[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2684 Enrolled Bill (ENR)]
H.R.2684
One Hundred Sixth Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Wednesday,
the sixth day of January, one thousand nine hundred and ninety-nine
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the following sums
are appropriated, out of any money in the Treasury not otherwise
appropriated, for the Departments of Veterans Affairs and Housing and
Urban Development, and for sundry independent agencies, boards,
commissions, corporations, and offices for the fiscal year ending
September 30, 2000, and for other purposes, namely:
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.
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.
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 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 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.
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 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 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 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, 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)

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and pensions'', ``Readjustment benefits'', and ``Veterans insurance and
indemnities'' may be transferred to any other of the mentioned
appropriations.

a63a25c7b85fcc4b980083e30ce283f63b263b2fd88d4be701cd6ed2730bb4a6

TITLE I

-DEPARTMENT OF VETERANS AFFAIRS

Veterans Affairs for fiscal year 2000 for salaries and expenses shall
be available for services authorized by 5 U.S.C. 3109.

19116548f5d2be0ce8aa09ebba0b9afa5fddaa85ed9e9f5b2751d62574a5361e

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.

804fb2e00943029934daa3109476e0a86de9844103d1fdf035cb83926aca5c86

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.

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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.

e9e1a832c6f2d2db7033cfaccb188718a6227f665a724a61de431ac44f64f27c

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''.

724d854d033dfb8214b576f1d57a1b092b17c812eb21bb89a7856749674b7ca8

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 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.

fa50e47c2ebc26e4f9955886d44f55d7d5eeae5bfacf4632f037e33add9f201b

implement improvements in health care services for veterans in rural
areas.
(b) Report Required.--(1) 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.

a926ac7bcdd65b816a6b66ebc5dd7b5b2e8695dcf882ae38cd85d30d380a8833

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.

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68a542b124b2b6999b7b2b250752336b42659fc24e4903d096a96e848c375828

lieu thereof 50 percent of the cash amounts associated with such budget
authority, that are recaptured from projects described in section
1012(a) of the Stewart B. McKinney Homeless Assistance Amendments Act
of 1988 (Public Law 100-628; 102 Stat. 3224, 3268) shall be rescinded,
or in the case of cash, shall be remitted to the Treasury, and such
amounts of budget authority or cash recaptured and not rescinded or
remitted to the Treasury shall be used by State housing finance
agencies or local governments or local housing agencies with projects
approved by the Secretary of Housing and Urban Development for which
settlement occurred after January 1, 1992, in accordance with such
section. Notwithstanding the previous sentence, the Secretary may award
up to 15 percent of the budget authority or cash recaptured and not
rescinded or remitted to the Treasury to provide project owners with
incentives to refinance their project at a lower interest rate.
Fair Housing and Free Speech

142a1f9f03c698697fc4b31e129aa886faa0eca0d2c6968aa7e2ae5a051df823

TITLE II

-DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

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

03fd637aad7babd37262d6b1cfce22c3f065cc3a7fe909dab7cd1bb89d9d47b4

Housing and Urban Development, and Independent Agencies Appropriations
Act, 1999, is amended by striking wherever it occurs ``fiscal year
1999'' and inserting ``fiscal years 1999 and 2000''.
reprogramming

c81ad3b2947efbb565c0b0dc1731799702bc135c88c14819b7d89c5837f955e6

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

f217b3e1f2535f1137bbfc08ca63dc6c4c1d0697544a57b76cb49bac46bd3c0a

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
(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

b03541c37baccc22ece7d9c02eac7c5908a8abbddeb3ba4942704b027735e155

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 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.
(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, 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 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

6b1509deaa44439c2754f50984408f07217975e15ba81d32fc478867caa73501

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

2f7b84603c4ecdc8fe25ea194ff46e2cce73ef558f6049af00964d3eb8773d8d

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--
(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

52215d6b357a7e91f002b9198bb520d1ea7e70b199f83b05b8f56a0ef8081448

Development program under section 930 of the Housing and Community
Development Act of 1992, $5,000,000.
moving to work demonstration

4cab25647b7a06898224f98ffdf6a06a79a11afcd9c5544bca0af3cf76491399

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

a0d039d3550bc239a53852404ff94271928ef013447fe71c8784f8140bf41e7b

FHA Administrative Contract Expense Authority

0248693a813ee48ab9c8478bd16d4b0e109cb247d21eff08c3561aec21dd8c19

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

8e4a44998a36f00084265b3247e49ef2cef556bcd5a8ca7bd7317707ebfc0e93

(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 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

fcbf3ee9b63691a7f647514bdf7214aa44c18546b3cd649811efbd76750449e8

(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

243c9b72a2392ac1a29e8eb9762d82d6b74fdf3eeb4691c4143c34f5e91efa00

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.
ADMINISTRATION OF THE CDBG PROGRAM BY NEW YORK STATE

ee955da7c354d3f3c33271669f71f6cbe9ac938283660ab1d143451c437911f6

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

8d689cfa91830047fac1c63875ade5b08e08cb4492678e8c3945d3da96942feb

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

6fcf324b7d2e5deb71f4f8417b4dbb20454d17cc0c3a24d769faec2018982404

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

6918868740183cbf44d2de128d2a97b3d1e5c7ff373dcdf68bd61d7ba71ba34a

and Housing and Urban Development, and Independent Agencies
Appropriations Act, 1998 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

eb4a18f682d67ed47950981138f0b1ae0ca629a9703f8a92cf16b266dc4bd5f6

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.
(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

0a242891be9d977e30cf6cf437ee068980cfa74e4f38ce607c2ae30d6b7d842e

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

20b182a9ae9a070138f16cd26e03a8eb97f186b24459e4fffc15a95b2d159fb2

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

bb488ce7d91ecd13f55a844104a195ecf1616606caebf1f03b0e4cd60fc51b77

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

e715530c9add2a29b9e0cedfe90c3a90ef88d186cf92a329348425e4afa584d9

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

664a304bbe9f2d339664f7e0cf8af9cec6aa1807f0ac86b246b602514305c19c

52ba62d2ab7946c37326617411850d05a5ab517c3c9b9ad9aaf5c0039c70633d

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.

d345cdda2bf038f7932455859690ee60f84c116b704e79cc4d176506f18beac0

TITLE IV

-GENERAL PROVISIONS

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.

8e3e995d1562b5c2188d08af638168f323426cec689470b63f5fb719e2a99fac

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).

103b711c02546b95ed2ae21bd24f87d8baa210d682280d3ec470dd80da2ae471

remain available for obligation beyond the current fiscal year unless
expressly so provided herein.

7770463076f9f59a2cd4c29b71d116e217918273a4ebbc20184321af00939d06

(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.

479e7c0faa769304ef131bff3edc7bb361c955592891fe98e7f0ee495f506da2

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.

e79b1da064f18bdec4571c1f170b4be0a1b20066ea85961e3eed29d56716d4eb

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.

fa854809d1b6836471fdb1e34d58da9c4cba5a93c5d470afe13c4c44a77773c1

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.

27076fd6dbc5dd757c4058123b668553f8d551fccd6ec60038e036b5b510b978

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.).

5998a6c9fe602df9a4abef030e6fd3b1161ebfa86f25f997019bb6686f59d177

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.

0ef44fc00d965e1f1a2ace88e7cb9c3b31de39e88ed541437b9d0015927dc0fd

appropriation contained in this Act shall be obligated or expended by
any executive agency, as referred to in the Office of Federal
Procurement Policy Act (41 U.S.C. 401 et seq.), for a contract for
services unless such executive agency: (1) has awarded and entered into
such contract in full compliance with such Act and the regulations
promulgated thereunder; and (2) requires any report prepared pursuant
to such contract, including plans, evaluations, studies, analyses and
manuals, and any report prepared by the agency which is substantially
derived from or substantially includes any report prepared pursuant to
such contract, to contain information concerning: (A) the contract
pursuant to which the report was prepared; and (B) the contractor who
prepared the report pursuant to such contract.

1b8ca4a5fee7e9d5792e3d1289737230cc2c34ffecafc1c8fd5aff475a57dfd6

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.

478878ba25a30dfdee714aa89e89f770dca64703d7a743afe9c320a7c0b1fe13

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.

c2bb608a1cf1d0c4111ced93a0574de877799fc270577609beedf42828523f8b

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.

5baa961c0ad80ca38b6a24920b9688e800d96d85022880edaea627366bb8360f

extent practicable, all equipment and products purchased with funds
made available in this Act should be American-made.
(b) In providing financial assistance to, or entering into any
contract with, any entity using funds made available in this Act, the
head of each Federal agency, to the greatest extent practicable, shall
provide to such entity a notice describing the statement made in
subsection (a) by the Congress.

614d7d451bfb2b9eced8dbaf5d77f1d250f4914d315634f87b702f0b80fe9076

implement any cap on reimbursements to grantees for indirect costs,
except as published in Office of Management and Budget Circular A-21.

08f184c050340112435691a57b8315c3f372f2ed629397fb1d49baa9faf7e5d9

raises for programs funded by this Act shall be absorbed within the
levels appropriated in this Act.

9f5c43c544bd70af57e63e0471b4c7dfdb8bffe433fc3e4798261ce0973e494f

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.

94392877959816a0247c06bf57d27707e6ad14dfdb4470ef96e18be77757676a

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 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.

005d00ab14f4a6f42d29f3b44b01d0f10d40575bc5200efe0d069839edafd57e

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.

48fd098a2096ab8c686b76582709f71750a5c240aa0c8677423b03b5c088aae3

``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.

71c74d8794c9e9a18383eeb85c09f4007889b39562e436e44d0d50752841c30b

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.

a775840f566632cb9514b1fda4fcf8cc80a00b178c4b3124b513f2415506a791

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 organizations: Provided further, That the United States/
Mexico Foundation for Science is renamed the ``George E. Brown United
States/Mexico Foundation for Science''.

3fe149e1a9c2f797faf09c6481e20086eec62acea4488f1b8257ca3e7d14a678

9bb9a39270d28c76aabf211a5d742cbf854f602335d452379bcb214581bcc734

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.

619f7314886ead0c6d0851b9f23cbf08c8f4258fd227c2958b48062f450b5b3e

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.

e8e43e12b51dd52da4a37e4d05aec344269283576121604ebdae590f11fbe3a4

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 or otherwise in
connection with law enforcement activity'' before ``involuntary'' the
first place it appears.

6eb15adc9387d86b1f74f7b26a27a6360c4fef3a3ee540f6356b28e6e00dfa06

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.

7a9ac970e0a586e9703225e9c8f6b7dc4d48e26e338d1f2436e9956cbae22796

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.

8bbc2a7e5097ef4be52694a582aa54df97ef9af004ec362cf52705c0eebb70fb

777c(a)), is amended in the second sentence by striking ``1999'' and
inserting ``2000''.

34ebfcc670a42b3699f6f686c89a0a2a4012490bf8b21d1d2f2645c2fa79d323

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 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 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.

e9dfc7b51335afa092618a187d2e39e213949fd5793e22ef112f7a793ba2ee67

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.

0171dd55482167bcd14ae8d05bd493caa40d0db7fb4c6b25e15069a262b1b8c3

Section 70113(f) of title 49, United States Code, is amended by
striking ``December 31, 1999'', and inserting ``December 31, 2000''.

335720cfb29aee72cac13848b54e763f3467eb20947ee6f439cda5ae61d39c61

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
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 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 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.

80dc8e2bac7c00a5d751c4a84ba4677f397e80c1b72c67de85211440edf62712

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:
``experimental 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 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 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 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 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 105-276) is repealed.

4b86e352d3101e5d3c2ffee4601282d6e39764cda0e2b1b954cbab481b0de515

(a) Short Title.--This 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:

00f95c65ea930d764a536f67ea89ba3099a21a58ad9d82a2f5d43c5c4e274dbd

TITLE V

-PRESERVATION OF AFFORDABLE HOUSING

Subtitle A--Authorization of Appropriations for Supportive Housing for
the Elderly and Persons With Disabilities

21bffa26504aedbcb782df925d2f848e08e9d3eaf7cc3e4457f95899562c9158

disabled housing.
Subtitle B--Expanding Housing Opportunities for the Elderly and Persons
With Disabilities

4c58d9ee627ad2cf7b7b70ff452f86625388d2792bc36f8ba42e1ea76da1d6ae

3b68e30782518b9c78f7153ad26381ef3d377133c22ce333c121970e7fb7d723

Needs in the 21st Century.
Subtitle C--Renewal of Expiring Rental Assistance Contracts and
Protection of Residents

625df4d20d0f6946327b12a734bec4db72a0a947d7631593a874cdaf87b46c21

82da76494215570b19bd43045637bc7664917f3da014ba972c4233374a39fecc

9f39446e501019f3105ef5a11b9067d5ca5d34ee267a4ede3a820c6c88497a06

0c56472ec377c3ee796fddaae0ba118dd38c9cc5e3e8eaf4414c2fbc0af55fc1

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 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.

538038fa5185fffabb3f7ed3bb20d6445cd81276d756cf7ccb9e7ffe78d8285d

(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

b9a7fa8965b3e46b5563170d2262c00591e6f68b75db5182a0d733f5a65666fa

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.''.

134f0649b6d05b2f18ca61e4fe7a3430ce3de7b0ca7cfd0d8a455f5795f387f5

Section 811 of the Cranston-Gonzalez National Affordable Housing
Act (42 U.S.C. 8013) is amended--
(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.''.

0614297e2c883478bfa1e434bdf4bc2103da43eb512a0b3d90fb7992045803b7

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

ac35ba74fc03e9cda45c5538a0e23ac010ccd1384ec795e02e493a8429fff12d

(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 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 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.

11b57c32ddfc85d80f1e1a84fc6f8779fff899d306b9249629aec6c44d4ac1d6

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 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 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 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.''.

fca1315b8a95287f55bd660d617751d662f8c416bc6ed917ca86409447a91ac4

(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.--
``(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, 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.''.

0970f98edb46b857585ffaf7773fab8696dac3187b7db87316b714298164e71d

(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 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.

be85033cd2042fb6caa46b2ebb186d9cd832ba58f4e93cdb6183bde1751b24d7

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 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 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.
(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, 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 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

71f4da07bf3fefb25c2b5d8c7d8025d53b53d8e866e47090e81d7d9d21fce4fe

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:
``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--
``(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 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).
``(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
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. 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 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 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:
``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).

d20c6e061c37962b1a24ac2d76ae8de56217d68683b21bd8ac34d8e1ff451c8b

(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 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 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.
``(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 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 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 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.

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(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.'';
(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.

b562af2382222127861fefa3d857b2290bb05ca6590adcff1424f1dce392704e

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 and may
not be renewed (including transfer of developments to tenant groups,
nonprofit organizations, and public entities),''.

da9f888418cc6bd4b48400b21beb1dbd390c99659e6b250daacc5c6b109729d9

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 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.

8d275a856787aa55a70e2d4452a83c96e10a99afbf71f66853db94814bfd3a5f

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))).''.

785c2c2f941874e9ee477cc564e53708ce6b2713b2d0eb784547171ffd99e036

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)''.

f7c22e12c9193dfb4f2efb4b0a8a4b7f111954d9bd99d8e593d71eff7a476142

(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 (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 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''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.

766cb1d8f45c871861387ab6fef2fb356e4df5cb9c5c07a3ab348a4d54ffa2f8

Appropriations bill FY2000, Veterans Affairs, HUD — HR. 2684

Other Sections

TITLE I

TITLE II

TITLE IV

TITLE V

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