< Back to H.R. 4800 (100th Congress, 1987–1988)

Text of the Department of Housing and Urban Development-Independent Agencies Appropriations Act, 1989

This bill was enacted after being signed by the President on August 19, 1988. The text of the bill below is as of Aug 19, 1988 (Passed Congress/Enrolled Bill).

102 STAT. 1014                  PUBLIC LAW 100-404—AUG. 19, 1988

                 Public Law 100-404
                 100th Congress
                                                     An Act

 Aug. 19, 1988   Making appropriations for the Department of Housing and Urban Development, and
                  for sundry independent agencies, boards, commissions, corporations, and offices for
  [H.R. 4800]     the fiscal year ending September 30, 1989, and for other purposes.

                   Be it enacted by the Senate and House of Representatives of the
Department of    United States of America in Congress assembled, That the following
Housing and      sums are appropriated, out of any money in the Treasury not
Urban            otherwise appropriated, for the Department of Housing and Urban
Development—
Independent      Development, and for sundry independent agencies, boards, commis-
Agencies         sions, corporations, and offices for the fiscal year ending September
Appropriations   30,1989, and for other purposes, namely:
Act, 1989.
                                                     TITLE I
                   DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
                                              HOUSING PROGRAMS

                              ANNUAL CONTRIBUTIONS FOR ASSISTED HOUSING

                                            (INCLUDING RESCISSION)

                   For assistance under the United States Housing Act of 1937, as
                 amended ("the Act" herein) (42 U.S.C. 1437), not otherwise provided
                 for, $7,538,765,000, to remain available until expended: Provided,
                 That of the new budget authority provided herein, $89,350,788 shall
                 be for the development or acquisition cost of public housing for
                 Indian families, including amounts for housing under the mutual
                 help homeownership opportunity program (section 202 of the Act, as
                 amended by section 2 of Public Law 100-358, approved June 29,
                 1988); $343,347,300 shall be for the development or acquisition cost
                 of public housing, including major reconstruction of obsolete public
                 housing projects, other than for Indian families; $1,646,948,200 shall
                 be for modernization of existing public housing projects pursuant to
                 section 14 of the Act (42 U.S.C. 14371); $969,570,000 shall be for
                 assistance under section 8 of the Act for projects developed for the
                 elderly under section 202 of the Housing Act of 1959, as amended (12
                 U.S.C. 1701q); $572,059,890 shall be for the section 8 existing housing
                 certificate program (42 U.S.C. 14370; $368,473,610 shall be for the
                 section 8 moderate rehabilitation program (42 U.S.C. 1437f), of
                 which $45,000,000 is to be used to assist homeless individuals pursu-
                 ant to section 441 of the Stewart B. McKinney Homeless Assistance
                 Act (Public Law 100-77); up to $307,430,000 shall be for section 8
                 assistance for property disposition; and $1,354,937,780 shall be avail-
                 able for the housing voucher program under section 8(o) of the Act
                 (42 U.S.C. 1437f(o)): Provided further. That of that portion of such
                 budget authority under section 8(o) to be used to achieve a net
                 increase in the number of dwelling units for assisted families,
                 highest priority shall be given to assisting families who as a result of

PUBLIC LAW 100-404—AUG. 19, 1988 102 STAT. 1015 rental rehabilitation actions are involuntarily displaced or who are or would be displaced in consequence of increased rents (wherever the level of such rents exceeds 35 percent of the adjusted income of such families, as defined in regulations promulgated by the Depart- ment of Housing and Urban Development): Provided further, That up to $145,462,500 shall be for loan management under section 8 and that any amounts of budget authority provided herein that are used for loan management activities under section 8(bXl) (42 U.S.C. 1437f(bXl)) shall not be obligated for a contract term that exceeds five years, notwithstanding the specification in section 8(v) of the Act that such term shall be 180 months: Provided further, That those portions of the fees for the costs incurred in administering incremental units assisted in the certificate and housing voucher programs under sections 80)) and 8(o), respectively, shall be estab- lished or increased in accordance with the authorization for such fees in section 8(q) of the Act: Provided further. That of the $7,538,765,000 provided herein, $355,509,000 shall be used to assist handicapped families in accordance with section 202(h) (2), (3) and (4) of the Housing Act of 1959, as amended (12 U.S.C. 1701q), and $20,000,000 shall be for assistance under the Nehemiah housing opportunity program pursuant to section 612 of the Housing and Community Development Act of 1987 (Public Law 100-242) and the immediately aforementioned $20,000,000 shall not become available for obligation until July 1, 1989, and pursuant to section 202(b) of the Balanced Budget and Emergency Deficit Control Reaffirmation Act of 1987, this action is a necessary (but secondary) result of a significant policy change: Provided further. That amounts equal to all amounts of budget authority (and contract authority) reserved or obligated for the development or acquisition cost of public housing (excluding public housing for Indian families), for modernization of existing public housing projects (excluding such projects for Indian famiUes), and for programs under section 8 of the Act (42 U.S.C. 1437f), which are recaptured during fiscal year 1989, shall be re- scinded: Provided further, That notwithstanding the 20 percent limitation under section 5(jX2) of the Act, any part of the new budget authority for the development or acquisition costs of public housing other than for Indian families may, in the discretion of the Sec- retary, based on applications submitted by public housing authori- ties, be used for new construction or major reconstruction of obsolete public housing projects other than for Indian families: Provided Grants. further. That amounts equal to recaptured amounts for housing development grants shall be made available during 1989 on the terms specified in the sixth proviso under this head in the Depart- ment of Housing and Urban Development appropriation for 1987 (section 101(g) of Public Laws 99-500 and 99-591, 100 Stat. 1783, 1783-242, and 3341.3341-242). RENTAL REHABILITATION GRANTS For the rental rehabilitation grants program, pursuant to section 17(aXlXA) of the Housing Act of 1937, as amended (42 U.S.C. 1437o), $150,000,000, to remain available until September 30,1991.
102 STAT. 1016 PUBLIC LAW 100-404—AUG. 19, 1988 RENTAL HOUSING ASSISTANCE (RESCISSION) The limitation otherwise applicable to the maximum payments that may be required in any fiscal year by all contracts entered into under section 236 of the National Housing Act (12 U.S.C. 1715z-l) is reduced in fiscal year 1989 by not more than $2,000,000 in un- committed balances of authorizations provided for this purpose in appropriations Acts. HOUSING FOR THE ELDERLY OR HANDICAPPED FUND In fiscal year 1989, $480,106,000 of direct loan obligations may be made under section 202 of the Housing Act of 1959, as amended (12 U.S.C. 170 Iq), utilizing the resources of the fund authorized by subsection (a)(4) of such section, in accordance with paragraph (C) of such subsection: Provided, That such commitments shall be avail- able only to qualified nonprofit sponsors for the purpose of providing 100 per centum loans for the development of housing for the elderly or handicapped, with any cash equity or other financial commit- ments imposed as a condition of loan approval to be returned to the sponsor if sustaining occupancy is achieved in a resisonable period of time: Provided further, That the full amount shall be available for permanent financing (including construction financing) for housing projects for the elderly or handicapped: Provided further. That 25 percent of the direct loan authority provided herein shall be used only for the purpose of providing loans for projects for the handi- capped, with the mentally ill homeless handicapped receiving prior- ity: Provided further. That the Secretary may borrow from the Secretary of the Treasury in such amounts as are necessary to provide the loans authorized herein: Provided further. That, not- withstanding any other provision of law, the receipts and disburse- ments of the aforesEud fund shall be included in the totals of the Budget of the United States Government: Provided further, That, 12 use I70lq notwithstanding section 202(a)(3) of the Housing Act of 1959, loans "°*«- made in fiscal year 1989 shall bear an interest rate which does not exceed 9.25 per centum, including the allowance adequate in the judgment of the Secretary to cover administrative costs and prob- able losses under the program. CONGREGATE SERVICES For contracts with and payments to public housing s^encies and nonprofit corporations for congregate services programs in accord- ance with the provisions of the Congregate Housing Services Act of 1978, $5,400,000, to remain available until September 30, 1990. PAYMENTS FOR OPERATION OF LOW-INCOME HOUSING PROJECTS For payments to public housing agencies and Indian housing authorities for operating subsidies for low-income housing projects as authorized by section 9 of the United States Housing Act of 1937, as amended (42 U.S.C. 1437g), $1,617,508,000.
PUBLIC LAW 100-404—AUG. 19, 1988 102 STAT. 1017 HOUSING COUNSEUNG ASSISTANCE For contracts, grants, and other assistance, not otherwise provided for, for providing counseling and advice to tenants and home- owners—both current and prospective—with respect to property maintenance, financial management, and such other matters as may be appropriate to assist them in improving their housing conditions and meeting the responsibilities of tenancy or homeownership, including provisions for training and for support of voluntary agencies and services £is authorized by section 106(aXl)(iii), section 106(aX2), and section 106(c) of the Housing and Urban Development Act of 1968, as amended, $3,500,000. FLEXIBLE SUBSIDY FUND For assistance to owners of eligible multifamily housing projects insured, or formerly insured, under the National Housing Act, as amended, or which are otherwise eligible for assistance under sec- tion 201(c) of the Housing and Community Development Amend- ments of 1978, as amended (12 U.S.C. 1715z-la), in the program of assistance for troubled multifamily housing projects under the Housing and Community Development Amendments of 1978, as amended, all uncommitted balances of excess rental charges as of September 30, 1988, and any collections and other amounts in the fund authorized under section 201(i) of the Housing and Community Development Amendments of 1978, as amended, during fiscal year 1989, to remain available until expended: Provided, That assistance to an owner of a multifamily housing project assisted, but not insured, under the National Housing Act may be made if the project owner and the mortgagee have provided or agreed to provide assist- ance to the project in a manner as determined by the Secretary of Housing £uid Urban Development. EMERGENCY SHELTER GRANTS PROGRAM For the emergency shelter grants program, as authorized under subtitle B of title IV of the Stewart B. McKinney Homeless Assist- ance Act (Public Law 100-77, 101 Stat. 482, 495), $46,500,000, to remain available until expended. TRANSITIONAL AND SUPPORTIVE HOUSING DEMONSTRATION PROGRAM For the transitional and supportive housing demonstration pro- gram, as authorized under subtitle C of title IV of the Stewart B. McKinney Homeless Assistance Act (Public Law 100-77, 101 Stat. 482,498), $80,000,000, to remain available until expended. INTERAGENCY COUNCIL ON THE HOMELESS For necessary expenses of the Interagency Council on the Home- less, not otherwise provided for, as authorized by title II of the Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 11311- 11319), $1,100,000, to remain available until expended: Provided, That the Council shall carry out its duties in the 10 standard Federal regions under section 203(a)(4) of such Act only through 42 USC 11313 detail, on a non-reimbursable basis, of employees of the departments "ote. and agencies represented on the Council pursuant to section 202(a) of such Act.
102 STAT. 1018 PUBLIC LAW 100-404—AUG. 19, 1988 FEDERAL HOUSING ADMINISTRATION FUND For payment to cover losses, not otherwise provided for, sustained by the Special Risk Insurance Fund and General Insurance Fund as authorized by the National Housing Act, as amended (12 U.S.C. 1715z-3(b) and 1735c(f)), $237,720,000, to remain available until expended. Loans. During fiscal year 1989, within the resources available, gross obligations for direct loans are authorized in such amounts as may be necessary to carry out the purposes of the National Housing Act, as amended. During fiscal year 1989, additional commitments to guarantee loans to carry out the purposes of the National Housing Act, as amended, shall not exceed a loan principal of $96,000,000,000. During fiscal year 1989, gross obligations for direct loans of not to exceed $103,350,000 are authorized for payments under section 230(a) of the National Housing Act, as amended, from the insurance fund chargeable for benefits on the mortgage covering the property to which the payments made relate, and payments in connection with such obligations are hereby approved. NONPROFIT SPONSOR ASSISTANCE During fiscal year 1989, within the resources and authority avail- able, gross obligations for the principal amounts of direct loans shall not exceed $960,000. GOVERNMENT NATIONAL MORTGAGE ASSOCIATION GUARANTEES OF MORTGAGE-BACKED SECURITIES During fiscal year 1989, new commitments to issue guarantees to carry out the purposes of section 306 of the National Housing Act, as amended (12 U.S.C. 1721g), shall not exceed $144,000,000,000 of loan principal. COMMUNITY PLANNING AND DEVELOPMENT COMMUNITY D E V E L O P M E N T GRANTS (INCLUDING TRANSFERS OF FUNDS) For grants to States and units of general local government and for related expenses, not otherwise provided for, necessary for carrying out a community development grants program as authorized by title I of the Housing and Community Development Act of 1974, as amended (42 U.S.C. 5301), $3,000,000,000, to remain available until September 30, 1991, of which $200,000,000 shall be derived by trans- fer from the unobligated balances in the "Rehabilitation loan fund" and $150,000,000 shall be derived by transfer from the unobligated balances in the "Flexible subsidy fund": Provided, That not to exceed 20 per centum of any grant made with funds appropriated herein (other than a grant using funds set aside in the following proviso) shall be expended for "Planning and Management Develop- ment" and "Administration" as defined in regulations promulgated by the Department of Housing and Urban Development: Provided ,.; further, That $5,000,000 shall be made available from the foregoing $3,000,000,000 to carry out a child care demonstration under section 222 of the Housing and Urban-Rural Recovery Act of 1983, as
PUBLIC LAW 100-404—AUG. 19, 1988 102 STAT. 1019 amended (12 U.S.C. 1701z-6 note): Provided further, That $2,000,000 shall be made available from the foregoing $3,000,000,000 to carry out a neighborhood development demonstration under section 123 of the Housing and Urban-Rural Recovery Act of 1983 (Public Law 98-181). During fiscal year 1989, total commitments to guarantee loans, as authorized by section 108 of the Housing and Community Develop- ment Act of 1974, as amended (42 U.S.C. 5301), shall not exceed $144,000,000 of contingent liability for loan principal. For purposes of administering its community development block Pennsylvania. grant program for nonentitlement areas under section 106(d) of the Housing and (Community Development Act of 1974 (42 U.S.C. 5306(d)), the State of Pennsylvania may, with respect to funds provided in appropriations Acts for fiscal years 1987 and 1988, continue to utilize the data on low and moderate income populations that were utilized by the State with respect to funds provided in appropriations Acts for fiscal year 1986. Section 105(c)(2)(A) of the Housing and Community Development Act of 1974 is amended by striking out "or" immediately before 42 use 5305. "(ii)" and inserting at the end thereof before the period the following: "; or (iii) the assistance for such activity is limited to paying Real property, assessments (including any charge made as a condition of obtaining access) levied against properties owned and occupied by persons of low and moderate income to recover the capited cost for a public improvement". REHABILITATION LOAN FUND During fiscal year 1989, collections, unexpended balances of prior appropriations (including any recoveries of prior reservations) and any other amounts in the revolving fund established pursuant to section 312 of the Housing Act of 1964, as amended (42 U.S.C. 1452b), after September 30,1988, are available and may be used for commit- ments for loans and operating costs and the capitalization of delin- quent interest on delinquent or defaulted loans notwithstanding section 312(h) of such Act: Provided, That none of the funds in this Act may be used to sell any loan asset that the Secretary holds as evidence of indebtedness under such section 312. URBAN HOMESTEADING For reimbursement to the Federal Housing Administration Fund or the Rehabilitation Loan Fund for losses incurred under the urban homesteading program (12 U.S.C. 1706e), and for reimbursement to the Administrator of Veterans Affairs and the Secretary of Agri- culture for properties conveyed by the Administrator of Veterans Affairs and the Secretary of Agriculture, respectively, for use in connection with an urban homesteading program approved by the Secretary of Housing and Urban Development pursuant to section 810 of the Housing and Community Development Act of 1974, as amended, $13,200,000, to remain available until expended. ASSISTANCE FOR SOLAR AND CONSERVATION IMPROVEMENTS All funds recaptured from the amount appropriated under this head in the Department of Housing and Urban Development- Independent Agencies Appropriations Act, 1988 (section 101(f),
102 STAT. 1020 PUBLIC LAW 100-404—AUG. 19, 1988 Public Law 100-202) to remain available until September*50, 1989, shall likewise remain available to the Department of Housing and Urban Development for obligation until September 30,1989. 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-l et seq.), including carrying out the functions of the Secretary under section l(a)(l)(i) of Reorganization Plan No. 2 of 1968, $17,200,000, of which not less than $1,200,000 shall be available for lead-based paint studies, with all funds to remain available until September 30, 1990. FAIR HOUSING AND EQUAL OPPORTUNITY FAIR HOUSING ACTIVITIES For contracts, grants, and other assistance, not otherwise provided for, as authorized by title VIII of the Civil Rights Act of 1968, as amended, and section 561 of the Housing and Community Develop- ment Act of 1987, $10,000,000, to remain available until September 30,1990: Provided, That not less than $5,000,000 shall be available to carry out activities pursuant to section 561 of the Housing and Community Development Act of 1987. MANAGEMENT AND ADMINISTRATION SALARIES AND EXPENSES (INCLUDING TRANSFER OF FUNDS) For necessary administrative and nonadministrative expenses of the Department of Housing and Urban Development, not otherwise provided for, including not to exceed $4,000 for official reception and representation expenses, $716,609,000, of which $381,528,000 shall be provided from the various funds of the Federal Housing Administra- tion: Provided, That during fiscal year 1989, notwithstanding any other provision of law, the Department of Housing and Urban Development shall maintain an average employment of at least 1,365 for Public and Indian Housing Programs. ADMINISTRATIVE PROVISIONS Section 119(d)(5) of the Housing and Community Development Act 42 use 5318. of 1974 is amended by adding at the end thereof the following: Grants. "(C) Notwithstanding any other provision of this section, in Urban areas. each competition for grants under this section, no city or urban county may be awarded a grant or grants in an amount in excess of $10,000,000 until all cities and urban counties which submitted fundable applications have been awarded a grant. If funds are available for additional grants after each city and urban county submitting a fundable application is awarded one or more grants under the preceding sentence, then additional grants shall be made so that each city or urban county that has
PUBLIC LAW 100-404—AUG. 19, 1988 102 STAT. 1021 submitted multiple applications is awarded one additional grant in order of ranking, with no single city or urban county receiv- ing more than one grant approval in any subsequent series of grant determinations within the same competition. "(D) All grants under this section, including grants to cities and urban counties described in subsection (b)(2), shall be awarded in accordance with subparagraph (C) so that all grants under this section are made in order of ranking.". None of the funds provided in this Act or heretofore provided may 42 use 4822 be used to implement or enforce the regulations promulgated by the note. Department of Housing and Urban Development on June 6, 1988, with respect to the testing and abatement of lead-based paint in public housing until the Secretary develops comprehensive technical guidelines on reliable testing protocols, safe and effective abatement techniques, cleanup methods, and acceptable post-abatement lead dust levels. TITLEII INDEPENDENT AGENCTES AMERICAN BATTLE MONUMENTS COMMISSION SALARIES AND EXPENSES For necessary expenses, not otherwise provided for, of the Amer- ican 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 insur- ance of official motor vehicles in foreign countries, when required by law of such countries; $15,085,000, of which $829,000 shall be depos- ited in the account known as the "Foreign Currency Fluctuations, American Battle Monuments Commission Account", authorized by section 345, Public Law 100-322: Provided, That where station 36 use I2lb. allowance heis been authorized by the Department of the Army for officers of the Army serving the Army at certain foreign stations, the same allowance shall be authorized for officers of the Armed Forces assigned to the Commission while serving at the same foreign stations, and this appropriation is hereby made available for the payment of such allowance: Provided further, That when traveling 36 use 122. on business of the Commission, officers of the Armed Forces serving as members or as Secretary of the Commission may be reimbursed for expenses as provided for civilian members of the Commission: Provided further. That the Commission shall reimburse other 36 use I22a. Government agencies, including the Armed Forces, for salary, pay, and allowances of personnel assigned to it: Provided further. That section 409 of the general provisions carried in title IV of this Act shall not apply to the funds provided under this heading: Provided further. That not more than $125,000 of the private contributions to the Korean War Memorial Fund may be used for administrative support of the Korean War Veterans Memorial Advisory Board including travel by members of the board authorized by the Commis- sion, travel allowances to conform to those provided by Federal Travel regulations.
102 STAT. 1022 PUBLIC LAW 100-404—AUG. 19, 1988 CONSUMER PRODUCT SAFETY COMMISSION SALARIES AND EXPENSES For necessary expenses of the Consumer Product Safety Commis- sion, including hire of passenger motor vehicles, services as au- thorized by 5 U.S.C. 3109, but at rates for individuals not to exceed the per diem rate equivalent to the rate for GS-18, and not to exceed $500 for official reception and representation expenses, $34,500,000: Provided, That no more than $308,500 of these funds shall be available for personnel compensation and benefits for the Commis- sioners of the Consumer Product Safety Commission appointed pursuant to 15 U.S.C. 2053. DEPARTMENT OP DEFENSE—CIVIL CEMETERIAL EXPENSES, ARMY SALARIES A N D 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 three p£issenger motor vehicles for replacement only, and not to exceed $1,000 for official reception and representation expenses; $13,195,000, to remain available until expended. ENVIRONMENTAL PROTECTION AGENCY SALARIES AND EXPENSES For necessary expenses, not otherwise provided for, including hire of passenger motor vehicles; hire, maintenance, and operation of aircraft; uniforms, or allowances therefor, as authorized by 5 U.S.C. 5901-5902; services as authorized by 5 U.S.C. 3109, but at rates for individuals not to exceed the per diem rate equivalent to the rate for GS-18; 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 $25,000 per project; and not to exceed $3,000 for official reception and representation expenses; $804,000,000: Pro- vided, That of the total sums appropriated, the amount of program activities which can be financed by the licensing and other services special fund shall be derived from that fund: Provided further, That none of these funds may be expended for purposes of Resource Conservation and Recovery Panels established under section 2003 of the Resource Conservation and Recovery Act, as amended (42 U.S.C. 6913). RESEARCH AND DEVELOPMENT For research and development activities, $202,500,000, to remain available until September 30, 1990: Provided^ That not more than $2,000,000 of these funds shall be available for replacement of laboratory equipment.
PUBLIC LAW 100-404—AUG. 19, 1988 102 STAT. 1023 ABATEMENT, CONTROL, AND COMPLIANCE For abatement, control, and compliance activities, $715,625,000, to remain available until September 30, 1990: Provided, That not more than $2,500,000 shall be available for administrative expenses to carry out the Asbestos School Hazards Abatement Act of 1984, as amended: Provided further. That none of the funds appropriated under this head shall be available to the National Oceanic and Atmospheric Administration pursuant to section 118(h)(3) of the Federal Water Pollution Control Act, as amended: Provided further. That none of these funds may be expended for purposes of Resource Conservation and Recovery Panels established under section 2003 of the Resource Conservation and Recovery Act, as amended (42 U.S.C. 6913), or for support to State, regional, local and interstate agencies in accordance with subtitle D of the Solid Weiste Disposal Act, as amended, other than section 4008(a)(2) or 4009 (42 U.S.C. 6948, 6949). BUILDINGS AND FACIUTIES For construction, repair, improvement, extension, alteration, and purchase of fixed equipment for facilities of, or use by, the Environ- mental Protection Agency, $8,000,000, to remain available until expended. HAZARDOUS SUBSTANCE SUPERFUND For necessary expenses to carry out the Comprehensive Environ- mental Response, Compensation, and Liability Act of 1980 (CERCLA), as amended, including sections 111 (c)(3), (cX5), (c)(6), and (e)(4) (42 U.S.C. 9611), $1,425,000,000, to be derived from the Hazard- ous Substance Superfund, consisting of $1,275,000,000 as authorized by section 517(a) of the Superfund Amendments and Reauthoriza- tion Act of 1986 (SARA) and $150,000,000 as a payment from general revenues to the Hazardous Substance Superfund as authorized by section 517(b) of SARA, with all of such funds to remain available until expended: Provided, That funds appropriated under this head- ing may be allocated to other Federal agencies in accordance with section 111(a) of CERCLA, as amended: Provided further. That, notwithstanding section lll(m) of CERCLA, as amended, or any other provision of law, not to exceed $44,500,000 of the funds appro- priated under this heading shall be available to the Agency for Toxic Substances and Disease Registry to carry out activities described in sections 104(i), lll(cX4), and lll(cX14) of CERCLA and section 118(f) of the Superfund Amendments and Reauthorization Act of 1986: Provided further. That none of the funds appropriated under this heading shall be available for the Agency for Toxic Substances and Disease Registry to issue in excess of 40 toxicological profiles pursu- ant to section 104(i) of CERCLA, as amended, during fiscal year 1989: Provided further, That no more than $190,000,000 of these funds shall be available for administrative expenses. LEAKING UNDERGROUND STORAGE TANK TRUST FUND m 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, $50,000,000, to remain available until expended: Provided, That no more than $5,000,000 shall be available for administrative expenses.
102 STAT. 1024 PUBLIC LAW 100-404—AUG. 19, 1988 CONSTRUCTION GRANTS For necessary expenses to carry out the purposes of the Federal Water Pollution Control Act, as amended, and the Water Quality Act of 1987, $1,950,000,000, to remain available until expended, of which $941,000,000 shall be for title II (other than sections 201(m)(l-3), 201(n)(2), 206, 208, and 209) of the Federal Water Pollu- tion Control Act, as amended; $941,000,000 shall be for title VI of the Federal Water Pollution Control Act, as amended; and $68,000,000 shall be for title V of the Water Quality Act of 1987, consisting of $20,000,000 for section 510, $3,000,000 for section 512, $25,000,000 for section 513, and $20,000,000 for section 515. ADMINISTRATIVE PROVISION None of the funds in this Act shall be available for any indemnity payment under section 15 of the Federal Insecticide, Fungicide, and Rodenticide Act. EXECUTIVE OFFICE OF THE PRESIDENT COUNCIL ON E N V I R O N M E N T A L QUALITY AND OFFICE OF ENVIRONMENTAL QUALITY For necessary expenses of the Council on Environmental Quality and the Office of Environmental Quality, in carrying out their functions under the National Environmental Policy Act of 1969 (Public Law 91-190), the Environmental Quality Improvement Act of 1970 (Public Law 91-224), and Reorganization Plan No. 1 of 1977, including not to exceed $500 for official reception and representa- tion expenses, and hire of passenger motor vehicles, $850,000: Pro- vided, That not to exceed $290,000 of these funds shall be available for obligation in the first four months offiscalyear 1989. OFFICE OF SCIENCE AND TECHNOLOGY POUCY 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, services as authorized by 5 U.S.C. 3109, not to exceed $1,500 for official recep- tion and representation expenses, and rental of conference rooms in the District of Columbia, $1,587,000: Provided, That the Office of Science and Technology Policy shall reimburse other agencies for not less than one-half of the personnel compensation costs of individ- uals detailed to it: Provided further. That not to exceed $400,000 of these funds shall be available for obligation in the first four months of fiscal year 1989. FEDERAL EMERGENCY MANAGEMENT AGENCY DISASTER R E L I E F For necessary expenses in carrjdng out the functions of the Disas- ter Relief Act of 1974, as amended (42 U.S.C. 5121 et seq.), $100,000,000, to remain available until expended.
PUBLIC LAW 100-404—AUG. 19, 1988 102 STAT. 1025 SALARIES AND EXPENSES For necessary expenses, not otherwise provided for, including hire and purchase of motor vehicles (31 U.S.C. 1343); uniforms, or allow- ances therefor, as authorized by 5 U.S.C. 5901-5902; services as authorized by 5 U.S.C. 3109, but at rates for individuals not to exceed the per diem rate equivalent to the rate for GS-18; expenses of attendance of cooperating officials and individuals at meetings concerned with the work of emergency preparedness; transportation in connection with the continuity of Government program 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 $1,500 for official reception and representation expenses, $137,274,000. EMERGENCY MANAGEMENT PLANNING AND ASSISTANCE For necessary expenses, not otherwise provided for, to carry out activities under the National Flood Insurance Act of 1968, as amended, and the Flood Disaster Protection Act of 1973, as amended (42 U.S.C. 4001 et seq.), the Disaster Relief Act of 1974, as amended (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 Preven- tion and Control Act of 1974, as amended (15 U.S.C. 2201 et seq.), the Federal Civil Defense Act of 1950, as amended (50 U.S.C. App. 2251 et seq.), the Defense Production Act of 1950, as amended (50 U.S.C. App. 2061 et seq.), section 103 of the National Security Act (50 U.S.C. 404), and Reorganization Plan No. 3 of 1978, $282,438,000. NATIONAL FLOOD INSURANCE FUND (TRANSFERS OF FUNDS) Of the funds available from the National Flood Insurance Fund for activities under the National Flood Insurance Act of 1968, and the Flood Disaster Protection Act of 1973, $10,178,000 shall, upon enactment of this Act, be transferred to the "Salaries and expenses" appropriation for administrative costs of the insurance and flood plain management programs and $43,200,000 shall, upon enactment of this Act, be transferred to the "Emergency management planning and £issistance" appropriation for flood plain management activities, including $2,720,000 for expenses under section 1362 of the National Flood Insurance Act of 1968, as amended (42 U.S.C. 4103, 4127), which amount shall be available until September 30, 1990. In fiscal year 1989, no funds in excess of (1) $36,000,000 for operating ex- penses, (2) $169,003,000 for agents' commissions and taxes, and (3) $3,500,000 for interest on Treasury borrowings shall be available from the National Flood Insurance Fund without prior notice to the Committees on Appropriations. EMERGENCY FOOD AND SHELTER PROGRAM There is hereby appropriated $114,000,000 to the Federal Emer- gency Management Agency to carry out an emergency food and shelter program pursuant to title III of Public Law 100-77: Provided, That total administrative costs shall not exceed three and one-half per centum of the total appropriation.
102 STAT. 1026 PUBLIC LAW 100-404—AUG. 19, 1988 GENERAL SERVICES ADMINISTRATION CONSUMER INFORMATION CENTER For necessary expenses of the Consumer Information Center, including services authorized by 5 U.S.C. 3109, $1,354,000, 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 Informa- tion Center activities in the aggregate amount of $5,200,000. Administrative expenses of the Consumer Information Center in fiscal year 1989 shall not exceed $1,736,000. Appropriations, reve- nues and collections accruing to this fund during fiscal year 1989 in excess of $5,200,000 shall remain in the fund and shall not be available for expenditure except as authorized in appropriations Acts. DEPARTMENT OF HEALTH AND HUMAN SERVICES OFFICE OF CONSUMER AFFAIRS For necessary expenses of the Office of Consumer Affairs, includ- ing services authorized by 5 U.S.C. 3109, $1,708,000. NATIONAL AERONAUTICS AND SPACE ADMINISTRATION RESEARCH AND DEVELOPMENT ( I N C L U D I N G RESCISSION OF FUNDS) For necessary expenses, not otherwise provided for, including research, development, operations, services, minor construction, maintenance, repair, rehabilitation and modification of real and personal property; purchase, hire, maintenance, and operation of other than administrative aircraft, necessary for the conduct and support of aeronautical and space research and development activi- ties of the National Aeronautics and Space Administration; $4,191,700,000, to remain available until September 30, 1990, of which $900,000,000 is for the space station program only: Provided, That $515,000,000 of the $900,000,000 for the space station program shall not become available for obligation until May 15, 1989, and pursuant to section 202(b) of the Balanced Budget and Emergency Deficit Control Reaffirmation Act of 1987, this action is a necessary (but secondary) result of a significant policy change: Provided fur- ther. That the aforementioned $515,000,000 shall become available unless the President submits a special message after February 1, 1989, notifying the Congress that such funds will not be made available for the space station program. Of the funds appropriated under this head in the Department of Housing and Urban Development—Independent Agencies Appro- priations Act, 1988 (H.R. 2783), as enacted under the provision of section 101(f) of Public Law 100-202, an Act making further continuing appropriations for the fiscal year ending September 30, 1988, $25,000,000 are rescinded. SPACE FLIGHT, CONTROL AND DATA COMMUNICATIONS For necessary expenses, not otherwise provided for; in support of space flight, spacecraft control and communications activities of the
PUBLIC LAW 100-404—AUG. 19, 1988 102 STAT. 1027 National Aeronautics and Space Administration, including oper- ations, production, services, minor construction, maintenance, repair, rehabilitation, and modification of real and personal prop- erty; tracking and data relay satellite services as authorized by law; purchase, hire, maintenance and operation of other than adminis- trative aircraft; $4,364,200,000: Provided, That, notwithstanding any provision of this or any other Act, not to exceed $100,000,000 may be transferred to the National Aeronautics and Space Administration in fiscal year 1989 from any funds appropriated to the Department of Defense and such funds may only be transferred to the "Space flight, control and data communications" appropriation for space shuttle operations: Provided further. That the transfer limitation in the immediately preceding proviso shall not apply to funds trans- ferred for advanced launch systems or under existing reimburse- ment arrangements: Provided further, That the funds appropriated under this heading are, together with funds permitted to be trans- ferred hereunder, to remain available until September 30, 1990. CONSTRUCTION OF FACIUTIES For construction, repair, rehabilitation and modification of facili- ties, minor construction of new facilities and additions to existing facilities, and for facility planning and design not otherwise pro- vided, for the National Aeronautics and Space Administration, and for the acquisition or condemnation of real property, as authorized by law, $270,100,000, to remain available until September 30, 1991: Provided, That, notwithstanding the limitation on the availability of funds appropriated under this heading by this appropriations Act, when any activity has been initiated by the incurrence of obligations therefor, the amount available for such activity shall remain avail- able until expended, except that this provision shall not apply to the amounts appropriated pursuant to the authorization for repair, rehabilitation and modification of facilities, minor construction of new facilities and additions to existing facilities, and facility plan- ning and design: Provided further. That no amount appropriated Contracts, pursuant to this or any other Act may be used for the lease or construction of a new contractor-funded facility for exclusive use in support of a contract or contracts with the National Aeronautics and Space Administration under which the Administration would be required to substantially amortize through payment or re- imbursement such contractor investment, unless an appropriations Act specifies the lease or contract pursuant to which such facilities are to be constructed or leased or such facility is otherwise identified in such Act: Provided further. That the Administrator may au- thorize such facility lease or construction, if he determines, in consultation with the Committees on Appropriations, that deferral of such action until the enactment of the next appropriations Act would be inconsistent with the interest of the Nation in aeronautical and space activities: Provided further. That in addition to sums otherwise provided by this paragraph, an additional $20,000,000, to remain available until expended: Provided further. That up to $30,000,000 of the funds provided by this paragraph may be trans- ferred to and merged with sums appropriated for "Research and development" and/or "Research and program management".
102 STAT. 1028 PUBLIC LAW 100-404—AUG. 19, 1988 SCIENCE, SPACE, AND TECHNOLOGY EDUCATION TRUST FUND 42 use 2467. There is appropriated, by transfer from funds appropriated in this Act for "Construction of facilities", the sum of $15,000,000 to the "Science, Space, and Technology Education Trust Fund" which is hereby established in the Treasury of the United States: Provided, That the Secretary shall invest such funds in the United States Treasury special issue securities, that such interest shall be credited to the Trust Fund on a quarterly basis, and that such interest shall be available for the purpose of making grants for programs directed at improving science, space, and technology education in the United States: Provided further. That the Administrator of the National Aeronautics and Space Administration, after consultation with the Director of the National Science Foundation, shall review applica- tions made for such grants and determine the distribution of such Grants. available funds on a competitive basis: Provided further, That such grants shall be made available to any awardee only to the extent that said awardee provides matching funds from non-Federal sources to carry out the program for which grants from this Trust Fund are made: Provided further, That of the funds made available by this Trust Fund, $250,000 shall be disbursed each calendar quarter for a ten-year period to the Challenger Center for Space Reports. Science Education: Provided further, That the Administrator of the National Aeronautics and Space Administration shall submit to the Congress an annual report on the grants made pursuant to this paragraph. RESEARCH AND PROGRAM MANAGEMENT For necessary expenses of research in Government laboratories, management of programs and other activities of the National Aero- nautics and Space Administration, not otherwise provided for, including uniforms or allowances therefor, as authorized by law (5 U.S.C. 5901-5902); awards; lease, hire, purchase of one aircraft for replacement only (for which partial payment may be made by exchange of at least one existing administrative aircraft and such other existing aircraft as may be considered appropriate), mainte- nance and operation of administrative aircraft; purchase (not to exceed thirty-three for replacement only) and hire of passenger motor vehicles; and maintenance and repair of real and personal property, and not in excess of $100,000 per project for construction of new facilities and additions to existing facilities, repairs, and re- Contracts, habilitation and modification of facilities; $1,855,000,000: Provided, That contracts may be entered into under this appropriation for maintenance and operation of facilities, and for other services, to be provided during the next fiscal year: Provided further. That not to exceed $35,000 of the foregoing amount shall be available for sci- entific consultations or extraordinary expense, to be expended upon the approval or authority of the Administrator and his determina- tion shall be final and conclusive. NATIONAL CREDIT UNION ADMINISTRATION . CENTRAL LIQUIDITY FACILITY During fiscal year 1989, gross obligations of the Central Liquidity Facility for the principal amount of new direct loans to member credit unions as authorized by the National Credit Union Central
PUBLIC LAW 100-404—AUG. 19,1988 102 STAT. 1029 Liquidity Facility Act (12 U.S.C. 1795) shall not exceed $600,000,000: Provided, That administrative expenses of the Central Liquidity Facility in fiscal year 1989 shall not exceed $880,000. NATIONAL SCIENCE FOUNDATION RESEARCH AND RELATED ACTIVITIES For necessary expenses in carrying out the purposes of 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; mainte- nance and operation of aircraft and purchase of flight services for research support; acquisition of one aircraft; hire of passenger motor vehicles; not to exceed $2,500 for official reception and representa- tion expenses; uniforms or allowances therefor, as authorized by law (5 U.S.C. 5901-5902); rental of conference rooms in the District of Columbia; and reimbursement of the General Services Administra- tion for security guard services; $1,583,000,000, to remain available until September 30, 1990: Provided, That of the funds appropriated in this Act, $900,000 shall be available only for the International Institute for Applied Systems Analysis, and that, notwithstanding any other provision of law, the Director may choose not to obligate these funds for that purpose: Provided further. That of the funds appropriated in this Act, or from funds appropriated previously to the Foundation, not more than $90,550,000 shall be available for program development and management in fiscal year 1989: Provided further, That none of the funds appropriated in this Act may be used, directly or through grants, contracts, or other awards mecha- nisms, for agreements executed after enactment of this Act, to pay or to provide reimbursement for the Federal portion of the salary of any individual functioning as a Federal employee at more than the daily equivalent of the maximum rate paid for ES-6 for assignments to Senior Executive Service positions, unless specifically authorized by law: Provided further. That notwithstanding the preceding pro- viso, none of the funds appropriated in this Act may be used to pay the salary of any individual functioning as a Federal employee, or any other individual, through a grant or grants at a rate in excess of $95,000 per year: Provided further, That contracts may be entered Contracts, into under the progreim development and management limitation in fiscal year 1989 for maintenance and operation of facilities, and for other services, to be provided during the next fiscal year: Provided further. 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 of the funds appropriated in this Act, not more than $73,480,000 shall be avedlable for ad- vanced scientific computing, networking and communications re- search and infrastructure: Provided further. That none of the funds appropriated in this Act may be made available for a new academic research facilities program: Provided further. That to the extent that the amount appropriated is less than the total amount au- thorized 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.
102 STAT. 1030 PUBLIC LAW 100-404—AUG. 19, 1988 UNITED STATES ANTARCTIC PROGRAM ACTIVITIES For necessary expenses in carrying out the research and oper- ational support for the United States Antarctic Program pursuant to the National Science Foundation Act of 1950, as amended (42 U.S.C. 1861-1875); maintenance and operation of aircraft and pur- chase of flight services for research and operations support; mainte- nance and operation of research ships and charter or lease of ships for research and operations support; hire of passenger motor ve- hicles; not to exceed $1,000 for official reception and representation expenses; $131,000,000, to remain available until expended: Pro- vided, That receipts for support services and materials provided for non-Federal activities may be credited to this appropriation: Pro- vided further, That no funds in this account shall be used for the purchase of aircraft other than ones transferred from other Federal agencies: Provided further. That no funds in this Act shall be used to acquire or lease a research vessel with ice-breaking capability built by a shipyard located in a foreign country if such a vessel of tJnited 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 by the amount of any subsidies or financing provided by a foreign government (or instrumentality thereof) to such vessel's construction: Provided further. That a new competitive solicitation for such vessel shall be conducted: Provided further, That if the vessel contracted for pursuant to the foregoing is not available for the 1989-1990 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: Provided further. That the preceding four provisos shall not apply to appropriated funds used for the lease of the vessel POLAR DUKE. SCIENCE EDUCATION ACTIVITIES For necessary expenses in carrying out science and engineering education programs and activities pursuant to the purposes of the National Science Foundation Act of 1950, as amended (42 U.S.C. 1861-1875), including services as authorized by 5 U.S.C. 3109 and rental of conference rooms in the District of Columbia, $171,000,000, to remain available until September 30, 1990: Provided, That to the extent that the amount of this appropriation is less than the total amount authorized to be appropriated for included program activi- ties, all amounts, including floors and ceilings, specified in the authorizing Act for those program activities or their subactivities shall be reduced proportionally. 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), $19,494,000.
PUBLIC LAW 100-404—AUG. 19, 1988 102 STAT. 1031 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 law (5 U.S.C. 4101-4118) for civilian employees; and not to exceed $1,000 for official reception and representation expenses; $26,313,000: Provided, That during the current fiscal year, the Presi- dent 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 appro- priated by this Act may be expended for or in connection with the induction of any person into the Armed Forces of the United States. VETERANS ADMINISTRATION COMPENSATION AND PENSIONS For the payment of compensation benefits to or on behalf of veterans as authorized by law (38 U.S.C. 107, chapters 11,13, 51, 53, 55, and 61); pension benefits to or on behalf of veterans as au- thorized 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, pa5nnent 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, 412, 777, and 806, chapters 23, 51, 53, 55, and 61; 50 U.S.C. App. 540-548; 43 Stat. 122, 123; 45 Stat. 735; 76 Stat. 1198), $14,759,100,000, to remain available until expended. READJUSTMENT BENEFITS For the payment of readjustment and rehabilitation benefits to or on behalf of veterans as authorized by law (38 U.S.C. chapters 21, 30, 31, 34-36, 39, 51, 53, 55, and 61), $597,600,000, to remain available until expended. VETERANS INSURANCE AND INDEMNITIES For military and naval insurance, national service life insurance, servicemen's indemnities, and service-disabled veterans insurance, as authorized by law (38 U.S.C. chapter 19; 70 Stat. 887; 72 Stat. 487), $9,220,000, to remain available until expended. MEDICAL CARE 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 Veterans Administration, including care and treatment in facilities not under the jurisdiction of the Veterans Administration, and furnishing recreational facilities, supplies and equipment; funeral, burial and other expenses incidental thereto for beneficiaries receiving care in Veterans Administration facilities; repairing, altering, improving or providing facilities in the several hospitals and homes under the jurisdiction of the Veterans Adminis-
102 STAT. 1032 PUBLIC LAW 100-404—AUG. 19, 1988 tration, 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 law (5 U.S.C. 5901-5902); aid to State homes as authorized by law (38 U.S.C. 641); and not to exceed $2,000,000 to fund cost comparison studies as referred to in 38 U.S.C. 5010(a)(5); $10,542,546,000, plus reimbursements: Provided, That $13,252,000 of the foregoing amount shall be available for a pilot program of community-based residential care for homeless chron- ically mentally ill and other veterans: Provided further. That, during fiscal year 1989, jurisdictional average employment shall not exceed 38,000 for administrative support: Provided further. That, notwithstanding any other provision in this Act, a supplemental budget request may be transmitted to maintain the personnel level mandated by this Act. MEDICAL AND PROSTHETIC RESEARCH For necessary expenses in carrying out programs of medical and prosthetic research and development as authorized by law, to remain available until September 30, 1990, $210,241,000, plus reimbursements. MEDICAL ADMINISTRATION AND MISCELLANEOUS OPERATING EXPENSES For necessary expenses in the administration of the medical, hospital, nursing home, domiciliary, construction, supply, and re- search activities, as authorized by law, $47,909,000, plus reimburse- ments. GENERAL OPERATING EXPENSES For necessary operating expenses of the Veterans Administration, not otherwise provided for, including uniforms or allowances there- for, as authorized by law; not to exceed $3,000 for official reception and representation expenses; cemeterial expenses as authorized by law; purchase of six passenger motor vehicles, for use in cemeterial operations, and hire of passenger motor vehicles; and reimburse- ment of the General Services Administration for security guard services, and the Department of Defense for the cost of overseas employee mail; $774,316,000, including $512,359,000 for the Depart- ment of Veterans Benefits: Provided, That, during fiscal year 1989, jurisdictional average employment shall not be less than 12,898 for the Department of Veterans Benefits. CONSTRUCTION, MAJOR PROJECTS For constructing, altering, extending and improving any of the facilities under the jurisdiction or for the use of the Veterans Administration, or for any of the purposes set forth in sections 1004, 1006, 5002, 5003, 5006, 5008, 5009, and 5010 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, and site acquisi- tion, where the estimated cost of a project is $2,000,000 or more or where funds for a project were made available in a previous major project appropriation, $363,040,000, to remain available until ex- pended: Provided, That, except for advance planning of projects funded through the advance planning fund and the design of projects funded through the design fund, none of these funds shall
PUBLIC LAW 100-404—AUG. 19, 1988 102 STAT. 1033 be used for any project which has not been considered and approved by the Congress in the budgetary process: Provided further. That Contracts, funds provided in the appropriation "Construction, major projects" for fiscal year 1989, for each approved project shall be obligated (1) by the awarding of a working drawings contract by September 30, 1989, and (2) by the awarding of a construction contract by Septem- ber 30, 1990: Provided further. That the Administrator shall Reports, promptly report in writing to the Comptroller General and to the Committees on Appropriations any approved major construction project in which obligations are not incurred within the time limita- tions established above; and the Comptroller General shall review the report in accordance with the procedures established by section 1015 of the Impoundment Control Act of 1974 (title X of Public Law 93-344): Provided further, That no funds from any other account, except the "Parking garage 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 one year after substantial completion and beneficial occupancy by the Veterans Administration of the project or any part thereof with respect to that part only: Provided further. That prior to the issu- Contracts, ance of a bidding document for any construction contract for a project approved under this heading (excluding completion items), the director of the affected Veterans Administration medical facility must certify that the design of such project is acceptable from a patient care standpoint: Provided further. That not to exceed $8,000,000 of the funds available shall be used for the settlement of contractors' claims arising from the construction of a replacement hospital at the Veterans Administration Medical Center, Bronx, New York: Provided further. That not to exceed $2,600,000 of the funds available shall be used for the pajrment of sales and use tax to the State of Washington due on prior construction projects funded by this and other accounts, in lieu of payment to contractors of these tax costs which were not included in the contracts for these projects: Provided further, That the Veterans Administration shall, from funds previously appropriated for the replacement and moderniza- tion of the hospital at Allen Park, Michigan, immediately proceed with the planning, site acquisition, site preparation, and design of a new hospital in downtown Detroit, Michigan, which contains not less than 503 hospital beds. CONSTRUCTION, MINOR PROJECTS • For constructing, altering, extending, and improving any of the facilities under the jurisdiction or for the use of the Veterans Administration, including planning, architectural and engineering services, maintenance or guarantee period services costs associated with equipment guarantees provided under the project, and site acquisition, or for any of the purposes set forth in sections 1004, 1006, 5002, 5003, 5006, 5008, 5009, and 5010 of title 38, United States Code, where the estimated cost of a project is less than $2,000,000, $111,596,000, to remain available until expended, along with unobli- gated balances of previous "Construction, minor projects" appro- priations which are hereby made available for any project where the estimated cost is less than $2,000,000: Provided, That not more than $41,731,000 shall be available for expenses of the Office of Facilities, including research and development in building construction tech- nology: Provided further. That funds in this account shall be avail-
102 STAT. 1034 PUBLIC LAW 100-404—AUG. 19, 1988 able for (1) repairs to any of the nonmedical facilities under the jurisdiction or for the use of the Veterans Administration 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 GARAGE REVOLVING FUND For the parking garage revolving fund as authorized by law (38 U.S.C. 5009), $26,000,000, together with income from fees collected, to remain available until expended. Resources of this fund shall be available for all expenses authorized by 38 U.S.C. 5009 except operations and maintenance costs which will be funded from "Medi- cal care". GRANTS FOR CONSTRUCTION OF STATE EXTENDED CARE FACILITIES For grants to assist the several 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 au- thorized by law (38 U.S.C. 5031-5037), $42,000,000, to remain avail- able until September 30,1991. GRANTS TO THE REPUBLIC OF THE PHILIPPINES For payment to the Republic of the Philippines of grants, as authorized by law (38 U.S.C. 632), for assisting in the replacement and upgrading of equipment and in rehabilitating the physical plant and facilities of the Veterans Memorial Medical Center, $500,000, to remain available until September 30,1990. GRANTS FOR THE CONSTRUCTION OF STATE VETERANS CEMETERIES For grants to aid States in establishing, expanding, or improving State veterans cemeteries as authorized by law (38 U.S.C. 1008), $9,000,000, to remain available until September 30,1991. DIRECT LOAN REVOLVING FUND During 1989, within the resources available, not to exceed $1,000,000 in gross obligations for direct loans are authorized for specially adapted housing loans (38 U.S.C. chapter 37). LOAN GUARANTY REVOLVING FUND (INCLUDING TRANSFER OF FUNDS) For expenses necessary to carry out loan guaranty and insurance operations, as authorized by law (38 U.S.C. chapter 37, except administrative expenses, as authorized by section 1824 of such title), $658,000,000, to remain available until expended. During 1989, the resources of the loan guaranty revolving fund shall be available for expenses for property acquisitions and other loan guaranty and insurance operations, as authorized by law (38 U.S.C. chapter 37, except administrative expenses, as authorized by section 1824 of such title): Provided, That the unobligated balances, including retained earnings of the direct loan revolving fund, shall be available, during 1989, for transfer to the loan guaranty revolv-
PUBLIC LAW 100-404—AUG. 19, 1988 102 STAT. 1035 ing fund in such amounts as may be necessary to provide for the timely payment of obligations of such fund, and the Administrator of Veterans Affairs shall not be required to pay interest on amounts so transferred after the time of such transfer. During 1989, with the resources available, gross obligations for direct loans and total commitments to guarantee loans are au- thorized in such amounts as may be necessary to carry out the purposes of the "Loan guaranty revolving fund". ADMINISTRATIVE PROVISIONS (INCLUDING TRANSFER OF FUNDS) Any appropriation for 1989 for "Compensation and pensions", "Readjustment benefits", "Veterans insurance and indemnities", and the "Loan guaranty revolving fund" may be transferred to any other of the mentioned appropriations. Appropriations available to the Veterans Administration for 1989 for salaries and expenses shall be available for services £is au- thorized by 5 U.S.C. 3109. No part of the appropriations in this Act for the Veterans Administration (except the appropriations for "Construction, major projects" and "Construction, minor projects") shall be available for the purchase of any site for or toward the construction of any new hospital or home. No part of the foregoing appropriations shall be available for hospitalization or examination of any persons except beneficiaries entitled under the laws bestowing such benefits to veterans, unless reimbursement of cost is made to the appropriation at such rates as may be fixed by the Administrator of Veterans Affairs. Appropriations available to the Veterans Administration for fiscal year 1989 for "Compensation and pensions", "Readjustment bene- fits", "Veterans insurance and indemnities", and the "Loan guar- anty revolving fund" sheill be available for payment of prior year accrued obligations required to be recorded by law against the aforementioned accounts within the last quarter of fiscal year 1988. TITLE III CORPORATIONS Corporations and agencies of the Department of Housing and Contracts. Urban Development and the Federal Home Loan Bank Board 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 1989 for such corporation or agency except as hereinafter provided: Provided, Loans. 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 appropria- tions Acts), except that this proviso shall not apply to the mortgage insurance or guaranty operations of these corporations, or where
102 STAT. 1036 PUBLIC LAW 100-404—AUG. 19, 1988 loans or mortgage purchases are necessary to protect the financial interest of the United States Government. FEDERAL HOME LOAN BANK BOARD UMITATION ON ADMINISTRATIVE EXPENSES, FEDERAL HOME LOAN BANK BOARD Not to exceed a total of $31,942,000 shall be available for adminis- trative expenses of the Federal Home Loan Bank Board for procure- ment of services as authorized by 5 U.S.C. 3109, and contracts for such services with one organization may be renewed annually, and uniforms or allowances therefor in accordance with law (5 U.S.C. 5901-5902), and said amount shall be derived from funds available to the Federal Home Loan Bank Board, including those in the Federal Home Loan Bank Board revolving fund and receipts of the Board for the current fiscal year, of which not to exceed $800,000 shall be available for purposes of training State examiners and not to exceed $1,500 shall be available for official reception and representation 12 use 1428a expenses: Provided, That members and alternates of the Federal "o**- Savings and Loan Advisory Council may be compensated subject to the provisions of section 7 of the Federal Advisory Committee Act, and shall be entitled to reimbursement from the Board for transpor- tation expenses incurred in attendance at meetings of or concerned with the work of such Council and may be paid in lieu of subsistence per diem not to exceed the dollar amount set forth in 5 U.S.C. 5703: Provided further. That, notwithstanding any other provisions of this Act, except for the limitation in amount hereinbefore specified, the expenses and other obligations of the Board shall be incurred, allowed, and paid in accordance with the provisions of the Federal Home Loan Bank Act of 1932, as amended (12 U.S.C. 1421-1449). LIMITATION ON ADMINISTRATIVE EXPENSES, FEDERAL SAVINGS AND LOAN INSURANCE CORPORATION Not to exceed $1,667,000 shall be available for administrative expenses, which shall be on an accrual basis and shall be exclusive of interest paid, depreciation, properly capitalized expenditures, expenses in connection with liquidation of insured institutions or activities relating to sections 406(c), 407, or 408 of the National Housing Act, liquidation or handling of assets of or derived from insured institutions, pajmient of insurance, and action for or toward the avoidance, termination, or minimizing of losses in the case of insured institutions, legal fees and expenses and payments for expenses of the Federal Home Loan Bank Board determined by said Board to be properly allocable to said Corporation, and said Corptora- tion may utilize and may make payments for services and facilities of the Federal home loan banks, the Federal Reserve banks, the Federal Home Loan Bank Board, the Federal Home Loan Mortgage Corporation, and other agencies of the Government: Provided, That, notwithstanding any other provisions of this Act, except for the limitation in amount hereinbefore specified, the administrative ex- penses and other obligations of said Corporation shall be incurred, allowed, and paid in accordance with title IV of the Act of June 27, 1934, as amended (12 U.S.C. 1724-1730f).
PUBLIC LAW 100-404—AUG. 19, 1988 102 STAT. 1037 TITLE IV GENERAL PROVISIONS SECTION 401. Where appropriations in titles I and II 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 therefor in the budget estimates submitted for the appropriations: Provided, 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 Veterans Administration; to travel performed in connection with major disasters or emergencies declared or deter- mined by the President under the provisions of the Disaster Relief Act of 1974; to site-related travel performed in connection with the Comprehensive Environmental Response, Compensation, and Liabil- ity Act of 1980, as amended; to site-related travel under the Solid Waste Disposal Act, as amended; or to payments to interagency motor pools where separately set forth in the budget schedules: Provided further, That if appropriations in titles I and II exceed the amounts set forth in budget estimates initially submitted for such appropriations, the expenditures for travel may correspondingly exceed the amounts therefor set forth in the estimates in the same proportion. SEC. 402. Appropriations and funds available for the administra- tive expenses of the Department of Housing and Urban Develop- ment and the Selective Service System shall be available in the current fiscal year for purchase of uniforms, or allowances therefor, as authorized by law (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 Devel- opment 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 serv- ices on a contract or fee basis, and for utilizing and making payment for services and facilities of Federal National Mortgage Association, Government National Mortgage Association, Federal Home Loan Mortgage Corporation, Federal Financing Bank, Federal Reserve banks or any member thereof. Federal home loan banks, and any insured bank within the meaning of the Federal Deposit Insurance Corporation Act, as amended (12 U.S.C. 1811-1831). SEC. 404. No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein. SEC. 405. No funds appropriated by this Act may be expended— (1) pursuant to a certification of an officer or employee of the United States unless— (A) such certification is accompanied by, or is part of, a voucher or abstract which describes the payee or payees and the items or services for which such expenditure is being made, or (B) the expenditure of funds pursuant to such certifi- cation, and without such a voucher or abstract, is specifi- cally authorized by law; and
102 STAT. 1038 PUBLIC LAW 100-404—AUG. 19, 1988 (2) unless such expenditure is subject to audit by the General Accounting Office or is specifically exempt by law fi-om such audit. SEC. 406. None of the funds provided in this Act to any depart- ment or agency may be expended for the transportation of any officer or employee of such department or agency between his domicile and his place of employment, with the exception of the Secretary of the Department of Housing and Urban Development, who, under title 5, United States Code, section 101, is exempted from such limitation. 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 specificially solicited by the Government: Provided, That the extent of cost sharing by the recipient shall reflect the mutuality of in- terest of the grantee or contractor and the Government in the research. SEC. 408. None of the funds provided 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 maximum rate paid for GS-18, unless specifically authorized by law. SEC. 409. No part of any appropriation contained in this Act for personnel compensation and benefits shall be available for other object classifications set forth in the budget estimates submitted for the appropriations. SEC. 410. None of the funds in this Act shall be used to pay the expenses of, or otherwise compensate, non-Federal parties interven- ing in regulatory or adjudicatory proceedings. Nothing herein af- fects 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.). Contracts. SEC. 411. Except as otherwise provided under existing law or under an existing Executive order issued pursuant to an existing Public law, the obligation or expenditure of any appropriation under this information. 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 twenty-four 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. Contracts. SEC. 412. Except as otherwise provided by law, no part of any Reports. appropriation contained in this Act shall be obligated or expended by any executive agency, as referred to in the Office of Federal Procurement Policy Act (41 U.S.C. 401 et seq.) for a contract for services unless such executive agency (1) has awarded and entered into such contract in full compliance with such Act and the regula- tions 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 concern- ing (A) the contract pursuant to which the report was prepared, and
PUBLIC LAW 100-404—AUG. 19, 1988 102 STAT. 1039 (B) the contractor who prepared the report pursuant to such contract. SEC. 413. 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. 414. None of the funds provided in this Act to any depart- ment 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. 415. Such sums as may be necessary for fiscal year 1989 pay raises for programs funded by this Act shall be absorbed within the levels appropriated in this Act. This Act may be cited as the "Department of Housing and Urban Development—Independent Agencies Appropriations Act, 1989". Approved August 19, 1988. LEGISLATIVE HISTORY—H.R. 4800: HOUSE REPORTS: No. 100-701 (Comm. on Appropriations) and No. 100-817 (Comm. of Conference). SENATE REPORTS: No. 100-401 (Comm. on Appropriations). CONGRESSIONAL RECORD, Vol. 134 (1988): June 22, considered and passed House. July 12, 13, considered and passed Senate, amended. Aug. 9, House agreed to conference report; receded and concurred in certain Senate amendments, in others with amendments. Senate agreed to conference report; concurred in House amendments. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 24 (1988): Aug. 19, Presidential statement.