Pl 106-74

PUBLIC LAW 106–74—OCT. 20, 1999

113 STAT. 1047

Public Law 106–74
106th Congress
An Act
Making appropriations for the Departments of Veterans Affairs and Housing and
Urban Development, and for sundry independent agencies, boards, commissions,
corporations, and offices for the fiscal year ending September 30, 2000, and
for other purposes.

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:
TITLE I—DEPARTMENT OF VETERANS AFFAIRS

Oct. 20, 1999
[H.R. 2684]

Departments of
Veterans Affairs
and Housing and
Urban
Development,
Independent
Agencies
Appropriations
Act, 2000.

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.

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113 STAT. 1048

PUBLIC LAW 106–74—OCT. 20, 1999
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.

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PUBLIC LAW 106–74—OCT. 20, 1999

113 STAT. 1049

In addition, for administrative expenses necessary to carry
out the direct loan program, $415,000, which may be transferred
to and merged with the appropriation for ‘‘General operating
expenses’’.
NATIVE AMERICAN VETERAN HOUSING LOAN PROGRAM ACCOUNT

(INCLUDING

TRANSFER OF FUNDS)

For administrative expenses to carry out the direct loan program authorized by 38 U.S.C. chapter 37, subchapter V, as
amended, $520,000, which may be transferred to and merged with
the appropriation for ‘‘General operating expenses’’.
GUARANTEED TRANSITIONAL HOUSING LOANS FOR HOMELESS
VETERANS PROGRAM ACCOUNT

(INCLUDING

TRANSFER OF FUNDS)

For the cost, as defined in section 13201 of the Budget Enforcement Act of 1990, including the cost of modifying loans, of guaranteed loans as authorized by 38 U.S.C. chapter 37 subchapter VI,
$48,250,000, to remain available until expended: Provided, That
no more than five loans may be guaranteed under this program
prior to November 11, 2001: Provided further, That no more than
15 loans may be guaranteed under this program: Provided further,
That the total principal amount of loans guaranteed under this
program may not exceed $100,000,000: Provided further, That not
to exceed $750,000 of the amounts appropriated by this Act for
‘‘General operating expenses’’ and ‘‘Medical care’’ may be expended
for the administrative expenses to carry out the guaranteed loan
program authorized by 38 U.S.C. chapter 37, subchapter VI.
VETERANS HEALTH ADMINISTRATION
MEDICAL CARE

(INCLUDING

TRANSFER OF FUNDS)

For necessary expenses for the maintenance and operation of
hospitals, nursing homes, and domiciliary facilities; for furnishing,
as authorized by law, inpatient and outpatient care and treatment
to beneficiaries of the Department of Veterans Affairs, including
care and treatment in facilities not under the jurisdiction of the
department; and furnishing recreational facilities, supplies, and
equipment; funeral, burial, and other expenses incidental thereto
for beneficiaries receiving care in the department; administrative
expenses in support of planning, design, project management, real
property acquisition and disposition, construction and renovation
of any facility under the jurisdiction or for the use of the department; oversight, engineering and architectural activities not charged
to project cost; repairing, altering, improving or providing facilities
in the several hospitals and homes under the jurisdiction of the
department, not otherwise provided for, either by contract or by
the hire of temporary employees and purchase of materials; uniforms or allowances therefor, as authorized by 5 U.S.C. 5901–
5902; aid to State homes as authorized by 38 U.S.C. 1741; administrative and legal expenses of the department for collecting and
recovering amounts owed the department as authorized under 38

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113 STAT. 1050

Contracts.

PUBLIC LAW 106–74—OCT. 20, 1999

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.

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PUBLIC LAW 106–74—OCT. 20, 1999

113 STAT. 1051

GENERAL POST FUND, NATIONAL HOMES

(INCLUDING

TRANSFER OF FUNDS)

For the cost of direct loans, $7,000, as authorized by Public
Law 102–54, section 8, which shall be transferred from the ‘‘General
post fund’’: Provided, That such costs, including the cost of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974, as amended: Provided further, That
these funds are available to subsidize gross obligations for the
principal amount of direct loans not to exceed $70,000.
In addition, for administrative expenses to carry out the direct
loan programs, $54,000, which shall be transferred from the ‘‘General post fund’’, as authorized by Public Law 102–54, section 8.
DEPARTMENTAL ADMINISTRATION
GENERAL OPERATING EXPENSES

For necessary operating expenses of the Department of Veterans Affairs, not otherwise provided for, including uniforms or
allowances therefor; not to exceed $25,000 for official reception
and representation expenses; hire of passenger motor vehicles; and
reimbursement of the General Services Administration for security
guard services, and the Department of Defense for the cost of
overseas employee mail, $912,594,000: Provided, That of the funds
made available under this heading, not to exceed $45,600,000 shall
be available until September 30, 2001: Provided further, That funds
under this heading shall be available to administer the Service
Members Occupational Conversion and Training Act.
NATIONAL CEMETERY ADMINISTRATION

(INCLUDING

TRANSFER OF FUNDS)

For necessary expenses for the maintenance and operation of
the National Cemetery Administration, not otherwise provided for,
including uniforms or allowances therefor; cemeterial expenses as
authorized by law; purchase of two passenger motor vehicles for
use in cemeterial operations; and hire of passenger motor vehicles,
$97,256,000: Provided, That of the amount made available under
this heading, not to exceed $117,000 may be transferred to and
merged with the appropriation for ‘‘General operating expenses’’.
OFFICE OF INSPECTOR GENERAL

(INCLUDING

TRANSFER OF FUNDS)

For necessary expenses of the Office of Inspector General in
carrying out the Inspector General Act of 1978, as amended,
$43,200,000: Provided, That of the amount made available under
this heading, not to exceed $30,000 may be transferred to and
merged with the appropriation for ‘‘General operating expenses’’.
CONSTRUCTION, MAJOR PROJECTS

For constructing, altering, extending and improving any of the
facilities under the jurisdiction or for the use of the Department
of Veterans Affairs, or for any of the purposes set forth in sections
316, 2404, 2406, 8102, 8103, 8106, 8108, 8109, 8110, and 8122

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113 STAT. 1052

Contracts.
Deadlines.

Reports.

PUBLIC LAW 106–74—OCT. 20, 1999

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,

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PUBLIC LAW 106–74—OCT. 20, 1999

113 STAT. 1053

which shall be available for all authorized expenses except operations and maintenance costs, which will be funded from ‘‘Medical
care’’.
GRANTS FOR CONSTRUCTION OF STATE EXTENDED CARE FACILITIES

For grants to assist States to acquire or construct State nursing
home and domiciliary facilities and to remodel, modify or alter
existing hospital, nursing home and domiciliary facilities in State
homes, for furnishing care to veterans as authorized by 38 U.S.C.
8131–8137, $90,000,000, to remain available until expended.
GRANTS FOR THE CONSTRUCTION OF STATE VETERANS CEMETERIES

For grants to aid States in establishing, expanding, or
improving State veteran cemeteries as authorized by 38 U.S.C.
2408, $25,000,000, to remain available until expended.
ADMINISTRATIVE PROVISIONS

(INCLUDING

TRANSFER OF FUNDS)

SEC. 101. Any appropriation for fiscal year 2000 for ‘‘Compensation and pensions’’, ‘‘Readjustment benefits’’, and ‘‘Veterans insurance and indemnities’’ may be transferred to any other of the
mentioned appropriations.
SEC. 102. Appropriations available to the Department of
Veterans Affairs for fiscal year 2000 for salaries and expenses
shall be available for services authorized by 5 U.S.C. 3109.
SEC. 103. No appropriations in this Act for the Department
of Veterans Affairs (except the appropriations for ‘‘Construction,
major projects’’, ‘‘Construction, minor projects’’, and the ‘‘Parking
revolving fund’’) shall be available for the purchase of any site
for or toward the construction of any new hospital or home.
SEC. 104. No appropriations in this Act for the Department
of Veterans Affairs shall be available for hospitalization or examination of any persons (except beneficiaries entitled under the laws
bestowing such benefits to veterans, and persons receiving such
treatment under 5 U.S.C. 7901–7904 or 42 U.S.C. 5141–5204),
unless reimbursement of cost is made to the ‘‘Medical care’’ account
at such rates as may be fixed by the Secretary of Veterans Affairs.
SEC. 105. Appropriations available to the Department of
Veterans Affairs for fiscal year 2000 for ‘‘Compensation and pensions’’, ‘‘Readjustment benefits’’, and ‘‘Veterans insurance and
indemnities’’ shall be available for payment of prior year accrued
obligations required to be recorded by law against the corresponding
prior year accounts within the last quarter of fiscal year 1999.
SEC. 106. Appropriations accounts available to the Department
of Veterans Affairs for fiscal year 2000 shall be available to pay
prior year obligations of corresponding prior year appropriations
accounts resulting from title X of the Competitive Equality Banking
Act, Public Law 100–86, except that if such obligations are from
trust fund accounts they shall be payable from ‘‘Compensation
and pensions’’.
SEC. 107. Notwithstanding any other provision of law, during
fiscal year 2000, the Secretary of Veterans Affairs shall, from the
National Service Life Insurance Fund (38 U.S.C. 1920), the Veterans’ Special Life Insurance Fund (38 U.S.C. 1923), and the United
States Government Life Insurance Fund (38 U.S.C. 1955), reimburse

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113 STAT. 1054

Deadline.

Certification.
Public
information.

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PUBLIC LAW 106–74—OCT. 20, 1999

the ‘‘General operating expenses’’ account for the cost of administration of the insurance programs financed through those accounts:
Provided, That reimbursement shall be made only from the surplus
earnings accumulated in an insurance program in fiscal year 2000,
that are available for dividends in that program after claims have
been paid and actuarially determined reserves have been set aside:
Provided further, That if the cost of administration of an insurance
program exceeds the amount of surplus earnings accumulated in
that program, reimbursement shall be made only to the extent
of such surplus earnings: Provided further, That the Secretary
shall determine the cost of administration for fiscal year 2000,
which is properly allocable to the provision of each insurance program and to the provision of any total disability income insurance
included in such insurance program.
SEC. 108. (a) IN GENERAL.—The Congress supports efforts to
implement improvements in health care services for veterans in
rural areas.
(b) REPORT REQUIRED.—(1) 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 communitybased outpatient clinics;
(iv) transportation costs; and
(v) the unique challenges that Department of Veterans
Affairs medical centers in rural, low-population subregions
face in attempting to increase efficiency without large
economies of scale.
(B) The recommendations of the Secretary, if any, on how
rural veterans’ access to health care services might be
enhanced.
SEC. 109. The Secretary of Veterans Affairs may carry out
a major medical facility project to renovate and construct facilities
at the Olin E. Teague Department of Veterans Affairs Medical
Center, Temple, Texas, for a joint venture Cardiovascular Institute,
in an amount not to exceed $11,500,000. In order to carry out
that project, the amount of $11,500,000 appropriated for fiscal year
1998 and programmed for the renovation of Building 9 at the
Waco, Texas, Department of Veterans Affairs Medical Center is
hereby made available for that project.
SEC. 110. Notwithstanding any other provision of this Act,
none of the funds appropriated or otherwise made available in
this Act for the Medical Care appropriation of the Department
of Veterans Affairs may be obligated for the realignment of the
health care delivery system in VISN 12 until 60 days after the
Secretary of Veterans Affairs certifies that the department has:
(1) consulted with veterans organizations, medical school affiliates,
employee representatives, State veterans and health associations,

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PUBLIC LAW 106–74—OCT. 20, 1999

113 STAT. 1055

and other interested parties with respect to the realignment plan
to be implemented; and (2) made available to the Congress and
the public information from the consultations regarding possible
impacts on the accessibility of veterans health care services to
affected veterans.
TITLE II—DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT
PUBLIC

AND INDIAN

HOUSING

HOUSING CERTIFICATE FUND

(INCLUDING

TRANSFERS OF FUNDS)

For activities and assistance to prevent the involuntary
displacement of low-income families, the elderly and the disabled
because of the loss of affordable housing stock, expiration of subsidy
contracts (other than contracts for which amounts are provided
under another heading in this Act) or expiration of use restrictions,
or other changes in housing assistance arrangements, and for other
purposes, $11,376,695,000 and amounts that are recaptured in this
account, and recaptured under the appropriation for ‘‘Annual contributions for assisted housing’’, to remain available until expended:
Provided, That of the total amount provided under this heading,
$10,990,135,000, of which $6,790,135,000 shall be available on
October 1, 1999 and $4,200,000,000 shall be available on October
1, 2000, shall be for assistance under the United States Housing
Act of 1937 (‘‘the Act’’ herein) (42 U.S.C. 1437) for use in connection
with expiring or terminating section 8 subsidy contracts, for amendments to section 8 subsidy contracts, for enhanced vouchers
(including amendments and renewals) under any provision of law
authorizing such assistance under section 8(t) of the United States
Housing Act of 1937 (47 U.S.C. 1437f (t)), as added by section
538 of title V of this Act, and contracts entered into pursuant
to section 441 of the Stewart B. McKinney Homeless Assistance
Act: Provided further, That amounts available under the first proviso under this heading may be available for section 8 rental assistance under the United States Housing Act of 1937: (1) to relocate
residents of properties: (A) that are owned by the Secretary and
being disposed of; or (B) that are discontinuing section 8 projectbased assistance; (2) for relocation and replacement housing for
units that are demolished or disposed of: (A) from the public housing
inventory (in addition to amounts that may be available for such
purposes under this and other headings); or (B) pursuant to section
24 of the United States Housing Act of 1937 or to other authority
for the revitalization of severely distressed public housing, as set
forth in the Appropriations Acts for the Departments of Veterans
Affairs and Housing and Urban Development, and Independent
Agencies for fiscal years 1993, 1994, 1995, and 1997, and in the
Omnibus Consolidated Rescissions and Appropriations Act of 1996;
(3) for the conversion of section 23 projects to assistance under
section 8; (4) for funds to carry out the family unification program;
(5) for the relocation of witnesses in connection with efforts to
combat crime in public and assisted housing pursuant to a request
from a law enforcement or prosecution agency; and (6) for the
1-year renewal of section 8 contracts for units in a project that
is subject to an approved plan of action under the Emergency

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113 STAT. 1056

42 USC 1437f
note.

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PUBLIC LAW 106–74—OCT. 20, 1999

Low Income Housing Preservation Act of 1987 or the Low-Income
Housing Preservation and Resident Homeownership Act of 1990:
Provided further, That of the total amount provided under this
heading, $40,000,000 shall be made available to nonelderly disabled
families affected by the designation of a public housing development
under section 7 of such Act, the establishment of preferences in
accordance with section 651 of the Housing and Community
Development Act of 1992 (42 U.S.C. 1361l), or the restriction of
occupancy to elderly families in accordance with section 658 of
such Act, and to the extent the Secretary determines that such
amount is not needed to fund applications for such affected families,
to other nonelderly disabled families: Provided further, That
amounts available under this heading may be made available for
administrative fees and other expenses to cover the cost of administering rental assistance programs under section 8 of the United
States Housing Act of 1937: Provided further, That the fee otherwise
authorized under section 8(q) of such Act shall be determined in
accordance with section 8(q), as in effect immediately before the
enactment of the Quality Housing and Work Responsibility Act
of 1998: Provided further, That all balances for the section 8 rental
assistance, section 8 counseling, section 8 new construction, section
8 substantial rehabilitation, relocation/replacement/demolition, section 23 conversions, rental and disaster vouchers, loan management
set-aside, section 514 technical assistance, and other programs previously funded within the ‘‘Annual Contributions’’ account shall
be transferred to this account, to be available for the purposes
for which they were originally appropriated: Provided further, That
all balances in the ‘‘Section 8 Reserve Preservation’’ account shall
be transferred to this account, to be available for the purposes
for which they were originally appropriated: Provided further, That
the unexpended amounts previously appropriated for special purpose grants within the ‘‘Annual Contributions for Assisted Housing’’
account shall be recaptured and transferred to this account, to
be available for assistance under the Act for use in connection
with expiring or terminating section 8 subsidy contracts: Provided
further, That of the amounts previously appropriated for property
disposition within the ‘‘Annual Contributions for Assisted Housing’’
account, up to $79,000,000 shall be transferred to this account,
to be available for assistance under the Act for use in connection
with expiring or terminating section 8 subsidy contracts: Provided
further, That of the unexpended amounts previously appropriated
for carrying out the Low-Income Housing Preservation and Resident
Homeownership Act of 1990 and the Emergency Low Income
Housing Preservation Act of 1987, other than amounts made available for rental assistance, within the ‘‘Annual Contributions for
Assisted Housing’’ and ‘‘Preserving Existing Housing Investments’’
accounts, shall be recaptured and transferred to this account, to
be available for assistance under the Act for use in connection
with expiring or terminating section 8 subsidy contracts: Provided
further, That of the total amount provided under this heading,
$346,560,000 shall be made available for incremental vouchers
under section 8 of the United States Housing Act of 1937 on
a fair share basis and administered by public housing agencies:
Provided further, That of the balances remaining from funds appropriated under this heading or the heading ‘‘Annual Contributions
for Assisted Housing’’ during fiscal year 2000 and prior years,
$2,243,000,000 is rescinded: Provided further, That of the amount

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rescinded under the previous proviso, $1,300,000,000 shall be from
amounts recaptured and the Secretary shall have discretion to
specify the amounts to be rescinded from each of the foregoing
accounts, $505,000,000 shall be from unobligated balances, and
$438,000,000 shall be from amounts that were appropriated in
fiscal year 1999 and prior years for section 8 assistance including
assistance to relocate residents of properties that are owned by
the Secretary and being disposed of or that are discontinuing section
8 project-based assistance, for relocation and replacement housing
for units that are demolished or disposed of from the public housing
inventory, and for enhanced vouchers as provided under the ‘‘Preserving Existing Housing Investment’’ account in the Departments
of Veterans Affairs and Housing and Urban Development, and
Independent Agencies Appropriations Act, 1997 (Public Law 104–
204).
PUBLIC HOUSING CAPITAL FUND

(INCLUDING

TRANSFERS OF FUNDS)

For the Public Housing Capital Fund Program to carry out
capital and management activities for public housing agencies, as
authorized under section 9 of the United States Housing Act of
1937, as amended (42 U.S.C. 1437), $2,900,000,000, to remain available until expended: Provided, That of the total amount, up to
$75,000,000 shall be for carrying out activities under section 9(h)
of such Act, and for lease adjustments to section 23 projects: Provided further, That no funds may be used under this heading
for the purposes specified in section 9(k) of the United States
Housing Act of 1937: Provided further, That of the total amount,
up to $75,000,000 shall be available for the Secretary of Housing
and Urban Development to make grants to public housing agencies
for emergency capital needs resulting from emergencies and natural
disasters in fiscal year 2000: Provided further, That all balances
for debt service for Public and Indian Housing and Public and
Indian Housing Grants previously funded within the ‘‘Annual Contributions for Assisted Housing’’ account shall be transferred to
this account, to be available for the purposes for which they were
originally appropriated.

Grants.

PUBLIC HOUSING OPERATING FUND

(INCLUDING

TRANSFERS OF FUNDS)

For payments to public housing agencies for the operation
and management of public housing, as authorized by section 9(e)
of the United States Housing Act of 1937, as amended (42 U.S.C.
1437g), $3,138,000,000, to remain available until expended: Provided, That no funds may be used under this heading for the
purposes specified in section 9(k) of the United States Housing
Act of 1937.
DRUG ELIMINATION GRANTS FOR LOW-INCOME HOUSING

For grants to public housing agencies and Indian tribes and
their tribally designated housing entities for use in eliminating
crime in public housing projects authorized by 42 U.S.C. 11901–
11908, for grants for federally assisted low-income housing authorized by 42 U.S.C. 11909, and for drug information clearinghouse

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PUBLIC LAW 106–74—OCT. 20, 1999

services authorized by 42 U.S.C. 11921–11925, $310,000,000, to
remain available until expended: Provided, That of the total amount
provided under this heading, up to $4,500,000 shall be solely for
technical assistance, technical assistance grants, training, and program assessment for or on behalf of public housing agencies, resident organizations, and Indian tribes and their tribally designated
housing entities (including up to $150,000 for the cost of necessary
travel for participants in such training): Provided further, That
of the amount provided under this heading, $10,000,000 shall be
used in connection with efforts to combat violent crime in public
and assisted housing under the Operation Safe Home Program
administered by the Inspector General of the Department of
Housing and Urban Development: Provided further, That of the
amount under this heading, $10,000,000 shall be provided to the
Office of Inspector General for Operation Safe Home: Provided
further, That of the amount under this heading, $20,000,000 shall
be available for a program named the New Approach Anti-Drug
program which will provide competitive grants to entities managing
or operating public housing developments, federally assisted multifamily housing developments, or other multifamily housing developments for low-income families supported by non-Federal governmental entities or similar housing developments supported by nonprofit private sources in order to provide or augment security
(including personnel costs), to assist in the investigation and/or
prosecution of drug related criminal activity in and around such
developments, and to provide assistance for the development of
capital improvements at such developments directly relating to
the security of such developments: Provided further, That grants
for the New Approach Anti-Drug program shall be made on a
competitive basis as specified in section 102 of the Department
of Housing and Urban Development Reform Act of 1989.
REVITALIZATION OF SEVERELY DISTRESSED PUBLIC HOUSING (HOPE VI)

Contracts.

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For grants to public housing agencies for demolition, site
revitalization, replacement housing, and tenant-based assistance
grants to projects as authorized by section 24 of the United States
Housing Act of 1937, $575,000,000 to remain available until
expended of which the Secretary may use up to $10,000,000 for
technical assistance and contract expertise, to be provided directly
or indirectly by grants, contracts or cooperative agreements,
including training and cost of necessary travel for participants
in such training, by or to officials and employees of the department
and of public housing agencies and to residents: Provided, That
none of such funds shall be used directly or indirectly by granting
competitive advantage in awards to settle litigation or pay judgments, unless expressly permitted herein: Provided further, That
of the amount provided under this heading, $1,200,000 shall be
contracted through the Secretary to be used by the Urban Institute
to conduct an independent study on the long-term effects of the
HOPE VI program on former residents of distressed public housing
developments.

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113 STAT. 1059

NATIVE AMERICAN HOUSING BLOCK GRANTS

(INCLUDING

TRANSFER OF FUNDS)

For the Native American Housing Block Grants program, as
authorized under title I of the Native American Housing Assistance
and Self-Determination Act of 1996 (NAHASDA) (Public Law 104–
330), $620,000,000, to remain available until expended, of which
$2,000,000 shall be contracted through the Secretary as technical
assistance and capacity building to be used by the National American Indian Housing Council in support of the implementation
of NAHASDA and up to $4,000,000 by the Secretary to support
the inspection of Indian housing units, contract expertise, training,
and technical assistance in the oversight and management of Indian
housing and tenant-based assistance, including up to $200,000 for
related travel: Provided, That of the amount provided under this
heading, $6,000,000 shall be made available for the cost of guaranteed notes and other obligations, as authorized by title VI of
NAHASDA: Provided further, That such costs, including the costs
of modifying such notes and other obligations, shall be as defined
in section 502 of the Congressional Budget Act of 1974, as amended:
Provided further, That these funds are available to subsidize the
total principal amount of any notes and other obligations, any
part of which is to be guaranteed, not to exceed $54,600,000: Provided further, That for administrative expenses to carry out the
guaranteed loan program, up to $200,000 from amounts in the
first proviso, which shall be transferred to and merged with the
appropriation for ‘‘Salaries and expenses’’, to be used only for the
administrative costs of these guarantees.
INDIAN HOUSING LOAN GUARANTEE FUND PROGRAM ACCOUNT

(INCLUDING

TRANSFER OF FUNDS)

For the cost of guaranteed loans, as authorized by section
184 of the Housing and Community Development Act of 1992 (106
Stat. 3739), $6,000,000, to remain available until expended: Provided, That such costs, including the costs of modifying such loans,
shall be as defined in section 502 of the Congressional Budget
Act of 1974, as amended: Provided further, That these funds are
available to subsidize total loan principal, any part of which is
to be guaranteed, not to exceed $71,956,000.
In addition, for administrative expenses to carry out the
guaranteed loan program, up to $150,000 from amounts in the
first paragraph, which shall be transferred to and merged with
the appropriation for ‘‘Salaries and expenses’’, to be used only
for the administrative costs of these guarantees.
COMMUNITY PLANNING

AND

DEVELOPMENT

HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS

For carrying out the Housing Opportunities for Persons with
AIDS program, as authorized by the AIDS Housing Opportunity
Act (42 U.S.C. 12901), $232,000,000, to remain available until
expended: Provided, That the Secretary may use up to 0.75 percent
of the funds under this heading for technical assistance.

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PUBLIC LAW 106–74—OCT. 20, 1999
RURAL HOUSING AND ECONOMIC DEVELOPMENT

Deadline.

For the Office of Rural Housing and Economic Development
in the Department of Housing and Urban Development,
$25,000,000, to remain available until expended: Provided, That
of the amount under this heading, up to $3,000,000 shall be used
to develop capacity at the State and local level for developing
rural housing and for rural economic development and for
maintaining a clearinghouse of ideas for innovative strategies for
rural housing and economic development and revitalization: Provided further, That of the amount under this heading, at least
$22,000,000 shall be awarded by June 1, 2000 to Indian tribes,
State housing finance agencies, State community and/or economic
development agencies, local rural nonprofits and community
development corporations to support innovative housing and economic development activities in rural areas: Provided further, That
all grants shall be awarded on a competitive basis as specified
in section 102 of the HUD Reform Act.
AMERICA’S PRIVATE INVESTMENT COMPANIES PROGRAM ACCOUNT

(INCLUDING

Deadline.

TRANSFER OF FUNDS)

For the cost of guaranteed loans under the America’s Private
Investment Companies Program, $20,000,000, to remain available
until September 30, 2002: Provided, That such costs, including
the cost of modifying loans, shall be as defined in section 502
of the Congressional Budget Act of 1974, as amended: Provided
further, That these funds are available to subsidize total loan principal, any part of which is guaranteed, not to exceed $541,000,000:
Provided further, That the funds appropriated under this heading
shall not be available for obligation until the America’s Private
Investment Companies Program is authorized by subsequent legislation and the program is developed subject to notice and comment
rulemaking: Provided further, That if the authorizing legislation
is not enacted by June 30, 2000, all funds under this heading
shall be transferred to and merged with the appropriation for
the ‘‘Community development financial institutions fund program
account’’ to be available for use as grants and loans under that
account.
URBAN EMPOWERMENT ZONES

For grants in connection with a second round of the empowerment zones program in urban areas, designated by the Secretary
of Housing and Urban Development in fiscal year 1999 pursuant
to the Taxpayer Relief Act of 1997, $55,000,000 to the Secretary
of Housing and Urban Development for ‘‘Urban Empowerment
Zones’’, including $3,666,000 for each empowerment zone for use
in conjunction with economic development activities consistent with
the strategic plan of each empowerment zone, to remain available
until expended.
RURAL EMPOWERMENT ZONES

For grants for the rural empowerment zone and enterprise
communities programs, as designated by the Secretary of Agriculture, $15,000,000 to the Secretary of Agriculture for grants for
designated empowerment zones in rural areas and for grants for

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designated rural enterprise communities, to remain available until
expended.
COMMUNITY DEVELOPMENT BLOCK GRANTS

(INCLUDING

TRANSFERS OF FUNDS)

For grants to States and units of general local government
and for related expenses, not otherwise provided for, to carry out
a community development grants program as authorized by title
I of the Housing and Community Development Act of 1974, as
amended (the ‘‘Act’’ herein) (42 U.S.C. 5301), $4,800,000,000, to
remain available until September 30, 2002: Provided, That
$67,000,000 shall be for grants to Indian tribes notwithstanding
section 106(a)(1) of such Act, $3,000,000 shall be available as a
grant to the Housing Assistance Council, $2,200,000 shall be available as a grant to the National American Indian Housing Council,
and $41,500,000 shall be for grants pursuant to section 107 of
the Act including $2,000,000 to support Alaska Native serving
institutions and native Hawaiian serving institutions, as defined
under the Higher Education Act, as amended: Provided further,
That $20,000,000 shall be for grants pursuant to the Self Help
Housing Opportunity Program: Provided further, That not to exceed
20 percent of any grant made with funds appropriated herein (other
than a grant made available in this paragraph to the Housing
Assistance Council or the National American Indian Housing
Council, or a grant using funds under section 107(b)(3) of the
Housing and Community Development Act of 1974, as amended)
shall be expended for ‘‘Planning and Management Development’’
and ‘‘Administration’’ as defined in regulations promulgated by
the department: Provided further, That all balances for the Economic Development Initiative grants program, the John Heinz
Neighborhood Development program, grants to Self Help Housing
Opportunity program, and the Moving to Work Demonstration program previously funded within the ‘‘Annual Contributions for
Assisted Housing’’ account shall be transferred to this account,
to be available for the purposes for which they were originally
appropriated.
Of the amount made available under this heading, $23,750,000
shall be made available for capacity building, of which $20,000,000
shall be made available for ‘‘Capacity Building for Community
Development and Affordable Housing’’, for LISC and the Enterprise
Foundation for activities as authorized by section 4 of the HUD
Demonstration Act of 1993 (Public Law 103–120), as in effect immediately before June 12, 1997, with not less than $4,000,000 of
the funding to be used in rural areas, including tribal areas, and
of which $3,750,000 shall be made available to Habitat for
Humanity International.
Of the amount made available under this heading, the Secretary
of Housing and Urban Development may use up to $55,000,000
for supportive services for public housing residents, as authorized
by section 34 of the United States Housing Act of 1937, as amended,
and for grants for service coordinators and congregate services
for the elderly and disabled residents of public and assisted housing:
Provided further, That amounts made available for congregate services and service coordinators for the elderly and disabled under
this heading and in prior fiscal years may be used by grantees

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PUBLIC LAW 106–74—OCT. 20, 1999

to reimburse themselves for costs incurred in connection with providing service coordinators previously advanced by grantees out
of other funds due to delays in the granting by or receipt of funds
from the Secretary, and the funds so made available to grantees
for congregate services or service coordinators under this heading
or in prior years shall be considered as expended by the grantees
upon such reimbursement. The Secretary shall not condition the
availability of funding made available under this heading or in
prior years for congregate services or service coordinators upon
any grantee’s obligation or expenditure of any prior funding.
Of the amount made available under this heading, $30,000,000
shall be available for neighborhood initiatives that are utilized
to improve the conditions of distressed and blighted areas and
neighborhoods, to stimulate investment, economic diversification,
and community revitalization in areas with population outmigration
or a stagnating or declining economic base, or to determine whether
housing benefits can be integrated more effectively with welfare
reform initiatives: Provided, that any unobligated balances of
amounts set aside for neighborhood initiatives in fiscal years 1998
and 1999 may be utilized for any of the foregoing purposes: Provided
further, That of the amount set aside for fiscal year 2000 under
this paragraph, $23,000,000 shall be used for grants specified in
the statement of the managers of the committee of conference
accompanying this Act.
Of the amount made available under this heading, notwithstanding any other provision of law, $42,500,000 shall be available
for YouthBuild program activities authorized by subtitle D of title
IV of the Cranston-Gonzalez National Affordable Housing Act, as
amended, and such activities shall be an eligible activity with
respect to any funds made available under this heading: Provided,
That local YouthBuild programs that demonstrate an ability to
leverage private and nonprofit funding shall be given a priority
for YouthBuild funding: Provided further, That of the amount provided under this paragraph, $2,500,000 shall be set aside and
made available for a grant to Youthbuild USA for capacity building
for community development and affordable housing activities as
specified in section 4 of the HUD Demonstration Act of 1993,
as amended.
Of the amount made available under this heading, $275,000,000
shall be available for grants for the Economic Development Initiative (EDI) to finance a variety of economic development efforts,
including $240,000,000 for making individual grants for targeted
economic investments in accordance with the terms and conditions
specified for such grants in the statement of the managers of
the committee of conference accompanying this Act.
For the cost of guaranteed loans, $29,000,000, as authorized
by section 108 of the Housing and Community Development Act
of 1974: Provided, That such costs, including the cost of modifying
such loans, shall be as defined in section 502 of the Congressional
Budget Act of 1974, as amended: Provided further, That these
funds are available to subsidize total loan principal, any part of
which is to be guaranteed, not to exceed $1,261,000,000, notwithstanding any aggregate limitation on outstanding obligations
guaranteed in section 108(k) of the Housing and Community
Development Act of 1974: Provided further, That in addition, for
administrative expenses to carry out the guaranteed loan program,

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$1,000,000, which shall be transferred to and merged with the
appropriation for ‘‘Salaries and expenses’’.
The Secretary is directed to transfer the administration of
the small cities component of the Community Development Block
Grant Program for the funds allocated for the State of New York
under section 106(d) of the Housing and Community Development
Act of 1974 for fiscal year 2000 and all fiscal years thereafter
to the State of New York to be administered by the Governor
of New York.
BROWNFIELDS REDEVELOPMENT

For Economic Development Grants, as authorized by section
108(q) of the Housing and Community Development Act of 1974,
as amended, for Brownfields redevelopment projects, $25,000,000,
to remain available until expended: Provided, That the Secretary
of Housing and Urban Development shall make these grants available on a competitive basis as specified in section 102 of the Department of Housing and Urban Development Reform Act of 1989.
HOME INVESTMENT PARTNERSHIPS PROGRAM

For the HOME investment partnerships program, as authorized
under title II of the Cranston-Gonzalez National Affordable Housing
Act (Public Law 101–625), as amended, $1,600,000,000, to remain
available until expended: Provided, That up to $15,000,000 of these
funds shall be available for Housing Counseling under section 106
of the Housing and Urban Development Act of 1968: Provided
further, That $2,000,000 of these funds shall be made available
as a grant to the National Housing Development Corporation for
a program of housing acquisition and rehabilitation: Provided further, That all Housing Counseling program balances previously
appropriated in the ‘‘Housing Counseling Assistance’’ account shall
be transferred to this account, to be available for the purposes
for which they were originally appropriated.

Grants.

HOMELESS ASSISTANCE GRANTS

For the emergency shelter grants program (as authorized under
subtitle B of title IV of the Stewart B. McKinney Homeless Assistance Act, as amended); the supportive housing program (as authorized under subtitle C of title IV of such Act); the section 8 moderate
rehabilitation single room occupancy program (as authorized under
the United States Housing Act of 1937, as amended) to assist
homeless individuals pursuant to section 441 of the Stewart B.
McKinney Homeless Assistance Act; and the shelter plus care program (as authorized under subtitle F of title IV of such Act),
$1,020,000,000, to remain available until expended: Provided, That
not less than 30 percent of these funds shall be used for permanent
housing, and all funding for services must be matched by 25 percent
in funding by each grantee: Provided further, That the Secretary
of Housing and Urban Development shall conduct a review of any
balances of amounts provided under this heading in any previous
appropriations Acts that have been obligated but remain unexpended and shall deobligate any such amounts that the Secretary
determines were obligated for contracts that are unlikely to be
performed and award such amounts during this fiscal year: Provided
further, That up to 1 percent of the funds appropriated under

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PUBLIC LAW 106–74—OCT. 20, 1999

this heading may be used for technical assistance: Provided further,
That all balances previously appropriated in the ‘‘Emergency
Shelter Grants’’, ‘‘Supportive Housing’’, ‘‘Supplemental Assistance
for Facilities to Assist the Homeless’’, ‘‘Shelter Plus Care’’, ‘‘Section
8 Moderate Rehabilitation Single Room Occupancy’’, and ‘‘Innovative Homeless Initiatives Demonstration’’ accounts shall be transferred to and merged with this account, to be available for any
authorized purpose under this heading.
HOUSING PROGRAMS
HOUSING FOR SPECIAL POPULATIONS

Grants.

For assistance for the purchase, construction, acquisition, or
development of additional public and subsidized housing units for
low income families not otherwise provided for, $911,000,000, to
remain available until expended: Provided, That $710,000,000 shall
be for capital advances, including amendments to capital advance
contracts, for housing for the elderly, as authorized by section
202 of the Housing Act of 1959, as amended, and for project rental
assistance, and amendments to contracts for project rental assistance, for the elderly under such section 202(c)(2), and for supportive
services associated with the housing of which amount $50,000,000
shall be for service coordinators and continuation of existing congregate services grants for residents of assisted housing projects,
and of which amount $50,000,000 shall be for grants for conversion
of existing section 202 projects, or portions thereof, to assisted
living or related use, consistent with the relevant provision of
title V of this Act: Provided further, That of the amount under
this heading, $201,000,000 shall be for capital advances, including
amendments to capital advance contracts, for supportive housing
for persons with disabilities, as authorized by section 811 of the
Cranston-Gonzalez National Affordable Housing Act, for project
rental assistance, for amendments to contracts for project rental
assistance, and supportive services associated with the housing
for persons with disabilities as authorized by section 811 of such
Act: Provided further, That the Secretary may designate up to
25 percent of the amounts earmarked under this paragraph for
section 811 of such Act for tenant-based assistance, as authorized
under that section, including such authority as may be waived
under the next proviso, which assistance is 5 years in duration:
Provided further, That the Secretary may waive any provision of
such section 202 and such section 811 (including the provisions
governing the terms and conditions of project rental assistance
and tenant-based assistance) that the Secretary determines is not
necessary to achieve the objectives of these programs, or that otherwise impedes the ability to develop, operate or administer projects
assisted under these programs, and may make provision for alternative conditions or terms where appropriate.
FLEXIBLE SUBSIDY FUND

(TRANSFER

OF FUNDS)

From the Rental Housing Assistance Fund, all uncommitted
balances of excess rental charges as of September 30, 1999, and
any collections made during fiscal year 2000, shall be transferred

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to the Flexible Subsidy Fund, as authorized by section 236(g) of
the National Housing Act, as amended.
FEDERAL HOUSING ADMINISTRATION
FHA—MUTUAL MORTGAGE INSURANCE PROGRAM ACCOUNT

(INCLUDING

TRANSFERS OF FUNDS)

During fiscal year 2000, commitments to guarantee loans to
carry out the purposes of section 203(b) of the National Housing
Act, as amended, shall not exceed a loan principal of
$140,000,000,000.
During fiscal year 2000, obligations to make direct loans to
carry out the purposes of section 204(g) of the National Housing
Act, as amended, shall not exceed $100,000,000: Provided, That
the foregoing amount shall be for loans to nonprofit and governmental entities in connection with sales of single family real properties owned by the Secretary and formerly insured under the
Mutual Mortgage Insurance Fund.
For administrative expenses necessary to carry out the guaranteed and direct loan program, $330,888,000, of which not to exceed
$324,866,000 shall be transferred to the appropriation for ‘‘Salaries
and expenses’’; not to exceed $4,022,000 shall be transferred to
the appropriation for the Office of Inspector General. In addition,
for administrative contract expenses, $160,000,000: Provided, That
to the extent guaranteed loan commitments exceed $49,664,000,000
on or before April 1, 2000, an additional $1,400 for administrative
contract expenses shall be available for each $1,000,000 in additional guaranteed loan commitments (including a pro rata amount
for any amount below $1,000,000), but in no case shall funds
made available by this proviso exceed $16,000,000.
FHA—GENERAL AND SPECIAL RISK PROGRAM ACCOUNT

(INCLUDING

TRANSFERS OF FUNDS)

For the cost of guaranteed loans, as authorized by sections
238 and 519 of the National Housing Act (12 U.S.C. 1715z–3 and
1735c), including the cost of loan guarantee modifications (as that
term is defined in section 502 of the Congressional Budget Act
of 1974, as amended), $153,000,000, including not to exceed
$153,000,000 from unobligated balances previously appropriated
under this heading, to remain available until expended: Provided,
That these funds are available to subsidize total loan principal,
any part of which is to be guaranteed, of up to $18,100,000,000:
Provided further, That any amounts made available in any prior
appropriations Act for the cost (as such term is defined in section
502 of the Congressional Budget Act of 1974) of guaranteed loans
that are obligations of the funds established under section 238
or 519 of the National Housing Act that have not been obligated
or that are deobligated shall be available to the Secretary of Housing
and Urban Development in connection with the making of such
guarantees and shall remain available until expended, notwithstanding the expiration of any period of availability otherwise
applicable to such amounts.
Gross obligations for the principal amount of direct loans, as
authorized by sections 204(g), 207(l), 238, and 519(a) of the National
Housing Act, shall not exceed $50,000,000; of which not to exceed

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PUBLIC LAW 106–74—OCT. 20, 1999

$30,000,000 shall be for bridge financing in connection with the
sale of multifamily real properties owned by the Secretary and
formerly insured under such Act; and of which not to exceed
$20,000,000 shall be for loans to nonprofit and governmental entities in connection with the sale of single-family real properties
owned by the Secretary and formerly insured under such Act.
In addition, for administrative expenses necessary to carry
out the guaranteed and direct loan programs, $211,455,000
(including not to exceed $147,000,000 from unobligated balances
previously appropriated under this heading), of which $193,134,000,
shall be transferred to the appropriation for ‘‘Salaries and
expenses’’; and of which $18,321,000 shall be transferred to the
appropriation for the Office of Inspector General. In addition, for
administrative contract expenses necessary to carry out the guaranteed and direct loan programs, $144,000,000: Provided, That to
the extent guaranteed loan commitments exceed $7,263,000,000
on or before April 1, 2000, an additional $19,800 for administrative
contract expenses shall be available for each $1,000,000 in additional guaranteed loan commitments over $7,263,000,000 (including
a pro rata amount for any increment below $1,000,000), but in
no case shall funds made available by this proviso exceed
$14,400,000.
GOVERNMENT NATIONAL MORTGAGE ASSOCIATION
GUARANTEES OF MORTGAGE-BACKED SECURITIES LOAN GUARANTEE
PROGRAM ACCOUNT

(INCLUDING

TRANSFER OF FUNDS)

During fiscal year 2000, new commitments to issue guarantees
to carry out the purposes of section 306 of the National Housing
Act, as amended (12 U.S.C. 1721(g)), shall not exceed
$200,000,000,000.
For administrative expenses necessary to carry out the guaranteed mortgage-backed securities program, $9,383,000 to be derived
from the GNMA guarantees of mortgage-backed securities guaranteed loan receipt account, of which not to exceed $9,383,000 shall
be transferred to the appropriation for departmental ‘‘Salaries and
expenses’’.
POLICY DEVELOPMENT

AND

RESEARCH

RESEARCH AND TECHNOLOGY

For contracts, grants, and necessary expenses of programs of
research and studies relating to housing and urban problems, not
otherwise provided for, as authorized by title V of the Housing
and Urban Development Act of 1970, as amended (12 U.S.C. 1701z–
1 et seq.), including carrying out the functions of the Secretary
under section 1(a)(1)(i) of Reorganization Plan No. 2 of 1968,
$45,000,000, to remain available until September 30, 2001: Provided, That of the amount provided under this heading, $10,000,000
shall be for the Partnership for Advancing Technology in Housing
(PATH) Initiative and $500,000 shall be for a commission established in section 525 of title V of this Act.

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PUBLIC LAW 106–74—OCT. 20, 1999
FAIR HOUSING

AND

113 STAT. 1067

EQUAL OPPORTUNITY

FAIR HOUSING ACTIVITIES

For contracts, grants, and other assistance, not otherwise provided for, as authorized by title VIII of the Civil Rights Act of
1968, as amended by the Fair Housing Amendments Act of 1988,
and section 561 of the Housing and Community Development Act
of 1987, as amended, $44,000,000, to remain available until September 30, 2001, of which $24,000,000 shall be to carry out activities
pursuant to such section 561: Provided, That no funds made available under this heading shall be used to lobby the executive or
legislative branches of the Federal Government in connection with
a specific contract, grant or loan.
OFFICE

OF

LEAD HAZARD CONTROL

LEAD HAZARD REDUCTION

(INCLUDING

TRANSFER OF FUNDS)

For the Lead Hazard Reduction Program, as authorized by
sections 1011 and 1053 of the Residential Lead-Based Hazard
Reduction Act of 1992, $80,000,000 to remain available until
expended, of which $1,000,000 shall be for CLEARCorps and
$10,000,000 shall be for a Healthy Homes Initiative, which shall
be a program pursuant to sections 501 and 502 of the Housing
and Urban Development Act of 1970 that shall include research,
studies, testing, and demonstration efforts, including education and
outreach concerning lead-based paint poisoning and other housingrelated environmental diseases and hazards: Provided, That all
balances for the Lead Hazard Reduction Programs previously
funded in the Annual Contributions for Assisted Housing and
Community Development Block Grant accounts shall be transferred
to this account, to be available for the purposes for which they
were originally appropriated.
MANAGEMENT

AND

ADMINISTRATION

SALARIES AND EXPENSES

(INCLUDING

TRANSFERS OF FUNDS)

For necessary administrative and non-administrative expenses
of the Department of Housing and Urban Development, not otherwise provided for, including not to exceed $7,000 for official reception and representation expenses, $1,005,733,000, of which
$518,000,000 shall be provided from the various funds of the Federal
Housing Administration, $9,383,000 shall be provided from funds
of the Government National Mortgage Association, $1,000,000 shall
be provided from the ‘‘Community development block grants program’’ account, $150,000 shall be provided by transfer from the
‘‘Title VI indian federal guarantees program’’ account, and $200,000
shall be provided by transfer from the ‘‘Indian housing loan guarantee fund program’’ account: Provided, That the Secretary is
prohibited from using any funds under this heading or any other
heading in this Act from employing more than 77 schedule C
and 20 noncareer Senior Executive Service employees: Provided
further, That the Secretary is prohibited from using funds under

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113 STAT. 1068

PUBLIC LAW 106–74—OCT. 20, 1999

this heading or any other heading in this Act to employ more
than 9,300 employees: Provided further, That the Secretary is
prohibited from using funds under this heading or any other
heading in this Act to convert any external community builders
to career employees, and after September 1, 2000 to employ any
external community builders: Provided further, That the Secretary
is prohibited from using funds under this heading or any other
heading in this Act to employ more than 14 employees in the
Office of Public Affairs: Provided further, That of the amount made
available under this heading, $2,000,000 shall be for the Millennial
Housing Commission as established under section 206.
OFFICE OF INSPECTOR GENERAL

(INCLUDING

TRANSFER OF FUNDS)

For necessary expenses of the Office of Inspector General in
carrying out the Inspector General Act of 1978, as amended,
$83,000,000, of which $22,343,000 shall be provided from the various funds of the Federal Housing Administration and $10,000,000
shall be provided from the amount earmarked for Operation Safe
Home in the appropriation for ‘‘Drug elimination grants for lowincome housing’’: Provided, That the Inspector General shall have
independent authority over all personnel issues within the Office
of Inspector General.
OFFICE

OF

FEDERAL HOUSING ENTERPRISE OVERSIGHT
SALARIES AND EXPENSES

(INCLUDING

TRANSFER OF FUNDS)

For carrying out the Federal Housing Enterprise Financial
Safety and Soundness Act of 1992, including not to exceed $500
for official reception and representation expenses, $19,493,000, to
remain available until expended, to be derived from the Federal
Housing Enterprise Oversight Fund: Provided, That not to exceed
such amount shall be available from the General Fund of the
Treasury to the extent necessary to incur obligations and make
expenditures pending the receipt of collections to the Fund: Provided
further, That the General Fund amount shall be reduced as collections are received during the fiscal year so as to result in a final
appropriation from the General Fund estimated at not more than
$0.
ADMINISTRATIVE PROVISIONS
FINANCING ADJUSTMENT FACTORS

SEC. 201. Fifty percent of the amounts of budget authority,
or in lieu thereof 50 percent of the cash amounts associated with
such budget authority, that are recaptured from projects described
in section 1012(a) of the Stewart B. McKinney Homeless Assistance
Amendments Act of 1988 (Public Law 100–628; 102 Stat. 3224,
3268) shall be rescinded, or in the case of cash, shall be remitted
to the Treasury, and such amounts of budget authority or cash
recaptured and not rescinded or remitted to the Treasury shall
be used by State housing finance agencies or local governments
or local housing agencies with projects approved by the Secretary

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PUBLIC LAW 106–74—OCT. 20, 1999

113 STAT. 1069

of Housing and Urban Development for which settlement occurred
after January 1, 1992, in accordance with such section. Notwithstanding the previous sentence, the Secretary may award up to
15 percent of the budget authority or cash recaptured and not
rescinded or remitted to the Treasury to provide project owners
with incentives to refinance their project at a lower interest rate.
FAIR HOUSING AND FREE SPEECH

SEC. 202. None of the amounts made available under this
Act may be used during fiscal year 2000 to investigate or prosecute
under the Fair Housing Act any otherwise lawful activity engaged
in by one or more persons, including the filing or maintaining
of a nonfrivolous legal action, that is engaged in solely for the
purpose of achieving or preventing action by a Government official
or entity, or a court of competent jurisdiction.
HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS GRANTS

SEC. 203. Section 207 of the Departments of Veterans Affairs
and Housing and Urban Development, and Independent Agencies
Appropriations Act, 1999, is amended by striking wherever it occurs
‘‘fiscal year 1999’’ and inserting ‘‘fiscal years 1999 and 2000’’.

112 Stat. 2484.

REPROGRAMMING

SEC. 204. Of the amounts made available under the sixth
undesignated paragraph under the heading ‘‘COMMUNITY PLANNING
AND DEVELOPMENT—COMMUNITY DEVELOPMENT BLOCK GRANTS’’ in
title II of the Departments of Veterans Affairs and Housing and
Urban Development, and Independent Agencies Appropriations Act,
1999 (Public Law 105–276; 112 Stat. 2477) for the Economic
Development Initiative (EDI) for grants for targeted economic
investments, the $1,000,000 to be made available (pursuant to
the related provisions of the joint explanatory statement in the
conference report to accompany such Act (House Report No. 105–
769, 105th Congress, 2d session)) to the City of Redlands, California,
for the redevelopment initiatives near the historic Fox Theater
shall, notwithstanding such provisions, be made available to such
city for the following purposes:
(1) $700,000 shall be for renovation of the City of Redlands
Fire Station No. 1;
(2) $200,000 shall be for renovation of the Mission Gables
House at the Redlands Bowl historic outdoor amphitheater;
and
(3) $100,000 shall be for the preservation of historic Hillside
Cemetery.

Grants.
California.

ADJUSTMENTS TO INCOME ELIGIBILITY FOR UNUSUALLY HIGH OR LOW
FAMILIES INCOMES IN ASSISTED HOUSING

SEC. 205. Section 16 of the United States Housing Act of
1937 is 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

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113 STAT. 1070

PUBLIC LAW 106–74—OCT. 20, 1999
(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

42 USC 12701
note.

Deadline.

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SEC. 206. (a) ESTABLISHMENT.—There is hereby established
a commission to be known as the Millennial Housing Commission
(in this section referred to as the ‘‘Commission’’).
(b) STUDY.—The duty of the Commission shall be to conduct
a study that examines, analyzes, and explores—
(1) the importance of housing, particularly affordable
housing which includes housing for the elderly, to the infrastructure of the United States;
(2) the various possible methods for increasing the role
of the private sector in providing affordable housing in the
United States, including the effectiveness and efficiency of such
methods; and
(3) whether the existing programs of the Department of
Housing and Urban Development work in conjunction with
one another to provide better housing opportunities for families,
neighborhoods, and communities, and how such programs can
be improved with respect to such purpose.
(c) MEMBERSHIP.—
(1) NUMBER 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.

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PUBLIC LAW 106–74—OCT. 20, 1999

113 STAT. 1071

(C) Ten members appointed by the Chairman and
Ranking Minority Member of the Committee on Appropriations of the Senate and the Chairman and Ranking
Minority Member of the Committee on Banking, Housing,
and Urban Affairs of the Senate.
(2) QUALIFICATIONS.—Appointees should have proven
expertise in directing, assemblying, or applying capital
resources from a variety of sources to the successful development of affordable housing or the revitalization of communities,
including economic and job development.
(3) VACANCIES.—Any vacancy on the Commission shall not
affect its powers and shall be filled in the manner in which
the original appointment was made.
(4) CHAIRPERSONS.—The members appointed pursuant to
paragraph (1)(A) shall serve as co-chairpersons of the Commission.
(5) PROHIBITION OF PAY.—Members of the Commission shall
serve without pay.
(6) TRAVEL EXPENSES.—Each member of the Commission
shall receive travel expenses, including per diem in lieu of
subsistence, in accordance with sections 5702 and 5703 of title
5, United States Code.
(7) QUORUM.—A majority of the members of the Commission shall constitute a quorum but a lesser number may hold
hearings.
(8) MEETINGS.—The Commission shall meet at the call
of the Chairpersons.
(d) DIRECTOR AND STAFF.—
(1) DIRECTOR.—The Commission shall have a Director who
shall be appointed by the Chairperson. The Director shall be
paid at a rate not to exceed the rate of basic pay payable
for level V of the Executive Schedule.
(2) STAFF.—The Commission may appoint personnel as
appropriate. The staff of the Commission shall be appointed
subject to the provisions of title 5, United States Code, governing appointments in the competitive service, and shall be
paid in accordance with the provisions of chapter 51 and subchapter III of chapter 53 of that title relating to classification
and General Schedule pay rates.
(3) EXPERTS AND CONSULTANTS.—The Commission may procure temporary and intermittent services under section 3109(b)
of title 5, United States Code, but at rates for individuals
not to exceed the daily equivalent of the maximum annual
rate of basic pay payable for the General Schedule.
(4) STAFF OF FEDERAL AGENCIES.—Upon request of the
Commission, the head of any Federal department or agency
may detail, on a reimbursable basis, any of the personnel
of that department or agency to the Commission to assist
it in carrying out its duties under this Act.
(e) POWERS.—
(1) HEARINGS AND SESSIONS.—The Commission may, for
the purpose of carrying out this section, hold hearings, sit
and act at times and places, take testimony, and receive evidence as the Commission considers appropriate.
(2) POWERS OF MEMBERS AND AGENTS.—Any member or
agent of the Commission may, if authorized by the Commission,

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113 STAT. 1072

Deadline.

PUBLIC LAW 106–74—OCT. 20, 1999

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

SEC. 207. Section 203(b)(2)(A)(ii) of the National Housing Act
(12 U.S.C. 1709(b)(2)(A)(ii)) is amended by adding before ‘‘48 percent’’ the following: ‘‘the greater of the dollar amount limitation
in effect under this section for the area on the date of the enactment
of the Departments of Veterans Affairs and Housing and Urban
Development, and Independent Agencies Appropriations Act for
Fiscal Year 1999 or’’.
RESCISSIONS

SEC. 208. Of the balances remaining from funds appropriated
to the Department of Housing and Urban Development in Public
Law 105–65 and prior appropriations Acts, $74,400,000 is rescinded:
Provided, That the amount rescinded shall be comprised of—

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113 STAT. 1073

(1) $30,552,000 of the amounts that were appropriated
for the modernization of public housing unit; under the heading
‘‘Annual contributions for assisted housing’’, including an
amount equal to the amount transferred from such account
to, and merged with amounts under the heading ‘‘Public
housing capital fund’’;
(2) $3,048,000 of the amounts from which no disbursements
have been made within five successive fiscal years beginning
after September 30, 1993, that were appropriated under the
heading ‘‘Annual contributions for assisted housing’’, including
an amount equal to the amount transferred from such account
to the account under the heading ‘‘Housing certificate fund’’;
(3) $22,975,000 of amounts appropriated for homeownership assistance under section 235(r) of the National Housing
Act, including $6,875,000 appropriated in Public Law 103–
327 (approved September 28, 1994, 104 Stat. 2305) for such
purposes;
(4) $11,400,000 of the amounts appropriated for the
Homeownership and Opportunity for People Everywhere programs (HOPE programs), as authorized by the CranstonGonzalez National Affordable Housing Act; and
(5) $6,400,000 of the balances remaining in the account
under the heading ‘‘Nonprofit Sponsor Assistance Account’’.
GRANT FOR NATIONAL CITIES IN SCHOOLS

SEC. 209. For a grant to the National Cities in Schools Community Development program under section 930 of the Housing and
Community Development Act of 1992, $5,000,000.
MOVING TO WORK DEMONSTRATION

SEC. 210. For the Jobs-Plus Initiative of the Moving to Work
Demonstration, $5,000,000 to cover the cost of rent-based work
incentives to families in selected public housing developments, who
shall be encouraged to go to work under work incentive plans
approved by the Secretary and carefully tracked as part of the
research and demonstration effort.
REPEALER

SEC. 211. Section 218 of Public Law 104–204 is repealed.

110 Stat. 2905.

FHA ADMINISTRATIVE CONTRACT EXPENSE AUTHORITY

SEC. 212. Section 1 of the National Housing Act (12 U.S.C.
1702) is amended by inserting the following new sentence after
the first proviso: ‘‘Except with respect to title III, for the purposes
of this section, the term ‘nonadministrative’ shall not include contract expenses that are not capitalized or routinely deducted from
the proceeds of sales, and such expenses shall not be payable
from funds made available by this Act.’’.
FULL PAYMENT OF CLAIMS

SEC. 213. (a) Section 541 of the National Housing Act is
amended—

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113 STAT. 1074

PUBLIC LAW 106–74—OCT. 20, 1999
(1) by amending the heading to read as follows: ‘‘PARTIAL
PAYMENT OF CLAIMS ON DEFAULTED MORTGAGES AND IN CONNECTION WITH MORTGAGE RESTRUCTURING’’; and

42 USC 1437f
note.

(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

SEC. 214. (a) Section 3(f ) of the United States Housing Act
of 1937 (42 U.S.C. 1437a), as amended by section 508(d)(1) of
the Quality Housing and Work Responsibility Act of 1998, is further
amended—
(1) in paragraph (1)—
(A) after the first appearance of ‘‘public housing
agency’’ by inserting ‘‘, or the owner responsible for determining the participant’s eligibility or level of benefits,’’;
and
(B) after ‘‘as applicable’’ by inserting ‘‘, or to the owner
responsible for determining the participant’s eligibility or
level of benefits’’; and
(2) in paragraph (2)—
(A) in subparagraph (A) by striking ‘‘or’’;
(B) in subparagraph (B) by striking the period and
inserting ‘‘, or’’; and
(C) by inserting at the end the following new subparagraph:
‘‘(C) for which project-based assistance is provided under
section 8, section 202, or section 811.’’.
(b) Section 904(b) of the Stewart B. McKinney Homeless Assistance Amendments Act of 1988 (42 U.S.C. 3544), as amended by
section 508(d)(2) of the Quality Housing and Work Responsibility
Act of 1998, is further amended in paragraph (4)—
(1) by inserting after ‘‘public housing agency’’ the first
time it appears the following: ‘‘, or the owner responsible for
determining the participant’s eligibility or level of benefits,’’;
and
(2) by striking ‘‘the public housing agency verifying income’’
and inserting ‘‘verifying income’’.
EXEMPTION FOR ALASKA AND MISSISSIPPI FROM REQUIREMENT OF
RESIDENT ON BOARD

SEC. 215. Public housing agencies in the States of Alaska
and Mississippi shall not be required to comply with section 2(b)
of the United States Housing Act of 1937, as amended, during
fiscal year 2000.

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113 STAT. 1075

ADMINISTRATION OF THE CDBG PROGRAM BY NEW YORK STATE

SEC. 216. The Secretary of Housing and Urban Development
shall transfer on the date of the enactment of this Act the administration of the Small Cities component of the Community Development Block Grants program for all funds allocated for the State
of New York under section 106(d) of the Housing and Community
Development Act of 1974 for fiscal year 2000 and all fiscal years
thereafter, to the State of New York to be administered by the
Governor of such State.
SECTION

202

EXEMPTION

SEC. 217. Notwithstanding section 202 of the Housing Act of
1959 or any other provision of law, Peggy A. Burgin may not
be disqualified on the basis of age from residing at Clark’s Landing
in Groton, Vermont.

Peggy A. Burgin.

DARLINTON PRESERVATION AMENDMENT

SEC. 218. Notwithstanding any other provision of law, upon
prepayment of the FHA-insured section 236 mortgage, the Secretary
shall continue to provide interest reduction payment in accordance
with the existing amortization schedule for Darlinton Manor Apartments, a 100-unit project located at 606 North 5th Street, Bozemen,
Montana, which will continue as affordable housing pursuant to
a use agreement with the State of Montana.
RISK-SHARING PRIORITY

SEC. 219. Section 517(b)(3) of the Departments of Veterans
Affairs and Housing and Urban Development, and Independent
Agencies Appropriations Act, 1998 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.’’.

42 USC 1437f
note.

TREATMENT OF EXPIRING ECONOMIC DEVELOPMENT INITIATIVE
GRANTS

SEC. 220. (a) AVAILABILITY.—Notwithstanding section 1552 of
title 31, United States Code, the grant amounts identified in subsection (b) shall remain available to the grantees for the purposes
for which such amounts were obligated through September 30,
2000.
(b) GRANTS.—The grant amounts identified in this subsection
are the amounts provided under the following grants made by
the Secretary of Housing and Urban Development under the economic development initiative under section 108(q) of the Housing
and Community Development Act of 1974 (42 U.S.C. 5308(q)):
(1) The grant for Miami, Florida, designated as B–92–
ED–12–013.
(2) The grant for Miami Beach, Florida, designated as
B–92–ED–12–014.

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PUBLIC LAW 106–74—OCT. 20, 1999

(c) EFFECTIVE DATE.—This section shall be considered to have
taken effect on September 30, 1999. The Secretary of the Treasury
and the Secretary of Housing and Urban Development shall take
such actions as may be necessary to carry out this section, notwithstanding any actions taken previously pursuant to section 1552
of title 31, United States Code.
USE OF TRUSTS WITH REGARD TO COOPERATIVE HOUSING SECTION

SEC. 221. Section 213(a) of the National Housing Act (12 U.S.C.
1715e(a)) is amended by adding at the end the following new
sentence: ‘‘Nothing in this section may be construed to prevent
membership in a nonprofit housing cooperative from being held
in the name of a trust, the beneficiary of which shall occupy the
dwelling unit in accordance with rules and regulations prescribed
by the Secretary.’’.
GRANT TECHNICAL CORRECTION

SEC. 222. Notwithstanding any other provision of law, the
amount made available under the Departments of Veterans Affairs
and Housing and Urban Development, and Independent Agencies
Appropriations Act, 1991 (Public Law 101–507) for a special purpose
grant under section 107 of the Housing and Community Development Act of 1974 to the County of Hawaii for the purpose of
an environmental impact statement for the development of a water
resource system in Kohala, Hawaii, that is unobligated on the
date of the enactment of this Act, may be used to fund water
system improvements, including exploratory wells, well drillings,
pipeline replacements, water system planning and design, and
booster pump and reservoir development.
REUSE OF CERTAIN BUDGET AUTHORITY

42 USC 1437f.

SEC. 223. Section 8(z) of the United States Housing Act of
1937 is amended—
(1) in paragraph (1)—
(A) by inserting after ‘‘on account of’’ the following:
‘‘expiration or’’; and
(B) by striking the parenthetical phrase; and
(2) by striking paragraph (3).
SECTION

108

WAIVER

SEC. 224. With respect to the $6,700,000 commitment in connection with guaranteed obligations for the Sandtown-Winchester
Home Ownership Zone under section 108 of the Housing and
Community Development Act of 1974, the Secretary shall not
require security in excess of that authorized under section
108(d)(1)(B).
HOPWA TECHNICAL

Pennsylvania.
New Jersey.

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SEC. 225. (a) Notwithstanding any other provision of law, the
amount allocated for fiscal year 2000, and the amounts that would
otherwise be allocated for fiscal year 2001, to the City of Philadelphia, Pennsylvania on behalf of the Philadelphia, PA-NJ Primary
Metropolitan Area (hereafter ‘‘metropolitan area’’), under section
854(c) of the AIDS Housing Opportunity Act (42 U.S.C. 12903(c)),

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PUBLIC LAW 106–74—OCT. 20, 1999

113 STAT. 1077

the Secretary of Housing and Urban Development shall adjust
such amounts by allocating to the State of New Jersey the proportion of the metropolitan area’s amount that is based on the number
of cases of AIDS reported in the portion of the metropolitan area
that is located in New Jersey.
(b) The State of New Jersey shall use amounts allocated to
the State under this section to carry out eligible activities under
section 855 of the AIDS Housing Opportunity Act (42 U.S.C. 12904)
in the portion of the metropolitan area that is located in New
Jersey.
TITLE III—INDEPENDENT AGENCIES
AMERICAN BATTLE MONUMENTS COMMISSION
SALARIES AND EXPENSES

For necessary expenses, not otherwise provided for, of the
American Battle Monuments Commission, including the acquisition
of land or interest in land in foreign countries; purchases and
repair of uniforms for caretakers of national cemeteries and monuments outside of the United States and its territories and possessions; rent of office and garage space in foreign countries; purchase
(one for replacement only) and hire of passenger motor vehicles;
and insurance of official motor vehicles in foreign countries, when
required by law of such countries, $28,467,000, to remain available
until expended.
CHEMICAL SAFETY

AND

HAZARD INVESTIGATION BOARD

SALARIES AND EXPENSES

For necessary expenses in carrying out activities pursuant to
section 112(r)(6) of the Clean Air Act, including hire of passenger
vehicles, and for services authorized by 5 U.S.C. 3109, but at
rates for individuals not to exceed the per diem equivalent to
the maximum rate payable for senior level positions under 5 U.S.C.
5376, $8,000,000: Provided, That the Chemical Safety and Hazard
Investigation Board shall have not more than three career Senior
Executive Service positions.
DEPARTMENT

OF THE

TREASURY

COMMUNITY DEVELOPMENT FINANCIAL INSTITUTIONS
COMMUNITY DEVELOPMENT FINANCIAL INSTITUTIONS
FUND PROGRAM ACCOUNT

For grants, loans, and technical assistance to qualifying community development lenders, and administrative expenses of the Fund,
including services authorized by 5 U.S.C. 3109, but at rates for
individuals not to exceed the per diem rate equivalent to the rate
for ES–3, $95,000,000, to remain available until September 30,
2001, of which up to $7,860,000 may be used for administrative
expenses, up to $16,500,000 may be used for the cost of direct
loans, and up to $1,000,000 may be used for administrative expenses
to carry out the direct loan program: Provided, That the cost of

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113 STAT. 1078

PUBLIC LAW 106–74—OCT. 20, 1999

direct loans, including the cost of modifying such loans, shall be
as defined in section 502 of the Congressional Budget Act of 1974:
Provided further, That these funds are available to subsidize gross
obligations for the principal amount of direct loans not to exceed
$53,140,000: Provided further, That not more than $30,000,000
of the funds made available under this heading may be used for
programs and activities authorized in section 114 of the Community
Development Banking and Financial Institutions Act of 1994.
CONSUMER PRODUCT SAFETY COMMISSION
SALARIES AND EXPENSES

For necessary expenses of the Consumer Product Safety
Commission, including hire of passenger motor vehicles, services
as authorized by 5 U.S.C. 3109, but at rates for individuals not
to exceed the per diem rate equivalent to the maximum rate payable
under 5 U.S.C. 5376, purchase of nominal awards to recognize
non-Federal officials’ contributions to Commission activities, and
not to exceed $500 for official reception and representation expenses,
$49,000,000.
CORPORATION

FOR

NATIONAL

AND

COMMUNITY SERVICE

NATIONAL AND COMMUNITY SERVICE PROGRAMS
OPERATING EXPENSES

(INCLUDING

TRANSFER OF FUNDS)

For necessary expenses for the Corporation for National and
Community Service (referred to in the matter under this heading
as the ‘‘Corporation’’) in carrying out programs, activities, and initiatives under the National and Community Service Act of 1990
(referred to in the matter under this heading as the ‘‘Act’’) (42
U.S.C. 12501 et seq.), $434,500,000, to remain available until September 30, 2000: Provided, That not more than $28,500,000 shall
be available for administrative expenses authorized under section
501(a)(4) of the Act (42 U.S.C. 12671(a)(4)) with not less than
$1,500,000 targeted to administrative needs, not including salaries
and expenses, identified as urgent by the Corporation without
regard to the provisions of section 501(a)(4)(B) of the Act: Provided
further, That not more than $2,500 shall be for official reception
and representation expenses: Provided further, That not more than
$70,000,000, to remain available without fiscal year limitation, shall
be transferred to the National Service Trust account for educational
awards authorized under subtitle D of title I of the Act (42 U.S.C.
12601 et seq.), of which not to exceed $5,000,000 shall be available
for national service scholarships for high school students performing
community service: Provided further, That not more than
$234,000,000 of the amount provided under this heading shall be
available for grants under the National Service Trust program
authorized under subtitle C of title I of the Act (42 U.S.C. 12571
et seq.) (relating to activities including the AmeriCorps program),
of which not more than $45,000,000 may be used to administer,
reimburse, or support any national service program authorized
under section 121(d)(2) of such Act (42 U.S.C. 12581(d)(2)): Provided
further, That not more than $7,500,000 of the funds made available
under this heading shall be made available for the Points of Light

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PUBLIC LAW 106–74—OCT. 20, 1999

113 STAT. 1079

Foundation for activities authorized under title III of the Act (42
U.S.C. 12661 et seq.): Provided further, That no funds shall be
available for national service programs run by Federal agencies
authorized under section 121(b) of such Act (42 U.S.C. 12571(b)):
Provided further, That to the maximum extent feasible, funds appropriated under subtitle C of title I of the Act shall be provided
in a manner that is consistent with the recommendations of peer
review panels in order to ensure that priority is given to programs
that demonstrate quality, innovation, replicability, and sustainability: Provided further, That not more than $18,000,000 of the
funds made available under this heading shall be available for
the Civilian Community Corps authorized under subtitle E of title
I of the Act (42 U.S.C. 12611 et seq.): Provided further, That
not more than $43,000,000 shall be available for school-based and
community-based service-learning programs authorized under subtitle B of title I of the Act (42 U.S.C. 12521 et seq.): Provided
further, That not more than $28,500,000 shall be available for
quality and innovation activities authorized under subtitle H of
title I of the Act (42 U.S.C. 12853 et seq.): Provided further, That
not more than $5,000,000 shall be available for audits and other
evaluations authorized under section 179 of the Act (42 U.S.C.
12639): Provided further, That to the maximum extent practicable,
the Corporation shall increase significantly the level of matching
funds and in-kind contributions provided by the private sector,
shall expand significantly the number of educational awards provided under subtitle D of title I, and shall reduce the total Federal
costs per participant in all programs: Provided further, That of
amounts available in the National Service Trust account from previous appropriations Acts, $80,000,000 shall be rescinded.
OFFICE OF INSPECTOR GENERAL

For necessary expenses of the Office of Inspector General in
carrying out the Inspector General Act of 1978, as amended,
$4,000,000.
COURT

OF

VETERANS APPEALS

SALARIES AND EXPENSES

For necessary expenses for the operation of the United States
Court of Veterans Appeals as authorized by 38 U.S.C. 7251–7298,
$11,450,000, of which $910,000, shall be available for the purpose
of providing financial assistance as described, and in accordance
with the process and reporting procedures set forth, under this
heading in Public Law 102–229.
DEPARTMENT

OF

DEFENSE—CIVIL

CEMETERIAL EXPENSES, ARMY
SALARIES AND EXPENSES

For necessary expenses, as authorized by law, for maintenance,
operation, and improvement of Arlington National Cemetery and
Soldiers’ and Airmen’s Home National Cemetery, including the
purchase of one passenger motor vehicle for replacement only, and
not to exceed $1,000 for official reception and representation
expenses, $12,473,000, to remain available until expended.

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113 STAT. 1080

PUBLIC LAW 106–74—OCT. 20, 1999
ENVIRONMENTAL PROTECTION AGENCY
SCIENCE AND TECHNOLOGY

(INCLUDING

TRANSFER OF FUNDS)

For science and technology, including research and development
activities, which shall include research and development activities
under the Comprehensive Environmental Response, Compensation,
and Liability Act of 1980 (CERCLA), as amended; necessary
expenses for personnel and related costs and travel expenses,
including uniforms, or allowances therefore, as authorized by 5
U.S.C. 5901–5902; services as authorized by 5 U.S.C. 3109, but
at rates for individuals not to exceed the per diem rate equivalent
to the maximum rate payable for senior level positions under 5
U.S.C. 5376; procurement of laboratory equipment and supplies;
other operating expenses in support of research and development;
construction, alteration, repair, rehabilitation, and renovation of
facilities, not to exceed $75,000 per project, $645,000,000, which
shall remain available until September 30, 2001: Provided, That
the obligated balance of sums available in this account shall remain
available through September 30, 2008 for liquidating obligations
made in fiscal years 2000 and 2001: Provided further, That the
obligated balance of funds transferred to this account in Public
Law 105–276 shall remain available through September 30, 2007
for liquidating obligations made in fiscal years 1999 and 2000.
ENVIRONMENTAL PROGRAMS AND MANAGEMENT

For environmental programs and management, including necessary expenses, not otherwise provided for, for personnel and
related costs and travel expenses, including uniforms, or allowances
therefore, as authorized by 5 U.S.C. 5901–5902; services as authorized by 5 U.S.C. 3109, but at rates for individuals not to exceed
the per diem rate equivalent to the maximum rate payable for
senior level positions under 5 U.S.C. 5376; hire of passenger motor
vehicles; hire, maintenance, and operation of aircraft; purchase
of reprints; library memberships in societies or associations which
issue publications to members only or at a price to members lower
than to subscribers who are not members; construction, alteration,
repair, rehabilitation, and renovation of facilities, not to exceed
$75,000 per project; and not to exceed $6,000 for official reception
and representation expenses, $1,900,000,000, which shall remain
available until September 30, 2001: Provided, That the obligated
balance of such sums shall remain available through September
30, 2008 for liquidating obligations made in fiscal years 2000 and
2001: Provided further, That none of the funds appropriated by
this Act shall be used to propose or issue rules, regulations, decrees,
or orders for the purpose of implementation, or in preparation
for implementation, of the Kyoto Protocol which was adopted on
December 11, 1997, in Kyoto, Japan at the Third Conference of
the Parties to the United Nations Framework Convention on Climate Change, which has not been submitted to the Senate for
advice and consent to ratification pursuant to article II, section
2, clause 2, of the United States Constitution, and which has
not entered into force pursuant to article 25 of the Protocol: Provided
further, That none of the funds made available in this Act may
be used to implement or administer the interim guidance issued

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PUBLIC LAW 106–74—OCT. 20, 1999

113 STAT. 1081

on February 5, 1998, by the Environmental Protection Agency
relating to title VI of the Civil Rights Act of 1964 and designated
as the ‘‘Interim Guidance for Investigating Title VI Administrative
Complaints Challenging Permits’’ with respect to complaints filed
under such title after October 21, 1998, and until guidance is
finalized. Nothing in this proviso may be construed to restrict
the Environmental Protection Agency from developing or issuing
final guidance relating to title VI of the Civil Rights Act of 1964:
Provided further, That notwithstanding 7 U.S.C. 136r and 15 U.S.C.
2609, beginning in fiscal year 2000 and thereafter, grants awarded
under section 20 of the Federal Insecticide, Fungicide, and
Rodenticide Act, as amended, and section 10 of the Toxic Substances
Control Act, as amended, shall be available for research, development, monitoring, public education, training, demonstrations, and
studies: Provided further, That the unexpended funds remaining
from the $2,200,000 appropriated under this heading in Public
Law 105–276 for a grant to the Lake Ponchartrain Basin Foundation circuit rider initiative in Louisiana shall be transferred to
the ‘‘State and tribal assistance grants’’ appropriation to remain
available until expended for making grants for the construction
of wastewater and water treatment facilities and groundwater
protection infrastructure in accordance with the terms and conditions specified for such grants in the report accompanying that
Act.

7 USC 136r note.

OFFICE OF INSPECTOR GENERAL

For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
as amended, and for construction, alteration, repair, rehabilitation,
and renovation of facilities, not to exceed $75,000 per project,
$32,409,000, to remain available until September 30, 2001: Provided, That the sums available in this account shall remain available through September 30, 2008 for liquidating obligations made
in fiscal years 2000 and 2001: Provided further, That the obligated
balance of funds transferred to this account in Public Law 105–
276 shall remain available through September 30, 2007 for liquidating obligations made in fiscal years 1999 and 2000.
BUILDINGS AND FACILITIES

For construction, repair, improvement, extension, alteration,
and purchase of fixed equipment or facilities of, or for use by,
the Environmental Protection Agency, $62,600,000, to remain available until expended.
HAZARDOUS SUBSTANCE SUPERFUND

(INCLUDING

TRANSFER OF FUNDS)

For necessary expenses to carry out the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980
(CERCLA), as amended, including sections 111(c)(3), (c)(5), (c)(6),
and (e)(4) (42 U.S.C. 9611), and for construction, alteration, repair,
rehabilitation, and renovation of facilities, not to exceed $75,000
per project; $1,400,000,000 (of which $100,000,000 shall not become
available until September 1, 2000), to remain available until
expended, consisting of $700,000,000, as authorized by section
517(a) of the Superfund Amendments and Reauthorization Act of

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113 STAT. 1082

PUBLIC LAW 106–74—OCT. 20, 1999

1986 (SARA), as amended by Public Law 101–508, and $700,000,000
as a payment from general revenues to the Hazardous Substance
Superfund for purposes as authorized by section 517(b) of SARA,
as amended by Public Law 101–508: Provided, That funds appropriated under this heading may be allocated to other Federal agencies in accordance with section 111(a) of CERCLA: Provided further,
That $11,000,000 of the funds appropriated under this heading
shall be transferred to the ‘‘Office of Inspector General’’ appropriation to remain available until September 30, 2001: Provided further,
That $38,000,000 of the funds appropriated under this heading
shall be transferred to the ‘‘Science and technology’’ appropriation
to remain available until September 30, 2001: Provided further,
That notwithstanding section 111(m) of CERCLA or any other provision of law, $70,000,000 of the funds appropriated under this
heading shall be available to the Agency for Toxic Substances
and Disease Registry (ATSDR) to carry out activities described
in sections 104(i), 111(c)(4), and 111(c)(14) of CERCLA and section
118(f ) of SARA: Provided further, That notwithstanding any other
provision of law, in lieu of performing a health assessment under
section 104(i)(6) of CERCLA, the Administrator of ATSDR may
conduct other appropriate health studies, evaluations or activities,
including, without limitation, biomedical testing, clinical evaluations, medical monitoring, and referral to accredited health care
providers: Provided further, That in performing any such health
assessment or health study, evaluation, or activity, the Administrator of ATSDR shall not be bound by the deadlines in section
104(i)(6)(A): Provided further, That none of the funds appropriated
under this heading shall be available for ATSDR to issue in excess
of 40 toxicological profiles pursuant to section 104(i) of CERCLA
during fiscal year 2000.
LEAKING UNDERGROUND STORAGE TANK PROGRAM

For necessary expenses to carry out leaking underground storage tank cleanup activities authorized by section 205 of the Superfund Amendments and Reauthorization Act of 1986, and for
construction, alteration, repair, rehabilitation, and renovation of
facilities, not to exceed $75,000 per project, $70,000,000, to remain
available until expended.
OIL SPILL RESPONSE

(INCLUDING

TRANSFER OF FUNDS)

For expenses necessary to carry out the Environmental Protection Agency’s responsibilities under the Oil Pollution Act of 1990,
$15,000,000, to be derived from the Oil Spill Liability trust fund,
to remain available until expended.
STATE AND TRIBAL ASSISTANCE GRANTS

For environmental programs and infrastructure assistance,
including capitalization grants for State revolving funds and
performance partnership grants, $3,466,650,000, to remain available until expended, of which $1,350,000,000 shall be for making
capitalization grants for the Clean Water State Revolving Funds
under title VI of the Federal Water Pollution Control Act, as
amended; $820,000,000 shall be for capitalization grants for the
Drinking Water State Revolving Funds under section 1452 of the

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113 STAT. 1083

Safe Drinking Water Act, as amended, except that, notwithstanding
section 1452(n) of the Safe Drinking Water Act, as amended, none
of the funds made available under this heading in this Act, or
in previous appropriations Acts, shall be reserved by the Administrator for health effects studies on drinking water contaminants;
$50,000,000 shall be for architectural, engineering, planning,
design, construction and related activities in connection with the
construction of high priority water and wastewater facilities in
the area of the United States-Mexico Border, after consultation
with the appropriate border commission; $30,000,000 shall be for
grants to the State of Alaska to address drinking water and wastewater infrastructure needs of rural and Alaska Native Villages;
$331,650,000 shall be for making grants for the construction of
wastewater and water treatment facilities and groundwater protection infrastructure in accordance with the terms and conditions
specified for such grants in the conference report and joint explanatory statement of the committee of conference accompanying this
Act (H.R. 2684); and $885,000,000 shall be for grants, including
associated program support costs, to States, federally recognized
tribes, interstate agencies, tribal consortia, and air pollution control
agencies for multi-media or single media pollution prevention, control and abatement and related activities, including activities pursuant to the provisions set forth under this heading in Public Law
104–134, and for making grants under section 103 of the Clean
Air Act for particulate matter monitoring and data collection activities: Provided, That notwithstanding section 603(d)(7) of the Federal
Water Pollution Control Act, as amended, the limitation on the
amounts in a State water pollution control revolving fund that
may be used by a State to administer the fund shall not apply
to amounts included as principal in loans made by such fund
in fiscal year 2000 and prior years where such amounts represent
costs of administering the fund, or by the State of New York
for fiscal year 2000 and prior years, costs of capitalizing the fund,
to the extent that such amounts are or were deemed reasonable
by the Administrator, accounted for separately from other assets
in the fund, and used for eligible purposes of the fund, including
administration, or, by the State of New York for fiscal year 2000
and prior years, for capitalization of the fund: Provided further,
That notwithstanding section 518(f ) of the Federal Water Pollution
Control Act, the Administrator is authorized to use the amounts
appropriated for any fiscal year under section 319 of that Act
to make grants to Indian tribes pursuant to section 319(h) and
518(e) of that Act: Provided further, That notwithstanding any
other provision of law, in the case of a publicly owned treatment
works in the District of Columbia, the Federal share of grants
awarded under title II of the Federal Water Pollution Control
Act, beginning October 1, 1999 and continuing through September
30, 2001, shall be 80 percent of the cost of construction, and all
grants made to such publicly owned treatment works in the District
of Columbia may include an advance of allowance under section
201(l)(2): Provided further, That the $2,200,000 appropriated in
Public Law 105–276 in accordance with House Report No. 105–
769, for a grant to the Charleston, Utah Water Conservancy District, as amended by Public Law 106–31, shall be awarded to
Wasatch County, Utah, for water and sewer needs: Provided further,
That the funds appropriated under this heading in Public Law

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PUBLIC LAW 106–74—OCT. 20, 1999

105–276 for the City of Fairbanks, Alaska, water system improvements shall instead be for the Matanuska-Susitna Borough, Alaska,
water and sewer improvements: Provided further, That notwithstanding any other provision of law, all claims for principal and
interest registered through grant dispute AA–91–AD34 (05–90–
AD09) or any other such dispute hereafter filed by the Environmental Protection Agency relative to water pollution control center
and sewer system improvement grants numbers C–390996–01, C–
390996–2, and C–390996–3 made in 1976 and 1977 are hereby
resolved in favor of the grantee.
The Environmental Protection Agency and the New York State
Department of Environmental Conservation are authorized to
award, from construction grant reallotments to the State of New
York of previously appropriated funds, supplemental grant assistance to Nassau County, New York, for additional odor control
at the Bay Park and Cedar Creek wastewater treatment plants,
notwithstanding initiation of construction or prior State Revolving
Fund funding. Nassau County may elect to accept a combined
lump-sum of $15,000,000, paid in advance of construction, in lieu
of a 75 percent entitlement, to minimize grant and project administration.
EXECUTIVE OFFICE

OF THE

PRESIDENT

OFFICE OF SCIENCE AND TECHNOLOGY POLICY

For necessary expenses of the Office of Science and Technology
Policy, in carrying out the purposes of the National Science and
Technology Policy, Organization, and Priorities Act of 1976 (42
U.S.C. 6601 and 6671), hire of passenger motor vehicles, and services as authorized by 5 U.S.C. 3109, not to exceed $2,500 for
official reception and representation expenses, and rental of conference rooms in the District of Columbia, $5,108,000.
COUNCIL ON ENVIRONMENTAL QUALITY AND OFFICE OF
ENVIRONMENTAL QUALITY

President.
42 USC 4342
note.

For necessary expenses to continue functions assigned to the
Council on Environmental Quality and Office of Environmental
Quality pursuant to the National Environmental Policy Act of 1969,
the Environmental Quality Improvement Act of 1970, and Reorganization Plan No. 1 of 1977, $2,827,000: Provided, That, notwithstanding any other provision of law, no funds other than those
appropriated under this heading shall be used for or by the Council
on Environmental Quality and Office of Environmental Quality:
Provided further, That notwithstanding section 202 of the National
Environmental Policy Act of 1970, the Council shall consist of
one member, appointed by the President, by and with the advice
and consent of the Senate, serving as chairman and exercising
all powers, functions, and duties of the Council.
FEDERAL DEPOSIT INSURANCE CORPORATION
OFFICE OF INSPECTOR GENERAL

(INCLUDING

TRANSFER OF FUNDS)

For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,

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113 STAT. 1085

as amended, $33,666,000, to be derived from the Bank Insurance
Fund, the Savings Association Insurance Fund, and the FSLIC
Resolution Fund.
FEDERAL EMERGENCY MANAGEMENT AGENCY
DISASTER RELIEF

(INCLUDING

TRANSFER OF FUNDS)

For necessary expenses in carrying out the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121
et seq.), $300,000,000, and, notwithstanding 42 U.S.C. 5203, to
remain available until expended, of which not to exceed $2,900,000
may be transferred to ‘‘Emergency Management Planning and
Assistance’’ for the consolidated emergency management performance grant program: Provided, That of the funds made available
under this heading in this and prior appropriations Acts and under
section 404 of the Stafford Act to the State of California, $2,000,000
shall be for a pilot project of seismic retrofit technology at California
State University, San Bernardino; $6,000,000 shall be for a seismic
retrofit project at Loma Linda University Hospital; and $2,000,000
shall be for a seismic retrofit project at the University of Redlands,
Redlands, California: Provided further, That of the funds made
available under this heading in this and prior appropriations Acts
and under section 404 of the Stafford Act to the State of Florida,
$1,000,000 shall be for a hurricane protection project for the St.
Petersburg campus of South Florida University, and $2,500,000
shall be for a windstorm simulation project at Florida International
University, Miami: Provided further, That of the funds made available under this heading in this and prior appropriations Acts and
under section 404 of the Stafford Act to the State of North Carolina,
$1,000,000 shall be for a logistical staging area concept demonstration involving warehouse facilities at the Stanly County Airport:
Provided further, That of the funds made available under this
heading in this and prior appropriations Acts and under section
404 of the Stafford Act to the State of Louisiana, $500,000 shall
be for wave monitoring buoys in the Gulf of Mexico off the Louisiana
coast.
For an additional amount for ‘‘Disaster relief’’, $2,480,425,000,
to remain available until expended: Provided, That the entire
amount is designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further,
That the entire amount shall be available only to the extent that
an official budget request for a specific dollar amount, that includes
designation of the entire amount of the request as an emergency
requirement as defined in the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended, is transmitted by the
President to the Congress.
DISASTER ASSISTANCE DIRECT LOAN PROGRAM ACCOUNT

For the cost of direct loans, $1,295,000, as authorized by section
319 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act: Provided, That such costs, including the cost of modifying
such loans, shall be as defined in section 502 of the Congressional
Budget Act of 1974, as amended: Provided further, That these

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PUBLIC LAW 106–74—OCT. 20, 1999

funds are available to subsidize gross obligations for the principal
amount of direct loans not to exceed $25,000,000.
In addition, for administrative expenses to carry out the direct
loan program, $420,000.
SALARIES AND EXPENSES

For necessary expenses, not otherwise provided for, including
hire and purchase of motor vehicles as authorized by 31 U.S.C.
1343; uniforms, or allowances therefor, as authorized by 5 U.S.C.
5901–5902; services as authorized by 5 U.S.C. 3109, but at rates
for individuals not to exceed the per diem rate equivalent to the
maximum rate payable for senior level positions under 5 U.S.C.
5376; expenses of attendance of cooperating officials and individuals
at meetings concerned with the work of emergency preparedness;
transportation in connection with the continuity of Government
programs to the same extent and in the same manner as permitted
the Secretary of a Military Department under 10 U.S.C. 2632;
and not to exceed $2,500 for official reception and representation
expenses, $180,000,000.
OFFICE OF THE INSPECTOR GENERAL

For necessary expenses of the Office of Inspector General in
carrying out the Inspector General Act of 1978, as amended,
$8,015,000.
EMERGENCY MANAGEMENT PLANNING AND ASSISTANCE

(INCLUDING

Effective date.
42 USC 5195
note.

Contracts.

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TRANSFER OF FUNDS)

For necessary expenses, not otherwise provided for, to carry
out activities under the National Flood Insurance Act of 1968,
as amended, and the Flood Disaster Protection Act of 1973, as
amended (42 U.S.C. 4001 et seq.), the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.),
the Earthquake Hazards Reduction Act of 1977, as amended (42
U.S.C. 7701 et seq.), the Federal Fire Prevention and Control Act
of 1974, as amended (15 U.S.C. 2201 et seq.), the Defense Production
Act of 1950, as amended (50 U.S.C. App. 2061 et seq.), sections
107 and 303 of the National Security Act of 1947, as amended
(50 U.S.C. 404–405), and Reorganization Plan No. 3 of 1978,
$267,000,000: Provided, That for purposes of pre-disaster mitigation
pursuant to 42 U.S.C. 5131(b) and (c) and 42 U.S.C. 5196(e) and
(i), $25,000,000 of the funds made available under this heading
shall be available until expended for project grants: Provided further, That beginning in fiscal year 2000 and each fiscal year thereafter, and notwithstanding any other provision of law, the Director
of FEMA is authorized to provide assistance from funds appropriated under this heading, subject to terms and conditions as
the Director of FEMA shall establish, to any State for multi-hazard
preparedness and mitigation through consolidated emergency
management performance grants: Provided further, That notwithstanding any other provision of law, FEMA is authorized to and
shall extend its cooperative agreement for the Jones County, Mississippi Emergency Operating Center, and the funds which were
obligated as Federal matching funds for that Center shall remain
available for expenditure until September 30, 2001.

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113 STAT. 1087

RADIOLOGICAL EMERGENCY PREPAREDNESS FUND

The aggregate charges assessed during fiscal year 2000, as
authorized by Public Law 105–276, shall not be less than 100
percent of the amounts anticipated by FEMA necessary for its
radiological emergency preparedness program for the next fiscal
year. The methodology for assessment and collection of fees shall
be fair and equitable; and shall reflect costs of providing such
services, including administrative costs of collecting such fees. Fees
received pursuant to this section shall be deposited in the Fund
as offsetting collections and will become available for authorized
purposes on October 1, 2000, and remain available until expended.
EMERGENCY FOOD AND SHELTER PROGRAM

To carry out an emergency food and shelter program pursuant
to title III of Public Law 100–77, as amended, $110,000,000, to
remain available until expended: Provided, That total administrative costs shall not exceed 31⁄2 percent of the total appropriation.
FLOOD MAP MODERNIZATION FUND

For necessary expenses pursuant to section 1360 of the National
Flood Insurance Act of 1968, $5,000,000, and such additional sums
as may be provided by State or local governments or other political
subdivisions for cost shared mapping activities under section
1360(f )(2), to remain available until expended.
NATIONAL INSURANCE DEVELOPMENT FUND

Notwithstanding the provisions of 12 U.S.C. 1735d(b) and 12
U.S.C. 1749bbb–13(b)(6), any indebtedness of the Director of the
Federal Emergency Management Agency resulting from the Director
borrowing sums under such sections before the date of the enactment of this Act to carry out title XII of the National Housing
Act shall be canceled, and the Director shall not be obligated
to repay such sums or any interest thereon, and no further interest
shall accrue on such sums.
NATIONAL FLOOD INSURANCE FUND

(INCLUDING

TRANSFER OF FUNDS)

For activities under the National Flood Insurance Act of 1968,
the Flood Disaster Protection Act of 1973, as amended, not to
exceed $24,333,000 for salaries and expenses associated with flood
mitigation and flood insurance operations, and not to exceed
$78,710,000 for flood mitigation, including up to $20,000,000 for
expenses under section 1366 of the National Flood Insurance Act,
which amount shall be available for transfer to the National Flood
Mitigation Fund until September 30, 2001. In fiscal year 2000,
no funds in excess of: (1) $47,000,000 for operating expenses; (2)
$456,427,000 for agents’ commissions and taxes; and (3) $50,000,000
for interest on Treasury borrowings shall be available from the
National Flood Insurance Fund without prior notice to the Committees on Appropriations. For fiscal year 2000, flood insurance rates
shall not exceed the level authorized by the National Flood Insurance Reform Act of 1994.

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PUBLIC LAW 106–74—OCT. 20, 1999

Section 1309(a)(2) of the National Flood Insurance Act (42
U.S.C. 4016(a)(2)), as amended by Public Law 104–208, is further
amended by striking ‘‘1999’’ and inserting ‘‘2000’’.
The first sentence of section 1376(c) of the National Flood
Insurance Act of 1968, as amended (42 U.S.C. 4127(c)), is amended
by striking ‘‘September 30, 1999’’ and inserting ‘‘September 30,
2000’’.
NATIONAL FLOOD MITIGATION FUND

(INCLUDING

TRANSFER OF FUNDS)

Notwithstanding sections 1366(b)(3)(B)–(C) and 1366(f ) of the
National Flood Insurance Act of 1968, as amended, $20,000,000
to remain available until September 30, 2001, for activities designed
to reduce the risk of flood damage to structures pursuant to such
Act, of which $20,000,000 shall be derived from the National Flood
Insurance Fund.
GENERAL SERVICES ADMINISTRATION
CONSUMER INFORMATION CENTER FUND

For necessary expenses of the Consumer Information Center,
including services authorized by 5 U.S.C. 3109, $2,622,000, to be
deposited into the Consumer Information Center Fund: Provided,
That the appropriations, revenues, and collections deposited into
the fund shall be available for necessary expenses of Consumer
Information Center activities in the aggregate amount of $7,500,000.
Appropriations, revenues, and collections accruing to this fund
during fiscal year 2000 in excess of $7,500,000 shall remain in
the fund and shall not be available for expenditure except as authorized in appropriations Acts.
NATIONAL AERONAUTICS

AND

SPACE ADMINISTRATION

HUMAN SPACE FLIGHT

For necessary expenses, not otherwise provided for, in the
conduct and support of human space flight research and development activities, including research, development, operations, and
services; maintenance; construction of facilities including repair,
rehabilitation, and modification of real and personal property, and
acquisition or condemnation of real property, as authorized by law;
space flight, spacecraft control and communications activities
including operations, production, and services; and purchase, lease,
charter, maintenance and operation of mission and administrative
aircraft, $5,510,900,000, to remain available until September 30,
2001: Provided, That $40,000,000 of the amount provided in this
paragraph shall be available to the space shuttle program only
for preparations necessary to carry out a life and micro-gravity
science mission, to be flown between STS–107 and December 2001.
SCIENCE, AERONAUTICS AND TECHNOLOGY

For necessary expenses, not otherwise provided for, in the
conduct and support of science, aeronautics and technology research
and development activities, including research, development, operations, and services; maintenance; construction of facilities

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including repair, rehabilitation, and modification of real and personal property, and acquisition or condemnation of real property,
as authorized by law; space flight, spacecraft control and communications activities including operations, production, and services;
and purchase, lease, charter, maintenance and operation of mission
and administrative aircraft, $5,606,700,000, to remain available
until September 30, 2001.
MISSION SUPPORT

For necessary expenses, not otherwise provided for, in carrying
out mission support for human space flight programs and science,
aeronautical, and technology programs, including research operations and support; space communications activities including operations, production and services; maintenance; construction of facilities including repair, rehabilitation, and modification of facilities,
minor construction of new facilities and additions to existing facilities, facility planning and design, environmental compliance and
restoration, and acquisition or condemnation of real property, as
authorized by law; program management; personnel and related
costs, including uniforms or allowances therefor, as authorized by
5 U.S.C. 5901–5902; travel expenses; purchase, lease, charter,
maintenance, and operation of mission and administrative aircraft;
not to exceed $35,000 for official reception and representation
expenses; and purchase (not to exceed 33 for replacement only)
and hire of passenger motor vehicles, $2,515,100,000, to remain
available until September 30, 2001.
OFFICE OF INSPECTOR GENERAL

For necessary expenses of the Office of Inspector General in
carrying out the Inspector General Act of 1978, as amended,
$20,000,000.
ADMINISTRATIVE PROVISIONS

Notwithstanding the limitation on the availability of funds
appropriated for ‘‘Human space flight’’, ‘‘Science, aeronautics and
technology’’, or ‘‘Mission support’’ by this appropriations Act, when
any activity has been initiated by the incurrence of obligations
for construction of facilities as authorized by law, such amount
available for such activity shall remain available until expended.
This provision does not apply to the amounts appropriated in ‘‘Mission support’’ pursuant to the authorization for repair, rehabilitation
and modification of facilities, minor construction of new facilities
and additions to existing facilities, and facility planning and design.
Notwithstanding the limitation on the availability of funds
appropriated for ‘‘Human space flight’’, ‘‘Science, aeronautics and
technology’’, or ‘‘Mission support’’ by this appropriations Act, the
amounts appropriated for construction of facilities shall remain
available until September 30, 2002.
Notwithstanding the limitation on the availability of funds
appropriated for ‘‘Mission support’’ and ‘‘Office of Inspector General’’, amounts made available by this Act for personnel and related
costs and travel expenses of the National Aeronautics and Space
Administration shall remain available until September 30, 2000
and may be used to enter into contracts for training, investigations,

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PUBLIC LAW 106–74—OCT. 20, 1999

costs associated with personnel relocation, and for other services,
to be provided during the next fiscal year.
Unless otherwise provided for in this Act or in the joint explanatory statement of the committee of conference accompanying this
Act, no part of the funds appropriated for ‘‘Human space flight’’
may be used for the development of the International Space Station
in excess of the amounts set forth in the budget estimates submitted
as part of the budget request for fiscal year 2000.
NATIONAL CREDIT UNION ADMINISTRATION
CENTRAL LIQUIDITY FACILITY

During fiscal year 2000, administrative expenses of the Central
Liquidity Facility shall not exceed $257,000: Provided, That
$1,000,000, together with amounts of principal and interest on
loans repaid, to be available until expended, is available for loans
to community development credit unions.
NATIONAL SCIENCE FOUNDATION
RESEARCH AND RELATED ACTIVITIES

Domain name.

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For necessary expenses in carrying out the National Science
Foundation Act of 1950, as amended (42 U.S.C. 1861–1875), and
the Act to establish a National Medal of Science (42 U.S.C. 1880–
1881); services as authorized by 5 U.S.C. 3109; maintenance and
operation of aircraft and purchase of flight services for research
support; acquisition of aircraft; $2,966,000,000, of which not to
exceed $253,000,000 shall remain available until expended for Polar
research and operations support, and for reimbursement to other
Federal agencies for operational and science support and logistical
and other related activities for the United States Antarctic program;
the balance to remain available until September 30, 2001: Provided,
That receipts for scientific support services and materials furnished
by the National Research Centers and other National Science
Foundation supported research facilities may be credited to this
appropriation: Provided further, That to the extent that the amount
appropriated is less than the total amount authorized to be appropriated for included program activities, all amounts, including floors
and ceilings, specified in the authorizing Act for those program
activities or their subactivities shall be reduced proportionally: Provided further, That $60,000,000 of the funds available under this
heading shall be made available for a comprehensive research initiative on plant genomes for economically significant crop: Provided
further, That none of the funds appropriated or otherwise made
available to the National Science Foundation in this or any prior
Act may be obligated or expended by the National Science Foundation to enter into or extend a grant, contract, or cooperative agreement for the support of administering the domain name and numbering system of the Internet after September 30, 1998: Provided
further, That no funds in this or any other Act shall be used
to acquire or lease a research vessel with ice-breaking capability
built or retrofitted by a shipyard located in a foreign country if
such a vessel of United States origin can be obtained at a cost
no more than 50 per centum above that of the least expensive
technically acceptable foreign vessel bid: Provided further, That,
in determining the cost of such a vessel, such cost be increased

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by the amount of any subsidies or financing provided by a foreign
government (or instrumentality thereof ) to such vessel’s construction: Provided further, That if the vessel contracted for pursuant
to the foregoing is not available for the 2002–2003 austral summer
Antarctic season, a vessel of any origin may be leased for a period
of not to exceed 120 days for that season and each season thereafter
until delivery of the new vessel.
MAJOR RESEARCH EQUIPMENT

For necessary expenses of major construction projects pursuant
to the National Science Foundation Act of 1950, as amended,
including award-related travel, $95,000,000, to remain available
until expended.
EDUCATION AND HUMAN RESOURCES

For necessary expenses in carrying out science and engineering
education and human resources programs and activities pursuant
to the National Science Foundation Act of 1950, as amended (42
U.S.C. 1861–1875), including services as authorized by 5 U.S.C.
3109, award-related travel, and rental of conference rooms in the
District of Columbia, $696,600,000, to remain available until September 30, 2001: Provided, That to the extent that the amount
of this appropriation is less than the total amount authorized to
be appropriated for included program activities, all amounts,
including floors and ceilings, specified in the authorizing Act for
those program activities or their subactivities shall be reduced
proportionally: Provided further, That $10,000,000 shall be available
for the purpose of establishing an office of innovation partnerships.
SALARIES AND EXPENSES

For salaries and expenses necessary in carrying out the
National Science Foundation Act of 1950, as amended (42 U.S.C.
1861–1875); services authorized by 5 U.S.C. 3109; hire of passenger
motor vehicles; not to exceed $9,000 for official reception and representation expenses; uniforms or allowances therefor, as authorized
by 5 U.S.C. 5901–5902; rental of conference rooms in the District
of Columbia; reimbursement of the General Services Administration
for security guard services; $149,000,000: Provided, That contracts
may be entered into under ‘‘Salaries and expenses’’ in fiscal year
2000 for maintenance and operation of facilities, and for other
services, to be provided during the next fiscal year.
OFFICE OF INSPECTOR GENERAL

For necessary expenses of the Office of Inspector General as
authorized by the Inspector General Act of 1978, as amended,
$5,450,000, to remain available until September 30, 2001.
NEIGHBORHOOD REINVESTMENT CORPORATION
PAYMENT TO THE NEIGHBORHOOD REINVESTMENT CORPORATION

For payment to the Neighborhood Reinvestment Corporation
for use in neighborhood reinvestment activities, as authorized by
the Neighborhood Reinvestment Corporation Act (42 U.S.C. 8101–
8107), $75,000,000.

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113 STAT. 1092

PUBLIC LAW 106–74—OCT. 20, 1999
SELECTIVE SERVICE SYSTEM
SALARIES AND EXPENSES

For necessary expenses of the Selective Service System,
including expenses of attendance at meetings and of training for
uniformed personnel assigned to the Selective Service System, as
authorized by 5 U.S.C. 4101–4118 for civilian employees; and not
to exceed $1,000 for official reception and representation expenses;
$24,000,000: Provided, That during the current fiscal year, the
President may exempt this appropriation from the provisions of
31 U.S.C. 1341, whenever he deems such action to be necessary
in the interest of national defense: Provided further, That none
of the funds appropriated by this Act may be expended for or
in connection with the induction of any person into the Armed
Forces of the United States.
TITLE IV—GENERAL PROVISIONS
SEC. 401. Where appropriations in titles I, II, and III of this
Act are expendable for travel expenses and no specific limitation
has been placed thereon, the expenditures for such travel expenses
may not exceed the amounts set forth therefore in the budget
estimates submitted for the appropriations: Provided, That this
provision does not apply to accounts that do not contain an object
classification for travel: Provided further, That this section shall
not apply to travel performed by uncompensated officials of local
boards and appeal boards of the Selective Service System; to travel
performed directly in connection with care and treatment of medical
beneficiaries of the Department of Veterans Affairs; to travel performed in connection with major disasters or emergencies declared
or determined by the President under the provisions of the Robert
T. Stafford Disaster Relief and Emergency Assistance Act; to travel
performed by the Offices of Inspector General in connection with
audits and investigations; or to payments to interagency motor
pools where separately set forth in the budget schedules: Provided
further, That if appropriations in titles I, II, and III exceed the
amounts set forth in budget estimates initially submitted for such
appropriations, the expenditures for travel may correspondingly
exceed the amounts therefore set forth in the estimates in the
same proportion.
SEC. 402. Appropriations and funds available for the administrative expenses of the Department of Housing and Urban Development and the Selective Service System shall be available in the
current fiscal year for purchase of uniforms, or allowances therefor,
as authorized by 5 U.S.C. 5901–5902; hire of passenger motor
vehicles; and services as authorized by 5 U.S.C. 3109.
SEC. 403. Funds of the Department of Housing and Urban
Development subject to the Government Corporation Control Act
or section 402 of the Housing Act of 1950 shall be available, without
regard to the limitations on administrative expenses, for legal services on a contract or fee basis, and for utilizing and making payment
for services and facilities of Federal National Mortgage Association,
Government National Mortgage Association, Federal Home Loan
Mortgage Corporation, Federal Financing Bank, Federal Reserve
banks or any member thereof, Federal Home Loan banks, and
any insured bank within the meaning of the Federal Deposit Insurance Corporation Act, as amended (12 U.S.C. 1811–1831).

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113 STAT. 1093

SEC. 404. No part of any appropriation contained in this Act
shall remain available for obligation beyond the current fiscal year
unless expressly so provided herein.
SEC. 405. No funds appropriated by this Act may be expended—
(1) pursuant to a certification of an officer or employee
of the United States unless—
(A) such certification is accompanied by, or is part
of, a voucher or abstract which describes the payee or
payees and the items or services for which such expenditure
is being made; or
(B) the expenditure of funds pursuant to such certification, and without such a voucher or abstract, is specifically authorized by law; and
(2) unless such expenditure is subject to audit by the
General Accounting Office or is specifically exempt by law
from such audit.
SEC. 406. None of the funds provided in this Act to any department or agency may be expended for the transportation of any
officer or employee of such department or agency between their
domicile and their place of employment, with the exception of any
officer or employee authorized such transportation under 31 U.S.C.
1344 or 5 U.S.C. 7905.
SEC. 407. None of the funds provided in this Act may be
used for payment, through grants or contracts, to recipients that
do not share in the cost of conducting research resulting from
proposals not specifically solicited by the Government: Provided,
That the extent of cost sharing by the recipient shall reflect the
mutuality of interest of the grantee or contractor and the Government in the research.
SEC. 408. None of the funds in this Act may be used, directly
or through grants, to pay or to provide reimbursement for payment
of the salary of a consultant (whether retained by the Federal
Government or a grantee) at more than the daily equivalent of
the rate paid for level IV of the Executive Schedule, unless specifically authorized by law.
SEC. 409. None of the funds provided in this Act shall be
used to pay the expenses of, or otherwise compensate, non-Federal
parties intervening in regulatory or adjudicatory proceedings.
Nothing herein affects the authority of the Consumer Product Safety
Commission pursuant to section 7 of the Consumer Product Safety
Act (15 U.S.C. 2056 et seq.).
SEC. 410. Except as otherwise provided under existing law,
or under an existing Executive order issued pursuant to an existing
law, the obligation or expenditure of any appropriation under this
Act for contracts for any consulting service shall be limited to
contracts which are: (1) a matter of public record and available
for public inspection; and (2) thereafter included in a publicly available list of all contracts entered into within 24 months prior to
the date on which the list is made available to the public and
of all contracts on which performance has not been completed
by such date. The list required by the preceding sentence shall
be updated quarterly and shall include a narrative description
of the work to be performed under each such contract.
SEC. 411. Except as otherwise provided by law, no part of
any appropriation contained in this Act shall be obligated or
expended by any executive agency, as referred to in the Office
of Federal Procurement Policy Act (41 U.S.C. 401 et seq.), for

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Contracts.
Public
information.
Records.

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113 STAT. 1094

Reports.

Notice.

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a contract for services unless such executive agency: (1) has awarded
and entered into such contract in full compliance with such Act
and the regulations promulgated thereunder; and (2) requires any
report prepared pursuant to such contract, including plans, evaluations, studies, analyses and manuals, and any report prepared
by the agency which is substantially derived from or substantially
includes any report prepared pursuant to such contract, to contain
information concerning: (A) the contract pursuant to which the
report was prepared; and (B) the contractor who prepared the
report pursuant to such contract.
SEC. 412. Except as otherwise provided in section 406, none
of the funds provided in this Act to any department or agency
shall be obligated or expended to provide a personal cook, chauffeur,
or other personal servants to any officer or employee of such department or agency.
SEC. 413. None of the funds provided in this Act to any department or agency shall be obligated or expended to procure passenger
automobiles as defined in 15 U.S.C. 2001 with an EPA estimated
miles per gallon average of less than 22 miles per gallon.
SEC. 414. None of the funds appropriated in title I of this
Act shall be used to enter into any new lease of real property
if the estimated annual rental is more than $300,000 unless the
Secretary submits, in writing, a report to the Committees on Appropriations of the Congress and a period of 30 days has expired
following the date on which the report is received by the Committees
on Appropriations.
SEC. 415. (a) It is the sense of the Congress that, to the
greatest extent practicable, all equipment and products purchased
with funds made available in this Act should be American-made.
(b) In providing financial assistance to, or entering into any
contract with, any entity using funds made available in this Act,
the head of each Federal agency, to the greatest extent practicable,
shall provide to such entity a notice describing the statement made
in subsection (a) by the Congress.
SEC. 416. None of the funds appropriated in this Act may
be used to implement any cap on reimbursements to grantees
for indirect costs, except as published in Office of Management
and Budget Circular A–21.
SEC. 417. Such sums as may be necessary for fiscal year 2000
pay raises for programs funded by this Act shall be absorbed within
the levels appropriated in this Act.
SEC. 418. None of the funds made available in this Act may
be used for any program, project, or activity, when it is made
known to the Federal entity or official to which the funds are
made available that the program, project, or activity is not in
compliance with any Federal law relating to risk assessment, the
protection of private property rights, or unfunded mandates.
SEC. 419. Corporations and agencies of the Department of
Housing and Urban Development which are subject to the Government Corporation Control Act, as amended, are hereby authorized
to make such expenditures, within the limits of funds and borrowing
authority available to each such corporation or agency and in accord
with law, and to make such contracts and commitments without
regard to fiscal year limitations as provided by section 104 of
the Act as may be necessary in carrying out the programs set
forth in the budget for 2000 for such corporation or agency except

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as hereinafter provided: Provided, That collections of these corporations and agencies may be used for new loan or mortgage purchase
commitments only to the extent expressly provided for in this
Act (unless such loans are in support of other forms of assistance
provided for in this or prior appropriations Acts), except that this
proviso shall not apply to the mortgage insurance or guaranty
operations of these corporations, or where loans or mortgage purchases are necessary to protect the financial interest of the United
States Government.
SEC. 420. Notwithstanding section 320(g) of the Federal Water
Pollution Control Act (33 U.S.C. 1330(g)), funds made available
pursuant to authorization under such section for fiscal year 2000
may be used for implementing comprehensive conservation and
management plans.
SEC. 421. Notwithstanding any other provision of law, the
term ‘‘qualified student loan’’ with respect to national service education awards shall mean any loan made directly to a student
by the Alaska Commission on Postsecondary Education, in addition
to other meanings under section 148(b)(7) of the National and
Community Service Act.
SEC. 422. It is the sense of the Congress that, along with
health care, housing, education, and other benefits, the presence
of an honor guard at a veteran’s funeral is a benefit that a veteran
has earned, and, therefore, the executive branch should provide
funeral honor details for the funerals of veterans when requested,
in accordance with law.
SEC. 423. Notwithstanding any other law, funds made available
by this or any other Act or previous Acts for the United States/
Mexico Foundation for Science may be used for the endowment
of such Foundation: Provided, That funds from the United States
Government shall be matched in equal amounts with funds from
Mexico: Provided further, That the accounts of such Foundation
shall be subject to United States Government administrative and
audit requirements concerning grants and requirements concerning
cost principles for nonprofit organizations: Provided further, That
the United States/Mexico Foundation for Science is renamed the
‘‘George E. Brown United States/Mexico Foundation for Science’’.
SEC. 424. None of the funds made available in this Act may
be used to carry out Executive Order No. 13083.
SEC. 425. Unless otherwise provided for in this Act, no part
of any appropriation for the Department of Housing and Urban
Development shall be available for any activity in excess of amounts
set forth in the budget estimates submitted for the appropriations.
SEC. 426. Except in the case of entities that are funded solely
with Federal funds or any natural persons that are funded under
this Act, none of the funds in this Act shall be used for the
planning or execution of any program to pay the expenses of,
or otherwise compensate, non-Federal parties to lobby or litigate
in respect to adjudicatory proceedings funded in this Act. A chief
executive officer of any entity receiving funds under this Act shall
certify that none of these funds have been used to engage in
the lobbying of the Federal Government or in litigation against
the United States unless authorized under existing law.
SEC. 427. LAW ENFORCEMENT AGENCIES NOT INCLUDED AS
OWNER OR OPERATOR. Section 101(20)(D) of the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980
(42 U.S.C. 9601(20)(D)) is amended by inserting ‘‘through seizure

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113 STAT. 1096

Deadline.

Reports.

Deadline.
Reports.

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PUBLIC LAW 106–74—OCT. 20, 1999

or otherwise in connection with law enforcement activity’’ before
‘‘involuntary’’ the first place it appears.
SEC. 428. No part of any funds appropriated in this Act shall
be used by an agency of the executive branch, other than for
normal and recognized executive-legislative relationships, for publicity or propaganda purposes, and for the preparation, distribution
or use of any kit, pamphlet, booklet, publication, radio, television
or film presentation designed to support or defeat legislation
pending before the Congress, except in presentation to the Congress
itself.
SEC. 429. The comment period on the proposed rules related
to section 303(d) of the Clean Water Act published at 64 Federal
Register 46012 and 46058 (August 23, 1999) shall be extended
from October 22, 1999, for a period of 90 additional calendar days.
SEC. 430. Section 4(a) of the Act of August 9, 1950 (16 U.S.C.
777c(a)), is amended in the second sentence by striking ‘‘1999’’
and inserting ‘‘2000’’.
SEC. 431. PROMULGATION OF STORMWATER REGULATIONS. (a)
STORMWATER REGULATIONS.—The Administrator of the Environmental Protection Agency shall not promulgate the Phase II
stormwater regulations until the Administrator submits to the Committee on Environment and Public Works of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives a report containing—
(1) an in-depth impact analysis on the effect the final
regulations will have on urban, suburban, and rural local
governments subject to the regulations, including an estimate
of—
(A) the costs of complying with the six minimum control
measures described in the regulations; and
(B) the costs resulting from the lowering of the
construction threshold from 5 acres to 1 acre;
(2) an explanation of the rationale of the Administrator
for lowering the construction site threshold from 5 acres to
1 acre, including—
(A) an explanation, in light of recent court decisions,
of why a 1-acre measure is any less arbitrarily determined
than a 5-acre measure; and
(B) all qualitative information used in determining an
acre threshold for a construction site;
(3) documentation demonstrating that stormwater runoff
is generally a problem in communities with populations of
50,000 to 100,000 (including an explanation of why the coverage
of the regulation is based on a census-determined population
instead of a water quality threshold); and
(4) information that supports the position of the Administrator that the Phase II stormwater program should be administered as part of the National Pollutant Discharge Elimination
System under section 402 of the Federal Water Pollution Control Act (33 U.S.C. 1342).
(b) PHASE 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

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PUBLIC LAW 106–74—OCT. 20, 1999

113 STAT. 1097

a description of specific measures that have been successful and
those that have been unsuccessful).
(c) FEDERAL REGISTER.—The reports described in subsections
(a) and (b) shall be published in the Federal Register for public
comment.
SEC. 432. PESTICIDE TOLERANCE FEES. None of the funds appropriated or otherwise made available by this Act shall be used
to promulgate a final regulation to implement changes in the payment of pesticide tolerance processing fees as proposed at 64 Fed.
Reg. 31040, or any similar proposals. The Environmental Protection
Agency may proceed with the development of such a rule.
SEC. 433. COMMERCIAL SPACE LAUNCH INDEMNIFICATION
EXTENSION. Section 70113(f ) of title 49, United States Code, is
amended by striking ‘‘December 31, 1999’’, and inserting ‘‘December
31, 2000’’.
SEC. 434. SPACE STATION COMMERCIAL DEVELOPMENT
DEMONSTRATION PROGRAM. (a) PURPOSE.—The purpose of this section is to establish a demonstration regarding the commercial feasibility and economic viability of private sector business operations
involving the International Space Station and its related infrastructure. The goal will be furthered by the early use of the International
Space Station by United States commercial entities committing
private capital to commercial enterprises on the International Space
Station. In 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.
SEC. 435. INSURANCE; INDEMNIFICATION; LIABILITY. (a) AMENDMENT.—The National Aeronautics and Space Act of 1958 (42 U.S.C.
2451 et seq.) is amended by inserting after section 308 the following
new section:

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note.

Publication.

Deadline.

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113 STAT. 1098

PUBLIC LAW 106–74—OCT. 20, 1999
‘‘EXPERIMENTAL

42 USC 2458c.

Federal Register,
publication.
Notice.
Deadline.

Public
information.
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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

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PUBLIC LAW 106–74—OCT. 20, 1999

113 STAT. 1099

indemnify a developer of an experimental aerospace vehicle
under this section unless there is an agreement between the
Administration and the developer described in subsection (c).
‘‘(4) APPLICATION OF CERTAIN PROCEDURES.—If the Administrator requests additional appropriations to make payments
under this section, like the payments that may be made under
section 308(b) of this Act, then the request for those appropriations shall be made in accordance with the procedures established by subsections (d) and (e) of section 70113 of title 49,
United States Code.
‘‘(c) CROSS-WAIVERS.—
‘‘(1) ADMINISTRATOR AUTHORIZED TO WAIVE.—The Administrator, on behalf of the United States, and its departments,
agencies, and related entities, may reciprocally waive claims
with a developer or cooperating party and with the related
entities of that developer or cooperating party under which
each party to the waiver agrees to be responsible, and agrees
to ensure that its own related entities are responsible, for
damage or loss to its property for which it is responsible,
or for losses resulting from any injury or death sustained by
its own employees or agents, as a result of activities connected
to the agreement or use of the experimental aerospace vehicle.
‘‘(2) LIMITATIONS.—
‘‘(A) CLAIMS.—A reciprocal waiver under paragraph (1)
may not preclude a claim by any natural person (including,
but not limited to, a natural person who is an employee
of the United States, the developer, the cooperating party,
or their respective subcontractors) or that natural person’s
estate, survivors, or subrogees for injury or death, except
with respect to a subrogee that is a party to the waiver
or has otherwise agreed to be bound by the terms of the
waiver.
‘‘(B) LIABILITY FOR NEGLIGENCE.—A reciprocal waiver
under paragraph (1) may not absolve any party of liability
to any natural person (including, but not limited to, a
natural person who is an employee of the United States,
the developer, the cooperating party, or their respective
subcontractors) or such a natural person’s estate, survivors,
or subrogees for negligence, except with respect to a
subrogee that is a party to the waiver or has otherwise
agreed to be bound by the terms of the waiver.
‘‘(C) INDEMNIFICATION FOR DAMAGES.—A reciprocal
waiver under paragraph (1) may not be used as the basis
of a claim by the Administration, or the developer or cooperating party, for indemnification against the other for damages paid to a natural person, or that natural person’s
estate, survivors, or subrogees, for injury or death sustained
by that natural person as a result of activities connected
to the agreement or use of the experimental aerospace
vehicle.
‘‘(3) EFFECT ON PREVIOUS WAIVERS.—Subsection (c) applies
to any waiver of claims entered into by the Administration
without regard to whether it was entered into before, on, or
after the date of the enactment of this Act.
‘‘(d) DEFINITIONS.—In this section:
‘‘(1) COOPERATING PARTY.—The term ‘cooperating party’
means any person who enters into an agreement with the

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113 STAT. 1100

42 USC 2458b
note.
Preserving
Affordable
Housing for
Senior Citizens
and Families into
the 21st Century
Act.
12 USC 1701
note.

PUBLIC LAW 106–74—OCT. 20, 1999

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.

TITLE V—PRESERVATION OF
AFFORDABLE HOUSING
SEC. 501. SHORT TITLE AND TABLE OF CONTENTS.

(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:
Sec. 501. Short title and table of contents.
Sec. 502. Regulations.
Sec. 503. Effective date.
Subtitle A—Authorization of Appropriations for Supportive Housing for the Elderly
and Persons With Disabilities
Sec. 511. Supportive housing for elderly persons.
Sec. 512. Supportive housing for persons with disabilities.
Sec. 513. Service coordinators and congregate services for elderly and disabled
housing.
Subtitle B—Expanding Housing Opportunities for the Elderly and Persons With
Disabilities
Sec. 521. Study of debt forgiveness for section 202 loans.

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PUBLIC LAW 106–74—OCT. 20, 1999
Sec.
Sec.
Sec.
Sec.

522.
523.
524.
525.

113 STAT. 1101

Grants for conversion of elderly housing to assisted living facilities.
Use of section 8 assistance for assisted living facilities.
Size limitation for projects for persons with disabilities.
Commission on Affordable Housing and Health Care Facility Needs in the
21st Century.

Subtitle C—Renewal of Expiring Rental Assistance Contracts and Protection of
Residents
Sec. 531. Renewal of expiring contracts and enhanced vouchers for project
residents.
Sec. 532. Section 236 assistance.
Sec. 533. Rehabilitation of assisted housing.
Sec. 534. Technical assistance.
Sec. 535. Termination of section 8 contract and duration of renewal contract.
Sec. 536. Eligibility of residents of flexible subsidy projects for enhanced vouchers.
Sec. 537. Enhanced disposition authority.
Sec. 538. Unified enhanced voucher authority.
SEC. 502. REGULATIONS.

The Secretary of Housing and Urban Development shall issue
any regulations to carry out this title and the amendments made
by this title that the Secretary determines may or will affect tenants
of federally assisted housing only after notice and opportunity for
public comment in accordance with the procedure under section
553 of title 5, United States Code, applicable to substantive rules
(notwithstanding subsections (a)(2), (b)(B), and (d)(3) of such section). Notice of such proposed rulemaking shall be provided by
publication in the Federal Register. In issuing such regulations,
the Secretary shall take such actions as may be necessary to ensure
that such tenants are notified of, and provided an opportunity
to participate in, the rulemaking, as required by such section 553.
SEC. 503. EFFECTIVE DATE.

(a) IN GENERAL.—The provisions of this title and the amendments made by this title are effective as of the date of the enactment
of this Act, unless such provisions or amendments specifically provide for effectiveness or applicability upon another date certain.
(b) EFFECT OF REGULATORY AUTHORITY.—Any authority in this
title or the amendments made by this title to issue regulations,
and any specific requirement to issue regulations by a date certain,
may not be construed to affect the effectiveness or applicability
of the provisions of this title or the amendments made by this
title under such provisions and amendments and subsection (a)
of this section.

12 USC 1701q
note.

Notice.
Federal Register,
publication.

12 USC 1701q
note.

Subtitle A—Authorization of Appropriations for Supportive Housing for the
Elderly and Persons With Disabilities
SEC. 511. SUPPORTIVE HOUSING FOR ELDERLY PERSONS.

Section 202 of the Housing Act of 1959 (12 U.S.C. 1701q)
is amended by adding at the end the following new subsection:
‘‘(m) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated for providing assistance under this section
$710,000,000 for fiscal year 2000.’’.
SEC. 512. SUPPORTIVE HOUSING FOR PERSONS WITH DISABILITIES.

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

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113 STAT. 1102

PUBLIC LAW 106–74—OCT. 20, 1999

(1) by redesignating subsection (m) as subsection (n); and
(2) by inserting after subsection (l) the following new subsection:
‘‘(m) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated for providing assistance under this section
$201,000,000 for fiscal year 2000.’’.
SEC. 513. SERVICE COORDINATORS AND CONGREGATE SERVICES FOR
ELDERLY AND DISABLED HOUSING.

(a) AUTHORIZATION OF APPROPRIATIONS FOR FEDERALLY
ASSISTED HOUSING.—There is authorized to be appropriated to the
Secretary of Housing and Urban Development $50,000,000 for fiscal
year 2000 for the following purposes:
(1) GRANTS FOR SERVICE COORDINATORS FOR CERTAIN
FEDERALLY ASSISTED MULTIFAMILY HOUSING.—For grants under
section 676 of the Housing and Community Development Act
of 1992 (42 U.S.C. 13632) for providing service coordinators.
(2) CONGREGATE SERVICES FOR FEDERALLY ASSISTED
HOUSING.—For contracts under section 802 of the CranstonGonzalez National Affordable Housing Act (42 U.S.C. 8011)
to provide congregate services programs for eligible residents
of eligible housing projects under subparagraphs (B) through
(D) of subsection (k)(6) of such section.
(b) PUBLIC HOUSING.—There is authorized to be appropriated
to the Secretary of Housing and Urban Development such sums
as may be necessary for fiscal year 2000 for grants for use only
for activities described in paragraph (2) of section 34(b) of the
United States Housing Act of 1937 (42 U.S.C. 1437z–6(b)(2)) for
renewal of all grants made in prior fiscal years for providing service
coordinators and congregate services for the elderly and disabled
in public housing.

Subtitle B—Expanding Housing Opportunities for the Elderly and Persons With
Disabilities
SEC. 521. STUDY OF DEBT FORGIVENESS FOR SECTION 202 LOANS.

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(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 CranstonGonzalez 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

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Secretary of Housing and Urban Development shall submit a report
to the Congress containing the quantitative results of the analysis
and an enumeration of any project or administrative benefits of
such actions.
SEC. 522. GRANTS FOR CONVERSION OF ELDERLY HOUSING TO
ASSISTED LIVING FACILITIES.

Title II of the Housing Act of 1959 is amended by inserting
after section 202a (12 U.S.C. 1701q–1) the following new section:
‘‘SEC. 202b. GRANTS 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

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PUBLIC LAW 106–74—OCT. 20, 1999

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, 24hour staffing, and on-site health care; and
‘‘(7) such other criteria as the Secretary determines to
be appropriate to ensure that funds made available under this
section are used effectively.
‘‘(f ) DEFINITIONS.—For the purposes of this section—
‘‘(1) the term ‘assisted living facility’ has the meaning given
such term in section 232(b) of the National Housing Act (12
U.S.C. 1715w(b)); and
‘‘(2) the definitions in section 202(k) shall apply.
‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated for providing grants under this section such
sums as may be necessary for fiscal year 2000.’’.
SEC. 523. USE OF SECTION 8 ASSISTANCE FOR ASSISTED LIVING
FACILITIES.

(a) VOUCHER ASSISTANCE.—Section 8(o) of the United States
Housing Act of 1937 (42 U.S.C. 1437f(o)) is amended by adding
at the end the following new paragraph:
‘‘(18) RENTAL ASSISTANCE FOR ASSISTED LIVING FACILITIES.—

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113 STAT. 1105

‘‘(A) IN GENERAL.—A public housing agency may make
assistance payments on behalf of a family that uses an
assisted living facility as a principal place of residence
and that uses such supportive services made available in
the facility as the agency may require. Such payments
may be made only for covering costs of rental of the
dwelling unit in the assisted living facility and not for
covering any portion of the cost of residing in such facility
that is attributable to service relating to assisted living.
‘‘(B) RENT CALCULATION.—
‘‘(i) CHARGES INCLUDED.—For assistance pursuant
to this paragraph, the rent of the dwelling unit that
is an assisted living facility with respect to which
assistance payments are made shall include maintenance and management charges related to the dwelling
unit and tenant-paid utilities. Such rent shall not
include any charges attributable to services relating
to assisted living.
‘‘(ii) PAYMENT STANDARD.—In determining the
monthly assistance that may be paid under this paragraph on behalf of any family residing in an assisted
living facility, the public housing agency shall utilize
the payment standard established under paragraph
(1), for the market area in which the assisted living
facility is located, for the applicable size dwelling unit.
‘‘(iii)
MONTHLY
ASSISTANCE
PAYMENT.—The
monthly assistance payment for a family assisted
under this paragraph shall be determined in accordance with paragraph (2) (using the rent and payment
standard for the dwelling unit as determined in accordance with this subsection).
‘‘(C) DEFINITION.—For the purposes of this paragraph,
the term ‘assisted living facility’ has the meaning given
that term in section 232(b) of the National Housing Act
(12 U.S.C. 1715w(b)), except that such a facility may be
contained within a portion of a larger multifamily housing
project.’’.
(b) PROJECT-BASED ASSISTANCE.—Section 202b of the Housing
Act of 1959, as added by section 522 of this Act, 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 projectbased 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.’’.

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PUBLIC LAW 106–74—OCT. 20, 1999

SEC. 524. SIZE LIMITATION FOR PROJECTS FOR PERSONS WITH
DISABILITIES.

Deadline.
Reports.

42 USC 12701
note.

(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.
SEC. 525. COMMISSION ON AFFORDABLE HOUSING AND HEALTH CARE
FACILITY NEEDS IN THE 21ST CENTURY.

(a) ESTABLISHMENT.—There is hereby established a commission
to be known as the Commission on Affordable Housing and Health
Care Facility Needs in the 21st Century (in this section referred
to as the ‘‘Commission’’.
(b) STUDY.—The duty of the Commission shall be to conduct
a study that—
(1) compiles and interprets information regarding the
expected increase in the population of persons 62 years of
age or older, particularly information regarding distribution
of income levels, homeownership and home equity rates, and
degree or extent of health and independence of living;
(2) provides an estimate of the future needs of seniors
for affordable housing and assisted living and health care facilities;
(3) provides a comparison of estimate of such future needs
with an estimate of the housing and facilities expected to be

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113 STAT. 1107

provided under existing public programs, and identifies possible
actions or initiatives that may assist in providing affordable
housing and assisted living and health care facilities to meet
such expected needs;
(4) identifies and analyzes methods of encouraging
increased private sector participation, investment, and capital
formation in affordable housing and assisted living and health
care facilities for seniors through partnerships between public
and private entities and other creative strategies;
(5) analyzes the costs and benefits of comprehensive agingin-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.

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PUBLIC LAW 106–74—OCT. 20, 1999
(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,

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113 STAT. 1109

take any action which the Commission is authorized to take
by this section.
(3) OBTAINING OFFICIAL DATA.—The Commission may
secure directly from any department or agency of the United
States information necessary to enable it to carry out this
Act. Upon request of the Chairpersons of the Commission,
the head of that department or agency shall furnish that
information to the Commission.
(4) GIFTS, BEQUESTS, AND DEVISES.—The Commission may
accept, use, and dispose of gifts, bequests, or devises of services
or property, both real and personal, for the purpose of aiding
or facilitating the work of the Commission. Gifts, bequests,
or devises of money and proceeds from sales of other property
received as gifts, bequests, or devises shall be deposited in
the Treasury and shall be available for disbursement upon
order of the Commission.
(5) MAILS.—The Commission may use the United States
mails in the same manner and under the same conditions
as other departments and agencies of the United States.
(6) ADMINISTRATIVE SUPPORT SERVICES.—Upon the request
of the Commission, the Administrator of General Services shall
provide to the Commission, on a reimbursable basis, the
administrative support services necessary for the Commission
to carry out its responsibilities under this section.
(7) CONTRACT AUTHORITY.—The Commission may contract
with and compensate Government and private agencies or persons for services, without regard to section 3709 of the Revised
Statutes (41 U.S.C. 5).
(f ) REPORT.—The 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.

Deadline.

Subtitle C—Renewal of Expiring Rental
Assistance Contracts and Protection of
Residents
SEC. 531. RENEWAL OF EXPIRING CONTRACTS AND ENHANCED
VOUCHERS FOR PROJECT RESIDENTS.

(a) IN GENERAL.—Section 524 of the Multifamily Assisted
Housing Reform and Affordability Act of 1997 (42 U.S.C. 1437f
note) is amended to read as follows:

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113 STAT. 1110

PUBLIC LAW 106–74—OCT. 20, 1999

‘‘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—

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‘‘(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

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PUBLIC LAW 106–74—OCT. 20, 1999
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).

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‘‘(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 projectbased 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

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Applicability.

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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 lowincome 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

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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 lowor 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:

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‘‘Such term does not include any project with an expiring contract described in paragraph (1) or (2) of section 524(e).’’.
(c) PROJECTS EXEMPTED FROM RESTRUCTURING AGREEMENTS.—
Section 514(h) of the Multifamily Assisted Housing Reform and
Affordability Act of 1997 (42 U.S.C. 1437f note) is amended by
inserting before the semicolon at the end the following: ‘‘and the
financing involves mortgage insurance under the National Housing
Act, such that the implementation of a mortgage restructuring
and rental assistance sufficiency plan under this subtitle is in
conflict with applicable law or agreements governing such
financing’’.
(d) CONFORMING AMENDMENTS.—Section 8 of the United States
Housing Act of 1937 (42 U.S.C. 1437f) is amended—
(1) by designating as subsection (v) the sentence added
by section 405(c) of The Balanced Budget Downpayment Act,
I (Public Law 104–99; 110 Stat. 44); and
(2) by striking subsection (w).
SEC. 532. SECTION 236 ASSISTANCE.

(a) CONTINUED RECEIPT OF SUBSIDIES UPON REFINANCING.—
Section 236(e) of the National Housing Act (12 U.S.C. 1715z–1(e))
is amended—
(1) by inserting ‘‘(1)’’ after ‘‘(e)’’; and
(2) by adding at the end the following new paragraph:
‘‘(2) A project for which interest reduction payments are made
under this section and for which the mortgage on the project has
been refinanced shall continue to receive the interest reduction
payments under this section under the terms of the contract for
such payments, but only if the project owner enters into such
binding commitments as the Secretary may require (which shall
be applicable to any subsequent owner) to ensure that the owner
will continue to operate the project in accordance with all lowincome 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 lowincome affordability restrictions for the project in connection with

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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.

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12 USC 1715z–1
note.

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‘‘(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

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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.

Applicability.
12 USC 1715z–1
note.

SEC. 533. REHABILITATION OF ASSISTED HOUSING.

(a) REHABILITATION LOANS FROM RECAPTURED IRP AMOUNTS.—
Section 236(s) of the National Housing Act (12 U.S.C. 1715z–1(s))
is amended—
(1) by striking the subsection designation and heading and
inserting the following:
‘‘(s) GRANTS AND LOANS FOR REHABILITATION OF MULTIFAMILY
PROJECTS.—’’;
(2) in paragraph (1), by inserting ‘‘and loans’’ after ‘‘grants’’;
(3) in paragraph (2)—
(A) in the matter preceding subparagraph (A), by
striking ‘‘capital grant assistance under this subsection’’
and inserting ‘‘capital assistance under this subsection
under a grant or loan only’’; and
(B) in subparagraph (D)(i), by striking ‘‘capital grant
assistance’’ and inserting ‘‘capital assistance under this
subsection from a grant or loan (as appropriate)’’;
(4) in paragraph (3), by striking all of the matter that
precedes subparagraph (A) and inserting the following:
‘‘(3) ELIGIBLE USES.—Amounts from a grant or loan under
this subsection may be used only for projects eligible under
paragraph (2) for the purposes of—’’;
(5) in paragraph (4)—
(A) by striking the paragraph heading and inserting
‘‘GRANT AND LOAN AGREEMENTS’’; and
(B) by inserting ‘‘or loan’’ after ‘‘grant’’, each place
it appears;
(6) in paragraph (5), by inserting ‘‘or loan’’ after ‘‘grant’’,
each place it appears;
(7) in paragraph (6), by adding at the end the following
new subparagraph:
‘‘(D) LOANS.—In making loans under this subsection
using the amounts that the Secretary has recaptured from
contracts for interest reduction payments pursuant to
clause (i) or (ii) of paragraph (7)(A)—
‘‘(i) the Secretary may use such recaptured
amounts for costs (as such term is defined in section
502 of the Congressional Budget Act of 1974) of such
loans; and
‘‘(ii) the Secretary may make loans in any fiscal
year only to the extent or in such amounts that
amounts are used under clause (i) to cover costs of
such loans.’’;

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(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 LOWINCOME AFFORDABILITY REQUIREMENTS.—Section 236(s) of the
National Housing Act (12 U.S.C. 1715z–1(s)) is amended—
(1) in paragraph (2)—
(A) by redesignating subparagraphs (C) and (D), as
amended by the preceding provisions of this section, as
subparagraphs (D) and (E), respectively; and
(B) by inserting after subparagraph (B) the following
new subparagraph:
‘‘(C) the project owner enters into such binding commitments as the Secretary may require (which shall be
applicable to any subsequent owner) to ensure that the
owner will continue to operate the project in accordance
with all low-income affordability restrictions for the project
in connection with the Federal assistance for the project
for a period having a duration that is not less than the
period referred to in paragraph (5)(C);’’; and
(2) in paragraph (4)(B), by inserting ‘‘and consistent with
paragraph (2)(C)’’ before the period at the end.
SEC. 534. TECHNICAL ASSISTANCE.

Section 514(f )(3) of the Multifamily Assisted Housing Reform
and Affordability Act of 1997 (42 U.S.C. 1437f note) is amended
by inserting after ‘‘new owners)’’ the following: ‘‘, for technical
assistance for preservation of low-income housing for which projectbased rental assistance is provided at below market rent levels

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113 STAT. 1121

and may not be renewed (including transfer of developments to
tenant groups, nonprofit organizations, and public entities),’’.
SEC. 535. TERMINATION OF SECTION 8 CONTRACT AND DURATION
OF RENEWAL CONTRACT.

Section 8(c)(8) of the United States Housing Act of 1937 (42
U.S.C. 1437f(c)(8)) is amended—
(1) in subparagraph (A)—
(A) by striking ‘‘terminating’’ and inserting ‘‘termination of’’; and
(B) by striking the third comma of the first sentence
and all that follows through the end of the subparagraph
and inserting the following: ‘‘. The notice shall also include
a statement that, if the Congress makes funds available,
the owner and the Secretary may agree to a renewal of
the contract, thus avoiding termination, and that in the
event of termination the Department of Housing and Urban
Development will provide tenant-based rental assistance
to all eligible residents, enabling them to choose the place
they wish to rent, which is likely to include the dwelling
unit in which they currently reside. Any contract covered
by this paragraph that is renewed may be renewed for
a period of up to 1 year or any number or years, with
payments subject to the availability of appropriations for
any year.’’;
(2) by striking subparagraph (B);
(3) in subparagraph (C)—
(A) by striking the first sentence;
(B) by striking ‘‘in the immediately preceding sentence’’;
(C) by striking ‘‘180-day’’ each place it appears;
(D) by striking ‘‘such period’’ and inserting ‘‘1 year’’;
and
(E) by striking ‘‘180 days’’ and inserting ‘‘1 year’’; and
(4) by redesignating subparagraphs (C), (D), and (E), as
amended by the preceding provisions of this subsection, as
subparagraphs (B), (C), and (D), respectively.
SEC.

536.

ELIGIBILITY OF RESIDENTS OF FLEXIBLE
PROJECTS FOR ENHANCED VOUCHERS.

Notice.

SUBSIDY

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 lowincome 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 ))).’’.

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SEC. 537. ENHANCED DISPOSITION AUTHORITY.

Section 204 of the Departments of Veterans Affairs and Housing
and Urban Development, and Independent Agencies Appropriations
Act, 1997 (12 U.S.C. 1715z–11a) is amended—
(1) by striking ‘‘and 1999’’ and inserting ‘‘1999, and 2000’’;
and
(2) by striking ‘‘or demolition’’ and inserting ‘‘, demolition,
or construction on the properties (which shall be eligible
whether vacant or occupied)’’.
SEC. 538. UNIFIED ENHANCED VOUCHER AUTHORITY.

(a) IN GENERAL.—Section 8 of the United States Housing Act
of 1937 (42 U.S.C. 1437f) is amended by inserting after subsection
(s) the following new subsection:
‘‘(t) ENHANCED VOUCHERS.—
‘‘(1) IN GENERAL.—Enhanced voucher assistance under this
subsection for a family shall be voucher assistance under subsection (o), except that under such enhanced voucher
assistance—
‘‘(A) subject only to subparagraph (D), the assisted
family shall pay as rent no less than the amount the
family was paying on the date of the eligibility event for
the project in which the family was residing on such date;
‘‘(B) during any period that the assisted family continues residing in the same project in which the family
was residing on the date of the eligibility event for the
project, if the rent for the dwelling unit of the family
in such project exceeds the applicable payment standard
established pursuant to subsection (o) for the unit, the
amount of rental assistance provided on behalf of the family
shall be determined using a payment standard that is
equal to the rent for the dwelling unit (as such rent may
be increased from time-to-time), subject to paragraph
(10)(A) of subsection (o);
‘‘(C) subparagraph (B) of this paragraph shall not apply
and the payment standard for the dwelling unit occupied
by the family shall be determined in accordance with subsection (o) if—
‘‘(i) the assisted family moves, at any time, from
such project; or
‘‘(ii) the voucher is made available for use by any
family other than the original family on behalf of whom
the voucher was provided; and
‘‘(D) if the income of the assisted family declines to
a significant extent, the percentage of income paid by the
family for rent shall not exceed the greater of 30 percent
or the percentage of income paid at the time of the eligibility event for the project.
‘‘(2) ELIGIBILITY EVENT.—For purposes of this subsection,
the term ‘eligibility event’ means, with respect to a multifamily
housing project, the prepayment of the mortgage on such
housing project, the voluntary termination of the insurance
contract for the mortgage for such housing project, the termination or expiration of the contract for rental assistance under
section 8 of the United States Housing Act of 1937 for such
housing project, or the transaction under which the project
is preserved as affordable housing, that, under paragraphs

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(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

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113 STAT. 1124

PUBLIC LAW 106–74—OCT. 20, 1999

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 lowvacancy area; and
‘‘(B) residing in eligible low-income housing on the
date of the prepayment of the mortgage or voluntary termination of the insurance contract.’’.
This Act may be cited as the ‘‘Departments of Veterans Affairs
and Housing and Urban Development, and Independent Agencies
Appropriations Act, 2000’’.
Approved October 20, 1999.

LEGISLATIVE HISTORY—H.R. 2684 (S. 1596):
HOUSE REPORTS: Nos. 106–286 (Comm. on Appropriations) and 106–379
(Comm. of Conference).
SENATE REPORTS: No. 106–161 accompanying S. 1596 (Comm. on Appropriations).
CONGRESSIONAL RECORD, Vol. 145 (1999):
Sept. 8, 9, considered and passed House.
Sept. 22–24, considered and passed Senate, amended, in lieu of S. 1596.
Oct. 14, House agreed to conference report. Senate considered conference
report.
Oct. 15, Senate agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 35 (1999):
Oct. 20, Presidential remarks and statement.

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