the date of the
completion of the International Space Station or the end of fiscal year
2004, whichever is earlier.
Sec. 435. Insurance; Indemnification; Liability. (a) Amendment.--The
National Aeronautics and Space Act of 1958 (42 U.S.C. 2451 et seq.) is
amended by inserting after section 308 the following new section:
[[Page 113 STAT. 1098]]
``experimental <<NOTE: 42 usc 2458c.>> aerospace vehicle
``(a) In General.--The Administrator may provide liability insurance
for, or indemnification to, the developer of an experimental aerospace
vehicle developed or used in execution of an agreement between the
Administration and the developer.
``(b) Terms and Conditions.--
``(1) In general.--Except as otherwise provided in this
section, the insurance and indemnification provided by the
Administration under subsection (a) to a developer shall be
provided on the same terms and conditions as insurance and
indemnification is provided by the Administration under section
308 of this Act to the user of a space vehicle.
``(2) Insurance.--
``(A) In general.--A developer shall obtain
liability insurance or demonstrate financial
responsibility in amounts to compensate for the maximum
probable loss from claims by--
``(i) a third party for death, bodily injury,
or property damage, or loss resulting from an
activity carried out in connection with the
development or use of an experimental aerospace
vehicle; and
``(ii) the United States Government for damage
or loss to Government property resulting from such
an activity.
``(B) Maximum required.--The Administrator shall
determine the amount of insurance required, but, except
as provided in subparagraph (C), that amount shall not
be greater than the amount required under section
70112(a)(3) of title 49, United States Code, for a
launch. The Administrator <<NOTE: Federal Register,
publication. Notice. Deadline.>> shall publish notice
of the Administrator's determination and the applicable
amount or amounts in the Federal Register within 10 days
after making the determination.
``(C) Increase in dollar amounts.--The Administrator
may increase the dollar amounts set forth in section
70112(a)(3)(A) of title 49, United States Code, for the
purpose of applying that section under this section to a
developer after consultation with the Comptroller
General and such experts and consultants as may be
appropriate, and after publishing notice of the increase
in the Federal Register not less than 180 days before
the increase goes into effect. The <<NOTE: Public
information. Records.>> Administrator shall make
available for public inspection, not later than the date
of publication of such notice, a complete record of any
correspondence received by the Administration, and a
transcript of any meetings in which the Administration
participated, regarding the proposed increase.
``(D) Safety review required before administrator
provides insurance.--The Administrator may not provide
liability insurance or indemnification under subsection
(a) unless the developer establishes to the satisfaction
of the Administrator that appropriate safety procedures
and practices are being followed in the development of
the experimental aerospace vehicle.
``(3) No indemnification without cross-waiver.--
Notwithstanding subsection (a), the Administrator may not
[[Page 113 STAT. 1099]]
indemnify a developer of an experimental aerospace vehicle under
this section unless there is an agreement between the
Administration and the developer described in subsection (c).
``(4) Application of certain procedures.--If the
Administrator requests additional appropriations to make
payments under this section, like the payments that may be made
under section 308(b) of this Act, then the request for those
appropriations shall be made in accordance with the procedures
established by subsections (d) and (e) of section 70113 of title
49, United States Code.
``(c) Cross-Waivers.--
``(1) Administrator authorized to waive.--The Administrator,
on behalf of the United States, and its departments, agencies,
and related entities, may reciprocally waive claims with a
developer or cooperating party and with the related entities of
that developer or cooperating party under which each party to
the waiver agrees to be responsible, and agrees to ensure that
its own related entities are responsible, for damage or loss to
its property for which it is responsible, or for losses
resulting from any injury or death sustained by its own
employees or agents, as a result of activities connected to the
agreement or use of the experimental aerospace vehicle.
``(2) Limitations.--
``(A) Claims.--A reciprocal waiver under paragraph
(1) may not preclude a claim by any natural person
(including, but not limited to, a natural person who is
an employee of the United States, the developer, the
cooperating party, or their respective subcontractors)
or that natural person's estate, survivors, or subrogees
for injury or death, except with respect to a subrogee
that is a party to the waiver or has otherwise agreed to
be bound by the terms of the waiver.
``(B) Liability for negligence.--A reciprocal waiver
under paragraph (1) may not absolve any party of
liability to any natural person (including, but not
limited to, a natural person who is an employee of the
United States, the developer, the cooperating party, or
their respective subcontractors) or such a natural
person's estate, survivors, or subrogees for negligence,
except with respect to a subrogee that is a party to the
waiver or has otherwise agreed to be bound by the terms
of the waiver.
``(C) Indemnification for damages.--A reciprocal
waiver under paragraph (1) may not be used as the basis
of a claim by the Administration, or the developer or
cooperating party, for indemnification against the other
for damages paid to a natural person, or that natural
person's estate, survivors, or subrogees, for injury or
death sustained by that natural person as a result of
activities connected to the agreement or use of the
experimental aerospace vehicle.
``(3) Effect on previous waivers.--Subsection (c) applies to
any waiver of claims entered into by the Administration without
regard to whether it was entered into before, on, or after the
date of the enactment of this Act.
``(d) Definitions.--In this section:
``(1) Cooperating party.--The term `cooperating party' means
any person who enters into an agreement with the
[[Page 113 STAT. 1100]]
Administration for the performance of cooperative scientific,
aeronautical, or space activities to carry out the purposes of
this Act.
``(2) Developer.--The term `developer' means a United States
person (other than a natural person) who--
``(A) is a party to an agreement with the
Administration for the purpose of developing new
technology for an experimental aerospace vehicle;
``(B) owns or provides property to be flown or
situated on that vehicle; or
``(C) employs a natural person to be flown on that
vehicle.
``(3) Experimental aerospace vehicle.--The term
`experimental aerospace vehicle' means an object intended to be
flown in, or launched into, orbital or suborbital flight for the
purpose of demonstrating technologies necessary for a reusable
launch vehicle, developed under an agreement between the
Administration and a developer.
``(4) Related entity.--The term `related entity' includes a
contractor or subcontractor at any tier, a supplier, a grantee,
and an investigator or detailee.
``(e) Relationship to Other Laws.--
``(1) Section 308.--This section does not apply to any
object, transaction, or operation to which section 308 of this
Act applies.
``(2) Chapter 701 of title 49, united states code.--The
Administrator may not provide indemnification to a developer
under this section for launches subject to license under section
70117(g)(1) of title 49, United States Code.''.
(b) Repeal.--Section 431 of the Departments of Veterans Affairs and
Housing and Urban Development, and Independent Agencies Appropriations
Act, 1999 (Public Law <<NOTE: 42 USC 2458b note.>> 105-276) is
repealed.
TITLE V--PRESERVATION <<NOTE: Preserving Affordable Housing for Senior
Citizens and Families into the 21st Century Act.>> OF AFFORDABLE
HOUSING
SEC. 501. SHORT TITLE AND TABLE OF CONTENTS.
(a) Short Title.--This <<NOTE: 12 USC 1701 note.>> title may be
cited as the ``Preserving Affordable Housing for Senior Citizens and
Families into the 21st Century Act''.
(b) Table of Contents.--The table of contents for this title is as
follows:
Sec. 501. Short title and table of contents.
Sec. 502. Regulations.
Sec. 503. Effective date.
Subtitle A--Authorization of Appropriations for Supportive Housing for
the Elderly and Persons With Disabilities
Sec. 511. Supportive housing for elderly persons.
Sec. 512. Supportive housing for persons with disabilities.
Sec. 513. Service coordinators and congregate services for elderly and
disabled housing.
Subtitle B--Expanding Housing Opportunities for the Elderly and Persons
With Disabilities
Sec. 521. Study of debt forgiveness for section 202 loans.
[[Page 113 STAT. 1101]]
Sec. 522. Grants for conversion of elderly housing to assisted living
facilities.
Sec. 523. Use of section 8 assistance for assisted living facilities.
Sec. 524. Size limitation for projects for persons with disabilities.
Sec. 525. Commission on Affordable Housing and Health Care Facility
Needs in the 21st Century.
Subtitle C--Renewal of Expiring Rental Assistance Contracts and
Protection of Residents
Sec. 531. Renewal of expiring contracts and enhanced vouchers for
project
residents.
Sec. 532. Section 236 assistance.
Sec. 533. Rehabilitation of assisted housing.
Sec. 534. Technical assistance.
Sec. 535. Termination of section 8 contract and duration of renewal
contract.
Sec. 536. Eligibility of residents of flexible subsidy projects for
enhanced vouchers.
Sec. 537. Enhanced disposition authority.
Sec. 538. Unified enhanced voucher authority.
SEC. 502. <<NOTE: 12 USC 1701q note.>> REGULATIONS.
The Secretary of Housing and Urban Development shall issue any
regulations to carry out this title and the amendments made by this
title that the Secretary determines may or will affect tenants of
federally assisted housing only after notice and opportunity for public
comment in accordance with the procedure under section 553 of title 5,
United States Code, applicable to substantive rules (notwithstanding
subsections (a)(2), (b)(B), and (d)(3) of such section).
Notice <<NOTE: Notice. Federal Register, publication.>> of such
proposed rulemaking shall be provided by publication in the Federal
Register. In issuing such regulations, the Secretary shall take such
actions as may be necessary to ensure that such tenants are notified of,
and provided an opportunity to participate in, the rulemaking, as
required by such section 553.
SEC. 503. <<NOTE: 12 USC 1701q note.>> EFFECTIVE DATE.
(a) In General.--The provisions of this title and the amendments
made by this title are effective as of the date of the enactment of this
Act, unless such provisions or amendments specifically provide for
effectiveness or applicability upon another date certain.
(b) Effect of Regulatory Authority.--Any authority in this title or
the amendments made by this title to issue regulations, and any specific
requirement to issue regulations by a date certain, may not be construed
to affect the effectiveness or applicability of the provisions of this
title or the amendments made by this title under such provisions and
amendments and subsection (a) of this section.
Subtitle A--Authorization of Appropriations for Supportive Housing for
the
Elderly and Persons With Disabilities
SEC. 511. SUPPORTIVE HOUSING FOR ELDERLY PERSONS.
Section 202 of the Housing Act of 1959 (12 U.S.C. 1701q) is amended
by adding at the end the following new subsection:
``(m) Authorization of Appropriations.--There is authorized to be
appropriated for providing assistance under this section $710,000,000
for fiscal year 2000.''.
SEC. 512. SUPPORTIVE HOUSING FOR PERSONS WITH DISABILITIES.
Section 811 of the Cranston-Gonzalez National Affordable Housing Act
(42 U.S.C. 8013) is amended--
[[Page 113 STAT. 1102]]
(1) by redesignating subsection (m) as subsection (n); and
(2) by inserting after subsection (l) the following new
subsection:
``(m) Authorization of Appropriations.--There is authorized to be
appropriated for providing assistance under this section $201,000,000
for fiscal year 2000.''.
SEC. 513. SERVICE COORDINATORS AND CONGREGATE SERVICES FOR ELDERLY AND
DISABLED HOUSING.
(a) Authorization of Appropriations for Federally Assisted
Housing.--There is authorized to be appropriated to the Secretary of
Housing and Urban Development $50,000,000 for fiscal year 2000 for the
following purposes:
(1) Grants for service coordinators for certain
federally assisted multifamily housing.--For grants under
section 676 of the Housing and Community Development Act of 1992
(42 U.S.C. 13632) for providing service coordinators.
(2) Congregate services for federally assisted housing.--For
contracts under section 802 of the Cranston-Gonzalez National
Affordable Housing Act (42 U.S.C. 8011) to provide congregate
services programs for eligible residents of eligible housing
projects under subparagraphs (B) through (D) of subsection
(k)(6) of such section.
(b) Public Housing.--There is authorized to be appropriated to the
Secretary of Housing and Urban Development such sums as may be necessary
for fiscal year 2000 for grants for use only for activities described in
paragraph (2) of section 34(b) of the United States Housing Act of 1937
(42 U.S.C. 1437z-6(b)(2)) for renewal of all grants made in prior fiscal
years for providing service coordinators and congregate services for the
elderly and disabled in public housing.
Subtitle B--Expanding Housing Opportunities for the Elderly and Persons
With Disabilities
SEC. 521. STUDY OF DEBT FORGIVENESS FOR SECTION 202 LOANS.
(a) In General.--The Secretary of Housing and Urban Development
shall conduct an analysis of the net impact on the Federal budget
deficit or surplus of making available, on a one-time basis, to sponsors
of projects assisted under section 202 of the Housing Act of 1959 (as in
effect before the enactment of the Cranston-Gonzalez National Affordable
Housing Act), forgiveness of any indebtedness to the Secretary relating
to any remaining principal and interest under loans made under such
section, together with a dollar-for-dollar reduction in the amount of
rental assistance under section 8 of the United States Housing Act of
1937 or other rental assistance provided for such project. Such analysis
shall take into consideration the full cost of future appropriations for
rental assistance under such section 8 expected to be provided if such
debt forgiveness does not take place, notwithstanding current budgetary
treatment of such actions pursuant to the Congressional Budget Act of
1974.
(b) Report.--Not <<NOTE: Deadline.>> later than the expiration of
the 3-month period beginning on the date of the enactment of this Act,
the
[[Page 113 STAT. 1103]]
Secretary of Housing and Urban Development shall submit a report to the
Congress containing the quantitative results of the analysis and an
enumeration of any project or administrative benefits of such actions.
SEC. 522. GRANTS FOR CONVERSION OF ELDERLY HOUSING TO ASSISTED LIVING
FACILITIES.
Title II of the Housing Act of 1959 is amended by inserting after
section 202a (12 U.S.C. 1701q-1) the following new section:
``SEC. 202b. GRANTS <<NOTE: 12 USC 1701q-2.>> FOR CONVERSION OF ELDERLY
HOUSING TO ASSISTED LIVING FACILITIES.
``(a) Grant Authority.--The Secretary of Housing and Urban
Development may make grants in accordance with this section to owners of
eligible projects described in subsection (b) for one or both of the
following activities:
``(1) Repairs.--Substantial capital repairs to projects that
are needed to rehabilitate, modernize, or retrofit aging
structures, common areas, or individual dwelling units.
``(2) Conversion.--Activities designed to convert dwelling
units in the eligible project to assisted living facilities for
elderly persons.
``(b) Eligible Projects.--An eligible project described in this
subsection is a multifamily housing project that is--
``(1)(A) described in subparagraph (B), (C), (D), (E), (F),
or (G) of section 683(2) of the Housing and Community
Development Act of 1992 (42 U.S.C. 13641(2)), or (B) only to the
extent amounts of the Department of Agriculture are made
available to the Secretary of Housing and Urban Development for
such grants under this section for such projects, subject to a
loan made or insured under section 515 of the Housing Act of
1949 (42 U.S.C. 1485);
``(2) owned by a private nonprofit organization (as such
term is defined in section 202); and
``(3) designated primarily for occupancy by elderly persons.
Notwithstanding any other provision of this subsection or this section,
an unused or underutilized commercial property may be considered an
eligible project under this subsection, except that the Secretary may
not provide grants under this section for more than three such
properties. For any such projects, any reference under this section to
dwelling units shall be considered to refer to the premises of such
properties.
``(c) Applications.--Applications <<NOTE: Procedures.>> for grants
under this section shall be submitted to the Secretary in accordance
with such procedures as the Secretary shall establish. Such applications
shall contain--
``(1) a description of the substantial capital repairs or
the proposed conversion activities for which a grant under this
section is requested;
``(2) the amount of the grant requested to complete the
substantial capital repairs or conversion activities;
``(3) a description of the resources that are expected to be
made available, if any, in conjunction with the grant under this
section; and
``(4) such other information or certifications that the
Secretary determines to be necessary or appropriate.
``(d) Funding for Services.--The Secretary may not make a grant
under this section for conversion activities unless the
[[Page 113 STAT. 1104]]
application contains sufficient evidence, in the determination of the
Secretary, of firm commitments for the funding of services to be
provided in the assisted living facility, which may be provided by third
parties.
``(e) Selection Criteria.--The Secretary shall select applications
for grants under this section based upon selection criteria, which shall
be established by the Secretary and shall include--
``(1) in the case of a grant for substantial capital
repairs, the extent to which the project to be repaired is in
need of such repair, including such factors as the age of
improvements to be repaired, and the impact on the health and
safety of residents of failure to make such repairs;
``(2) in the case of a grant for conversion activities, the
extent to which the conversion is likely to provide assisted
living facilities that are needed or are expected to be needed
by the categories of elderly persons that the assisted living
facility is intended to serve, with a special emphasis on very
low-income elderly persons who need assistance with activities
of daily living;
``(3) the inability of the applicant to fund the repairs or
conversion activities from existing financial resources, as
evidenced by the applicant's financial records, including assets
in the applicant's residual receipts account and reserves for
replacement account;
``(4) the extent to which the applicant has evidenced
community support for the repairs or conversion, by such
indicators as letters of support from the local community for
the repairs or conversion and financial contributions from
public and private sources;
``(5) in the case of a grant for conversion activities, the
extent to which the applicant demonstrates a strong commitment
to promoting the autonomy and independence of the elderly
persons that the assisted living facility is intended to serve;
``(6) in the case of a grant for conversion activities, the
quality, completeness, and managerial capability of providing
the services which the assisted living facility intends to
provide to elderly residents, especially in such areas as meals,
24-hour staffing, and on-site health care; and
``(7) such other criteria as the Secretary determines to be
appropriate to ensure that funds made available under this
section are used effectively.
``(f ) Definitions.--For the purposes of this section--
``(1) the term `assisted living facility' has the meaning
given such term in section 232(b) of the National Housing Act
(12 U.S.C. 1715w(b)); and
``(2) the definitions in section 202(k) shall apply.
``(g) Authorization of Appropriations.--There is authorized to be
appropriated for providing grants under this section such sums as may be
necessary for fiscal year 2000.''.
SEC. 523. USE OF SECTION 8 ASSISTANCE FOR ASSISTED LIVING FACILITIES.
(a) Voucher Assistance.--Section 8(o) of the United States Housing
Act of 1937 (42 U.S.C. 1437f(o)) is amended by adding at the end the
following new paragraph:
``(18) Rental assistance for assisted living facilities.--
[[Page 113 STAT. 1105]]
``(A) In general.--A public housing agency may make
assistance payments on behalf of a family that uses an
assisted living facility as a principal place of
residence and that uses such supportive services made
available in the facility as the agency may require.
Such payments may be made only for covering costs of
rental of the dwelling unit in the assisted living
facility and not for covering any portion of the cost of
residing in such facility that is attributable to
service relating to assisted living.
``(B) Rent calculation.--
``(i) Charges included.--For assistance
pursuant to this paragraph, the rent of the
dwelling unit that is an assisted living facility
with respect to which assistance payments are made
shall include maintenance and management charges
related to the dwelling unit and tenant-paid
utilities. Such rent shall not include any charges
attributable to services relating to assisted
living.
``(ii) Payment standard.--In determining the
monthly assistance that may be paid under this
paragraph on behalf of any family residing in an
assisted living facility, the public housing
agency shall utilize the payment standard
established under paragraph (1), for the market
area in which the assisted living facility is
located, for the applicable size dwelling unit.
``(iii) Monthly assistance payment.--The
monthly assistance payment for a family assisted
under this paragraph shall be determined in
accordance with paragraph (2) (using the rent and
payment standard for the dwelling unit as
determined in accordance with this subsection).
``(C) Definition.--For the purposes of this
paragraph, the term `assisted living facility' has the
meaning given that term in section 232(b) of the
National Housing Act (12 U.S.C. 1715w(b)), except that
such a facility may be contained within a portion of a
larger multifamily housing project.''.
(b) Project-Based Assistance.--Section 202b of the Housing Act of
1959, as added by section 522 of this Act, <<NOTE: Ante, p. 1103.>> is
amended--
(1) by redesignating subsections (f ) and (g) as subsections
(g) and (h), respectively; and
(2) by inserting after subsection (e) the following new
subsection:
``(f ) Section 8 Project-Based Assistance.--
``(1) Eligibility.--Notwithstanding any other provision of
law, a multifamily project which includes one or more dwelling
units that have been converted to assisted living facilities
using grants made under this section shall be eligible for
project-based assistance under section 8 of the United States
Housing Act of 1937, in the same manner in which the project
would be eligible for such assistance but for the assisted
living facilities in the project.
``(2) Calculation of rent.--For assistance pursuant to this
subsection, the maximum monthly rent of a dwelling unit that is
an assisted living facility with respect to which assistance
payments are made shall not include charges attributable to
services relating to assisted living.''.
[[Page 113 STAT. 1106]]
SEC. 524. SIZE LIMITATION FOR PROJECTS FOR PERSONS WITH DISABILITIES.
(a) Limitation.--Section 811 of the Cranston-Gonzalez National
Affordable Housing Act (42 U.S.C. 8013) is amended--
(1) in subsection (k)(4), by inserting ``, subject to the
limitation under subsection (h)(6)'' after ``prescribe''; and
(2) in subsection (l), by adding at the end the following
new paragraph:
``(4) Size limitation.--Of any amounts made available for
any fiscal year and used for capital advances or project rental
assistance under paragraphs (1) and (2) of subsection (d), not
more than 25 percent may be used for supportive housing which
contains more than 24 separate dwelling units.''.
(b) Study.--Not <<NOTE: Deadline. Reports.>> later than the
expiration of the 3-month period beginning on the date of the enactment
of this Act, the Secretary of Housing and Urban Development shall
conduct a study and submit a report to the Congress regarding--
(1) the extent to which the authority of the Secretary under
section 811(k)(4) of the Cranston-Gonzalez National Affordable
Housing Act (42 U.S.C. 8013(k)(4)), as in effect immediately
before the enactment of this Act, has been used in each year
since 1990 to provide for assistance under such section for
supportive housing for persons with disabilities having more
than 24 separate dwelling units;
(2) the per-unit costs of, and the benefits and problems
associated with, providing such housing in projects having eight
or less dwelling units, 8 to 24 units, and more than 24 units;
and
(3) the per-unit costs of, and the benefits and problems
associated with providing housing under section 202 of the
Housing Act of 1959 (12 U.S.C. 1701q) in projects having 30 to
50 dwelling units, in projects having more than 50 but not more
than 80 dwelling units, in projects having more than 80 but not
more than 120 dwelling units, and in projects having more than
120 dwelling units, but the study shall also examine the social
considerations afforded by smaller and moderate-size
developments and shall not be limited to economic factors.
SEC. 525. COMMISSION <<NOTE: 42 USC 12701 note.>> ON AFFORDABLE HOUSING
AND HEALTH CARE FACILITY NEEDS IN THE 21ST CENTURY.
(a) Establishment.--There is hereby established a commission to be
known as the Commission on Affordable Housing and Health Care Facility
Needs in the 21st Century (in this section referred to as the
``Commission''.
(b) Study.--The duty of the Commission shall be to conduct a study
that--
(1) compiles and interprets information regarding the
expected increase in the population of persons 62 years of age
or older, particularly information regarding distribution of
income levels, homeownership and home equity rates, and degree
or extent of health and independence of living;
(2) provides an estimate of the future needs of seniors for
affordable housing and assisted living and health care
facilities;
(3) provides a comparison of estimate of such future needs
with an estimate of the housing and facilities expected to be
[[Page 113 STAT. 1107]]
provided under existing public programs, and identifies possible
actions or initiatives that may assist in providing affordable
housing and assisted living and health care facilities to meet
such expected needs;
(4) identifies and analyzes methods of encouraging increased
private sector participation, investment, and capital formation
in affordable housing and assisted living and health care
facilities for seniors through partnerships between public and
private entities and other creative strategies;
(5) analyzes the costs and benefits of comprehensive aging-
in-place strategies, taking into consideration physical and
mental well-being and the importance of coordination between
shelter and supportive services;
(6) identifies and analyzes methods of promoting a more
comprehensive approach to dealing with housing and supportive
service issues involved in aging and the multiple governmental
agencies involved in such issues, including the Department of
Housing and Urban Development and the Department of Health and
Human Services; and
(7) examines how to establish intergenerational learning and
care centers and living arrangements, in particular to
facilitate appropriate environments for families consisting only
of children and a grandparent or grandparents who are the head
of the household.
(c) Membership.--
(1) Number <<NOTE: Deadline.>> and Appointment.--The
Commission shall be composed of 14 members, appointed not later
than January 1, 2000, as follows:
(A) Two co-chairpersons, of whom--
(i) one co-chairperson shall be appointed by a
committee consisting of the chairman of the
Subcommittee on Housing and Community
Opportunities of the House of Representatives and
the chairman of the Subcommittee on Housing and
Transportation of the Senate, and the chairmen of
the Subcommittees on the Departments of Veterans
Affairs and Housing and Urban Development, and
Independent Agencies of the Committees on
Appropriations of the House of Representatives and
the Senate; and
(ii) one co-chairperson shall be appointed by
a committee consisting of the ranking minority
member of the Subcommittee on Housing and
Community Opportunities of the House of
Representatives and the ranking minority member of
the Subcommittee on Housing and Transportation of
the Senate, and the ranking minority members of
the Subcommittees on the Departments of Veterans
Affairs and Housing and Urban Development, and
Independent Agencies of the Committees on
Appropriations of the House of Representatives and
the Senate.
(B) Six members appointed by the Chairman and
Ranking Minority Member of the Committee on Banking and
Financial Services of the House of Representatives and
the Chairman and Ranking Minority Member of the
Committee on Appropriations of the House of
Representatives.
[[Page 113 STAT. 1108]]
(C) Six members appointed by the Chairman and
Ranking Minority Member of the Committee on Banking,
Housing, and Urban Affairs of the Senate and the
Chairman and Ranking Minority Member of the Committee on
Appropriations of the Senate.
(2) Qualifications.--Appointees should have proven expertise
in directing, assembling, or applying capital resources from a
variety of sources to the successful development of affordable
housing, assisted living facilities, or health care facilities.
(3) Vacancies.--Any vacancy on the Commission shall not
affect its powers and shall be filled in the manner in which the
original appointment was made.
(4) Chairpersons.--The members appointed pursuant to
paragraph (1)(A) shall serve as co-chairpersons of the
Commission.
(5) Prohibition of pay.--Members of the Commission shall
serve without pay.
(6) Travel expenses.--Each member of the Commission shall
receive travel expenses, including per diem in lieu of
subsistence, in accordance with sections 5702 and 5703 of title
5, United States Code.
(7) Quorum.--A majority of the members of the Commission
shall constitute a quorum but a lesser number may hold hearings.
(8) Meetings.--The Commission shall meet at the call of the
Chairpersons.
(d) Director and Staff.--
(1) Director.--The Commission shall have a Director who
shall be appointed by the Chairperson. The Director shall be
paid at a rate not to exceed the rate of basic pay payable for
level V of the Executive Schedule.
(2) Staff.--The Commission may appoint personnel as
appropriate. The staff of the Commission shall be appointed
subject to the provisions of title 5, United States Code,
governing appointments in the competitive service, and shall be
paid in accordance with the provisions of chapter 51 and
subchapter III of chapter 53 of that title relating to
classification and General Schedule pay rates.
(3) Experts and consultants.--The Commission may procure
temporary and intermittent services under section 3109(b) of
title 5, United States Code, but at rates for individuals not to
exceed the daily equivalent of the maximum annual rate of basic
pay payable for the General Schedule.
(4) Staff of federal agencies.--Upon request of the
Commission, the head of any Federal department or agency may
detail, on a reimbursable basis, any of the personnel of that
department or agency to the Commission to assist it in carrying
out its duties under this Act.
(e) Powers.--
(1) Hearings and sessions.--The Commission may, for the
purpose of carrying out this section, hold hearings, sit and act
at times and places, take testimony, and receive evidence as the
Commission considers appropriate.
(2) Powers of members and agents.--Any member or agent of
the Commission may, if authorized by the Commission,
[[Page 113 STAT. 1109]]
take any action which the Commission is authorized to take by
this section.
(3) Obtaining official data.--The Commission may secure
directly from any department or agency of the United States
information necessary to enable it to carry out this Act. Upon
request of the Chairpersons of the Commission, the head of that
department or agency shall furnish that information to the
Commission.
(4) Gifts, bequests, and devises.--The Commission may
accept, use, and dispose of gifts, bequests, or devises of
services or property, both real and personal, for the purpose of
aiding or facilitating the work of the Commission. Gifts,
bequests, or devises of money and proceeds from sales of other
property received as gifts, bequests, or devises shall be
deposited in the Treasury and shall be available for
disbursement upon order of the Commission.
(5) Mails.--The Commission may use the United States mails
in the same manner and under the same conditions as other
departments and agencies of the United States.
(6) Administrative support services.--Upon the request of
the Commission, the Administrator of General Services shall
provide to the Commission, on a reimbursable basis, the
administrative support services necessary for the Commission to
carry out its responsibilities under this section.
(7) Contract authority.--The Commission may contract with
and compensate Government and private agencies or persons for
services, without regard to section 3709 of the Revised Statutes
(41 U.S.C. 5).
(f ) Report.--The <<NOTE: Deadline.>> Commission shall submit to
the Committees on Banking and Financial Services and Appropriations of
the House of Representatives and the Committees on Banking, Housing, and
Urban Affairs and Appropriations of the Senate, a final report not later
than December 31, 2001. The report shall contain a detailed statement of
the findings and conclusions of the Commission with respect to the study
conducted under subsection (b), together with its recommendations for
legislation, administrative actions, and any other actions the
Commission considers appropriate.
(g) Termination.--The Commission shall terminate on June 30, 2002.
Section 14(a)(2)(B) of the Federal Advisory Committee Act (5 U.S.C.
App.; relating to the termination of advisory committees) shall not
apply to the Commission.
Subtitle C--Renewal of Expiring Rental Assistance Contracts and
Protection of Residents
SEC. 531. RENEWAL OF EXPIRING CONTRACTS AND ENHANCED VOUCHERS FOR
PROJECT RESIDENTS.
(a) In General.--Section 524 of the Multifamily Assisted Housing
Reform and Affordability Act of 1997 (42 U.S.C. 1437f note) is amended
to read as follows:
[[Page 113 STAT. 1110]]
``SEC. 524. RENEWAL OF EXPIRING PROJECT-BASED SECTION 8 CONTRACTS.
``(a) In General.--
``(1) Renewal.--Subject to paragraph (2), upon termination
or expiration of a contract for project-based assistance under
section 8 for a multifamily housing project (and notwithstanding
section 8(v) of the United States Housing Act of 1937 for loan
management assistance), the Secretary shall, at the request of
the owner of the project and to the extent sufficient amounts
are made available in appropriation Acts, use amounts available
for the renewal of assistance under section 8 of such Act to
provide such assistance for the project. The assistance shall be
provided under a contract having such terms and conditions as
the Secretary considers appropriate, subject to the requirements
of this section. This section shall not require contract renewal
for a project that is eligible under this subtitle for a
mortgage restructuring and rental assistance sufficiency plan,
if there is no approved plan for the project and the Secretary
determines that such an approved plan is necessary.
``(2) Prohibition on renewal.--Notwithstanding part 24 of
title 24 of the Code of Federal Regulations, the Secretary may
elect not to renew assistance for a project otherwise required
to be renewed under paragraph (1) or provide comparable benefits
under paragraph (1) or (2) of subsection (e) for a project
described in either such paragraph, if the Secretary determines
that a violation under paragraphs (1) through (4) of section
516(a) has occurred with respect to the project. For purposes of
such a determination, the provisions of section 516 shall apply
to a project under this section in the same manner and to the
same extent that the provisions of such section apply to
eligible multifamily housing projects, except that the Secretary
shall make the determination under section 516(a)(4).
``(3) Contract term for mark-up-to-market contracts.--In the
case of an expiring or terminating contract that has rent levels
less than comparable market rents for the market area, if the
rent levels under the renewal contract under this section are
equal to comparable market rents for the market area, the
contract shall have a term of not less than 5 years, subject to
the availability of sufficient amounts in appropriation Acts.
``(4) Renewal rents.--Except as provided in subsection (b),
the contract for assistance shall provide assistance at the
following rent levels:
``(A) Market rents.--At the request of the owner of
the project, at rent levels equal to the lesser of
comparable market rents for the market area or 150
percent of the fair market rents, in the case only of a
project that--
``(i) has rent levels under the expiring or
terminating contract that do not exceed such
comparable market rents;
``(ii) does not have a low- and moderate-
income use restriction that can not be eliminated
by unilateral action by the owner;
``(iii) is decent, safe, and sanitary housing,
as determined by the Secretary;
``(iv) is not--
[[Page 113 STAT. 1111]]
``(I) owned by a nonprofit entity;
``(II) subject to a contract for
moderate rehabilitation assistance under
section 8(e)(2) of the United States
Housing Act of 1937, as in effect before
October 1, 1991; or
``(III) a project for which the
public housing agency provided voucher
assistance to one or more of the tenants
after the owner has provided notice of
termination of the contract covering the
tenant's unit; and
``(v) has units assisted under the contract
for which the comparable market rent exceeds 110
percent of the fair market rent.
The Secretary may adjust the percentages of fair market
rent (as specified in the matter preceding clause (i)
and in clause (v)), but only upon a determination and
written notification to the Congress within 10 days of
making such determination, that such adjustment is
necessary to ensure that this subparagraph covers
projects with a high risk of nonrenewal of expiring
contracts for project-based assistance.
``(B) Reduction to market rents.--In the case of a
project that has rent levels under the expiring or
terminating contract that exceed comparable market rents
for the market area, at rent levels equal to such
comparable market rents.
``(C) Rents not exceeding market rents.--In the case
of a project that is not subject to subparagraph (A) or
(B), at rent levels that--
``(i) are not less than the existing rents
under the terminated or expiring contract, as
adjusted by an operating cost adjustment factor
established by the Secretary (which shall not
result in a negative adjustment), if such adjusted
rents do not exceed comparable market rents for
the market area; and
``(ii) do not exceed comparable market rents
for the market area.
In determining the rent level for a contract under this
subparagraph, the Secretary shall approve rents
sufficient to cover budget-based cost increases and
shall give greater consideration to providing rent at a
level up to comparable market rents for the market area
based on the number of the criteria under clauses (i)
through (iii) of subparagraph (D) that the project
meets.
``(D) Waiver of 150 percent limitation.--
Notwithstanding subparagraph (A), at rent levels up to
comparable market rents for the market area, in the case
of a project that meets the requirements under clauses
(i) through (v) of subparagraph (A) and--
``(i) has residents who are a particularly
vulnerable population, as demonstrated by a high
percentage of units being rented to elderly
families, disabled families, or large families;
``(ii) is located in an area in which tenant-
based assistance would be difficult to use, as
demonstrated by a low vacancy rate for affordable
housing, a high
[[Page 113 STAT. 1112]]
turnback rate for vouchers, or a lack of
comparable rental housing; or
``(iii) is a high priority for the local
community, as demonstrated by a contribution of
State or local funds to the property.
In determining the rent level for a contract under this
subparagraph, the Secretary shall approve rents
sufficient to cover budget-based cost increases and
shall give greater consideration to providing rent at a
level up to comparable market rents for the market area
based on the number of the criteria under clauses (i)
through (iv) that the project meets.
``(5) Comparable market rents and comparison with fair
market rents.--The Secretary shall prescribe the method for
determining comparable market rent by comparison with rents
charged for comparable properties (as such term is defined in
section 512), which may include appropriate adjustments for
utility allowances and adjustments to reflect the value of any
subsidy (other than section 8 assistance) provided by the
Department of Housing and Urban Development.
``(b) Exception Rents.--
``(1) Renewal.--In the case of a multifamily housing project
described in paragraph (2), pursuant to the request of the owner
of the project, the contract for assistance for the project
pursuant to subsection (a) shall provide assistance at the
lesser of the following rent levels:
``(A) Adjusted existing rents.--The existing rents
under the expiring contract, as adjusted by an operating
cost adjustment factor established by the Secretary
(which shall not result in a negative adjustment).
``(B) Budget-based rents.--Subject to a
determination by the Secretary that a rent level under
this subparagraph is appropriate for a project, a rent
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).
``(2) Projects covered.--A multifamily housing project
described in this paragraph is a multifamily housing project
that--
``(A) is not an eligible multifamily housing project
under section 512(2); or
``(B) is exempt from mortgage restructuring under
this subtitle pursuant to section 514(h).
``(3) Moderate rehabilitation projects.--In the case of a
project with a contract under the moderate rehabilitation
program, other than a moderate rehabilitation contract under
section 441 of the Stewart B. McKinney Homeless Assistance Act,
pursuant to the request of the owner of the project, the
contract for assistance for the project pursuant to subsection
(a) shall provide assistance at the lesser of the following rent
levels:
``(A) Adjusted existing rents.--The existing rents
under the expiring contract, as adjusted by an operating
cost adjustment factor established by the Secretary
(which shall not result in a negative adjustment).
``(B) Fair market rents.--Fair market rents (less
any amounts allowed for tenant-purchased utilities).
[[Page 113 STAT. 1113]]
``(C) Market rents.--Comparable market rents for the
market area.
``(c) Rent Adjustments After Renewal of Contract.--
``(1) Required.--After the initial renewal of a contract for
assistance under section 8 of the United States Housing Act of
1937 pursuant to subsection (a), (b)(1), or (e)(2), the
Secretary shall annually adjust the rents using an operating
cost adjustment factor established by the Secretary (which shall
not result in a negative adjustment) or, upon the request of the
owner and subject to approval of the Secretary, on a budget
basis. In the case of projects with contracts renewed pursuant
to subsection (a) or pursuant to subsection (e)(2) at rent
levels equal to comparable market rents for the market area, at
the expiration of each 5-year period, the Secretary shall
compare existing rents with comparable market rents for the
market area and may make any adjustments in the rent necessary
to maintain the contract rents at a level not greater than
comparable market rents or to increase rents to comparable
market rents.
``(2) Discretionary.--In addition to review and adjustment
required under paragraph (1), in the case of projects with
contracts renewed pursuant to subsection (a) or pursuant to
subsection (e)(2) at rent levels equal to comparable market
rents for the market area, the Secretary may, at the discretion
of the Secretary but only once within each 5-year period
referred to in paragraph (1), conduct a comparison of rents for
a project and adjust the rents accordingly to maintain the
contract rents at a level not greater than comparable market
rents or to increase rents to comparable market rents.
``(d) Enhanced Vouchers Upon Contract Expiration.--
``(1) In general.--In the case of a contract for project-
based assistance under section 8 for a covered project that is
not renewed under subsection (a) or (b) of this section (or any
other authority), to the extent that amounts for assistance
under this subsection are provided in advance in appropriation
Acts, upon the date of the expiration of such contract the
Secretary shall make enhanced voucher assistance under section
8(t) of the United States Housing Act of 1937 (42 U.S.C.
1437f(t)) available on behalf of each low-income family who,
upon the date of such expiration, is residing in an assisted
dwelling unit in the covered project.
``(2) Definitions.--For purposes of this subsection, the
following definitions shall apply:
``(A) Assisted dwelling unit.--The term `assisted
dwelling unit' means a dwelling unit that--
``(i) is in a covered project; and
``(ii) is covered by rental assistance
provided under the contract for project-based
assistance for the covered project.
``(B) Covered project.--The term `covered project'
means any housing that--
``(i) consists of more than four dwelling
units;
``(ii) 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
[[Page 113 STAT. 1114]]
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 (as in
effect before October 1, 1991);
``(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,
which contract will (under its own terms) expire
during the period consisting of fiscal years 2000
through 2004; and
``(iii) is not housing for which residents are
eligible for enhanced voucher assistance as
provided, pursuant to 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; 110
Stat. 2884) or any other subsequently enacted
provision of law, in lieu of any benefits under
section 223 of the Low-Income Housing Preservation
and Resident Homeownership Act of 1990 (12 U.S.C.
4113).
``(4) Authorization of appropriations.--There are authorized
to be appropriated for each of fiscal years 2000, 2001, 2002,
2003, and 2004 such sums as may be necessary for enhanced
voucher assistance under this subsection.
``(e) Contractual Commitments Under Preservation Laws.--Except as
provided in subsection (a)(2) and notwithstanding any other provision of
this subtitle, the following shall apply:
``(1) Preservation projects.--Upon expiration of a contract
for assistance under section 8 for a project that is subject to
an approved plan of action under the Emergency Low Income
Housing Preservation Act of 1987 (12 U.S.C. 1715l note) or the
Low-Income Housing Preservation and Resident Homeownership Act
of 1990 (12 U.S.C. 4101 et seq.), to the extent amounts are
specifically made available in appropriation Acts, the Secretary
shall provide to the owner benefits comparable to those provided
under such plan of action, including distributions, rent
increase procedures, and duration of low-income affordability
restrictions. <<NOTE: Applicability.>> This paragraph shall
apply to projects with contracts expiring before, on, or after
the date of the enactment of this section.
``(2) Demonstration projects.--
``(A) In general.--Upon expiration of a contract for
assistance under section 8 for a project entered into
pursuant to any authority specified in subparagraph (B)
for
[[Page 113 STAT. 1115]]
which the Secretary determines that debt restructuring
is inappropriate, the Secretary shall, at the request of
the owner of the project and to the extent sufficient
amounts are made available in appropriation Acts,
provide benefits to the owner comparable to those
provided under such contract, including annual
distributions, rent increase procedures, and duration of
low-income affordability restrictions.
This <<NOTE: Applicability.>> paragraph shall apply to
projects with contracts expiring before, on, or after
the date of the enactment of this section.
``(B) Demonstration programs.--The authority
specified in this subparagraph is the authority under--
``(i) section 210 of the Departments of
Veterans Affairs and Housing and Urban
Development, and Independent Agencies
Appropriations Act, 1996 (Public Law 104-134; 110
Stat. 1321-285; 42 U.S.C. 1437f note);
``(ii) section 212 of the Departments of
Veterans Affairs and Housing and Urban
Development, and Independent Agencies
Appropriations Act, 1997 (Public Law 104-204; 110
Stat. 2897; 42 U.S.C. 1437f note); and
``(iii) either of such sections, pursuant to
any provision of this title.
``(f ) Preemption of Conflicting State Laws Limiting
Distributions.--
``(1) In general.--Except as provided in paragraph (2), no
State or political subdivision of a State may establish,
continue in effect, or enforce any law or regulation that limits
or restricts, to an amount that is less than the amount provided
for under the regulations of the Secretary establishing
allowable project distributions to provide a return on
investment, the amount of surplus funds accruing after the date
of the enactment of this section that may be distributed from
any multifamily housing project assisted under a contract for
rental assistance renewed under any provision of this section
(except subsection (b)) to the owner of the project.
``(2) Exception and waiver.--Paragraph (1) shall not apply
to any law or regulation to the extent such law or regulation
applies to--
``(A) a State-financed multifamily housing project;
or
``(B) a multifamily housing project for which the
owner has elected to waive the applicability of
paragraph (1).
``(3) Treatment of low-income use restrictions.--This
subsection may not be construed to provide for, allow, or result
in the release or termination, for any project, of any low- or
moderate-income use restrictions that can not be eliminated by
unilateral action of the owner of the project.
``(g) Applicability.--Except to the extent otherwise specifically
provided in this section, this section shall apply with respect to any
multifamily housing project having a contract for project-based
assistance under section 8 that terminates or expires during fiscal year
2000 or thereafter.''.
(b) Definition of Eligible Multifamily Housing Project.--Section
512(2) of the Multifamily Assisted Housing Reform and Affordability Act
of 1997 (42 U.S.C. 1437f note) is amended by inserting after and below
subparagraph (C) the following:
[[Page 113 STAT. 1116]]
``Such term does not include any project with an expiring
contract described in paragraph (1) or (2) of section 524(e).''.
(c) Projects Exempted From Restructuring Agreements.--Section 514(h)
of the Multifamily Assisted Housing Reform and Affordability Act of 1997
(42 U.S.C. 1437f note) is amended by inserting before the semicolon at
the end the following: ``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
subtitle is in conflict with applicable law or agreements governing such
financing''.
(d) Conforming Amendments.--Section 8 of the United States Housing
Act of 1937 (42 U.S.C. 1437f) is amended--
(1) by designating as subsection (v) the sentence added by
section 405(c) of The Balanced Budget Downpayment Act, I (Public
Law 104-99; 110 Stat. 44); and
(2) by striking subsection (w).
SEC. 532. SECTION 236 ASSISTANCE.
(a) Continued Receipt of Subsidies Upon Refinancing.--Section 236(e)
of the National Housing Act (12 U.S.C. 1715z-1(e)) is amended--
(1) by inserting ``(1)'' after ``(e)''; and
(2) by adding at the end the following new paragraph:
``(2) A project for which interest reduction payments are made under
this section and for which the mortgage on the project has been
refinanced shall continue to receive the interest reduction payments
under this section under the terms of the contract for such payments,
but only if the project owner enters into such binding commitments as
the Secretary may require (which shall be applicable to any subsequent
owner) to ensure that the owner will continue to operate the project in
accordance with all low-income affordability restrictions for the
project in connection with the Federal assistance for the project for a
period having a duration that is not less than the term for which such
interest reduction payments are made plus an additional 5 years.''.
(b) Retention of Excess Income.--Section 236(g) of the National
Housing Act (12 U.S.C. 1715z-1(g)) is amended--
(1) by inserting ``(1)'' after ``(g)'';
(2) by striking the last sentence; and
(3) by adding at the end the following new paragraphs:
``(2) Subject to paragraph (3) and notwithstanding any other
requirements of this subsection, a project owner may retain some or all
of such excess charges for project use if authorized by the Secretary.
Such excess charges shall be used for the project and upon terms and
conditions established by the Secretary, unless the Secretary permits
the owner to retain funds for non-project use after a determination that
the project is well-maintained housing in good condition and that the
owner has not engaged in material adverse financial or managerial
actions or omissions as described in section 516 of the Multifamily
Assisted Housing Reform and Affordability Act of 1997. In connection
with the retention of funds for non-project use, the Secretary may
require the project owner to enter into a binding commitment (which
shall be applicable to any subsequent owner) to ensure that the owner
will continue to operate the project in accordance with all low-income
affordability restrictions for the project in connection with
[[Page 113 STAT. 1117]]
the Federal assistance for the project for a period having a duration of
not less than the term of the existing affordability restrictions plus
an additional 5 years.
``(3) The <<NOTE: Applicability.>> authority under paragraph (2) to
retain and use excess charges shall apply--
``(A) during fiscal year 2000, to all project owners
collecting such excess charges; and
``(B) during fiscal year 2001 and thereafter--
``(i) to any owner of: (I) a project with a
mortgage insured under this section; (II) a
project with a mortgage formerly insured under
this section if such mortgage is held by the
Secretary and the owner of such project is current
with respect to the mortgage obligation; or (III)
a project previously assisted under subsection (b)
but without a mortgage insured under this section
if the project was insured under section 207 of
this Act before July 30, 1998, pursuant to section
223(f ) of this Act and assisted under subsection
(b); and
``(ii) to other project owners not referred to
in clause (i) who collect such excess charges, but
only to the extent that such retention and use is
approved in advance in an appropriation Act.''.
(c) Previously Owed Excess Income.--Section 236(g) of the National
Housing Act (12 U.S.C. 1715z-1(g)), as amended by subsection (b) of this
section, is further amended by adding at the end the following new
paragraph:
``(4) The Secretary shall not withhold approval of the retention by
the owner of such excess charges because of the existence of unpaid
excess charges if such unpaid amount is being remitted to the Secretary
over a period of time in accordance with a workout agreement with the
Secretary, unless the Secretary determines that the owner is in
violation of the workout agreement.''.
(d) Flexibility Regarding Basic Rents and Market Rents.--Section
236(f ) of the National Housing Act (12 U.S.C. 1715z-1(f )(1)) is
amended by striking the subsection designation and all that follows
through the end of paragraph (1) and inserting the following:
``(f )(1)(A)(i) For each dwelling unit there shall be established,
with the approval of the Secretary, a basic rental charge and fair
market rental charge.
``(ii) The basic rental charge shall be--
``(I) the amount needed to operate the project with payments
of principal and interest due under a mortgage bearing interest
at the rate of 1 percent per annum; or
``(II) an amount greater than that determined under clause
(ii)(I), but not greater than the market rent for a comparable
unassisted unit, reduced by the value of the interest reduction
payments subsidy.
``(iii) The fair market rental charge shall be--
``(I) the amount needed to operate the project with payments
of principal, interest, and mortgage insurance premium which the
mortgagor is obligated to pay under the mortgage covering the
project; or
``(II) an amount greater than that determined under clause
(iii)(I), but not greater than the market rent for a comparable
unassisted unit.
[[Page 113 STAT. 1118]]
``(iv) The Secretary may approve a basic rental charge and fair
market rental charge for a unit that exceeds the minimum amounts
permitted by this subparagraph for such charges only if--
``(I) the approved basic rental charge and fair market
rental charges each exceed the applicable minimum charge by the
same amount; and
``(II) the project owner agrees to restrictions on project
use or mortgage prepayment that are acceptable to the Secretary.
``(v) The Secretary may approve a basic rental charge and fair
market rental charge under this paragraph for a unit with assistance
under section 8 of the United States Housing Act of 1937 (42 U.S.C.
1437f) that differs from the basic rental charge and fair market rental
charge for a unit in the same project that is similar in size and
amenities but without such assistance, as needed to ensure equitable
treatment of tenants in units without such assistance.
``(B)(i) The rental charge for each dwelling unit shall be at the
basic rental charge or such greater amount, not exceeding the fair
market rental charge determined pursuant to subparagraph (A), as
represents 30 percent of the tenant's adjusted income, except as
otherwise provided in this subparagraph.
``(ii) In the case of a project which contains more than 5000 units,
is subject to an interest reduction payments contract, and is financed
under a State or local project, the Secretary may reduce the rental
charge ceiling, but in no case shall the rental charge be below the
basic rental charge set forth in subparagraph (A)(ii)(I).
``(iii) For plans of action approved for capital grants under the
Low-Income Housing Preservation and Resident Homeownership Act of 1990
or the Emergency Low Income Housing Preservation Act of 1987, the rental
charge for each dwelling unit shall be at the minimum basic rental
charge set forth in subparagraph (A)(ii)(I) or such greater amount, not
exceeding the lower of: (I) the fair market rental charge set forth in
subparagraph (A)(iii)(I); or (II) the actual rent paid for a comparable
unit in comparable unassisted housing in the market area in which the
housing assisted under this section is located, as represents 30 percent
of the tenant's adjusted income.
``(C) With respect to those projects which the Secretary determines
have separate utility metering paid by the tenants for some or all
dwelling units, the Secretary may--
``(i) permit the basic rental charge and the fair market
rental charge to be determined on the basis of operating the
project without the payment of the cost of utility services used
by such dwelling units; and
``(ii) permit the charging of a rental for such dwelling
units at such an amount less than 30 percent of a tenant's
adjusted income as the Secretary determines represents a
proportionate decrease for the utility charges to be paid by
such tenant, but in no case shall rental be lower than 25
percent of a tenant's adjusted income.''.
(e) Effective <<NOTE: 12 USC 1715z-1 note.>> Date of 1998
Provisions.--Section 236(g) of the National Housing Act (12 U.S.C.
1715z-1(g)), as amended by section 227 of the Departments of Veterans
Affairs and Housing and Urban Development, and Independent Agencies
Appropriations Act, 1999 (Public Law 105-276; 112 Stat. 2490) shall be
effective
[[Page 113 STAT. 1119]]
on the date of the enactment of such Public Law 105-276, and any excess
rental charges referred to in such section that have been collected
since such date of the enactment with respect to projects with mortgages
insured under section 207 of the National Housing Act (12 U.S.C. 1713)
may be retained by the project owner unless the Secretary of Housing and
Urban Development specifically provides otherwise. The Secretary may
return any excess charges remitted to the Secretary since such date of
the enactment.
(f ) Effective <<NOTE: Applicability. 12 USC 1715z-1 note.>>
Date.--This section shall take effect, and the amendments made by this
section are made and shall apply, on the date of the enactment of this
Act.
SEC. 533. REHABILITATION OF ASSISTED HOUSING.
(a) Rehabilitation Loans From Recaptured IRP Amounts.--Section
236(s) of the National Housing Act (12 U.S.C. 1715z-1(s)) is amended--
(1) by striking the subsection designation and heading and
inserting the following:
``(s) Grants and Loans for Rehabilitation of Multifamily Projects.--
'';
(2) in paragraph (1), by inserting ``and loans'' after
``grants'';
(3) in paragraph (2)--
(A) in the matter preceding subparagraph (A), by
striking ``capital grant assistance under this
subsection'' and inserting ``capital assistance under
this subsection under a grant or loan only''; and
(B) in subparagraph (D)(i), by striking ``capital
grant assistance'' and inserting ``capital assistance
under this subsection from a grant or loan (as
appropriate)'';
(4) in paragraph (3), by striking all of the matter that
precedes subparagraph (A) and inserting the following:
``(3) Eligible uses.--Amounts from a grant or loan under
this subsection may be used only for projects eligible under
paragraph (2) for the purposes of--'';
(5) in paragraph (4)--
(A) by striking the paragraph heading and inserting
``Grant and loan agreements''; and
(B) by inserting ``or loan'' after ``grant'', each
place it appears;
(6) in paragraph (5), by inserting ``or loan'' after
``grant'', each place it appears;
(7) in paragraph (6), by adding at the end the following new
subparagraph:
``(D) Loans.--In making loans under this subsection
using the amounts that the Secretary has recaptured from
contracts for interest reduction payments pursuant to
clause (i) or (ii) of paragraph (7)(A)--
``(i) the Secretary may use such recaptured
amounts for costs (as such term is defined in
section 502 of the Congressional Budget Act of
1974) of such loans; and
``(ii) the Secretary may make loans in any
fiscal year only to the extent or in such amounts
that amounts are used under clause (i) to cover
costs of such loans.'';
[[Page 113 STAT. 1120]]
(8) by redesignating paragraphs (5) and (6) (as amended by
the preceding provisions of this subsection) as paragraphs (6)
and (7); and
(9) by inserting after paragraph (4) the following new
paragraph:
``(5) Loan terms.--A loan under this subsection--
``(A) shall provide amounts for the eligible uses
under paragraph (3) in a single loan disbursement of
loan principal;
``(B) shall be repaid, as to principal and interest,
on behalf of the borrower using amounts recaptured from
contracts for interest reduction payments pursuant to
clause (i) or (ii) of paragraph (7)(A);
``(C) shall have a term to maturity of a duration
not shorter than the remaining period for which the
interest reduction payments for the insured mortgage or
mortgages that fund repayment of the loan would have
continued after extinguishment or writedown of the
mortgage (in accordance with the terms of such mortgage
in effect immediately before such extinguishment or
writedown);
``(D) shall bear interest at a rate, as determined
by the Secretary of the Treasury, that is based upon the
current market yields on outstanding marketable
obligations of the United States having comparable
maturities; and
``(E) shall involve a principal obligation of an
amount not exceeding the amount that can be repaid using
amounts described in subparagraph (B) over the term
determined in accordance with subparagraph (C), with
interest at the rate determined under subparagraph
(D).''.
(b) IRP Capital Grants Requirement for Extension of Low-Income
Affordability Requirements.--Section 236(s) of the National Housing Act
(12 U.S.C. 1715z-1(s)) is amended--
(1) in paragraph (2)--
(A) by redesignating subparagraphs (C) and (D), as
amended by the preceding provisions of this section, as
subparagraphs (D) and (E), respectively; and
(B) by inserting after subparagraph (B) the
following new subparagraph:
``(C) the project owner enters into such binding
commitments as the Secretary may require (which shall be
applicable to any subsequent owner) to ensure that the
owner will continue to operate the project in accordance
with all low-income affordability restrictions for the
project in connection with the Federal assistance for
the project for a period having a duration that is not
less than the period referred to in paragraph (5)(C);'';
and
(2) in paragraph (4)(B), by inserting ``and consistent with
paragraph (2)(C)'' before the period at the end.
SEC. 534. TECHNICAL ASSISTANCE.
Section 514(f )(3) of the Multifamily Assisted Housing Reform and
Affordability Act of 1997 (42 U.S.C. 1437f note) is amended by inserting
after ``new owners)'' the following: ``, for technical assistance for
preservation of low-income housing for which project-based rental
assistance is provided at below market rent levels
[[Page 113 STAT. 1121]]
and may not be renewed (including transfer of developments to tenant
groups, nonprofit organizations, and public entities),''.
SEC. 535. TERMINATION OF SECTION 8 CONTRACT AND DURATION OF RENEWAL
CONTRACT.
Section 8(c)(8) of the United States Housing Act of 1937 (42 U.S.C.
1437f(c)(8)) is amended--
(1) in subparagraph (A)--
(A) by striking ``terminating'' and inserting
``termination of''; and
(B) by striking the third comma of the first
sentence and all that follows through the end of the
subparagraph and inserting the following: ``.
The <<NOTE: Notice.>> notice shall also include a
statement that, if the Congress makes funds available,
the owner and the Secretary may agree to a renewal of
the contract, thus avoiding termination, and that in the
event of termination the Department of Housing and Urban
Development will provide tenant-based rental assistance
to all eligible residents, enabling them to choose the
place they wish to rent, which is likely to include the
dwelling unit in which they currently reside. Any
contract covered by this paragraph that is renewed may
be renewed for a period of up to 1 year or any number or
years, with payments subject to the availability of
appropriations for any year.'';
(2) by striking subparagraph (B);
(3) in subparagraph (C)--
(A) by striking the first sentence;
(B) by striking ``in the immediately preceding
sentence'';
(C) by striking ``180-day'' each place it appears;
(D) by striking ``such period'' and inserting ``1
year''; and
(E) by striking ``180 days'' and inserting ``1
year''; and
(4) by redesignating subparagraphs (C), (D), and (E), as
amended by the preceding provisions of this subsection, as
subparagraphs (B), (C), and (D), respectively.
SEC. 536. ELIGIBILITY OF RESIDENTS OF FLEXIBLE SUBSIDY PROJECTS FOR
ENHANCED VOUCHERS.
Section 201 of the Housing and Community Development Amendments of
1978 (12 U.S.C. 1715z-1a) is amended by adding at the end the following
new subsection:
``(p) Enhanced Voucher Eligibility.--Notwithstanding any other
provision of law, any project that receives or has received assistance
under this section and which is the subject of a transaction under which
the project is preserved as affordable housing, as determined by the
Secretary, shall be considered eligible low-income housing under section
229 of the Low-Income Housing Preservation and Resident Homeownership
Act of 1990 (12 U.S.C. 4119) for purposes of eligibility of residents of
such project for enhanced voucher assistance provided under section 8(t)
of the United States Housing Act of 1937 (42 U.S.C. 1437f(t)) (pursuant
to section 223(f ) of the Low-Income Housing Preservation and Resident
Homeownership Act of 1990 (12 U.S.C. 4113(f ))).''.
[[Page 113 STAT. 1122]]
SEC. 537. ENHANCED DISPOSITION AUTHORITY.
Section 204 of the Departments of Veterans Affairs and Housing and
Urban Development, and Independent Agencies Appropriations Act, 1997 (12
U.S.C. 1715z-11a) is amended--
(1) by striking ``and 1999'' and inserting ``1999, and
2000''; and
(2) by striking ``or demolition'' and inserting ``,
demolition, or construction on the properties (which shall be
eligible whether vacant or occupied)''.
SEC. 538. UNIFIED ENHANCED VOUCHER AUTHORITY.
(a) In General.--Section 8 of the United States Housing Act of 1937
(42 U.S.C. 1437f) is amended by inserting after subsection (s) the
following new subsection:
``(t) Enhanced Vouchers.--
``(1) In general.--Enhanced voucher assistance under this
subsection for a family shall be voucher assistance under
subsection (o), except that under such enhanced voucher
assistance--
``(A) subject only to subparagraph (D), the assisted
family shall pay as rent no less than the amount the
family was paying on the date of the eligibility event
for the project in which the family was residing on such
date;
``(B) during any period that the assisted family
continues residing in the same project in which the
family was residing on the date of the eligibility event
for the project, if the rent for the dwelling unit of
the family in such project exceeds the applicable
payment standard established pursuant to subsection (o)
for the unit, the amount of rental assistance provided
on behalf of the family shall be determined using a
payment standard that is equal to the rent for the
dwelling unit (as such rent may be increased from time-
to-time), subject to paragraph (10)(A) of subsection
(o);
``(C) subparagraph (B) of this paragraph shall not
apply and the payment standard for the dwelling unit
occupied by the family shall be determined in accordance
with subsection (o) if--
``(i) the assisted family moves, at any time,
from such project; or
``(ii) the voucher is made available for use
by any family other than the original family on
behalf of whom the voucher was provided; and
``(D) if the income of the assisted family declines
to a significant extent, the percentage of income paid
by the family for rent shall not exceed the greater of
30 percent or the percentage of income paid at the time
of the eligibility event for the project.
``(2) Eligibility event.--For purposes of this subsection,
the term `eligibility event' means, with respect to a
multifamily housing project, the prepayment of the mortgage on
such housing project, the voluntary termination of the insurance
contract for the mortgage for such housing project, the
termination or expiration of the contract for rental assistance
under section 8 of the United States Housing Act of 1937 for
such housing project, or the transaction under which the project
is preserved as affordable housing, that, under paragraphs
[[Page 113 STAT. 1123]]
(3) and (4) of section 515(c), section 524(d) of the Multifamily
Assisted Housing Reform and Affordability Act of 1997 (42 U.S.C.
1437f note), section 223(f ) of the Low-Income Housing
Preservation and Resident Homeownership Act of 1990 (12 U.S.C.
4113(f )), or section 201(p) of the Housing and Community
Development Amendments of 1978 (12 U.S.C. 1715z-1a(p)), results
in tenants in such housing project being eligible for enhanced
voucher assistance under this subsection.
``(3) Treatment of enhanced vouchers provided under other
authority.--
``(A) In general.--Notwithstanding any other
provision of law, any enhanced voucher assistance
provided under any authority specified in subparagraph
(B) shall (regardless of the date that the amounts for
providing such assistance were made available) be
treated, and subject to the same requirements, as
enhanced voucher assistance under this subsection.
``(B) Identification of other authority.--The
authority specified in this subparagraph is the
authority under--
``(i) the 10th, 11th, and 12th provisos under
the `Preserving Existing Housing Investment'
account in title II of the Departments of Veterans
Affairs and Housing and Urban Development, and
Independent Agencies Appropriations Act, 1997
(Public Law 104-204; 110 Stat. 2884), pursuant to
such provisos, the first proviso under the
`Housing Certificate Fund' account in title II of
the Departments of Veterans Affairs and Housing
and Urban Development, and Independent Agencies
Appropriations Act, 1998 (Public Law 105-65; 111
Stat. 1351), or the first proviso under the
`Housing Certificate Fund' account in title II of
the Departments of Veterans Affairs and Housing
and Urban Development, and Independent Agencies
Appropriations Act, 1999 (Public Law 105-276; 112
Stat. 2469); and
``(ii) paragraphs (3) and (4) of section
515(c) of the Multifamily Assisted Housing Reform
and Affordability Act of 1997 (42 U.S.C. 1437f
note), as in effect before the enactment of this
Act.
``(4) Authorization of appropriations.--There are authorized
to be appropriated for each of fiscal years 2000, 2001, 2002,
2003, and 2004 such sums as may be necessary for enhanced
voucher assistance under this subsection.''.
(b) Enhanced Vouchers Under MAHRAA.--Section 515(c) of the
Multifamily Assisted Housing Reform and Affordability Act of 1997 (42
U.S.C. 1437f note) is amended by striking paragraph (4) and inserting
the following new paragraph:
``(4) Assistance through enhanced vouchers.--In the case of
any family described in paragraph (3) that resides in a project
described in section 512(2)(B), the tenant-based assistance
provided shall be enhanced voucher assistance under section 8(t)
of the United States Housing Act of 1937 (42 U.S.C.
1437f(t)).''.
(c) Enhanced Vouchers For Certain Tenants in Prepayment and
Voluntary Termination Properties.--Section 223 of
[[Page 113 STAT. 1124]]
the Low-Income Housing Preservation and Resident Homeownership Act of
1990 (12 U.S.C. 4113) is amended by adding at the end the following new
subsection:
``(f ) Enhanced Voucher Assistance for Certain Tenants.--
``(1) Authority.--In lieu of benefits under subsections (b),
(c), and (d), and subject to the availability of appropriated
amounts, each family described in paragraph (2) shall be offered
enhanced voucher assistance under section 8(t) of the United
States Housing Act of 1937 (42 U.S.C. 1437f(t)).
``(2) Eligible families.--A family described in this
paragraph is a family that is--
``(A)(i) a low-income family; or
``(ii) a moderate-income family that is: (I) an
elderly family; (II) a disabled family; or (III)
residing in a low-vacancy area; and
``(B) residing in eligible low-income housing on the
date of the prepayment of the mortgage or voluntary
termination of the insurance contract.''.
This Act may be cited as the ``Departments of Veterans Affairs and
Housing and Urban Development, and Independent Agencies Appropriations
Act, 2000''.
Approved October 20, 1999.
LEGISLATIVE HISTORY--H.R. 2684 (S. 1596):
---------------------------------------------------------------------------
HOUSE REPORTS: Nos. 106-286 (Comm. on Appropriations) and 106-379
(Comm. of Conference).
SENATE REPORTS: No. 106-161 accompanying S. 1596 (Comm. on
Appropriations).
CONGRESSIONAL RECORD, Vol. 145 (1999):
Sept. 8, 9, considered and passed House.
Sept. 22-24, considered and passed Senate, amended, in lieu
of S. 1596.
Oct. 14, House agreed to conference report. Senate
considered conference
report.
Oct. 15, Senate agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 35 (1999):
Oct. 20, Presidential remarks and statement.
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