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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 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.
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 nec
essary 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).
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 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 Americanmade.
(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) amounts set forth in the budget estimates sub the Senate and the Committee on Transporby the Congress. mitted for the appropriations.
tation and Infrastructure of the House of RepSEC. 416. None of the funds appropriated in SEC. 426. Except in the case of entities that are resentatives a report containing a detailed exthis Act may be used to implement any cap on funded solely with Federal funds or any natural planation of the impact, if any, that the Phase reimbursements to grantees for indirect costs, ex persons that are funded under this Act, none of I program has had in improving water quality cept as published in Office of Management and the funds in this Act shall be used for the plan in the United States (including a description of Budget Circular A-21.
ning or execution of any program to pay the ex specific measures that have been successful and SEC. 417. Such sums as may be necessary for penses of, or otherwise compensate, non-Federal those that have been unsuccessful). fiscal year 2000 pay raises for programs funded parties to lobby or litigate in respect to adju (c) FEDERAL REGISTER.—The reports described by this Act shall be absorbed within the levels dicatory proceedings funded in this Act. A chief in subsections (a) and (b) shall be published in appropriated in this Act.
executive officer of any entity receiving funds the Federal Register for public comment. SEC. 418. None of the funds made available in
under this Act shall certify that none of these SEC. 432. PESTICIDE TOLERANCE FEES. None of this Act may be used for any program, project, funds have been used to engage in the lobbying the funds appropriated or otherwise made availor activity, when it is made known to the Fed
of the Federal government or in litigation able by this Act shall be used to promulgate a eral entity or official to which the funds are against the United States unless authorized final regulation to implement changes in the made available that the program, project, or ac under existing law.
payment of pesticide tolerance processing fees as tivity is not in compliance with any Federal law SEC. 427. LAW ENFORCEMENT AGENCIES NOT proposed at 64 Fed. Reg. 31040, or any similar relating to risk assessment, the protection of pri INCLUDED AS OWNER OR OPERATOR. Section proposals. The Environmental Protection Agenvate property rights, or unfunded mandates. 101(20)(D) of the Comprehensive Environmental cy may proceed with the development of such a SEC. 419. Corporations and agencies of the De
Response, Compensation, and Liability Act of rule. partment of Housing and Urban Development
1980 (42 U.S.C. 9601(20)(D)) is amended by in SEC. 433. COMMERCIAL SPACE LAUNCH INDEMwhich are subject to the Government Corpora
serting “through seizure or otherwise in connec NIFICATION EXTENSION. Section 70113(f) of title tion Control Act, as amended, are hereby au tion with law enforcement activity” before "in 49, United States Code is amended by striking thorized to make such expenditures, within the voluntary” the first place it appears.
"December 31, 1999", and inserting "December limits of funds and borrowing authority avail SEC. 428. No part of any funds appropriated 31, 2000”. able to each such corporation or agency and in in this Act shall be used by an agency of the ex SEC. 434. SPACE STATION COMMERCIAL DEVELaccord with law, and to make such contracts
ecutive branch, other than for normal and rec OPMENT DEMONSTRATION PROGRAM. (a) PURand commitments without regard to fiscal year
ognized executive-legislative relationships, for POSE.—The purpose of this section is to establish limitations as provided by section 104 of the Act publicity or propaganda purposes, and for the a demonstration regarding the commercial feasias may be necessary in carrying out the pro preparation, distribution or use of any kit, pam bility and economic viability of private sector grams set forth in the budget for 2000 for such
phlet, booklet, publication, radio, television or business operations involving the International corporation or agency except as hereinafter pro
film presentation designed to support or defeat Space Station and its related infrastructure. vided: Provided, That collections of these cor legislation pending before the Congress, except The goal will be furthered by the early use of porations and agencies may be used for new in presentation to the Congress itself.
the International Space Station by United loan or mortgage purchase commitments only to SEC. 429. The comment period on the proposed States commercial entities committing private the extent expressly provided for in this Act (un rules related to section 303(d) of the Clean capital to commercial enterprises on the Interless such loans are in support of other forms of Water Act published at 64 Federal Register 46012
national Space Station. In conjunction with this assistance provided for in this or prior appro and 46058 (August 23, 1999) shall be extended
demonstration program, the National Aeropriations Acts), except that this proviso shall from October 22, 1999, for a period of 90 addi nautics and Space Administration (NASA) shall not apply to the mortgage insurance or guar tional calendar days.
establish and publish a price policy designed to anty operations of these corporations, or where SEC. 430. Section 4(a) of the Act of August 9, eliminate price uncertainty for those planning loans or mortgage purchases are necessary to 1950 (16 U.S.C. 777c(a)), is amended in the sec
to utilize the International Space Station and protect the financial interest of the United ond sentence by striking "1999" and inserting
its related facilities for United States commercial States Government. "2000”.
use. SEC. 420. Notwithstanding section 320(g) of the SEC. 431. PROMULGATION OF STORMWATER
(b) USE OF RECEIPTS FOR COMMERCIAL USE.Federal Water Pollution Control Act (33 U.S.C. REGULATIONS. (a) STORMWATER REGULATIONS.—
Any receipts collected by NASA from the com1330(g)), funds made available pursuant to au The Administrator of the Environmental Protec
mercial use of the International Space Station thorization under such section for fiscal year tion Agency shall not promulgate the Phase II
shall first be used to offset any costs incurred by 2000 may be used for implementing comprehen stormwater regulations until the Administrator
NASA in support of the United States commersive conservation and management plans. submits to the Committee on Environment and
cial use of the International Space Station. Any SEC. 421. Notwithstanding any other provision Public Works of the Senate and the Committee
receipts collected in excess of the costs identified of law, the term "qualified student loan” with on Transportation and Infrastructure of the
pursuant to the prior sentence may be retained respect to national service education awards House of Representatives a report containing
by NASA for use without fiscal year limitation shall mean any loan made directly to a student (1) an in-depth impact analysis on the effect
in promoting the commercial use of the Interby the Alaska Commission on Postsecondary the final regulations will have on urban, subur
national Space Station. Education, in addition to other meanings under ban, and rural local governments subject to the
(c) REPORT.-NASA shall submit an annual section 148(b)(7) of the National and Community regulations, including an estimate of,
report to the Congress that identifies all receipts Service Act.
(A) the costs of complying with the 6 minimum
that are collected under this section, the use of SEC. 422. It is the sense of the Congress that, control measures described in the regulations;
the receipts and the status of the demonstration. along with health care, housing, education, and and other benefits, the presence of an honor guard (B) the costs resulting from the lowering of
NASA shall submit a final report on the status
of the demonstration, including any recat a veteran's funeral is a benefit that a veteran the construction threshold from 5 acres to 1
ommendation for expansion, within 120 days of has earned, and, therefore, the executive branch
acre; should provide funeral honor details for the fu (2) an explanation of the rationale of the Ad
the completion of the assembly of the Inter
national Space Station or the end of fiscal year nerals of veterans when requested, in accord ministrator for lowering the construction site
2004, whichever is earlier. ance with law.
threshold from 5 acres to 1 acre, includingSEC. 423. Notwithstanding any other law, (A) an explanation, in light of recent court
(d) DEFINITIONS.—As used in this section, the funds made available by this or any other Act or decisions, of why a 1-acre measure is any less
term “United States commercial use" means priprevious Acts for the United States/Mexico arbitrarily determined than a 5-acre measure;
vate commercial projects that are designed to Foundation for Science may be used for the en and
benefit the United States through the sales of dowment of such Foundation: Provided, That (B) all qualitative information used in deter
goods or services or the creation of jobs, or both. funds from the United States Government shall mining an acre threshold for a construction site;
(e) TERMINATION.-The demonstration probe matched in equal amounts with funds from (3) documentation demonstrating that
gram established under this section shall apply Mexico: Provided further, That the accounts of stormwater runoff is generally a problem in
to United States commercial use agreements that such Foundation shall be subject to United communities with populations of 50,000 to
are entered into prior to the date of the compleStates Government administrative and audit re 100,000 (including an explanation of why the
tion of the International Space Station or the quirements concerning grants and requirements coverage of the regulation is based on a census
end of fiscal year 2004, whichever is earlier. concerning cost principles for nonprofit organi determined population instead of a water qual
SEC. 435. INSURANCE; INDEMNIFICATION; LIzations: Provided further, That the United ity threshold); and
ABILITY. (a) AMENDMENT.—The National AeroStates/Mexico Foundation for Science is re (4) information that supports the position of
nautics and Space Act of 1958 (42 U.S.C. 2451 et named the George E. Brown United States/Mer the Administrator that the Phase II stormwater
seq.) is amended by inserting after section 308 ico Foundation for Science. program should be administered as part of the
the following new section: SEC. 424. None of the funds made available in National Pollutant Discharge Elimination Sys
“EXPERIMENTAL AEROSPACE VEHICLE this Act may be used to carry out Executive tem under section 402 of the Federal Water Pol “(a) IN GENERAL.—The Administrator may Order No. 13083. lution Control Act (33 U.S.C. 1342).
provide liability insurance for, or indemnificaSEC. 425. Unless otherwise provided for in this (b) PHASE I REGULATIONS.—No later than 120 tion to, the developer of an experimental aeroAct, no part of any appropriation for the De days after the enactment of this Act, the Envi space vehicle developed or used in execution of partment of Housing and Urban Development ronmental Protection Agency shall submit to the an agreement between the Administration and shall be available for any activity in excess of Environment and Public Works Committee of 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.
“(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 CROSSWAIVER.-Notwithstanding subsection (a), the Administrator may not indemnify a developer of an experimental aerospace vehicle under this section unless there is an agreement between the Administration and the developer described in subsection (c).
“(4) APPLICATION OF CERTAIN PROCEDURES. If the Administrator requests additional appropriations to make payments under this section, like the payments that may be made under section 308(b) of this Act, then the request for those appropriations shall be made in accordance with the procedures established by subsections (d) and (e) of section 70113 of title 49, United States Code.
**(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.
“(A) CLAIMS.-A reciprocal waiver under paragraph (1) may not preclude a claim by any natural person (including, but not limited to, a natural person who is an employee of the United States, the developer, the cooperating party, or their respective subcontractors) or that natural person's estate, survivors, or subrogees for injury or death, except with respect to a subrogee that is a party to the waiver or has otherwise agreed to be bound by the terms of the waiver.
“(B) LIABILITY FOR NEGLIGENCE.-A reciprocal waiver under paragraph (1) may not absolve any party of liability to any natural person (including, but not limited to, a natural person who is an employee of the United States, the developer, the cooperating party, or their respective subcontractors) or such a natural person's estate, survivors, or subrogees for negligence, except with respect to a subrogee that is a party to the waiver or has otherwise agreed to be bound by the terms of the waiver.
“(C) INDEMNIFICATION FOR DAMAGES.-A reciprocal waiver under paragraph (1) may not be used as the basis of a claim by the Administration, or the developer or cooperating party, for indemnification against the other for damages paid to a natural person, or that natural person's estate, survivors, or subrogees, for injury or death sustained by that natural person as a result of activities connected to the agreement or use of the experimental aerospace vehicle.
"(3) EFFECT ON PREVIOUS WAIVERS.-Subsection (c) applies to any waiver of claims entered into by the Administration without regard to whether it was entered into before, on, or after the date of the enactment of this Act.
"(d) DEFINITIONS.—In this section:
"(1) COOPERATING PARTY.-The term 'cooperating party' means any person who enters into an agreement with the Administration for the performance of cooperative scientific, aeronautical, or space activities to carry out the purposes of this Act. “(2) DEVELOPER.-The term 'developer' means
' a United States person (other than a natural person) who
“(A) is a party to an agreement with the Administration for the purpose of developing new technology for an experimental aerospace vehi
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 Per
sons With Disabilities Sec. 511. Supportive housing for elderly per
sons. 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. Sec. 522. Grants for conversion of elderly hous
ing to assisted living facilities. Sec. 523. Use of section 8 assistance for assisted
living facilities. Sec. 524. Size limitation for projects for persons
with disabilities. Sec. 525. Commission on Affordable Housing
and Health Care Facility Needs in
the 21st Century. Subtitle C-Renewal of Expiring Rental Assist
ance Contracts and Protection of Residents Sec. 531. Renewal of expiring contracts and en
hanced vouchers for project resi
dents. 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 sub
sidy projects for enhanced vouch
ers. 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. 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:
“(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 CON
TENTS. (a) SHORT TITLE.—This title may be cited as the "Preserving Affordable Housing for Senior
“(m) AUTHORIZATION OF APPROPRIATIONS. “SEC. 2026. GRANTS FOR CONVERSION OF ELDER cant's financial records, including assets in the There is authorized to be appropriated for pro
LY HOUSING TO ASSISTED LIVING
applicant's residual receipts account and reviding assistance under this section $710,000,000
serves for replacement account; for fiscal year 2000.".
"(a) GRANT AUTHORITY.-The Secretary of
“(4) the extent to which the applicant has eviSEC. 512. SUPPORTIVE HOUSING FOR PERSONS Housing and Urban Development may make
denced community support for the repairs or WITH DISABILITIES. grants in accordance with this section to owners
conversion, by such indicators as letters of supSection 811 of the Cranston-Gonzalez National of eligible projects described in subsection (b) for
port from the local community for the repairs or Affordable Housing Act (42 U.S.C. 8013) is one or both of the following activities:
conversion and financial contributions from amended
"(1) REPAIRS.-Substantial capital repairs to
public and private sources; (1) by redesignating subsection (m) as sub a project that are needed to rehabilitate, mod
"(5) in the case of a grant for conversion acsection (n); and ernize, or retrofit aging structures, common
tivities, the extent to which the applicant dem(2) by inserting after subsection (1) the fol areas, or individual dwelling units.
onstrates a strong commitment to promoting the lowing new subsection:
“(2) CONVERSION.—Activities designed to con
autonomy and independence of the elderly per“(m) AUTHORIZATION OF APPROPRIATIONS. vert dwelling units in the eligible project to as
that the assisted living facility is intended There is authorized to be appropriated for pro sisted living facilities for elderly persons.
to serve; viding assistance under this section $201,000,000 "(b) ELIGIBLE PROJECTS.-An eligible project
“(6) in the case of a grant for conversion acfor fiscal year 2000.". described in this subsection is a multifamily
tivities, the quality, completeness, and manageSEC. 513. SERVICE COORDINATORS AND CON housing project that is— GREGATE SERVICES FOR ELDERLY
rial capability of providing the services which "(1)(A) described in subparagraph (B), (C), AND DISABLED HOUSING.
the assisted living facility intends to provide to (D), (E), (F), or (G) of section 683(2) of the (a) AUTHORIZATION OF APPROPRIATIONS FOR
elderly residents, especially in such areas as Housing and Community Development Act of
meals, 24-hour staffing, and on-site health care; FEDERALLY ASSISTED HOUSING.–There is au 1992 (42 U.S.C. 13641(2)), or (B) only to the ex
and thorized to be appropriated to the Secretary of tent amounts of the Department of Agriculture Housing and Urban Development $50,000,000 for are made available to the Secretary of Housing
“(7) such other criteria as the Secretary deterfiscal year 2000 for the following purposes:
mines to be appropriate to ensure that funds and Urban Development for such grants under (1) GRANTS FOR SERVICE COORDINATORS FOR
made available under this section are used effecthis section for such projects, subject to a loan CERTAIN FEDERALLY ASSISTED MULTIFAMILY
tively. made or insured under section 515 of the HousHOUSING.–For grants under section 676 of the
"(f) DEFINITIONS.-For the purposes of this ing Act of 1949 (42 U.S.C. 1485); Housing and Community Development Act of
“(2) owned by a private nonprofit organiza1992 (42 U.S.C. 13632) for providing service coor
"(1) the term 'assisted living facility' has the tion (as such term is defined in section 202); and dinators.
“(3) designated primarily for occupancy by el
meaning given such term in section 232(b) of the (2) CONGREGATE SERVICES FOR FEDERALLY ASderly persons.
National Housing Act (12 U.S.C. 1715w(b)); and SISTED HOUSING.–For contracts under section Notwithstanding any other provision of this
(2) the definitions in section 202(k) shall 802 of the Cranston-Gonzalez National Affordsubsection or this section, an unused or under
apply. able Housing Act (42 U.S.C. 8011) to provide utilized commercial property may be considered
“(g) AUTHORIZATION OF APPROPRIATIONS.— congregate services programs for eligible resi
There is authorized to be appropriated for proan eligible project under this subsection, except dents of eligible housing projects under subpara that the Secretary may not provide grants under
viding grants under this section such sums as graphs (B) through (D) of subsection (k)(6) of this section for more than 3 such properties. For
may be necessary for fiscal year 2000.". such section. any such projects, any reference under this sec
SEC. 523. USE OF SECTION 8 ASSISTANCE FOR AS(b) PUBLIC HOUSING.—There is authorized to
SISTED LIVING FACILITIES. tion to dwelling units shall be considered to be appropriated to the Secretary of Housing and refer to the premises of such properties.
(a) VOUCHER ASSISTANCE.-Section 8(0) of the Urban Development such sums as may be nec "(c) APPLICATIONS.-Applications for grants
United States Housing Act of 1937 (42 U.S.C. essary for fiscal year 2000 for grants for use only under this section shall be submitted to the Sec
1437f(o)) is amended by adding at the end the for activities described in paragraph (2) of secretary in accordance with such procedures as
following new paragraph: tion 34(b) of the United States Housing Act of the Secretary shall establish. Such applications
“(18) RENTAL ASSISTANCE FOR ASSISTED LIVING 1937 (42 U.S.C. 14372–6(b)(2)) for renewal of all shall contain
FACILITIES.grants made in prior fiscal years for providing “(1) a description of the substantial capital
"(A) IN GENERAL.-A public housing agency service coordinators and congregate services for repairs or the proposed conversion activities for may make assistance payments on behalf of a the elderly and disabled in public housing.
which a grant under this section is requested; family that uses an assisted living facility as a Subtitle B—Expanding Housing Opportunities “(2) the amount of the grant requested to com
principal place of residence and that uses such for the Elderly and Persons With Disabilities plete the substantial capital repairs or conver
supportive services made available in the facility SEC. 521. STUDY OF DEBT FORGIVENESS FOR sion activities,
as the agency may require. Such payments may SECTION 202 LOANS. “(3) a description of the resources that are ex
be made only for covering costs of rental of the (a) IN GENERAL.-The Secretary of Housing pected to be made available, if any, in conjunc dwelling unit in the assisted living facility and and Urban Development shall conduct an anal tion with the grant under this section; and
not for covering any portion of the cost of residysis of the net impact on the Federal budget def
"(4) such other information or certifications ing in such facility that is attributable to service icit or surplus of making available, on a one that the Secretary determines to be necessary or relating to assisted living. time basis, to sponsors of projects assisted under appropriate.
“(B) RENT CALCULATION.section 202 of the Housing Act of 1959 (as in ef “(d) FUNDING FOR SERVICES.—The Secretary "(i) CHARGES INCLUDED.--For assistance purfect before the enactment of the Cranston-Gon may not make a grant under this section for suant to this paragraph, the rent of the dwellzalez National Affordable Housing Act), forgive
conversion activities unless the application con ing unit that is an assisted living facility with ness of any indebtedness to the Secretary relat
tains sufficient evidence, in the determination of respect to which assistance payments are made ing to any remaining principal and interest the Secretary, of firm commitments for the fund shall include maintenance and management under loans made under such section, together ing of services to be provided in the assisted liv charges related to the dwelling unit and tenantwith a dollar for dollar reduction in the amount ing facility, which may be provided by third paid utilities. Such rent shall not include any of rental assistance under section 8 of the parties.
charges attributable to services relating to asUnited States Housing Act of 1937 or other rent “(e) SELECTION CRITERIA.—The Secretary
sisted living. al assistance provided for such project. Such
shall select applications for grants under this “(ii) PAYMENT STANDARD.-In determining the analysis shall take into consideration the full section based upon selection criteria, which monthly assistance that may be paid under this cost of future appropriations for rental assist
shall be established by the Secretary and shall paragraph on behalf of any family residing in ance under such section 8 expected to be pro include
an assisted living facility, the public housing vided if such debt forgiveness does not take
“(1) in the case of a grant for substantial cap agency shall utilize the payment standard esplace, notwithstanding current budgetary treat ital repairs, the extent to which the project to be tablished under paragraph (1), for the market ment of such actions pursuant to the Congres
repaired is in need of such repair, including area in which the assisted living facility is losional Budget Act of 1974.
such factors as the age of improvements to be re cated, for the applicable size dwelling unit. (6) REPORT.-Not later than the expiration of paired, and the impact on the health and safety “(iii) MONTHLY ASSISTANCE PAYMENT.-The the 3-month period beginning on the date of the of residents of failure to make such repairs; monthly assistance payment for a family asenactment of this Act, the Secretary of Housing “(2) in the case of a grant for conversion ac sisted under this paragraph shall be determined and Urban Development shall submit a report to tivities, the extent to which the conversion is in accordance with paragraph (2) (using the the Congress containing the quantitative results
likely to provide assisted living facilities that rent and payment standard for the dwelling of the analysis and an enumeration of any are needed or are expected to be needed by the unit as determined in accordance with this subproject or administrative benefits of such ac categories of elderly persons that the assisted section). tions.
living facility is intended to serve, with a special “'(C) DEFINITION.—For the purposes of this SEC. 522. GRANTS FOR CONVERSION OF ELDERLY
emphasis on very low-income elderly persons paragraph, the term 'assisted living facility' has HOUSING TO ASSISTED LIVING FA who need assistance with activities of daily liv the meaning given that term in section 232(b) of CILITIES. ing;
the National Housing Act (12 U.S.C. 1715w(b)), Title II of the Housing Act of 1959 is amended "(3) the inability of the applicant to fund the except that such a facility may be contained by inserting after section 2020 (12 U.S.C. 17014 repairs or conversion activities from existing fi within a portion of a larger multifamily housing 1) the following new section:
nancial resources, as evidenced by the appli project.”.
(b) PROJECT-BASED ASSISTANCE.-Section 2026 of the Housing Act of 1959, as added by section 522 of this Act, is amended
(1) by redesignating subsections (f) and (g) as subsections (g) and (h), respectively; and
(2) by inserting after subsection (e) the following new subsection:
" (f) SECTION 8 PROJECT-BASED ASSISTANCE.
"(1) ELIGIBILITY.-Notwithstanding any other provision of law, a multifamily project which includes one or more dwelling units that have been converted to assisted living facilities using grants made under this section shall be eligible for project-based assistance under section 8 of the United States Housing Act of 1937, in the same manner in which the project would be eligible for such assistance but for the assisted living facilities in the project.
“(2) CALCULATION OF RENT.–For assistance pursuant to this subsection, the maximum monthly rent of a dwelling unit that is an assisted living facility with respect to which assistance payments are made shall not include charges attributable to services relating to assisted living.". SEC. 524. SIZE LIMITATION FOR PROJECTS FOR
PERSONS WITH DISABILITIES. (a) LIMITATION.-Section 811 of the CranstonGonzalez 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 (1), 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.”.
(6) 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 8 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 HOUS
ING 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 provided under existing public programs, and identifies possible actions or initiatives that may assist in providing affordable housing and assisted living and health care facilities to meet such expected needs:
(4) identifies and analyzes methods of encouraging increased private sector participation, investment, and capital formation in affordable housing and assisted living and health care facilities for seniors through partnerships between public and private entities and other creative strategies;
(5) analyzes the costs and benefits of comprehensive aging-in-place strategies, taking into consideration physical and mental well-being and the importance of coordination between shelter and supportive services;
(6) identifies and analyzes methods of promoting a more comprehensive approach to dealing with housing and supportive service issues involved in aging and the multiple governmental agencies involved in such issues, including the Department of Housing and Urban Development and the Department of Health and Human Services, and
(7) examines how to establish intergenerational learning and care centers and living arrangements, in particular to facilitate appropriate environments for families consisting only of children and a grandparent or grandparents who are the head of the household.
(1) NUMBER AND APPOINTMENT.—The Commission shall be composed of 14 members, appointed not later than January 1, 2000, as follows:
(A) Two co-chairpersons, of whom
(i) one co-chairperson shall be appointed by a committee consisting of the chairman of the Subcommittee on Housing and Community Opportunities of the House of Representatives and the chairman of the Subcommittee on Housing and Transportation of the Senate, and the chairmen of the Subcommittees on the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies of the Committees on Appropriations of the House of Representatives and the Senate; and
(ii) one co-chairperson shall be appointed by a committee consisting of the ranking minority member of the Subcommittee on Housing and Community Opportunities of the House of Representatives and the ranking minority member of the Subcommittee on Housing and Transportation of the Senate, and the ranking minority members of the Subcommittees on the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies of the Committees on Appropriations of the House of Representatives and the Senate.
(B) Six members appointed by the Chairman and Ranking Minority Member of the Committee on Banking and Financial Services of the House of Representatives and the Chairman and Ranking Minority Member of the Committee on Appropriations of the House of Representatives.
(C) Six members appointed by the Chairman and Ranking Minority Member of the Committee on Banking, Housing, and Urban Affairs of the Senate and the Chairman and Ranking Minority Member of the Committee on Appropriations of the Senate.
(2) QUALIFICATIONS.-Appointees should have proven expertise in directing, assembling, or applying capital resources from a variety of sources to the successful development of affordable housing, assisted living facilities, or health care facilities.
(3) VACANCIES.-Any vacancy on the Commission shall not affect its powers and shall be filled in the manner in which the original appointment was made.
(4) CHAIRPERSONS.-The members appointed pursuant to paragraph (1)(A) shall serve as cochairpersons 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.
(1) HEARINGS AND SESSIONS.—The Commission may, for the purpose of carrying out this section, hold hearings, sit and act at times and places, take testimony, and receive evidence as the Commission considers appropriate.
(2) POWERS OF MEMBERS AND AGENTS.-Any member or agent of the Commission may, if authorized by the Commission, take any action which the Commission is authorized to take by this section.
(3) OBTAINING OFFICIAL DATA.—The Commission may secure directly from any department or agency of the United States information necessary to enable it to carry out this Act. Upon request of the Chairpersons of the Commission, the head of that department or agency shall furnish that information to the Commission.
(4) GIFTS, BEQUESTS, AND DEVISES.—The Commission may accept, use, and dispose of gifts, bequests, or devises of services or property, both real and personal, for the purpose of aiding or facilitating the work of the Commission. Gifts, bequests, or devises of money and proceeds from sales of other property received as gifts, bequests, or devises shall be deposited in the Treasury and shall be available for disbursement upon order of the Commission.
(5) MAILS.—The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States.
(6) ADMINISTRATIVE SUPPORT SERVICES.—Upon the request of the Commission, the Administrator of General Services shall provide to the Commission, on a reimbursable basis, the administrative support services necessary for the Commission to carry out its responsibilities under this section.
(7) CONTRACT AUTHORITY.—The Commission may contract with and compensate government and private agencies or persons for services, without regard to section 3709 of the Revised Statutes (41 U.S.C. 5).
(f) REPORT.-The Commission shall submit to the Committees on Banking and Financial Services and Appropriations of the House of Representatives and the Committees on Banking, Housing, and Urban Affairs and Appropriations