2000
[DOCID: f:h2620pp.txt]
107th CONGRESS
1st Session
H. R. 2620
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
August 2, 2001
Ordered to be printed with the amendment of the Senate
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
AN ACT
Making appropriations for the Departments of Veterans Affairs and
Housing and Urban Development, and for sundry independent agencies,
boards, commissions, corporations, and offices for the fiscal year
ending September 30, 2002, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <DELETED>That the
following sums are appropriated, out of any money in the Treasury not
otherwise appropriated, for the Departments of Veteran Affairs and
Housing and Urban Development, and for sundry independent agencies,
boards, commissions, corporations, and offices for the fiscal year
ending September 30, 2002, and for other purposes, namely:
<DELETED>TITLE I--DEPARTMENT OF VETERANS AFFAIRS</DELETED>
<DELETED>Veterans Benefits Administration</DELETED>
<DELETED>compensation and pensions</DELETED>
<DELETED>(including transfers of funds)</DELETED>
<DELETED> For the payment of compensation benefits to or on behalf
of veterans and a pilot program for disability examinations as
authorized by law (38 U.S.C. 107, chapters 11, 13, 18, 51, 53, 55, and
61); pension benefits to or on behalf of veterans as authorized by law
(38 U.S.C. chapters 15, 51, 53, 55, and 61; 92 Stat. 2508); and burial
benefits, emergency and other officers' retirement pay, adjusted-
service credits and certificates, payment of premiums due on commercial
life insurance policies guaranteed under the provisions of article IV
of the Soldiers' and Sailors' Civil Relief Act of 1940 (50 U.S.C. App.
540 et seq.) and for other benefits as authorized by law (38 U.S.C.
107, 1312, 1977, and 2106, chapters 23, 51, 53, 55, and 61; 50 U.S.C.
App. 540-548; 43 Stat. 122, 123; 45 Stat. 735; 76 Stat. 1198),
$24,944,288,000, to remain available until expended: Provided, That not
to exceed $17,940,000 of the amount appropriated under this heading
shall be reimbursed to ``General operating expenses'' and ``Medical
care'' for necessary expenses in implementing those provisions
authorized in the Omnibus Budget Reconciliation Act of 1990, and in the
Veterans' Benefits Act of 1992 (38 U.S.C. chapters 51, 53, and 55), the
funding source for which is specifically provided as the ``Compensation
and pensions'' appropriation: Provided further, That such sums as may
be earned on an actual qualifying patient basis, shall be reimbursed to
``Medical facilities revolving fund'' to augment the funding of
individual medical facilities for nursing home care provided to
pensioners as authorized.</DELETED>
<DELETED>readjustment benefits</DELETED>
<DELETED> 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, 35, 36, 39, 51, 53, 55, and 61),
$2,135,000,000, to remain available until expended: Provided, That
expenses for rehabilitation program services and assistance which the
Secretary is authorized to provide under section 3104(a) of title 38,
United States Code, other than under subsection (a)(1), (2), (5) and
(11) of that section, shall be charged to this account.</DELETED>
<DELETED>veterans insurance and indemnities</DELETED>
<DELETED> For military and naval insurance, national service life
insurance, servicemen's indemnities, service-disabled veterans
insurance, and veterans mortgage life insurance as authorized by 38
U.S.C. chapter 19; 70 Stat. 887; 72 Stat. 487, $26,200,000, to remain
available until expended.</DELETED>
<DELETED>veterans housing benefit program fund program
account</DELETED>
<DELETED>(including transfer of funds)</DELETED>
<DELETED> For the cost of direct and guaranteed loans, such sums as
may be necessary to carry out the program, as authorized by 38 U.S.C.
chapter 37, as amended: Provided, That such costs, including the cost
of modifying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974, as amended: Provided further, That
during fiscal year 2002, within the resources available, not to exceed
$300,000 in gross obligations for direct loans are authorized for
specially adapted housing loans.</DELETED>
<DELETED> In addition, for administrative expenses to carry out the
direct and guaranteed loan programs, $164,497,000, which may be
transferred to and merged with the appropriation for ``General
operating expenses''.</DELETED>
<DELETED>education loan fund program account</DELETED>
<DELETED>(including transfer of funds)</DELETED>
<DELETED> For the cost of direct loans, $1,000, as authorized by 38
U.S.C. 3698, as amended: Provided, That such costs, including the cost
of modifying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974, as amended: Provided further, That
these funds are available to subsidize gross obligations for the
principal amount of direct loans not to exceed $3,400.</DELETED>
<DELETED> In addition, for administrative expenses necessary to
carry out the direct loan program, $64,000, which may be transferred to
and merged with the appropriation for ``General operating
expenses''.</DELETED>
<DELETED>vocational rehabilitation loans program account</DELETED>
<DELETED>(including transfer of funds)</DELETED>
<DELETED> For the cost of direct loans, $72,000, as authorized by 38
U.S.C. chapter 31, as amended: Provided, That such costs, including the
cost of modifying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974, as amended: Provided further, That
funds made available under this heading are available to subsidize
gross obligations for the principal amount of direct loans not to
exceed $3,301,000.</DELETED>
<DELETED> In addition, for administrative expenses necessary to
carry out the direct loan program, $274,000, which may be transferred
to and merged with the appropriation for ``General operating
expenses''.</DELETED>
<DELETED>native american veteran housing loan program account</DELETED>
<DELETED>(including transfer of funds)</DELETED>
<DELETED> For administrative expenses to carry out the direct loan
program authorized by 38 U.S.C. chapter 37, subchapter V, as amended,
$544,000, which may be transferred to and merged with the appropriation
for ``General operating expenses''.</DELETED>
<DELETED>guaranteed transitional housing loans for homeless veterans
program account</DELETED>
<DELETED> For the administrative expenses to carry out the
guaranteed transitional housing loan program authorized by 38 U.S.C.
chapter 37, subchapter VI, not to exceed $750,000 of the amounts
appropriated by this Act for ``General operating expenses'' and
``Medical care'' may be expended.</DELETED>
<DELETED>Veterans Health Administration</DELETED>
<DELETED>medical care</DELETED>
<DELETED> 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
tre
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atment to beneficiaries of the Department of Veterans Affairs,
including care and treatment in facilities not under the jurisdiction
of the department; and furnishing recreational facilities, supplies,
and equipment; funeral, burial, and other expenses incidental thereto
for beneficiaries receiving care in the department; administrative
expenses in support of planning, design, project management, real
property acquisition and disposition, construction and renovation of
any facility under the jurisdiction or for the use of the department;
oversight, engineering and architectural activities not charged to
project cost; repairing, altering, improving or providing facilities in
the several hospitals and homes under the jurisdiction of the
department, not otherwise provided for, either by contract or by the
hire of temporary employees and purchase of materials; uniforms or
allowances therefor, as authorized by 5 U.S.C. 5901-5902; aid to State
homes as authorized by 38 U.S.C. 1741; administrative and legal
expenses of the department for collecting and recovering amounts owed
the department as authorized under 38 U.S.C. chapter 17, and the
Federal Medical Care Recovery Act, 42 U.S.C. 2651 et seq.,
$21,281,587,000 (increased by $1,000,000), plus reimbursements:
Provided, That of the funds made available under this heading,
$900,000,000 is for the equipment and land and structures object
classifications only, which amount shall not become available for
obligation until August 1, 2002, and shall remain available until
September 30, 2003: Provided further, That of the funds made available
under this heading, not to exceed $500,000,000 shall be available until
September 30, 2003: Provided further, That of the funds made available
under this heading, not to exceed $3,000,000,000 shall be available for
operations and maintenance expenses of medical facilities: Provided
further, That the Secretary of Veterans Affairs shall conduct by
contract a program of recovery audits for the fee basis and other
medical services contracts with respect to payments for hospital care;
and, notwithstanding 31 U.S.C. 3302(b), amounts collected, by setoff or
otherwise, as the result of such audits shall be available, without
fiscal year limitation, for the purposes for which funds are
appropriated under this heading and the purposes of paying a contractor
a percent of the amount collected as a result of an audit carried out
by the contractor: Provided further, That all amounts so collected
under the preceding proviso with respect to a designated health care
region (as that term is defined in 38 U.S.C. 1729A(d)(2)) shall be
allocated, net of payments to the contractor, to that region.</DELETED>
<DELETED>medical care collections fund</DELETED>
<DELETED>(including transfer of funds)</DELETED>
<DELETED> Amounts deposited during the current fiscal year in the
Department of Veterans Affairs Medical Care Collections Fund under
section 1729A of title 38, United States Code, shall be transferred to
``Medical care'', to remain available until expended.</DELETED>
<DELETED>medical and prosthetic research</DELETED>
<DELETED> For necessary expenses in carrying out programs of medical
and prosthetic research and development as authorized by 38 U.S.C.
chapter 73, to remain available for obligation until September 30,
2003, $371,000,000, plus reimbursements.</DELETED>
<DELETED>medical administration and miscellaneous operating
expenses</DELETED>
<DELETED> For necessary expenses in the administration of the
medical, hospital, nursing home, domiciliary, construction, supply, and
research activities, as authorized by law; administrative expenses in
support of capital policy activities, $66,731,000, plus reimbursements:
Provided, That technical and consulting services offered by the
Facilities Management Field Service, including project management and
real property administration (including leases, site acquisition and
disposal activities directly supporting projects), shall be provided to
Department of Veterans Affairs components only on a reimbursable
basis.</DELETED>
<DELETED>Departmental Administration</DELETED>
<DELETED>general operating expenses</DELETED>
<DELETED> For necessary operating expenses of the Department of
Veterans Affairs, not otherwise provided for, including administrative
expenses in support of Department-wide capital planning, management and
policy activities, uniforms or allowances therefor; not to exceed
$25,000 for official reception and representation expenses; hire of
passenger motor vehicles; and reimbursement of the General Services
Administration for security guard services, and the Department of
Defense for the cost of overseas employee mail, $1,195,728,000:
Provided, That expenses for services and assistance authorized under 38
U.S.C. 3104(a)(1), (2), (5), and (11) that the Secretary determines are
necessary to enable entitled veterans: (1) to the maximum extent
feasible, to become employable and to obtain and maintain suitable
employment; or (2) to achieve maximum independence in daily living,
shall be charged to this account: Provided further, That of the funds
made available under this heading, not to exceed $60,000,000 shall be
available for obligation until September 30, 2003: Provided further,
That from the funds made available under this heading, the Veterans
Benefits Administration may purchase up to four passenger motor
vehicles for use in operations of that Administration in Manila,
Philippines: Provided further, That travel expenses for this account
shall not exceed $15,665,000.</DELETED>
<DELETED>national cemetery administration</DELETED>
<DELETED> For necessary expenses of the National Cemetery
Administration for operations and maintenance, not otherwise provided
for, including uniforms or allowances therefor; cemeterial expenses as
authorized by law; purchase of one passenger motor vehicle for use in
cemeterial operations; and hire of passenger motor vehicles,
$121,169,000.</DELETED>
<DELETED>office of inspector general</DELETED>
<DELETED> For necessary expenses of the Office of Inspector General
in carrying out the Inspector General Act of 1978, as amended,
$52,308,000.</DELETED>
<DELETED>construction, major projects</DELETED>
<DELETED> For constructing, altering, extending and improving any of
the facilities under the jurisdiction or for the use of the Department
of Veterans Affairs, or for any of the purposes set forth in sections
316, 2404, 2406, 8102, 8103, 8106, 8108, 8109, 8110, and 8122 of title
38, United States Code, including planning, architectural and
engineering services, maintenance or guarantee period services costs
associated with equipment guarantees provided under the project,
services of claims analysts, offsite utility and storm drainage system
construction costs, and site acquisition, where the estimated cost of a
project is $4,000,000 or more or where funds for a project were made
available in a previous major project appropriation, $183,180,000, to
remain available until expended, of which not to exceed $20,000,000
shall be for costs associated with land acquisitions for national
cemeteries in the vicinity of Sacramento, California; Pittsburgh,
Pennsylvania; and Detroit, Michigan: Provided, That except for advance
planning activities, including needs assessments which may or may not
lead to capital investments, and other capital asset management related
activities, such as portfolio development and management activities,
and investment strategy studies funded through the advance planning
fund and the planning and design activities funded through the design
fund and CARES funds, including needs assessments which may or may not
lead to capital investments, none of the fun
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ds appropriated under this
heading shall be used for any project which has not been approved by
the Congress in the budgetary process: Provided further, That funds
provided in this appropriation for fiscal year 2002, for each approved
project shall be obligated: (1) by the awarding of a construction
documents contract by September 30, 2002; and (2) by the awarding of a
construction contract by September 30, 2003: Provided further, That the
Secretary of Veterans Affairs shall promptly report in writing to the
Committees on Appropriations any approved major construction project
for which obligations are not incurred within the time limitations
established under the preceding proviso: Provided further, That no
funds from any other account except the ``Parking revolving fund'', may
be obligated for constructing, altering, extending, or improving a
project which was approved in the budget process and funded in this
account until 1 year after substantial completion and beneficial
occupancy by the Department of Veterans Affairs of the project or any
part thereof with respect to that part only.</DELETED>
<DELETED>facility rehabilitation fund</DELETED>
<DELETED> For altering, improving, or rehabilitating facilities
under the jurisdiction of the Department of Veterans Affairs,
$300,000,000 to remain available until expended: Provided, That of the
funds made available under this heading $30,000,000 shall be only for
projects authorized pursuant to section 2(b)(5) of H.R. 811 as passed
by the House of Representatives on March 27, 2001; and $270,000,000
shall be only for projects achieving the purposes authorized in
sections 2(c)(1), (2), and (3) of H.R. 811 as passed by the House of
Representatives on March 27, 2001: Provided further, That none of the
funds under this heading may be used for the construction of a new
building unless a credible assessment, approved by the Secretary,
demonstrates new construction would be more cost-effective than
rehabilitating the existing building.</DELETED>
<DELETED>construction, minor projects</DELETED>
<DELETED> For constructing, altering, extending, and improving any
of the facilities under the jurisdiction or for the use of the
Department of Veterans Affairs, including planning and assessments of
needs which may lead to capital investments, architectural and
engineering services, maintenance or guarantee period services costs
associated with equipment guarantees provided under the project,
services of claims analysts, offsite utility and storm drainage system
construction costs, and site acquisition, or for any of the purposes
set forth in sections 316, 2404, 2406, 8102, 8103, 8106, 8108, 8109,
8110, 8122, and 8162 of title 38, United States Code, where the
estimated cost of a project is less than $4,000,000, $178,900,000, to
remain available until expended, along with unobligated balances of
previous ``Construction, minor projects'' appropriations which are
hereby made available for any project where the estimated cost is less
than $4,000,000, of which $25,000,000 shall be for Capital Asset
Realignment for Enhanced Services (CARES) activities: Provided, That
from amounts appropriated under this heading, additional amounts may be
used for CARES activities upon notification of and approval by the
Committees on Appropriations: Provided further, That funds in this
account shall be available for: (1) repairs to any of the nonmedical
facilities under the jurisdiction or for the use of the department
which are necessary because of loss or damage caused by any natural
disaster or catastrophe; and (2) temporary measures necessary to
prevent or to minimize further loss by such causes.</DELETED>
<DELETED>parking revolving fund</DELETED>
<DELETED> For the parking revolving fund as authorized by 38 U.S.C.
8109, income from fees collected and $4,000,000 from the General Fund,
both to remain available until expended, which shall be available for
all authorized expenses except operations and maintenance costs, which
will be funded from ``Medical care''.</DELETED>
<DELETED>grants for construction of state extended care
facilities</DELETED>
<DELETED> For grants to assist States to acquire or construct State
nursing home and domiciliary facilities and to remodel, modify or alter
existing hospital, nursing home and domiciliary facilities in State
homes, for furnishing care to veterans as authorized by 38 U.S.C. 8131-
8137, $100,000,000, to remain available until expended.</DELETED>
<DELETED>grants for construction of state veterans cemeteries</DELETED>
<DELETED> For grants to aid States in establishing, expanding, or
improving State veterans cemeteries as authorized by 38 U.S.C. 2408,
$25,000,000, to remain available until expended.</DELETED>
<DELETED>Administrative Provisions</DELETED>
<DELETED>(including transfer of funds)</DELETED>
<DELETED> Sec. 101. Any appropriation for fiscal year 2002 for
``Compensation and pensions'', ``Readjustment benefits'', and
``Veterans insurance and indemnities'' may be transferred to any other
of the mentioned appropriations.</DELETED>
<DELETED> Sec. 102. Appropriations available to the Department of
Veterans Affairs for fiscal year 2002 for salaries and expenses shall
be available for services authorized by 5 U.S.C. 3109.</DELETED>
<DELETED> Sec. 103. No appropriations in this Act for the Department
of Veterans Affairs (except the appropriations for ``Construction,
major projects'', ``Construction, minor projects'', and the ``Parking
revolving fund'') shall be available for the purchase of any site for
or toward the construction of any new hospital or home.</DELETED>
<DELETED> Sec. 104. No appropriations in this Act for the Department
of Veterans Affairs shall be available for hospitalization or
examination of any persons (except beneficiaries entitled under the
laws bestowing such benefits to veterans, and persons receiving such
treatment under 5 U.S.C. 7901-7904 or 42 U.S.C. 5141-5204), unless
reimbursement of cost is made to the ``Medical care'' account at such
rates as may be fixed by the Secretary of Veterans Affairs.</DELETED>
<DELETED> Sec. 105. Appropriations available to the Department of
Veterans Affairs for fiscal year 2002 for ``Compensation and
pensions'', ``Readjustment benefits'', and ``Veterans insurance and
indemnities'' shall be available for payment of prior year accrued
obligations required to be recorded by law against the corresponding
prior year accounts within the last quarter of fiscal year
2001.</DELETED>
<DELETED> Sec. 106. Appropriations accounts available to the
Department of Veterans Affairs for fiscal year 2002 shall be available
to pay prior year obligations of corresponding prior year
appropriations accounts resulting from title X of the Competitive
Equality Banking Act, Public Law 100-86, except that if such
obligations are from trust fund accounts they shall be payable from
``Compensation and pensions''.</DELETED>
<DELETED> Sec. 107. Notwithstanding any other provision of law,
during fiscal year 2002, the Secretary of Veterans Affairs shall, from
the National Service Life Insurance Fund (38 U.S.C. 1920), the
Veterans' Special Life Insurance Fund (38 U.S.C. 1923), and the United
States Government Life Insurance Fund (38 U.S.C. 1955), reimburse the
``General operating expenses'' account for the cost of administration
of the insurance programs financed through those accounts: Provided,
That reimbursement shall be made only from the surplus earnings
accumulated in an insurance program in fiscal year 2002, that are
available for dividends in that program after claims have been paid and
actuarially determined reserves have been set aside: Provided further,
That if the cost of administration of an ins
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urance program exceeds the
amount of surplus earnings accumulated in that program, reimbursement
shall be made only to the extent of such surplus earnings: Provided
further, That the Secretary shall determine the cost of administration
for fiscal year 2002, which is properly allocable to the provision of
each insurance program and to the provision of any total disability
income insurance included in such insurance program.</DELETED>
<DELETED> Sec. 108. (a)(1) Section 1729B of title 38, United States
Code, is repealed. Any balance as of the date of the enactment of this
Act in the Department of Veterans Affairs Health Services Improvement
Fund established under such section shall be transferred to the
Department of Veterans Affairs Medical Care Collections Fund
established under section 1729A of title 38, United States
Code.</DELETED>
<DELETED> (2) The table of sections at the beginning of chapter 17
of such title is amended by striking the item relating to section
1729B.</DELETED>
<DELETED> (b) Section 1729A(b) of such title is amended--</DELETED>
<DELETED> (1) by redesignating paragraph (7) as paragraph
(9); and</DELETED>
<DELETED> (2) by inserting after paragraph (6) the following
new paragraphs:</DELETED>
<DELETED> ``(7) Section 8165(a) of this title.</DELETED>
<DELETED> ``(8) Section 113 of the Veterans Millennium
Health Care and Benefits Act (Public Law 106-117; 38 U.S.C.
8111 note).''.</DELETED>
<DELETED> (c)(1) Section 1722A(c) of such title is amended--
</DELETED>
<DELETED> (A) in the first sentence, by striking ``under
subsection (a)'' and inserting ``under this section'';
and</DELETED>
<DELETED> (B) by striking the second sentence.</DELETED>
<DELETED> (2) Section 8165(a)(1) of such title is amended by
striking ``Department of Veterans Affairs Health Services Improvement
Fund established under section 1729B of this title'' and inserting
``Department of Veterans Affairs Medical Care Collections Fund
established under section 1729A of this title''.</DELETED>
<DELETED> (3) Section 113(b) of the Veterans Millennium Health Care
and Benefits Act (Public Law 106-117; 38 U.S.C. 8111 note) is amended
by striking ``Department of Veterans Affairs Health Services
Improvement Fund established under section 1729B of title 38, United
States Code, as added by section 202'' and inserting ``Department of
Veterans Affairs Medical Care Collections Fund established under
section 1729A of title 38, United States Code''.</DELETED>
<DELETED> Sec. 109. Notwithstanding any other provision of law, the
Department of Veterans Affairs shall continue the Franchise Fund pilot
program authorized to be established by section 403 of Public Law 103-
356 until October 1, 2002: Provided, That the Franchise Fund,
established by title I of Public Law 104-204 to finance the operations
of the Franchise Fund pilot program, shall continue until October 1,
2002.</DELETED>
<DELETED> Sec. 110. Amounts deducted from enhanced-use lease
proceeds to reimburse an account for expenses incurred by that account
during a prior fiscal year for providing enhanced-use lease services,
may be obligated during the fiscal year in which the proceeds are
received.</DELETED>
<DELETED> Sec. 111. Funds available in any Department of Veterans
Affairs appropriation for fiscal year 2002 or funds for salaries and
other administrative expenses shall also be available to reimburse the
Office of Resolution Management and the Office of Employment
Discrimination Complaint Adjudication for all services provided at
rates which will recover actual costs but not exceed $28,555,000 for
the Office of Resolution Management and $2,383,000 for the Office of
Employment and Discrimination Complaint Adjudication: Provided, That
payments may be made in advance for services to be furnished based on
estimated costs: Provided further, that amounts received shall be
credited to ``General operating expenses'' for use by the office that
provided the service.</DELETED>
<DELETED>TITLE II--DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT</DELETED>
<DELETED>Public and Indian Housing</DELETED>
<DELETED>housing certificate fund</DELETED>
<DELETED>(including transfer and rescission of funds)</DELETED>
<DELETED> For activities and assistance to prevent the involuntary
displacement of low-income families, the elderly and the disabled
because of the loss of affordable housing stock, expiration of subsidy
contracts (other than contracts for which amounts are provided under
another heading in this Act) or expiration of use restrictions, or
other changes in housing assistance arrangements, and for other
purposes, $16,334,242,000, of which $640,000,000 shall be from
unobligated balances from amounts recaptured from fiscal year 2000 and
prior years pursuant to a reduction in the amounts provided for Annual
Contributions Contract Reserve Accounts, and amounts that are
recaptured in this account to remain available until expended:
Provided, That not later than October 1, 2001, the Department of
Housing and Urban Development shall reduce from 60 days to 30 days the
amount of reserve funds made available to public housing authorities:
Provided further, That of the total amount provided under this heading,
$16,125,241,000, of which $11,285,241,000 and the aforementioned
recaptures shall be available on October 1, 2001 and $4,200,000,000
shall be available on October 1, 2002, shall be for assistance under
the United States Housing Act of 1937, as amended (``the Act'' herein)
(42 U.S.C. 1437): Provided further, That the foregoing amounts shall be
for use in connection with expiring or terminating section 8 subsidy
contracts, for amendments to section 8 subsidy contracts, for enhanced
vouchers (including amendments and renewals) under any provision of law
authorizing such assistance under section 8(t) of the Act (47 U.S.C.
1437f(t)), contract administrators, and contracts entered into pursuant
to section 441 of the McKinney-Vento Homeless Assistance Act: Provided
further, That amounts available under the first proviso under this
heading shall be available for section 8 rental assistance under the
Act: (1) for the relocation and replacement of housing units that are
demolished or disposed of pursuant to the Omnibus Consolidated
Rescissions and Appropriations Act of 1996 (Public Law 104-134; Stat.
1321-269); (2) for the conversion of section 23 projects to assistance
under section 8; (3) for funds to carry out the family unification
program; (4) for the relocation of witnesses in connection with efforts
to combat crime in public and assisted housing pursuant to a request
from a law enforcement or prosecution agency; (5) for tenant protection
assistance, including replacement and relocation assistance; and (6)
for the 1-year renewal of section 8 contracts for units in a project
that is subject to an approved plan of action under the Emergency Low
Income Housing Preservation Act of 1987 or the Low-Income Housing
Preservation and Resident Homeownership Act of 1990: Provided further,
That of the total amount provided under this heading, no less than
$11,000,000 shall be transferred to the Working Capital Fund for the
development and maintenance of information technology systems: Provided
further, That of the total amount provided under this heading, up to
$197,246,000 shall be made available for incremental vouchers under
section 8 of the Act, of which $157,334,000 shall be made available on
a fair share basis to those public housing agencies that have a 97
percent occupancy rate; and of which $39,912,000 shall be made
available to nonelderly disabled families affected by the designation
of a public housing d
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evelopment under section 7 of the Act, the
establishment of preferences in accordance with section 651 of the
Housing and Community Development Act of 1992 (42 U.S.C. 13611), or the
restriction of occupancy to elderly families in accordance with section
658 of such Act (42 U.S.C. 13618), and to the extent the Secretary
determines that such amount is not needed to fund applications for such
affected families, to other nonelderly disabled families: Provided
further, That up to $195,600,730 from amounts available under this
heading may be made available for administrative fees and other
expenses to cover the cost of administering rental assistance programs
under section 8 of the Act: Provided further, That the fee otherwise
authorized under section 8(q) of such Act shall be determined in
accordance with section 8(q), as in effect immediately before the
enactment of the Quality Housing and Work Responsibility Act of 1998:
Provided further, That $886,000,000 is rescinded from unobligated
balances remaining from funds appropriated to the Department of Housing
and Urban Development under this heading or the heading ``Annual
contributions for assisted housing'' or any other heading for fiscal
year 2001 and prior years: Provided further, That any such balances
governed by reallocation provisions under the statute authorizing the
program for which the funds were originally appropriated shall not be
available for this rescission: Provided further, That the Secretary
shall have until September 30, 2002, to meet the rescission in the
proviso preceding the immediately preceding proviso: Provided further,
That any obligated balances of contract authority that have been
terminated shall be canceled.</DELETED>
<DELETED>public housing capital fund</DELETED>
<DELETED>(including transfer of funds)</DELETED>
<DELETED> For the Public Housing Capital Fund Program to carry out
capital and management activities for public housing agencies, as
authorized under section 9 of the United States Housing Act of 1937, as
amended (42 U.S.C. 1437g), $2,555,000,000, to remain available until
September 30, 2003: Provided, That, hereafter, notwithstanding any
other provision of law or any failure of the Secretary of Housing and
Urban Development to issue regulations to carry out section 9(j) of the
United States Housing Act of 1937 (42 U.S.C. 1437g(j)), such section is
deemed to have taken effect on October 1, 1998, and, except as
otherwise provided in this heading, shall apply to all assistance made
available under this same heading on or after such date: Provided
further, That of the total amount provided under this heading, in
addition to amounts otherwise allocated under this heading,
$262,000,000 shall be allocated for such capital and management
activities only among public housing agencies that have obligated all
assistance for the agency for fiscal years 1998 and 1999 made available
under this same heading in accordance with the requirements under
paragraphs (1) and (2) of section 9(j) of such Act (except that the
provisions of section 9(j)(4) shall not apply to such amounts):
Provided further, That notwithstanding any other provision of law or
regulation, the Secretary may not delegate to any Department official
other than the Deputy Secretary any authority under paragraph (2) of
such section 9(j) regarding the extension of the time periods under
such section for obligation of amounts made available for fiscal year
1998, 1999, 2000, 2001, or 2002: Provided further, That notwithstanding
the first proviso and paragraphs (3) and (5)(B) of such section 9(j),
if at any time before the effectiveness of final regulations issued by
the Secretary under section 6(j) of the United States Housing Act of
1937 (42 U.S.C. 1437d(j)) providing for assessment of public housing
agencies and designation of high-performing agencies, any amounts made
available under the public housing Capital Fund for fiscal year 1999,
2000, 2001, or 2002 remain unobligated in violation of paragraph (1) of
such section 9(j) or unexpended in violation of paragraph (5)(A) of
such section 9(j), the Secretary shall immediately recapture any such
amounts and reallocate such amounts among public housing agencies that,
at the time of such reallocation, are not in violation of any
requirement under paragraph (1) or (5)(A) of such section: Provided
further, That for purposes of this heading, the term ``obligate''
means, with respect to amounts, that the amounts are subject to a
binding agreement that will result in outlays immediately or in the
future: Provided further, That of the total amount provided under this
heading, up to $51,000,000 shall be for carrying out activities under
section 9(h) of such Act, of which up to $10,000,000 shall be for the
provision of remediation services to public housing agencies identified
as ``troubled'' under the Section 8 Management Assessment Program:
Provided further, That of the total amount provided under this heading,
up to $500,000 shall be for lease adjustments to section 23 projects,
and no less than $43,000,000 shall be transferred to the Working
Capital Fund for the development and maintenance of information
technology systems: Provided further, That no funds may be used under
this heading for the purposes specified in section 9(k) of the United
States Housing Act of 1937, as amended: Provided further, That of the
total amount provided under this heading, up to $75,000,000 shall be
available for the Secretary of Housing and Urban Development to make
grants to public housing agencies for emergency capital needs resulting
from emergencies and natural disasters in fiscal year 2002.</DELETED>
<DELETED>public housing operating fund</DELETED>
<DELETED>(including transfer of funds)</DELETED>
<DELETED> For payments to public housing agencies for the operation
and management of public housing, as authorized by section 9(e) of the
United States Housing Act of 1937, as amended (42 U.S.C. 1437g(e)),
$3,494,868,000, to remain available until September 30, 2003: Provided,
That of the total amount provided under this heading, $10,000,000 shall
be provided to the Office of Inspector General for Operation Safe Home:
Provided further, That of the total amount provided under this heading,
$10,000,000 shall be for programs, as determined appropriate by the
Attorney General, which assist in the investigation, prosecution, and
prevention of violent crimes and drug offenses in public and federally-
assisted low-income housing: Provided further, That funds made
available in the previous proviso shall be administered by the
Department of Justice through a reimbursable agreement with the
Department of Housing and Urban Development: Provided further, That no
funds may be used under this heading for the purposes specified in
section 9(k) of the United States Housing Act of 1937, as
amended.</DELETED>
<DELETED>revitalization of severely distressed public housing (hope
vi)</DELETED>
<DELETED> For grants to public housing agencies for demolition, site
revitalization, replacement housing, and tenant-based assistance grants
to projects as authorized by section 24 of the United States Housing
Act of 1937, as amended, $573,735,000 to remain available until
September 30, 2003, of which the Secretary may use up to $5,000,000 for
technical assistance and contract expertise, to be provided directly or
indirectly by grants, contracts or cooperative agreements, including
training and cost of necessary travel for participants in such
training, by or to officials and employees of the department and of
public housing agencies and to residents: Provided, That none of such
funds shall be used directly or indirectly by granting competitive
advantage in awards to settle litigation or pay judgments, unless
expressly permitted herein.</DELETED>
<DELETED>native american housing block grants</DELETE
2000
D>
<DELETED>(including transfers of funds)</DELETED>
<DELETED> For the Native American Housing Block Grants program, as
authorized under title I of the Native American Housing Assistance and
Self-Determination Act of 1996 (NAHASDA) (25 U.S.C. 411 et seq.),
$648,570,000, to remain available until expended, of which $2,200,000
shall be contracted through the Secretary as technical assistance and
capacity building to be used by the National American Indian Housing
Council in support of the implementation of NAHASDA; of which
$5,000,000 shall be to support the inspection of Indian housing units,
contract expertise, and technical assistance in the training,
oversight, and management of Indian housing and tenant-based
assistance, including up to $300,000 for related travel; and of which
no less than $2,000,000 shall be transferred to the Working Capital
Fund for the development and maintenance of information technology
systems: Provided, That of the amount provided under this heading,
$5,987,000 shall be made available for the cost of guaranteed notes and
other obligations, as authorized by title VI of NAHASDA: Provided
further, That such costs, including the costs of modifying such notes
and other obligations, shall be as defined in section 502 of the
Congressional Budget Act of 1974, as amended: Provided further, That
these funds are available to subsidize the total principal amount of
any notes and other obligations, any part of which is to be guaranteed,
not to exceed $52,726,000: Provided further, That for administrative
expenses to carry out the guaranteed loan program, up to $150,000 from
amounts in the first proviso, which shall be transferred to and merged
with the appropriation for ``Salaries and expenses'', to be used only
for the administrative costs of these guarantees.</DELETED>
<DELETED>indian housing loan guarantee fund program account</DELETED>
<DELETED>(including transfer of funds)</DELETED>
<DELETED> For the cost of guaranteed loans, as authorized by section
184 of the Housing and Community Development Act of 1992 (12 U.S.C.
1715z-13a), $5,987,000, to remain available until expended: Provided,
That such costs, including the costs of modifying such loans, shall be
as defined in section 502 of the Congressional Budget Act of 1974, as
amended: Provided further, That these funds are available to subsidize
total loan principal, any part of which is to be guaranteed, not to
exceed $234,283,000.</DELETED>
<DELETED> In addition, for administrative expenses to carry out the
guaranteed loan program, up to $200,000 from amounts in the first
paragraph, which shall be transferred to and merged with the
appropriation for ``Salaries and expenses'', to be used only for the
administrative costs of these guarantees.</DELETED>
<DELETED>Community Planning and Development</DELETED>
<DELETED>housing opportunities for persons with aids</DELETED>
<DELETED> For carrying out the Housing Opportunities for Persons
with AIDS program, as authorized by the AIDS Housing Opportunity Act
(42 U.S.C. 12901), $277,432,000, to remain available until September
30, 2003: Provided, That the Secretary may use up to $2,000,000 of the
funds under this heading for training, oversight, and technical
assistance activities.</DELETED>
<DELETED>community development fund</DELETED>
<DELETED>(including transfers of funds)</DELETED>
<DELETED> For assistance to units of State and local government, and
to other entities, for economic and community development activities,
and for other purposes, $4,801,993,000 (increased by $10,000,000), to
remain available until September 30, 2003: Provided, That of the amount
provided, $4,399,300,000 is for carrying out the community development
block grant program under title I of the Housing and Community
Development Act of 1974, as amended (the ``Act'' herein) (42 U.S.C.
5301): Provided further, That $69,000,000 shall be for grants to Indian
tribes notwithstanding section 106(a)(1) of such Act; $3,300,000 shall
be available as a grant to the Housing Assistance Council; $2,794,000
shall be available as a grant to the National American Indian Housing
Council; $5,000,000 shall be available as a grant to the National
Housing Development Corporation, for operating expenses not to exceed
$2,000,000 and for a program of affordable housing acquisition and
rehabilitation; $5,000,000 shall be available as a grant to the
National Council of La Raza for the HOPE Fund, of which $500,000 is for
technical assistance and fund management, and $4,500,000 is for
investments in the HOPE Fund and financing to affiliated organizations;
and $34,424,000 shall be for grants pursuant to section 107 of the Act:
Provided further, That no less than $15,000,000 shall be transferred to
the Working Capital Fund for the development and maintenance of
information technology systems: Provided further, That $21,956,000
shall be for grants pursuant to the Self Help Housing Opportunity
Program: Provided further, That not to exceed 20 percent of any grant
made with funds appropriated under this heading (other than a grant
made available in this paragraph to the Housing Assistance Council or
the National American Indian Housing Council, or a grant using funds
under section 107(b)(3) of the Act) shall be expended for ``Planning
and Management Development'' and ``Administration'' as defined in
regulations promulgated by the Department.</DELETED>
<DELETED> Of the amount made available under this heading,
$29,387,000 shall be made available for capacity building, of which
$24,945,000 shall be made available for ``Capacity Building for
Community Development and Affordable Housing'' for LISC and the
Enterprise Foundation for activities as authorized by section 4 of the
HUD Demonstration Act of 1993 (42 U.S.C. 9816 note), as in effect
immediately before June 12, 1997, with not less than $4,989,000 of the
funding to be used in rural areas, including tribal areas, and of which
$4,442,000 shall be for capacity building activities administered by
Habitat for Humanity International.</DELETED>
<DELETED> Of the amount made available under this heading, the
Secretary of Housing and Urban Development may use up to $54,879,000
for supportive services for public housing residents, as authorized by
section 34 of the United States Housing Act of 1937, as amended, and
for residents of housing assisted under the Native American Housing
Assistance and Self-Determination Act of 1996 (NAHASDA) and for grants
for service coordinators and congregate services for the elderly and
disabled residents of public and assisted housing and housing assisted
under NAHASDA.</DELETED>
<DELETED> Of the amount made available under this heading,
$25,000,000 shall be available for neighborhood initiatives that are
utilized to improve the conditions of distressed and blighted areas and
neighborhoods, to stimulate investment, economic diversification, and
community revitalization in areas with population outmigration or a
stagnating or declining economic base, or to determine whether housing
benefits can be integrated more effectively with welfare reform
initiatives: Provided, that any unobligated balances of amounts set
aside for neighborhood initiatives in fiscal years 1998, 1999, 2000,
and 2001 may be utilized for any of the foregoing purposes.</DELETED>
<DELETED> Of the amount made available under this heading,
notwithstanding any other provision of law, $59,868,000 (increased by
$10,000,000) shall be available for YouthBuild program activities
authorized by subtitle D of title IV of the Cranston-Gonzalez National
Affordable Housing Act, as amended, and such activities shall be an
eligible activity with respect to any funds made available under this
heading: Provided, That local YouthBuild programs that demonstrate an
ability to leverag
2000
e private and nonprofit funding shall be given a
priority for YouthBuild funding: Provided further, That no more than 10
percent of any grant award may be used for administrative costs:
Provided further, That of the amount provided under this paragraph,
$2,000,000 shall be set aside and made available for a grant to
YouthBuild USA for capacity building for community development and
affordable housing activities as specified in section 4 of the HUD
Demonstration Act of 1993, as amended.</DELETED>
<DELETED> Of the amount made available under this heading,
$77,000,000 shall be available for grants for the Economic Development
Initiative (EDI) to finance a variety of economic development
efforts.</DELETED>
<DELETED>community development loan guarantees program
account</DELETED>
<DELETED>(including transfer of funds)</DELETED>
<DELETED> For the cost of guaranteed loans, $14,000,000, to remain
available until September 30, 2003, as authorized by section 108 of the
Housing and Community Development Act of 1974, as amended: Provided,
That such costs, including the cost of modifying such loans, shall be
as defined in section 502 of the Congressional Budget Act of 1974, as
amended: Provided further, That these funds are available to subsidize
total loan principal, any part of which is to be guaranteed, not to
exceed $608,696,000, notwithstanding any aggregate limitation on
outstanding obligations guaranteed in section 108(k) of the Housing and
Community Development Act of 1974, as amended: Provided further, That
in addition, for administrative expenses to carry out the guaranteed
loan program, $1,000,000, which shall be transferred to and merged with
the appropriation for ``Salaries and expenses''.</DELETED>
<DELETED>brownfields redevelopment</DELETED>
<DELETED> For Economic Development Grants, as authorized by section
108(q) of the Housing and Community Development Act of 1974, as
amended, for Brownfields redevelopment projects, $25,000,000, to remain
available until September 30, 2003: Provided, That the Secretary of
Housing and Urban Development shall make these grants available on a
competitive basis as specified in section 102 of the Department of
Housing and Urban Development Reform Act of 1989.</DELETED>
<DELETED>home investment partnerships program</DELETED>
<DELETED>(including transfer of funds)</DELETED>
<DELETED> For the HOME investment partnerships program, as
authorized under title II of the Cranston-Gonzalez National Affordable
Housing Act, as amended, $1,996,040,000 to remain available until
September 30, 2003: Provided, That of the total amount provided under
this heading, $200,000,000 shall be available for the Downpayment
Assistance Initiative, subject to the enactment of subsequent
legislation authorizing such initiative: Provided further, That should
legislation authorizing such initiative not be enacted by June 30,
2002, amounts designated in the previous proviso shall become available
for any such purpose authorized under title II of the Cranston-Gonzalez
National Affordable Housing Act, as amended: Provided further, That of
the total amount provided under this heading, up to $20,000,000 shall
be available for Housing Counseling under section 106 of the Housing
and Urban Development Act of 1968; and no less than $17,000,000 shall
be transferred to the Working Capital Fund for the development and
maintenance of information technology systems.</DELETED>
<DELETED>homeless assistance grants</DELETED>
<DELETED>(including transfer of funds)</DELETED>
<DELETED> For the emergency shelter grants program as authorized
under subtitle B of title IV of the McKinney-Vento Homeless Assistance
Act, as amended; the supportive housing program as authorized under
subtitle C of title IV of such Act; the section 8 moderate
rehabilitation single room occupancy program as authorized under the
United States Housing Act of 1937, as amended, to assist homeless
individuals pursuant to section 441 of the McKinney-Vento Homeless
Assistance Act; and the shelter plus care program as authorized under
subtitle F of title IV of such Act, $1,027,745,000, to remain available
until September 30, 2003: Provided, That not less than 35 percent of
these funds shall be used for permanent housing, and all funding for
services must be matched by 25 percent in funding by each grantee:
Provided further, That all awards of assistance under this heading
shall be required to coordinate and integrate homeless programs with
other mainstream health, social services, and employment programs for
which homeless populations may be eligible, including Medicaid, State
Children's Health Insurance Program, Temporary Assistance for Needy
Families, Food Stamps, and services funding through the Mental Health
and Substance Abuse Block Grant, Workforce Investment Act, and the
Welfare-to-Work grant program: Provided further, That no less than
$14,200,000 of the funds appropriated under this heading is transferred
to the Working Capital Fund to be used for technical assistance for
management information systems and to develop an automated, client-
level Annual Performance Report System: Provided further, That $500,000
shall be made available to the Interagency Council on the Homeless for
administrative needs.</DELETED>
<DELETED>Housing Programs</DELETED>
<DELETED>housing for special populations</DELETED>
<DELETED>(including transfer of funds)</DELETED>
<DELETED> For assistance for the purchase, construction,
acquisition, or development of additional public and subsidized housing
units for low income families not otherwise provided for,
$1,024,151,000, to remain available until September 30, 2003: Provided,
That $783,286,000 shall be for capital advances, including amendments
to capital advance contracts, for housing for the elderly, as
authorized by section 202 of the Housing Act of 1959, as amended, and
for project rental assistance for the elderly under such section
202(c)(2), including amendments to contracts for such assistance and
renewal of expiring contracts for such assistance for up to a 1-year
term, and for supportive services associated with the housing, of which
amount $49,890,000 shall be for service coordinators and the
continuation of existing congregate service grants for residents of
assisted housing projects, and of which amount $49,890,000 shall be for
grants under section 202b of the Housing Act of 1959 (12 U.S.C. 1701q-
2) for conversion of eligible projects under such section to assisted
living or related use: Provided further, That of the amount under this
heading, $240,865,000 shall be for capital advances, including
amendments to capital advance contracts, for supportive housing for
persons with disabilities, as authorized by section 811 of the
Cranston-Gonzalez National Affordable Housing Act, for project rental
assistance for supportive housing for persons with disabilities under
such section 811(d)(2), including amendments to contracts for such
assistance and renewal of expiring contracts for such assistance for up
to a 1-year term, and for supportive services associated with the
housing for persons with disabilities as authorized by section 811 of
such Act, and for tenant-based rental assistance contracts entered into
pursuant to section 811 of such Act: Provided further, That no less
than $1,000,000, to be divided evenly between the appropriations for
the section 202 and section 811 programs, shall be transferred to the
Working Capital Fund for the development and maintenance of information
technology systems: Provided further, That, in addition to amounts made
available for renewal of tenant-based rental assistance contracts
pursuant to the second proviso of this paragraph, the Secretary may
desi
2000
gnate up to 25 percent of the amounts earmarked under this
paragraph for section 811 of such Act for tenant-based assistance, as
authorized under that section, including such authority as may be
waived under the next proviso, which assistance is 5 years in duration:
Provided further, That the Secretary may waive any provision of such
section 202 and such section 811 (including the provisions governing
the terms and conditions of project rental assistance and tenant-based
assistance) that the Secretary determines is not necessary to achieve
the objectives of these programs, or that otherwise impedes the ability
to develop, operate, or administer projects assisted under these
programs, and may make provision for alternative conditions or terms
where appropriate.</DELETED>
<DELETED>flexible subsidy fund</DELETED>
<DELETED>(transfer of funds)</DELETED>
<DELETED> From the Rental Housing Assistance Fund, all uncommitted
balances of excess rental charges as of September 30, 2001, and any
collections made during fiscal year 2002, shall be transferred to the
Flexible Subsidy Fund, as authorized by section 236(g) of the National
Housing Act, as amended.</DELETED>
<DELETED>manufactured housing fees trust fund</DELETED>
<DELETED> For necessary expenses as authorized by the National
Manufactured Housing Construction and Safety Standards Act of 1974, as
amended (42 U.S.C. 5401 et seq.), $13,566,000, to remain available
until expended, to be derived from the Manufactured Housing Fees Trust
Fund: Provided, That the total amount appropriated under this heading
shall be available from the general fund of the Treasury to the extent
necessary to incur obligations and make expenditures pending the
receipt of collections to the Fund pursuant to section 620 of such Act:
Provided further, That the amount made available under this heading
from the general fund shall be reduced as such collections are received
during fiscal year 2002 so as to result in a final fiscal year 2002
appropriation from the general fund estimated at not more than $0 and
fees pursuant to such section 620 shall be modified as necessary to
ensure such a final fiscal year 2002 appropriation.</DELETED>
<DELETED>Federal Housing Administration</DELETED>
<DELETED>mutual mortgage insurance program account</DELETED>
<DELETED>(including transfers of funds)</DELETED>
<DELETED> During fiscal year 2002, commitments to guarantee loans to
carry out the purposes of section 203(b) of the National Housing Act,
as amended, shall not exceed a loan principal of
$160,000,000,000.</DELETED>
<DELETED> During fiscal year 2002, obligations to make direct loans
to carry out the purposes of section 204(g) of the National Housing
Act, as amended, shall not exceed $250,000,000: Provided, That the
foregoing amount shall be for loans to nonprofit and governmental
entities in connection with sales of single family real properties
owned by the Secretary and formerly insured under the Mutual Mortgage
Insurance Fund.</DELETED>
<DELETED> For administrative expenses necessary to carry out the
guaranteed and direct loan program, $330,888,000, of which not to
exceed $326,866,000 shall be transferred to the appropriation for
``Salaries and expenses''; and not to exceed $4,022,000 shall be
transferred to the appropriation for ``Office of Inspector General''.
In addition, for administrative contract expenses, $145,000,000, of
which not less than $96,500,000 shall be transferred to the Working
Capital Fund for the development and maintenance of information
technology systems.</DELETED>
<DELETED>general and special risk program account</DELETED>
<DELETED>(including transfers of funds)</DELETED>
<DELETED> For the cost of guaranteed loans, as authorized by
sections 238 and 519 of the National Housing Act (12 U.S.C. 1715z-3 and
1735c), including the cost of loan guarantee modifications as that term
is defined in section 502 of the Congressional Budget Act of 1974, as
amended, $15,000,000, to remain available until expended: Provided,
That these funds are available to subsidize total loan principal, any
part of which is to be guaranteed, of up to $21,000,000,000: Provided
further, That any amounts made available in any prior appropriations
Act for the cost (as such term is defined in section 502 of the
Congressional Budget Act of 1974) of guaranteed loans that are
obligations of the funds established under section 238 or 519 of the
National Housing Act that have not been obligated or that are
deobligated shall be available to the Secretary of Housing and Urban
Development in connection with the making of such guarantees and shall
remain available until expended, notwithstanding the expiration of any
period of availability otherwise applicable to such amounts.</DELETED>
<DELETED> Gross obligations for the principal amount of direct
loans, as authorized by sections 204(g), 207(l), 238, and 519(a) of the
National Housing Act, shall not exceed $50,000,000, of which not to
exceed $30,000,000 shall be for bridge financing in connection with the
sale of multifamily real properties owned by the Secretary and formerly
insured under such Act; and of which not to exceed $20,000,000 shall be
for loans to nonprofit and governmental entities in connection with the
sale of single-family real properties owned by the Secretary and
formerly insured under such Act.</DELETED>
<DELETED> In addition, for administrative expenses necessary to
carry out the guaranteed and direct loan programs, $211,455,000, of
which $193,134,000, shall be transferred to the appropriation for
``Salaries and expenses''; and of which $18,321,000 shall be
transferred to the appropriation for ``Office of Inspector General''.
In addition, for administrative contract expenses necessary to carry
out the guaranteed and direct loan programs, $139,000,000, of which no
less than $33,500,000 shall be transferred to the Working Capital Fund
for the development and maintenance of information technology
systems.</DELETED>
<DELETED>Government National Mortgage Association (GNMA)</DELETED>
<DELETED>guarantees of mortgage-backed securities loan guarantee
program account</DELETED>
<DELETED>(including transfer of funds)</DELETED>
<DELETED> New commitments to issue guarantees to carry out the
purposes of section 306 of the National Housing Act, as amended (12
U.S.C. 1721(g)), shall not exceed $200,000,000,000, to remain available
until September 30, 2003.</DELETED>
<DELETED> For administrative expenses necessary to carry out the
guaranteed mortgage-backed securities program, $9,383,000 to be derived
from the GNMA guarantees of mortgage-backed securities guaranteed loan
receipt account, of which not to exceed $9,383,000 shall be transferred
to the appropriation for ``Salaries and expenses''.</DELETED>
<DELETED>Policy Development and Research</DELETED>
<DELETED>research and technology</DELETED>
<DELETED> For contracts, grants, and necessary expenses of programs
of research and studies relating to housing and urban problems, not
otherwise provided for, as authorized by title V of the Housing and
Urban Development Act of 1970, as amended (12 U.S.C. 1701z-1 et seq.),
including carrying out the functions of the Secretary under section
1(a)(1)(i) of Reorganization Plan No. 2 of 1968, $46,900,000, to remain
available until September 30, 2003: Provided, That $1,500,000 shall be
for necessary expenses of the Millennial Housing Commission, as
authorized by section 206 of Public Law 106-74: Provided further, That
of the total amount provided under this heading, $7,500,000 shall be
for the Partnership for Advancing Technology in Housi
2000
ng (PATH)
Initiative.</DELETED>
<DELETED>Fair Housing and Equal Opportunity</DELETED>
<DELETED>fair housing activities</DELETED>
<DELETED> For contracts, grants, and other assistance, not otherwise
provided for, as authorized by title VIII of the Civil Rights Act of
1968, as amended by the Fair Housing Amendments Act of 1988, and
section 561 of the Housing and Community Development Act of 1987, as
amended, $45,899,000, to remain available until September 30, 2003, of
which $19,449,000 shall be to carry out activities pursuant to such
section 561: Provided, That no funds made available under this heading
shall be used to lobby the executive or legislative branches of the
Federal Government in connection with a specific contract, grant or
loan.</DELETED>
<DELETED>Office of Lead Hazard Control</DELETED>
<DELETED>lead hazard reduction</DELETED>
<DELETED> For the Lead Hazard Reduction Program, as authorized by
sections 1011 and 1053 of the Residential Lead-Based Hazard Reduction
Act of 1992, $109,758,000 to remain available until September 30, 2003,
of which $10,000,000 shall be for the Healthy Homes Initiative,
pursuant to sections 501 and 502 of the Housing and Urban Development
Act of 1970 that shall include research, studies, testing, and
demonstration efforts, including education and outreach concerning
lead-based paint poisoning and other housing-related environmental
childhood diseases and hazards.</DELETED>
<DELETED>Management and Administration</DELETED>
<DELETED>salaries and expenses</DELETED>
<DELETED>(including transfer of funds)</DELETED>
<DELETED> For necessary administrative and non-administrative
expenses of the Department of Housing and Urban Development, not
otherwise provided for, including not to exceed $7,000 for official
reception and representation expenses, $1,086,800,000 (reduced by
$10,000,000), of which $520,000,000 shall be provided from the various
funds of the Federal Housing Administration, $9,383,000 shall be
provided from funds of the Government National Mortgage Association,
$1,000,000 shall be provided from the ``Community development fund''
account, $150,000 shall be provided by transfer from the ``Title VI
Indian federal guarantees program'' account, and $200,000 shall be
provided by transfer from the ``Indian housing loan guarantee fund
program'' account: Provided, That no less than $85,000,000 shall be
transferred to the Working Capital Fund for the development and
maintenance of Information Technology Systems: Provided further, That
the Secretary shall fill 7 out of 10 vacancies at the GS-14 and GS-15
levels until the total number of GS-14 and GS-15 positions in the
Department has been reduced from the number of GS-14 and GS-15
positions on the date of enactment of Public Law 106-377 by
2</DELETED>\<DELETED>1/2</DELETED>\ <DELETED>percent: Provided further,
That the Secretary shall submit a staffing plan for the Department by
November 1, 2001.</DELETED>
<DELETED>office of inspector general</DELETED>
<DELETED> For necessary expenses of the Office of Inspector General
in carrying out the Inspector General Act of 1978, as amended,
$93,898,000, of which $22,343,000 shall be provided from the various
funds of the Federal Housing Administration and $10,000,000 shall be
provided from the amount earmarked for Operation Safe Home in the
appropriation for the ``Public housing operating fund'': Provided, That
the Inspector General shall have independent authority over all
personnel issues within the Office of Inspector General.</DELETED>
<DELETED>consolidated fee fund</DELETED>
<DELETED>(rescission)</DELETED>
<DELETED> Of the balances remaining available from fees and charges
under section 7(j) of the Department of Housing and Urban Development
Act, $6,700,000 is rescinded.</DELETED>
<DELETED>Office of Federal Housing Enterprise Oversight</DELETED>
<DELETED>salaries and expenses</DELETED>
<DELETED>(including transfer of funds)</DELETED>
<DELETED> For carrying out the Federal Housing Enterprise Financial
Safety and Soundness Act of 1992, including not to exceed $500 for
official reception and representation expenses, $23,000,000, to remain
available until expended, to be derived from the Federal Housing
Enterprise Oversight Fund: Provided, That not to exceed such amount
shall be available from the general fund of the Treasury to the extent
necessary to incur obligations and make expenditures pending the
receipt of collections to the Fund: Provided further, That the general
fund amount shall be reduced as collections are received during the
fiscal year so as to result in a final appropriation from the general
fund estimated at not more than $0.</DELETED>
<DELETED>Administrative Provisions</DELETED>
<DELETED> Sec. 201. Fifty percent of the amounts of budget
authority, or in lieu thereof 50 percent of the cash amounts associated
with such budget authority, that are recaptured from projects described
in section 1012(a) of the Stuart B. McKinney Homeless Assistance
Amendments Act of 1988 (42 U.S.C. 1437 note) shall be rescinded, or in
the case of cash, shall be remitted to the Treasury, and such amounts
of budget authority or cash recaptured and not rescinded or remitted to
the Treasury shall be used by State housing finance agencies or local
governments or local housing agencies with projects approved by the
Secretary of Housing and Urban Development for which settlement
occurred after January 1, 1992, in accordance with such section.
Notwithstanding the previous sentence, the Secretary may award up to 15
percent of the budget authority or cash recaptured and not rescinded or
remitted to the Treasury to provide project owners with incentives to
refinance their project at a lower interest rate.</DELETED>
<DELETED> Sec. 202. None of the amounts made available under this
Act may be used during fiscal year 2002 to investigate or prosecute
under the Fair Housing Act any otherwise lawful activity engaged in by
one or more persons, including the filing or maintaining of a non-
frivolous legal action, that is engaged in solely for the purpose of
achieving or preventing action by a Government official or entity, or a
court of competent jurisdiction.</DELETED>
<DELETED> Sec. 203. (a) Notwithstanding section 854(c)(1)(A) of the
AIDS Housing Opportunity Act (42 U.S.C. 12903(c)(1)(A)), from any
amounts made available under this title for fiscal year 2002 that are
allocated under such section, the Secretary of Housing and Urban
Development shall allocate and make a grant, in the amount determined
under subsection (b), for any State that--</DELETED>
<DELETED> (1) received an allocation in a prior fiscal year
under clause (ii) of such section; and</DELETED>
<DELETED> (2) is not otherwise eligible for an allocation
for fiscal year 2002 under such clause (ii) because the areas
in the State outside of the metropolitan statistical areas that
qualify under clause (i) in fiscal year 2002 do not have the
number of cases of acquired immunodeficiency syndrome (AIDS)
required under such clause.</DELETED>
<DELETED> (b) The amount of the allocation and grant for any State
described in subsection (a) shall be an amount based on the cumulative
number of AIDS cases in the areas of that State that are outside of
metropolitan statistical areas that qualify under clause (i) of such
section 854(c)(1)(A) in fiscal year 2002, in proportion to AIDS cases
among cities and States that qualify under clauses (i) and (ii) of such
section
2000
and States deemed eligible under subsection (a).</DELETED>
<DELETED> Sec. 204. Section 225(a) of the Department of Veterans
Affairs and Housing and Urban Development, and Independent Agencies
Appropriations Act, 2000, Public Law 106-74 (113 Stat. 1076), is
amended by inserting ``and fiscal year 2002'' after ``fiscal year
2001''.</DELETED>
<DELETED> Sec. 205. Section 251 of the National Housing Act (12
U.S.C. 1715z-16) is amended--</DELETED>
<DELETED> (1) in subsection (b), by striking ``issue
regulations'' and all that follows and inserting the following:
``require that the mortgagee make available to the mortgagor,
at the time of loan application, a written explanation of the
features of an adjustable rate mortgage consistent with the
disclosure requirements applicable to variable rate mortgages
secured by a principal dwelling under the Truth in Lending
Act.''; and</DELETED>
<DELETED> (2) by adding the following new subsection at the
end:</DELETED>
<DELETED> ``(d)(1) The Secretary may insure under this subsection a
mortgage that meets the requirements of subsection (a), except that the
effective rate of interest--</DELETED>
<DELETED> ``(A) shall be fixed for a period of not less than
the first 3 years of the mortgage term;</DELETED>
<DELETED> ``(B) shall be adjusted by the mortgagee initially
upon the expiration of such period and annually thereafter;
and</DELETED>
<DELETED> ``(C) in the case of the initial interest rate
adjustment, is subject to the 1 percent limitation only if the
interest rate remained fixed for five or fewer years.</DELETED>
<DELETED> ``(2) The disclosure required under subsection (b) shall
be required for a mortgage insured under this subsection.''.</DELETED>
<DELETED> Sec. 206. (a) Section 203(c) of the National Housing Act
(12 U.S.C. 1709(c)) is amended--</DELETED>
<DELETED> (1) in paragraph (1), by striking ``and (k)'' and
``or (k)''; and</DELETED>
<DELETED> (2) in paragraph (2)--</DELETED>
<DELETED> (A) by inserting immediately after
``subsection (v),'' the following: ``and each mortgage
that is insured under subsection (k) or section
234(c),''; and</DELETED>
<DELETED> (B) by striking ``and executed on or after
October 1, 1994,''.</DELETED>
<DELETED> (b) The amendments made by subsection (a) shall--
</DELETED>
<DELETED> (1) apply only to mortgages that are executed on
or after the date of enactment of this Act; and</DELETED>
<DELETED> (2) be implemented in advance of any necessary
conforming changes to regulations.</DELETED>
<DELETED> Sec. 207. (a) During fiscal year 2002, in the provision of
rental assistance under section 8(o) of the United States Housing Act
of 1937 (42 U.S.C. 1437f(o)) in connection with a program to
demonstrate the economy and effectiveness of providing such assistance
for use in assisted living facilities that is carried out in the
counties of the State of Michigan specified in subsection (b) of this
section, notwithstanding paragraphs (3) and (18)(B)(iii) of such
section 8(o), a family residing in an assisted living facility in any
such county, on behalf of which a public housing agency provides
assistance pursuant to section 8(o)(18) of such Act, may be required,
at the time the family initially receives such assistance, to pay rent
in an amount exceeding 40 percent of the monthly adjusted income of the
family by such a percentage or amount as the Secretary of Housing and
Urban Development determines to be appropriate.</DELETED>
<DELETED> (b) The counties specified in this subsection are Oakland
County, Macomb County, Wayne County, and Washtenaw County, in the State
of Michigan.</DELETED>
<DELETED>TITLE III--INDEPENDENT AGENCIES</DELETED>
<DELETED>American Battle Monuments Commission</DELETED>
<DELETED>salaries and expenses</DELETED>
<DELETED> For necessary expenses, not otherwise provided for, of the
American Battle Monuments Commission, including the acquisition of land
or interest in land in foreign countries; purchases and repair of
uniforms for caretakers of national cemeteries and monuments outside of
the United States and its territories and possessions; rent of office
and garage space in foreign countries; purchase (one for replacement
only) and hire of passenger motor vehicles; and insurance of official
motor vehicles in foreign countries, when required by law of such
countries, $30,466,000, to remain available until expended.</DELETED>
<DELETED> For the partial cost of construction of a new interpretive
and visitor center at the American Cemetery in Normandy, France,
$5,000,000, to remain available until expended: Provided, That the
Commission shall ensure that the placement, scope and character of this
new center protect the solemnity of the site and the sensitivity of
interested parties including families of servicemen interred at the
cemetery, the host country and Allied forces who participated in the
invasion and ensuing battle: Provided further, That not more than
$1,000,000 shall be for non-construction related costs including
initial consultations with interested parties and the conceptual study
and design of the new center.</DELETED>
<DELETED>Chemical Safety and Hazard Investigation Board</DELETED>
<DELETED>salaries and expenses</DELETED>
<DELETED> For necessary expenses in carrying out activities pursuant
to section 112(r)(6) of the Clean Air Act, as amended, including hire
of passenger vehicles, uniforms or allowances therefor, as authorized
by 5 U.S.C. 5901-5902, and for services authorized by 5 U.S.C. 3109,
but at rates for individuals not to exceed the per diem equivalent to
the maximum rate payable for senior level positions under 5 U.S.C.
5376, $8,000,000, $5,500,000 of which to remain available until
September 30, 2002 and $2,500,000 of which to remain available until
September 30, 2003: Provided, That the Chemical Safety and Hazard
Investigation Board shall have not more than three career Senior
Executive Service positions: Provided further, That, hereafter, there
shall be an Inspector General at the Board who shall have the duties,
responsibilities, and authorities specified in the Inspector General
Act of 1978, as amended: Provided further, That an individual appointed
to the position of Inspector General of the Federal Emergency
Management Agency (FEMA) shall, by virtue of such appointment, also
hold the position of Inspector General of the Board: Provided further,
That the Inspector General of the Board shall utilize personnel of the
Office of Inspector General of FEMA in performing the duties of the
Inspector General of the Board, and shall not appoint any individuals
to positions within the Board.</DELETED>
<DELETED>Department of the Treasury</DELETED>
<DELETED>Community Development Financial Institutions</DELETED>
<DELETED>community development financial institutions</DELETED>
<DELETED>fund program account</DELETED>
<DELETED> To carry out the Community Development Banking and
Financial Institutions Act of 1994, including services authorized by 5
U.S.C. 3109, but at rates for individuals not to exceed the per diem
rate equivalent to the rate for ES-3, $80,000,000, to remain available
until September 30, 2003, of which $500,000 shall be for technical
assistance and training programs designed to benefit Native American
communities, a
2000
nd up to $8,948,000 may be used for administrative
expenses, including administration of the New Markets Tax Credit, up to
$6,000,000 may be used for the cost of direct loans, and up to
$1,000,000 may be used for administrative expenses to carry out the
direct loan program: Provided, That the cost of direct loans, including
the cost of modifying such loans, shall be as defined in section 502 of
the Congressional Budget Act of 1974, as amended: Provided further,
That these funds are available to subsidize gross obligations for the
principal amount of direct loans not to exceed $15,000,000.</DELETED>
<DELETED>Consumer Product Safety Commission</DELETED>
<DELETED>salaries and expenses</DELETED>
<DELETED> For necessary expenses of the Consumer Product Safety
Commission, including hire of passenger motor vehicles, services as
authorized by 5 U.S.C. 3109, but at rates for individuals not to exceed
the per diem rate equivalent to the maximum rate payable under 5 U.S.C.
5376, purchase of nominal awards to recognize non-Federal officials'
contributions to Commission activities, and not to exceed $500 for
official reception and representation expenses, $54,200,000.</DELETED>
<DELETED>Corporation for National and Community Service</DELETED>
<DELETED>national and community service programs</DELETED>
<DELETED>operating expenses</DELETED>
<DELETED> Of the funds appropriated under this heading in Public Law
106-377, the Corporation for National and Community Service shall use
such amounts of such funds as may be necessary to carry out the
programs, activities, and initiatives under the National Community
Service Act of 1990 (Public Law 103-82) and the Corporation.</DELETED>
<DELETED>office of inspector general</DELETED>
<DELETED> For necessary expenses of the Office of Inspector General
in carrying out the Inspector General Act of 1978, as amended,
$5,000,000, which shall be available for obligation through September
30, 2003.</DELETED>
<DELETED>U.S. Court of Appeals for Veterans Claims</DELETED>
<DELETED>salaries and expenses</DELETED>
<DELETED> For necessary expenses for the operation of the United
States Court of Appeals for Veterans Claims as authorized by 38 U.S.C.
7251-7298, $13,221,000, of which $895,000 shall be available for the
purpose of providing financial assistance as described, and in
accordance with the process and reporting procedures set forth, under
this heading in Public Law 102-229.</DELETED>
<DELETED>Department of Defense--Civil</DELETED>
<DELETED>Cemeterial Expenses, Army</DELETED>
<DELETED>salaries and expenses</DELETED>
<DELETED> 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 two passenger motor vehicles for replacement only, and not
to exceed $1,000 for official reception and representation expenses,
$22,537,000, to remain available until expended.</DELETED>
<DELETED>Department of Health and Human Services</DELETED>
<DELETED>National Institutes of Health</DELETED>
<DELETED>national institute of environmental health sciences</DELETED>
<DELETED> For necessary expenses for the National Institute of
Environmental Health Sciences in carrying out activities set forth in
section 311(a) of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980, as amended,
$70,228,000.</DELETED>
<DELETED>Agency for Toxic Substances and Disease Registry</DELETED>
<DELETED>salaries and expenses</DELETED>
<DELETED> For necessary expenses for the Agency for Toxic Substances
and Disease Registry (ATSDR) in carrying out activities set forth in
sections 104(i), 111(c)(4), and 111(c)(14) of the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980
(CERCLA), as amended; section 118(f) of the Superfund Amendments and
Reauthorization Act of 1986 (SARA), as amended; and section 3019 of the
Solid Waste Disposal Act, as amended, $78,235,000, to be derived from
the Hazardous Substance Superfund Trust Fund pursuant to section 517(a)
of SARA (26 U.S.C. 9507): Provided, That notwithstanding any other
provision of law, in lieu of performing a health assessment under
section 104(i)(6) of CERCLA, the Administrator of ATSDR may conduct
other appropriate health studies, evaluations, or activities,
including, without limitation, biomedical testing, clinical
evaluations, medical monitoring, and referral to accredited health care
providers: Provided further, That in performing any such health
assessment or health study, evaluation, or activity, the Administrator
of ATSDR shall not be bound by the deadlines in section 104(i)(6)(A) of
CERCLA: Provided further, That none of the funds appropriated under
this heading shall be available for ATSDR to issue in excess of 40
toxicological profiles pursuant to section 104(i) of CERCLA during
fiscal year 2002, and existing profiles may be updated as
necessary.</DELETED>
<DELETED>Environmental Protection Agency</DELETED>
<DELETED>science and technology</DELETED>
<DELETED> For science and technology, including research and
development activities, which shall include research and development
activities under the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980, as amended; necessary expenses
for personnel and related costs and travel expenses, including
uniforms, or allowances therefor, as authorized by 5 U.S.C. 5901-5902;
services as authorized by 5 U.S.C. 3109, but at rates for individuals
not to exceed the per diem rate equivalent to the maximum rate payable
for senior level positions under 5 U.S.C. 5376; procurement of
laboratory equipment and supplies; other operating expenses in support
of research and development; construction, alteration, repair,
rehabilitation, and renovation of facilities, not to exceed $75,000 per
project, $680,410,000, which shall remain available until September 30,
2003.</DELETED>
<DELETED>environmental programs and management</DELETED>
<DELETED> For environmental programs and management, including
necessary expenses, not otherwise provided for, for personnel and
related costs and travel expenses, including uniforms, or allowances
therefor, as authorized by 5 U.S.C. 5901-5902; services as authorized
by 5 U.S.C. 3109, but at rates for individuals not to exceed the per
diem rate equivalent to the maximum rate payable for senior level
positions under 5 U.S.C. 5376; hire of passenger motor vehicles; hire,
maintenance, and operation of aircraft; purchase of reprints; library
memberships in societies or associations which issue publications to
members only or at a price to members lower than to subscribers who are
not members; construction, alteration, repair, rehabilitation, and
renovation of facilities, not to exceed $75,000 per project; and not to
exceed $6,000 for official reception and representation expenses,
$2,014,799,000 (reduced by $7,200,000) (reduced by $3,000,000), which
shall remain available until September 30, 2003.</DELETED>
<DELETED>office of inspector general</DELETED>
<DELETED> For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act of 1978, as
amended, and for construction, alteration, repair, rehabilitation, and
renovation of facilities, not to exceed $75,000 per project,
$34,019,000, to remain available until September 30, 2003.</DELETED>
<DELETED>buildings and facilities&
2000
lt;/DELETED>
<DELETED> For construction, repair, improvement, extension,
alteration, and purchase of fixed equipment or facilities of, or for
use by, the Environmental Protection Agency, $25,318,000, to remain
available until expended.</DELETED>
<DELETED>hazardous substance superfund</DELETED>
<DELETED>(including transfers of funds)</DELETED>
<DELETED> For necessary expenses to carry out the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980
(CERCLA), as amended, including sections 111(c)(3), (c)(5), (c)(6), and
(e)(4) (42 U.S.C. 9611), and for construction, alteration, repair,
rehabilitation, and renovation of facilities, not to exceed $75,000 per
project; $1,270,000,000 (of which $100,000,000 shall not become
available until September 1, 2002) to remain available until expended,
consisting of $635,000,000, as authorized by section 517(a) of the
Superfund Amendments and Reauthorization Act of 1986 (SARA), as amended
by Public Law 101-508, and $635,000,000 as a payment from general
revenues to the Hazardous Substance Superfund for purposes as
authorized by section 517(b) of SARA, as amended: Provided, That funds
appropriated under this heading may be allocated to other Federal
agencies in accordance with section 111(a) of CERCLA: Provided further,
That of the funds appropriated under this heading, $11,867,000 shall be
transferred to the ``Office of Inspector General'' appropriation to
remain available until September 30, 2003, and $36,891,000 shall be
transferred to the ``Science and technology'' appropriation to remain
available until September 30, 2003.</DELETED>
<DELETED>leaking underground storage tank trust fund</DELETED>
<DELETED> For necessary expenses to carry out leaking underground
storage tank cleanup activities authorized by section 205 of the
Superfund Amendments and Reauthorization Act of 1986, and for
construction, alteration, repair, rehabilitation, and renovation of
facilities, not to exceed $75,000 per project, $72,000,000 (increased
by $7,200,000), to remain available until expended.</DELETED>
<DELETED>oil spill response</DELETED>
<DELETED> For expenses necessary to carry out the Environmental
Protection Agency's responsibilities under the Oil Pollution Act of
1990, $15,000,000, to be derived from the Oil Spill Liability trust
fund, to remain available until expended.</DELETED>
<DELETED>state and tribal assistance grants</DELETED>
<DELETED> For environmental programs and infrastructure assistance,
including capitalization grants for State revolving funds and
performance partnership grants, $3,433,899,000 (increased by
$3,000,000), to remain available until expended, of which
$1,200,000,000 shall be for making capitalization grants for the Clean
Water State Revolving Funds under title VI of the Federal Water
Pollution Control Act, as amended (the ``Act''); $850,000,000 shall be
for capitalization grants for the Drinking Water State Revolving Funds
under section 1452 of the Safe Drinking Water Act, as amended;
$75,000,000 shall be for architectural, engineering, planning, design,
construction and related activities in connection with the construction
of high priority water and wastewater facilities in the area of the
United States-Mexico Border, after consultation with the appropriate
border commission; $30,000,000 shall be for grants to the State of
Alaska to address drinking water and wastewater infrastructure needs of
rural and Alaska Native Villages; $200,000,000 shall be for making
grants for the construction of wastewater and water treatment
facilities and groundwater protection infrastructure in accordance with
the terms and conditions specified for such grants in the report
accompanying this Act; and $1,078,899,000 (increased by $3,000,000)
shall be for grants, including associated program support costs, to
States, federally recognized tribes, interstate agencies, tribal
consortia, and air pollution control agencies for multi-media or single
media pollution prevention, control and abatement and related
activities, including activities pursuant to the provisions set forth
under this heading in Public Law 104-134, and for making grants under
section 103 of the Clean Air Act for particulate matter monitoring and
data collection activities of which and subject to terms and conditions
specified by the Administrator, $25,000,000 shall be for making grants
for enforcement and related activities (in addition to other grants
funded under this heading), and $25,000,000 shall be for Environmental
Information Exchange Network grants, including associated program
support costs: Provided, That for fiscal year 2002 and hereafter, State
authority under section 302(a) of Public Law 104-182 shall remain in
effect: Provided further, That notwithstanding section 603(d)(7) of the
Act, the limitation on the amounts in a State water pollution control
revolving fund that may be used by a State to administer the fund shall
not apply to amounts included as principal in loans made by such fund
in fiscal year 2002 and prior years where such amounts represent costs
of administering the fund to the extent that such amounts are or were
deemed reasonable by the Administrator, accounted for separately from
other assets in the fund, and used for eligible purposes of the fund,
including administration: Provided further, That for fiscal year 2002,
and notwithstanding section 518(f) of the Act, the Administrator is
authorized to use the amounts appropriated for any fiscal year under
section 319 of that Act to make grants to Indian tribes pursuant to
section 319(h) and 518(e) of that Act: Provided further, That for
fiscal year 2002, notwithstanding the limitation on amounts in section
518(c) of the Act, up to a total of 1</DELETED>\<DELETED>1/2</DELETED>\
<DELETED>percent of the funds appropriated for State Revolving Funds
under title VI of the Act may be reserved by the Administrator for
grants under section 518(c) of such Act: Provided further, That no
funds provided by this legislation to address the water, wastewater and
other critical infrastructure needs of the colonias in the United
States along the United States-Mexico border shall be made available to
a county or municipal government unless that government has established
an enforceable local ordinance, or other zoning rule, which prevents in
that jurisdiction the development or construction of any additional
colonia areas, or the development within an existing colonia the
construction of any new home, business, or other structure which lacks
water, wastewater, or other necessary infrastructure.</DELETED>
<DELETED>administrative provisions</DELETED>
<DELETED> For fiscal year 2002, notwithstanding 31 U.S.C. 6303(1)
and 6305(1), the Administrator of the Environmental Protection Agency,
in carrying out the Agency's function to implement directly Federal
environmental programs required or authorized by law in the absence of
an acceptable tribal program, may award cooperative agreements to
federally-recognized Indian Tribes or Intertribal consortia, if
authorized by their member Tribes, to assist the Administrator in
implementing Federal environmental programs for Indian Tribes required
or authorized by law, except that no such cooperative agreements may be
awarded from funds designated for State financial assistance
agreements.</DELETED>
<DELETED> Section 136a-1 of title 7, U.S.C. is amended--</DELETED>
<DELETED> (1) in subsection (i)(5)(C)(i) by striking
``$14,000,000'' and inserting ``$20,000,000''; and, by striking
``each'' and inserting ``2002'' after ``fiscal
year'';</DELETED>
<DELETED> (2) in subsection (i)(5)(H) by striking ``2001''
and inserting ``2002'';</DELETED>
<DELETED> (3) in subse
2000
ction (i)(6) by striking ``2001'' and
inserting ``2002''; and</DELETED>
<DELETED> (4) in subsection (k)(3)(A) by striking ``2001''
and inserting ``2002''; and, by striking
``</DELETED>\<DELETED>1/7</DELETED>\<DELETED>'' and inserting
``</DELETED>\<DELETED>1/10</DELETED>\<DELETED>''.</DELETED>
<DELETED>Executive Office of the President</DELETED>
<DELETED>office of science and technology policy</DELETED>
<DELETED> For necessary expenses of the Office of Science and
Technology Policy, in carrying out the purposes of the National Science
and Technology Policy, Organization, and Priorities Act of 1976 (42
U.S.C. 6601 and 6671), hire of passenger motor vehicles, and services
as authorized by 5 U.S.C. 3109, not to exceed $2,500 for official
reception and representation expenses, and rental of conference rooms
in the District of Columbia, $5,267,000.</DELETED>
<DELETED>council on environmental quality and office of environmental
quality</DELETED>
<DELETED> For necessary expenses to continue functions assigned to
the Council on Environmental Quality and Office of Environmental
Quality pursuant to the National Environmental Policy Act of 1969, the
Environmental Quality Improvement Act of 1970, and Reorganization Plan
No. 1 of 1977, $2,974,000: Provided, That notwithstanding section 202
of the National Environmental Policy Act of 1970, the Council shall
consist of one member, appointed by the President, by and with the
advice and consent of the Senate, serving as chairman and exercising
all powers, functions, and duties of the Council.</DELETED>
<DELETED>Federal Deposit Insurance Corporation</DELETED>
<DELETED>office of inspector general</DELETED>
<DELETED> For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act of 1978, as
amended, $33,660,000, to be derived from the Bank Insurance Fund, the
Savings Association Insurance Fund, and the FSLIC Resolution
Fund.</DELETED>
<DELETED>Federal Emergency Management Agency</DELETED>
<DELETED>disaster relief</DELETED>
<DELETED>(including transfer of funds)</DELETED>
<DELETED> For necessary expenses in carrying out the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121
et seq.), $1,369,399,000, and, notwithstanding 42 U.S.C. 5203, to
remain available until expended, of which not to exceed $2,900,000 may
be transferred to ``Emergency management planning and assistance'' for
the consolidated emergency management performance grant program; up to
$15,000,000 may be obligated for flood map modernization activities
following disaster declarations; and $21,577,000 may be used by the
Office of Inspector General for audits and investigations.</DELETED>
<DELETED> In addition, for the purposes under this heading,
$1,300,000,000: Provided, That such amount is designated by the
Congress as an emergency requirement pursuant to section 251(b)(2)(A)
of the Balanced Budget and Emergency Deficit Control Act of 1985:
Provided further, That such amount shall be available only to the
extent that an official budget request, that includes designation of
the entire amount of the request as an emergency requirement as defined
in the Balanced Budget and Emergency Deficit Control Act of 1985, is
transmitted by the President to the Congress.</DELETED>
<DELETED>disaster assistance direct loan program account</DELETED>
<DELETED> For the cost of direct loans, $405,000, as authorized by
section 319 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act: Provided, That such costs, including the cost of
modifying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974, as amended: Provided further, That
these funds are available to subsidize gross obligations for the
principal amount of direct loans not to exceed $25,000,000. In
addition, for administrative expenses to carry out the direct loan
program, $543,000.</DELETED>
<DELETED>salaries and expenses</DELETED>
<DELETED> For necessary expenses, not otherwise provided for,
including hire and purchase of motor vehicles as authorized by 31
U.S.C. 1343; uniforms, or allowances therefor, as authorized by 5
U.S.C. 5901-5902; services as authorized by 5 U.S.C. 3109, but at rates
for individuals not to exceed the per diem rate equivalent to the
maximum rate payable for senior level positions under 5 U.S.C. 5376;
expenses of attendance of cooperating officials and individuals at
meetings concerned with the work of emergency preparedness;
transportation in connection with the continuity of Government programs
to the same extent and in the same manner as permitted the Secretary of
a Military Department under 10 U.S.C. 2632; and not to exceed $2,500
for official reception and representation expenses,
$227,900,000.</DELETED>
<DELETED>office of inspector general</DELETED>
<DELETED> For necessary expenses of the Office of Inspector General
in carrying out the Inspector General Act of 1978, as amended,
$10,303,000: Provided, That notwithstanding any other provision of law,
the Inspector General of the Federal Emergency Management Agency shall
also serve as the Inspector General of the Chemical Safety and Hazard
Investigation Board.</DELETED>
<DELETED>emergency management planning and assistance</DELETED>
<DELETED> For necessary expenses, not otherwise provided for, to
carry out activities under the National Flood Insurance Act of 1968, as
amended, and the Flood Disaster Protection Act of 1973, as amended (42
U.S.C. 4001 et seq.), the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5121 et seq.), the Earthquake
Hazards Reduction Act of 1977, as amended (42 U.S.C. 7701 et seq.), the
Federal Fire Prevention and Control Act of 1974, as amended (15 U.S.C.
2201 et seq.), the Defense Production Act of 1950, as amended (50
U.S.C. App. 2061 et seq.), sections 107 and 303 of the National
Security Act of 1947, as amended (50 U.S.C. 404-405), and
Reorganization Plan No. 3 of 1978, $404,623,000.</DELETED>
<DELETED>radiological emergency preparedness fund</DELETED>
<DELETED> The aggregate charges assessed during fiscal year 2002, as
authorized by Public Law 106-377, shall not be less than 100 percent of
the amounts anticipated by FEMA necessary for its radiological
emergency preparedness program for the next fiscal year. The
methodology for assessment and collection of fees shall be fair and
equitable; and shall reflect costs of providing such services,
including administrative costs of collecting such fees. Fees received
pursuant to this section shall be deposited in the Fund as offsetting
collections and will become available for authorized purposes on
October 1, 2002, and remain available until expended.</DELETED>
<DELETED>emergency food and shelter program</DELETED>
<DELETED> To carry out an emergency food and shelter program
pursuant to title III of Public Law 100-77, as amended, $140,000,000,
to remain available until expended: Provided, That total administrative
costs shall not exceed 3</DELETED>\<DELETED>1/2</DELETED>\
<DELETED>percent of the total appropriation.</DELETED>
<DELETED>national flood insurance fund</DELETED>
<DELETED> (including transfer of funds)</DELETED>
<DELETED> For activities under the National Flood Insurance Act of
1968 (``the Act''), the Flood Disaster Protection Act of 1973, as
amended, not to exceed $28,798,000 for salaries and expenses associated
2000
with flood mitigation and flood insurance operations, and not to exceed
$76,381,000 for flood mitigation, including up to $20,000,000 for
expenses under section 1366 of the Act, which amount shall be available
for transfer to the National Flood Mitigation Fund until September 30,
2003. In fiscal year 2002, no funds in excess of: (1) $55,000,000 for
operating expenses; (2) $536,750,000 for agents' commissions and taxes;
and (3) $30,000,000 for interest on Treasury borrowings shall be
available from the National Flood Insurance Fund without prior notice
to the Committees on Appropriations.</DELETED>
<DELETED> In addition, up to $7,000,000 in fees collected but
unexpended during fiscal years 2000 through 2001 shall be transferred
to the Flood Map Modernization Fund and available for expenditure in
fiscal year 2002.</DELETED>
<DELETED> Section 1309(a)(2) of the Act (42 U.S.C. 4016(a)(2)), as
amended, is further amended by striking ``2001'' and inserting
``2002''.</DELETED>
<DELETED> Section 1319 of the Act, as amended (42 U.S.C. 4026), is
amended by striking ``after'' and all that follows and inserting
``after September 30, 2001.''.</DELETED>
<DELETED> Section 1336(a) of the Act, as amended (42 U.S.C.
4056(a)), is amended by striking ``ending'' and all that follows
through the second comma thereafter and inserting ``ending September
30, 2001,''.</DELETED>
<DELETED> Section 1376(c) of the Act, as amended (42 U.S.C.
4127(c)), is amended by striking ``December 31, 2001'' and inserting
``December 31, 2002''.</DELETED>
<DELETED>national flood mitigation fund</DELETED>
<DELETED> Notwithstanding sections 1366(b)(3)(B)-(C) and 1366(f) of
the National Flood Insurance Act of 1968, as amended, $20,000,000, to
remain available until September 30, 2003, for activities designed to
reduce the risk of flood damage to structures pursuant to such Act, of
which $20,000,000 shall be derived from the National Flood Insurance
Fund. Of the amount provided, $2,500,000 is to be used for the purchase
of flood-prone properties in the city of Austin, Minnesota, and any
cost-share is waived.</DELETED>
<DELETED>General Services Administration</DELETED>
<DELETED>federal consumer information center fund</DELETED>
<DELETED> For necessary expenses of the Federal Consumer Information
Center, including services authorized by 5 U.S.C. 3109, $7,276,000, to
be deposited into the Federal Consumer Information Center Fund:
Provided, That the appropriations, revenues, and collections deposited
into the Fund shall be available for necessary expenses of Federal
Consumer Information Center activities in the aggregate amount of
$12,000,000. Appropriations, revenues, and collections accruing to this
Fund during fiscal year 2002 in excess of $12,000,000 shall remain in
the Fund and shall not be available for expenditure except as
authorized in appropriations Acts: Provided further, That the Federal
Consumer Information Center (FCIC) may not undertake any action that
affects its organization, administrative location, or in any way alters
its current function or mission mandate without first submitting a
proposal to the Committees on Appropriations for approval: Provided
further, That such proposal shall include the justification for such
action, a description of all planned organizational realignments, the
anticipated staffing or personnel changes, an assessment of the effect
on the current operations of FCIC, and estimates of the proposed
changes on future funding needs.</DELETED>
<DELETED>National Aeronautics and Space Administration</DELETED>
<DELETED>human space flight</DELETED>
<DELETED>(including transfer of funds)</DELETED>
<DELETED> For necessary expenses, not otherwise provided for, in the
conduct and support of human space flight research and development
activities, including research, development, operations, support and
services; maintenance; construction of facilities including repair,
rehabilitation, revitalization and modification of facilities,
construction of new facilities and additions to existing facilities,
facility planning and design, environmental compliance and restoration,
and acquisition or condemnation of real property, as authorized by law;
space flight, spacecraft control and communications activities
including operations, production, and services; program management;
personnel and related costs, including uniforms or allowances therefor,
as authorized by 5 U.S.C. 5901-5902; travel expenses; purchase and hire
of passenger motor vehicles; not to exceed $20,000 for official
reception and representation expenses; and purchase, lease, charter,
maintenance and operation of mission and administrative aircraft,
$7,047,400,000, to remain available until September 30, 2003, of which
amounts as determined by the Administrator for salaries and benefits;
training, travel and awards; facility and related costs; information
technology services; science, engineering, fabricating and testing
services; and other administrative services may be transferred to the
Science, Aeronautics and Technology account in accordance with section
312(b) of the National Aeronautics and Space Act of 1958, as amended by
Public Law 106-377.</DELETED>
<DELETED> For an additional amount for ``Human space flight'', for
the development of a crew return vehicle with capacity for no less than
six persons, for use with the international space station,
$275,000,000, to remain available until September 30, 2005: Provided,
That none of the funds provided under this paragraph may be obligated
prior to August 1, 2002: Provided further, That the funds made
available under this paragraph shall be rescinded on July 15, 2002,
unless the President requests at least $200,000,000 in the fiscal year
2003 budget request for the National Aeronautics and Space
Administration for continuation of the crew return vehicle
program.</DELETED>
<DELETED>science, aeronautics and technology</DELETED>
<DELETED>(including transfer of funds)</DELETED>
<DELETED> For necessary expenses, not otherwise provided for, in the
conduct and support of science, aeronautics and technology research and
development activities, including research, development, operations,
support and services; maintenance; construction of facilities including
repair, rehabilitation, revitalization, and modification of facilities,
construction of new facilities and additions to existing facilities,
facility planning and design, environmental compliance and restoration,
and acquisition or condemnation of real property, as authorized by law;
space flight, spacecraft control and communications activities
including operations, production, and services; program management;
personnel and related costs, including uniforms or allowances therefor,
as authorized by 5 U.S.C. 5901-5902; travel expenses; purchase and hire
of passenger motor vehicles; not to exceed $20,000 for official
reception and representation expenses; and purchase, lease, charter,
maintenance and operation of mission and administrative aircraft,
$7,605,300,000, to remain available until September 30, 2003, of which
amounts as determined by the Administrator for salaries and benefits;
training, travel and awards; facility and related costs; information
technology services; science, engineering, fabricating and testing
services; and other administrative services may be transferred to the
Human Space Flight account in accordance with section 312(b) of the
National Aeronautics and Space Act of 1958, as amended by Public Law
106-377.</DELETED>
<DELETED>office of inspector general</DELETED>
<DELETED> For necessary expenses of the Office of Inspector General
in carrying out the Inspector General Act of 1978, as amended,
$23,700,000.</
2000
DELETED>
<DELETED>administrative provisions</DELETED>
<DELETED> Notwithstanding the limitation on the availability of
funds appropriated for ``Human space flight'', or ``Science,
aeronautics and technology'' by this appropriations Act, when any
activity has been initiated by the incurrence of obligations for
construction of facilities as authorized by law, such amount available
for such activity shall remain available until expended. This provision
does not apply to the amounts appropriated for institutional minor
revitalization and construction of facilities, and institutional
facility planning and design.</DELETED>
<DELETED> Notwithstanding the limitation on the availability of
funds appropriated for ``Human space flight'', or ``Science,
aeronautics and technology'' by this appropriations Act, the amounts
appropriated for construction of facilities shall remain available
until September 30, 2004.</DELETED>
<DELETED> Notwithstanding the limitation on the availability of
funds appropriated for ``Office of Inspector General'', amounts made
available by this Act for personnel and related costs and travel
expenses of the National Aeronautics and Space Administration shall
remain available until September 30, 2002 and may be used to enter into
contracts for training, investigations, costs associated with personnel
relocation, and for other services, to be provided during the next
fiscal year. Funds for announced prizes otherwise authorized shall
remain available, without fiscal year limitation, until the prize is
claimed or the offer is withdrawn.</DELETED>
<DELETED> No funds in this or any other Appropriations Act may be
used to finalize an agreement prior to December 1, 2002 between NASA
and a nongovernment organization to conduct research utilization and
commercialization management activities of the International Space
Station.</DELETED>
<DELETED>National Credit Union Administration</DELETED>
<DELETED>central liquidity facility</DELETED>
<DELETED>(including transfer of funds)</DELETED>
<DELETED> During fiscal year 2002, gross obligations of the Central
Liquidity Facility for the principal amount of new direct loans to
member credit unions, as authorized by 12 U.S.C. 1795 et seq., shall
not exceed $1,500,000,000: Provided, That administrative expenses of
the Central Liquidity Facility shall not exceed $309,000: Provided
further, That $1,000,000 shall be transferred to the Community
Development Revolving Loan Fund.</DELETED>
<DELETED>National Science Foundation</DELETED>
<DELETED>research and related activities</DELETED>
<DELETED> For necessary expenses in carrying out the National
Science Foundation Act of 1950, as amended (42 U.S.C. 1861-1875), and
the Act to establish a National Medal of Science (42 U.S.C. 1880-1881);
services as authorized by 5 U.S.C. 3109; authorized travel; maintenance
and operation of aircraft and purchase of flight services for research
support; acquisition of aircraft; $3,642,340,000, of which not to
exceed $306,230,000 shall remain available until expended for Polar
research and operations support, and for reimbursement to other Federal
agencies for operational and science support and logistical and other
related activities for the United States Antarctic program; the balance
to remain available until September 30, 2003: Provided, That receipts
for scientific support services and materials furnished by the National
Research Centers and other National Science Foundation supported
research facilities may be credited to this appropriation: Provided
further, That to the extent that the amount appropriated is less than
the total amount authorized to be appropriated for included program
activities, all amounts, including floors and ceilings, specified in
the authorizing Act for those program activities or their subactivities
shall be reduced proportionally.</DELETED>
<DELETED>major research facilities construction and equipment</DELETED>
<DELETED> For necessary expenses of major construction projects
pursuant to the National Science Foundation Act of 1950, as amended,
including authorized travel, $135,300,000, to remain available until
expended.</DELETED>
<DELETED>education and human resources</DELETED>
<DELETED> 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,
authorized travel, and rental of conference rooms in the District of
Columbia, $885,720,000, to remain available until September 30, 2003:
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.</DELETED>
<DELETED>salaries and expenses</DELETED>
<DELETED> 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; $170,040,000: Provided, That contracts may be
entered into under ``Salaries and expenses'' in fiscal year 2002 for
maintenance and operation of facilities, and for other services, to be
provided during the next fiscal year.</DELETED>
<DELETED>office of inspector general</DELETED>
<DELETED> For necessary expenses of the Office of Inspector General
as authorized by the Inspector General Act of 1978, as amended,
$6,760,000, to remain available until September 30, 2003.</DELETED>
<DELETED>Neighborhood Reinvestment Corporation</DELETED>
<DELETED>payment to the neighborhood reinvestment corporation</DELETED>
<DELETED> 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),
$105,000,000, of which $10,000,000 shall be for a homeownership program
that is used in conjunction with section 8 assistance under the United
States Housing Act of 1937, as amended.</DELETED>
<DELETED>Selective Service System</DELETED>
<DELETED>salaries and expenses</DELETED>
<DELETED> 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 $500 for official reception and representation expenses;
$25,003,000: Provided, That during the current fiscal year, the
President may exempt this appropriation from the provisions of 31
U.S.C. 1341, whenever the President deems such action to be necessary
in the interest of national defense: Provided further, That none of the
funds appropriated by this Act may be expended for or in connection
with the induction of any person into the Armed Forces of the United
States.</DELETED>
<DELETED>TITLE IV--GENERAL PROVISIONS</DELETED>
<DELETED> 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 expe
2000
nditures for such travel expenses may
not exceed the amounts set forth therefor 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 therefor set forth in the estimates
only to the extent such an increase is approved by the Committees on
Appropriations.</DELETED>
<DELETED> 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.</DELETED>
<DELETED> 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 the 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).</DELETED>
<DELETED> 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.</DELETED>
<DELETED> Sec. 405. No funds appropriated by this Act may be
expended--</DELETED>
<DELETED> (1) pursuant to a certification of an officer or
employee of the United States unless--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (B) the expenditure of funds pursuant to
such certification, and without such a voucher or
abstract, is specifically authorized by law;
and</DELETED>
<DELETED> (2) unless such expenditure is subject to audit by
the General Accounting Office or is specifically exempt by law
from such audit.</DELETED>
<DELETED> 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 the domicile
and the place of employment of the officer or employee, with the
exception of an officer or employee authorized such transportation
under 31 U.S.C. 1344 or 5 U.S.C. 7905.</DELETED>
<DELETED> 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.</DELETED>
<DELETED> 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 rate paid for level IV of the Executive Schedule, unless
specifically authorized by law.</DELETED>
<DELETED> Sec. 409. None of the funds provided in this Act may 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.).</DELETED>
<DELETED> 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.</DELETED>
<DELETED> 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.</DELETED>
<DELETED> 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.</DELETED>
<DELETED> 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.</DELETED>
<DELETED> 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
of Veterans Affairs submits a report which 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.</DELETED>
<DELETED> Sec. 415. (a) It is the sense of the Congress that, to the
greatest extent practicable, all equipment and
2000
products purchased with
funds made available in this Act should be American-made.</DELETED>
<DELETED> (b) In providing financial assistance to, or entering into
any contract with, any entity using funds made available in this Act,
the head of each Federal agency, to the greatest extent practicable,
shall provide to such entity a notice describing the statement made in
subsection (a) by the Congress.</DELETED>
<DELETED> Sec. 416. None of the funds appropriated in this Act may
be used to implement any cap on reimbursements to grantees for indirect
costs, except as published in Office of Management and Budget Circular
A-21.</DELETED>
<DELETED> Sec. 417. Such sums as may be necessary for fiscal year
2002 pay raises for programs funded by this Act shall be absorbed
within the levels appropriated in this Act.</DELETED>
<DELETED> Sec. 418. None of the funds made available in this Act may
be used for any program, project, or activity, when it is made known to
the Federal entity or official to which the funds are made available
that the program, project, or activity is not in compliance with any
Federal law relating to risk assessment, the protection of private
property rights, or unfunded mandates.</DELETED>
<DELETED> Sec. 419. Corporations and agencies of the Department of
Housing and Urban Development which are subject to the Government
Corporation Control Act, as amended, are hereby authorized to make such
expenditures, within the limits of funds and borrowing authority
available to each such corporation or agency and in accord with law,
and to make such contracts and commitments without regard to fiscal
year limitations as provided by section 104 of such Act as may be
necessary in carrying out the programs set forth in the budget for 2002
for such corporation or agency except as hereinafter provided:
Provided, That collections of these corporations and agencies may be
used for new loan or mortgage purchase commitments only to the extent
expressly provided for in this Act (unless such loans are in support of
other forms of assistance provided for in this or prior appropriations
Acts), except that this proviso shall not apply to the mortgage
insurance or guaranty operations of these corporations, or where loans
or mortgage purchases are necessary to protect the financial interest
of the United States Government.</DELETED>
<DELETED> Sec. 420. Notwithstanding any other provision of law, the
term ``qualified student loan'' with respect to national service
education awards shall mean any loan determined by an institution of
higher education to be necessary to cover a student's cost of
attendance at such institution and made directly to a student by a
state agency, in addition to other meanings under section 148(b)(7) of
the National and Community Service Act.</DELETED>
<DELETED> Sec. 421. None of the funds appropriated or otherwise made
available by this Act shall be used to promulgate a final regulation to
implement changes in the payment of pesticide tolerance processing fees
as proposed at 64 Fed. Reg. 31040, or any similar proposals. The
Environmental Protection Agency may proceed with the development of
such a rule.</DELETED>
<DELETED> Sec. 422. The Environmental Protection Agency may not use
any of the funds appropriated or otherwise made available by this Act
to implement the Registration Fee system codified at 40 Code of Federal
Regulations Subpart U (sections 152.400 et seq.) if its authority to
collect maintenance fees pursuant to FIFRA section 4(i)(5) is extended
for at least 1 year beyond September 30, 2001.</DELETED>
<DELETED> Sec. 423. Except in the case of entities that are funded
solely with Federal funds or any natural persons that are funded under
this Act, none of the funds in this Act shall be used for the planning
or execution of any program to pay the expenses of, or otherwise
compensate, non-Federal parties to lobby or litigate in respect to
adjudicatory proceedings funded in this Act. A chief executive officer
of any entity receiving funds under this Act shall certify that none of
these funds have been used to engage in the lobbying of the Federal
Government or in litigation against the United States unless authorized
under existing law.</DELETED>
<DELETED> Sec. 424. No part of any funds appropriated in this Act
shall be used by an agency of the executive branch, other than for
normal and recognized executive-legislative relationships, for
publicity or propaganda purposes, and for the preparation, distribution
or use of any kit, pamphlet, booklet, publication, radio, television or
film presentation designed to support or defeat legislation pending
before the Congress, except in presentation to the Congress
itself.</DELETED>
<DELETED> Sec. 425. All Departments and agencies funded under this
Act are encouraged, within the limits of the existing statutory
authorities and funding, to expand their use of ``E-Commerce''
technologies and procedures in the conduct of their business practices
and public service activities.</DELETED>
<DELETED> Sec. 426. Section 104(n)(4) of the Cerro Grande Fire
Assistance Act (Public Law 106-246) is amended by striking ``beginning
not later than the expiration of the 1-year period beginning on the
date of the enactment of this Act.'' and inserting ``within 120 days
after the Director issues the report required by subsection (n) in 2002
and 2003.''.</DELETED>
<DELETED> Sec. 427. None of the funds provided by this Act may be
used for the purpose of implementing any administrative proposal that
would require military retirees to make an ``irrevocable choice'' for
any specified period of time between Department of Veterans Affairs or
military health care under the new TRICARE for Life plan authorized in
the Floyd D. Spence National Defense Authorization Act for Fiscal Year
2001 (as enacted into law by Public 106-398).</DELETED>
<DELETED> Sec. 428. None of the funds appropriated by this Act may
be used to delay the national primary drinking water regulation for
Arsenic published on January 22, 2001, in the Federal Register (66 Fed.
Reg. pages 6976 through 7066, amending parts 141 through 142 of title
40 of the Code of Federal Regulations) or to propose or finalize a rule
to increase the levels of arsenic in drinking water permitted under
that regulation.</DELETED>
<DELETED>Minority Emergency Preparedness Demonstration
Program</DELETED>
<DELETED>establishment of program</DELETED>
<DELETED> Sec. 429. Subtitle B of title VI of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5197-5197g) is
amended by adding at the end the following:</DELETED>
<DELETED>``SEC. 629. MINORITY EMERGENCY PREPAREDNESS DEMONSTRATION
PROGRAM.</DELETED>
<DELETED> ``(a) In General.--The Director shall establish a minority
emergency preparedness demonstration program to research and promote
the capacity of minority communities to provide data, information, and
awareness education by providing grants to or executing contracts or
cooperative agreements with eligible nonprofit organizations to
establish and conduct such programs.</DELETED>
<DELETED> ``(b) Activities Supported.--An eligible nonprofit
organization may use a grant, contract, or cooperative agreement
awarded under this section--</DELETED>
<DELETED> ``(1) to conduct research into the status of
emergency preparedness and disaster response awareness in
African American and Hispanic households located in urban,
suburban, and rural communities, particularly in those States
and regions most impacted by natural and manmade disasters and
emergencies; and</DELETED>
<DELETED> ``(2) to develop and promote awareness of
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emergency preparedness education programs within minority
communities, including development and preparation of
culturally competent educational and awareness materials that
can be used to disseminate information to minority
organizations and institutions.</DELETED>
<DELETED> ``(c) Eligible Organizations.--A nonprofit organization is
eligible to be awarded a grant, contract, or cooperative agreement
under this section with respect to a program if the organization is a
nonprofit organization that is described in section 501(c)(3) of the
Internal Revenue Code of 1986 (26 U.S.C. 501(c)(3)) and exempt from tax
under section 501(a) of such Code, whose primary mission is to provide
services to communities predominately populated by minority citizens,
and that can demonstrate a partnership with a minority-owned business
enterprise or minority business located in a HUBZone (as defined in
section 3(p) of the Small Business Act (15 U.S.C. 632(p))) with respect
to the program.</DELETED>
<DELETED> ``(d) Use of Funds.--A recipient of a grant, contract, or
cooperative agreement awarded under this section may only use the
proceeds of the grant, contract, or agreement to--</DELETED>
<DELETED> ``(1) acquire expert professional services
necessary to conduct research in communities predominately
populated by minority citizens, with a primary emphasis on
African American and Hispanic communities;</DELETED>
<DELETED> ``(2) develop and prepare informational materials
to promote awareness among minority communities about emergency
preparedness and how to protect their households and
communities in advance of disasters;</DELETED>
<DELETED> ``(3) establish consortia with minority national
organizations, minority institutions of higher education, and
faith-based institutions to disseminate information about
emergency preparedness to minority communities; and</DELETED>
<DELETED> ``(4) implement a joint project with a minority
serving institution, including a part B institution (as defined
in section 322(2) of the Higher Education Act of 1965 (20
U.S.C. 1061(2))), an institution described in subparagraph (A),
(B), or (C) of section 326 of that Act (20 U.S.C.
1063b(e)(1)(A), (B), or (C)), and a Hispanic-serving
institution (as defined in section 502(a)(5) of that Act (20
U.S.C. 1101a(a)(5))).</DELETED>
<DELETED> ``(e) Application and Review Procedure.--To be eligible to
receive a grant, contract, or cooperative agreement under this section,
an organization must submit an application to the Director at such
time, in such manner, and accompanied by such information as the
Director may reasonably require. The Director shall establish a
procedure by which to accept such applications.</DELETED>
<DELETED> ``(f) Authorization of Appropriation.--There is authorized
to be appropriated to carry out this section $1,500,000 for fiscal year
2002 and such funds as may be necessary for fiscal years 2003 through
2007. Such sums shall remain available until expended.''.</DELETED>
<DELETED> Sec. 430. None of the funds made available in this Act may
be used by the Department of Veterans Affairs to implement any
provision of the April 2001 report entitled ``Plan for the Development
of a 25-Year General Use Plan for Department of Veterans Affairs West
Los Angeles Healthcare Center''.</DELETED>
<DELETED> Sec. 431. None of the funds made available by this Act may
be used to implement or enforce the requirement under section 12(c) of
the United States Housing Act of 1937 (42 U.S.C. 1437j(c); relating to
community service).</DELETED>
<DELETED> Sec. 432. No funds appropriated or otherwise made
available under this Act shall be made available to any person or
entity that has been convicted of violating the Buy American Act (41
U.S.C. 10a-10c).</DELETED>
<DELETED> This Act may be cited as the ``Departments of Veterans
Affairs and Housing and Urban Development, and Independent Agencies
Appropriations Act, 2002''.</DELETED>
That the following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, for the Departments of Veteran
Affairs and Housing and Urban Development, and for sundry independent
agencies, boards, commissions, corporations, and offices for the fiscal
year ending September 30, 2002, and for other purposes, namely:
TITLE I--DEPARTMENT OF VETERANS AFFAIRS
Veterans Benefits Administration
compensation and pensions
(including transfers of funds)
For the payment of compensation benefits to or on behalf of
veterans and a pilot program for disability examinations as authorized
by law (38 U.S.C. 107, chapters 11, 13, 18, 51, 53, 55, and 61);
pension benefits to or on behalf of veterans as authorized by law (38
U.S.C. chapters 15, 51, 53, 55, and 61; 92 Stat. 2508); and burial
benefits, emergency and other officers' retirement pay, adjusted-
service credits and certificates, payment of premiums due on commercial
life insurance policies guaranteed under the provisions of Article IV
of the Soldiers' and Sailors' Civil Relief Act of 1940, as amended, and
for other benefits as authorized by law (38 U.S.C. 107, 1312, 1977, and
2106, chapters 23, 51, 53, 55, and 61; 50 U.S.C. App. 540-548; 43 Stat.
122, 123; 45 Stat. 735; 76 Stat. 1198), $24,944,288,000, to remain
available until expended: Provided, That not to exceed $17,940,000 of
the amount appropriated shall be reimbursed to ``General operating
expenses'' and ``Medical care'' for necessary expenses in implementing
those provisions authorized in the Omnibus Budget Reconciliation Act of
1990, and in the Veterans' Benefits Act of 1992 (38 U.S.C. chapters 51,
53, and 55), the funding source for which is specifically provided as
the ``Compensation and pensions'' appropriation: Provided further, That
such sums as may be earned on an actual qualifying patient basis, shall
be reimbursed to ``Medical facilities revolving fund'' to augment the
funding of individual medical facilities for nursing home care provided
to pensioners as authorized.
readjustment benefits
For the payment of readjustment and rehabilitation benefits to or
on behalf of veterans as authorized by 38 U.S.C. chapters 21, 30, 31,
34, 35, 36, 39, 51, 53, 55, and 61, $2,135,000,000, to remain available
until expended: Provided, That expenses for rehabilitation program
services and assistance which the Secretary is authorized to provide
under section 3104(a) of title 38, United States Code, other than under
subsection (a)(1), (2), (5) and (11) of that section, shall be charged
to the account: Provided further, That funds shall be available to pay
any court order, court award or any compromise settlement arising from
litigation involving the vocational training program authorized by
section 18 of Public Law 98-77, as amended.
veterans insurance and indemnities
For military and naval insurance, national service life insurance,
servicemen's indemnities, service-disabled veterans insurance, and
veterans mortgage life insurance as authorized by 38 U.S.C. chapter 19;
70 Stat. 887; 72 Stat. 487, $26,200,000, to remain available until
expended.
veterans housing benefit program fund program account
(including transfer of funds)
For the cost of direct and guaranteed loans, such sums as may be
necessary to carry out the program, as authorized by 38 U.S.C. chapter
37, as amended: Provided, That such costs, including the cost of
modifying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974, as amended: Provided further, That
during fiscal year 2002, within the resources available, not t
2000
o exceed
$300,000 in gross obligations for direct loans are authorized for
specially adapted housing loans.
In addition, for administrative expenses to carry out the direct
and guaranteed loan programs, $164,497,000, which may be transferred to
and merged with the appropriation for ``General operating expenses''.
education loan fund program account
(including transfer of funds)
For the cost of direct loans, $1,000, as authorized by 38 U.S.C.
3698, as amended: Provided, That such costs, including the cost of
modifying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974, as amended: Provided further, That
these funds are available to subsidize gross obligations for the
principal amount of direct loans not to exceed $3,400.
In addition, for administrative expenses necessary to carry out the
direct loan program, $64,000, which may be transferred to and merged
with the appropriation for ``General operating expenses''.
vocational rehabilitation loans program account
(including transfer of funds)
For the cost of direct loans, $72,000, as authorized by 38 U.S.C.
chapter 31, as amended: Provided, That such costs, including the cost
of modifying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974, as amended: Provided further, That
these funds are available to subsidize gross obligations for the
principal amount of direct loans not to exceed $3,301,000.
In addition, for administrative expenses necessary to carry out the
direct loan program, $274,000, which may be transferred to and merged
with the appropriation for ``General operating expenses''.
native american veteran housing loan program account
(including transfer of funds)
For administrative expenses to carry out the direct loan program
authorized by 38 U.S.C. chapter 37, subchapter V, as amended, $544,000,
which may be transferred to and merged with the appropriation for
``General operating expenses''.
guaranteed transitional housing loans for homeless veterans program
account
(including transfer of funds)
Not to exceed $750,000 of the amounts appropriated by this Act for
``General operating expenses'' and ``Medical care'' may be expended for
the administrative expenses to carry out the guaranteed loan program
authorized by 38 U.S.C. chapter 37, subchapter VI.
Veterans Health Administration
medical care
(including transfer of funds)
For necessary expenses for the maintenance and operation of
hospitals, nursing homes, and domiciliary facilities; for furnishing,
as authorized by law, inpatient and outpatient care and treatment to
beneficiaries of the Department of Veterans Affairs, including care and
treatment in facilities not under the jurisdiction of the department;
and furnishing recreational facilities, supplies, and equipment;
funeral, burial, and other expenses incidental thereto for
beneficiaries receiving care in the department; administrative expenses
in support of planning, design, project management, real property
acquisition and disposition, construction and renovation of any
facility under the jurisdiction or for the use of the department;
oversight, engineering and architectural activities not charged to
project cost; repairing, altering, improving or providing facilities in
the several hospitals and homes under the jurisdiction of the
department, not otherwise provided for, either by contract or by the
hire of temporary employees and purchase of materials; uniforms or
allowances therefor, as authorized by 5 U.S.C. 5901-5902; aid to State
homes as authorized by 38 U.S.C. 1741; administrative and legal
expenses of the department for collecting and recovering amounts owed
the department as authorized under 38 U.S.C. chapter 17, and the
Federal Medical Care Recovery Act, 42 U.S.C. 2651 et seq.,
$21,379,742,000, plus reimbursements: Provided, That of the funds made
available under this heading, $675,000,000 is for the equipment and
land and structures object classifications only, which amount shall not
become available for obligation until August 1, 2002, and shall remain
available until September 30, 2003: Provided further, That of the funds
made available under this heading, not to exceed $900,000,000 shall be
available until September 30, 2003: Provided further, That, in addition
to other funds made available under this heading for non-recurring
maintenance and repair (NRM) activities, $30,000,000 shall be available
without fiscal year limitation to support the NRM activities necessary
to implement Capital Asset Realignment for Enhanced Services (CARES)
activities: Provided further, That from amounts appropriated under this
heading, additional amounts, as designated by the Secretary no later
than September 30, 2002, may be used for CARES activities without
fiscal year limitation: Provided further, That the Secretary of
Veterans Affairs shall conduct by contract a program of recovery audits
for the fee basis and other medical services contracts with respect to
payments for hospital care; and, notwithstanding 31 U.S.C. 3302(b),
amounts collected, by setoff or otherwise, as the result of such audits
shall be available, without fiscal year limitation, for the purposes
for which funds are appropriated under this heading and the purposes of
paying a contractor a percent of the amount collected as a result of an
audit carried out by the contractor: Provided further, That all amounts
so collected under the preceding proviso with respect to a designated
health care region (as that term is defined in 38 U.S.C. 1729A(d)(2))
shall be allocated, net of payments to the contractor, to that region.
In addition, in conformance with Public Law 105-33 establishing the
Department of Veterans Affairs Medical Care Collections Fund, such sums
as may be deposited to such Fund pursuant to 38 U.S.C. 1729A may be
transferred to this account, to remain available until expended for the
purposes of this account.
medical and prosthetic research
For necessary expenses in carrying out programs of medical and
prosthetic research and development as authorized by 38 U.S.C. chapter
73, to remain available until September 30, 2003, $390,000,000, plus
reimbursements.
medical administration and miscellaneous operating expenses
For necessary expenses in the administration of the medical,
hospital, nursing home, domiciliary, construction, supply, and research
activities, as authorized by law; administrative expenses in support of
capital policy activities, $67,628,000, plus reimbursements: Provided,
That technical and consulting services offered by the Facilities
Management Field Service, including project management and real
property administration (including leases, site acquisition and
disposal activities directly supporting projects), shall be provided to
Department of Veterans Affairs components only on a reimbursable basis,
and such amounts will remain available until September 30, 2002.
Departmental Administration
general operating expenses
For necessary operating expenses of the Department of Veterans
Affairs, not otherwise provided for, including uniforms or allowances
therefor; not to exceed $25,000 for official reception and
representation expenses; hire of passenger motor vehicles; and
reimbursement of the General Services Administration for security guard
services, and the Department of Defense for the cost of overseas
employee mail, $1,194,831,000: Provided, That expenses for services and
assistance authorized under 38 U.S.C. 3104(a)(1), (2), (5) and (11)
that the Secretary determines are necessary to enable entitled veterans
(1) to the maximum extent feasible, to become employable and to obtain
and maintain suitable employment; or (2) to achieve maximum
independence in daily
2000
living, shall be charged to this account:
Provided further, That of the funds made available under this heading,
not to exceed $60,000,000 shall be available until September 30, 2003:
Provided further, That of the funds made available under this heading,
the Veterans Benefits Administration may purchase up to four passenger
motor vehicles for use in their Manila, Philippines operation: Provided
further, That travel expenses for this account shall not exceed
$15,665,000.
national cemetery administration
For necessary expenses of the National Cemetery Administration for
operations and maintenance, not otherwise provided for, including
uniforms or allowances therefor; cemeterial expenses as authorized by
law; purchase of one passenger motor vehicle for use in cemeterial
operations; and hire of passenger motor vehicles, $121,169,000.
office of inspector general
For necessary expenses of the Office of Inspector General in
carrying out the Inspector General Act of 1978, as amended,
$48,308,000.
construction, major projects
For constructing, altering, extending and improving any of the
facilities under the jurisdiction or for the use of the Department of
Veterans Affairs, or for any of the purposes set forth in sections 316,
2404, 2406, 8102, 8103, 8106, 8108, 8109, 8110, and 8122 of title 38,
United States Code, including planning, architectural and engineering
services, maintenance or guarantee period services costs associated
with equipment guarantees provided under the project, services of
claims analysts, offsite utility and storm drainage system construction
costs, and site acquisition, where the estimated cost of a project is
$4,000,000 or more or where funds for a project were made available in
a previous major project appropriation, $155,180,000, to remain
available until expended, of which $60,000,000 shall be for Capital
Asset Realignment for Enhanced Services (CARES) activities; and of
which not to exceed $20,000,000 shall be for costs associated with land
acquisitions for national cemeteries in the vicinity of Sacramento,
California; Pittsburgh, Pennsylvania; and Detroit, Michigan: Provided,
That except for advance planning activities (including market-based and
other assessments of needs which may lead to capital investments)
funded through the advance planning fund, design of projects funded
through the design fund, and planning and design activities funded
through the CARES fund (including market-based and other assessments of
needs which may lead to capital investments), none of these funds shall
be used for any project which has not been approved by the Congress in
the budgetary process: Provided further, That funds provided in this
appropriation for fiscal year 2002, for each approved project (except
those for CARES activities and the three land acquisitions referenced
above) shall be obligated: (1) by the awarding of a construction
documents contract by September 30, 2002; and (2) by the awarding of a
construction contract by September 30, 2003: Provided further, That the
Secretary shall promptly report in writing to the Committees on
Appropriations any approved major construction project in which
obligations are not incurred within the time limitations established
above: Provided further, That no funds from any other account except
the ``Parking revolving fund'', may be obligated for constructing,
altering, extending, or improving a project which was approved in the
budget process and funded in this account until one year after
substantial completion and beneficial occupancy by the Department of
Veterans Affairs of the project or any part thereof with respect to
that part only.
construction, minor projects
For constructing, altering, extending, and improving any of the
facilities under the jurisdiction or for the use of the Department of
Veterans Affairs, including planning and assessments of needs which may
lead to capital investments, architectural and engineering services,
maintenance or guarantee period services costs associated with
equipment guarantees provided under the project, services of claims
analysts, offsite utility and storm drainage system construction costs,
and site acquisition, or for any of the purposes set forth in sections
316, 2404, 2406, 8102, 8103, 8106, 8108, 8109, 8110, 8122, and 8162 of
title 38, United States Code, where the estimated cost of a project is
less than $4,000,000, $178,900,000, to remain available until expended,
along with unobligated balances of previous ``Construction, minor
projects'' appropriations which are hereby made available for any
project where the estimated cost is less than $4,000,000, of which
$25,000,000 shall be for Capital Asset Realignment for Enhanced
Services (CARES) activities: Provided, That from amounts appropriated
under this heading, additional amounts may be used for CARES
activities: Provided further, That funds in this account shall be
available for: (1) repairs to any of the nonmedical facilities under
the jurisdiction or for the use of the department which are necessary
because of loss or damage caused by any natural disaster or
catastrophe; and (2) temporary measures necessary to prevent or to
minimize further loss by such causes.
parking revolving fund
For the parking revolving fund as authorized by 38 U.S.C. 8109,
income from fees collected and $4,000,000 from the General Fund, both
to remain available until expended, which shall be available for all
authorized expenses except operations and maintenance costs, which will
be funded from ``Medical care''.
grants for construction of state extended care facilities
For grants to assist States to acquire or construct State nursing
home and domiciliary facilities and to remodel, modify or alter
existing hospital, nursing home and domiciliary facilities in State
homes, for furnishing care to veterans as authorized by 38 U.S.C. 8131-
8137, $100,000,000, to remain available until expended.
grants for the construction of state veterans cemeteries
For grants to aid States in establishing, expanding, or improving
State veterans cemeteries as authorized by 38 U.S.C. 2408, $25,000,000,
to remain available until expended.
Administrative Provisions
(including transfer of funds)
Sec. 101. Any appropriation for fiscal year 2002 for ``Compensation
and pensions'', ``Readjustment benefits'', and ``Veterans insurance and
indemnities'' may be transferred to any other of the mentioned
appropriations.
Sec. 102. Appropriations available to the Department of Veterans
Affairs for fiscal year 2002 for salaries and expenses shall be
available for services authorized by 5 U.S.C. 3109.
Sec. 103. No appropriations in this Act for the Department of
Veterans Affairs (except the appropriations for ``Construction, major
projects'', ``Construction, minor projects'', and the ``Parking
revolving fund'') shall be available for the purchase of any site for
or toward the construction of any new hospital or home.
Sec. 104. No appropriations in this Act for the Department of
Veterans Affairs shall be available for hospitalization or examination
of any persons (except beneficiaries entitled under the laws bestowing
such benefits to veterans, and persons receiving such treatment under 5
U.S.C. 7901-7904 or 42 U.S.C. 5141-5204), unless reimbursement of cost
is made to the ``Medical care'' account at such rates as may be fixed
by the Secretary of Veterans Affairs.
Sec. 105. Appropriations available to the Department of Veterans
Affairs for fiscal year 2002 for ``Compensation and pensions'',
``Readjustment benefits'', and ``Veterans insurance and indemnities''
shall be available for payment of prior year accrued obligations
required to be recorded by law against the corresponding prior year
accounts within the last quarter of fiscal year 2001.
Sec. 106. Appropriations accounts available to the Department of
Veter
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ans Affairs for fiscal year 2002 shall be available to pay prior
year obligations of corresponding prior year appropriations accounts
resulting from title X of the Competitive Equality Banking Act, Public
Law 100-86, except that if such obligations are from trust fund
accounts they shall be payable from ``Compensation and pensions''.
Sec. 107. Notwithstanding any other provision of law, during fiscal
year 2002, the Secretary of Veterans Affairs shall, from the National
Service Life Insurance Fund (38 U.S.C. 1920), the Veterans' Special
Life Insurance Fund (38 U.S.C. 1923), and the United States Government
Life Insurance Fund (38 U.S.C. 1955), reimburse the ``General operating
expenses'' account for the cost of administration of the insurance
programs financed through those accounts: Provided, That reimbursement
shall be made only from the surplus earnings accumulated in an
insurance program in fiscal year 2002, that are available for dividends
in that program after claims have been paid and actuarially determined
reserves have been set aside: Provided further, That if the cost of
administration of an insurance program exceeds the amount of surplus
earnings accumulated in that program, reimbursement shall be made only
to the extent of such surplus earnings: Provided further, That the
Secretary shall determine the cost of administration for fiscal year
2002, which is properly allocable to the provision of each insurance
program and to the provision of any total disability income insurance
included in such insurance program.
Sec. 108. For fiscal year 2002 only, funds available in any
Department of Veterans Affairs appropriation or fund for salaries and
other administrative expenses shall also be available to reimburse the
Office of Resolution Management and the Office of Employment
Discrimination Complaint Adjudication for all services provided at
rates which will recover actual costs. Payments may be made in advance
for services to be furnished, based on estimated costs. Amounts
received shall be credited to the General Operating Expenses account
for use by the office that provided the service. Total resources
available to these offices for fiscal year 2002 shall not exceed
$28,550,000 for the Office of Resolution Management and $2,383,000 for
the Office of Employment and Discrimination Complaint Adjudication.
Sec. 109. Notwithstanding any other provision of law, the
Department of Veterans Affairs shall continue the Franchise Fund pilot
program authorized to be established by section 403 of Public Law 103-
356 until October 1, 2002: Provided, That the Franchise Fund,
established by Title I of Public Law 104-204 to finance the operations
of the Franchise Fund pilot program, shall continue until October 1,
2002.
Sec. 110. (a) Study of Viscosupplementation.--The Secretary of
Veterans Affairs shall carry out a study of the benefits and costs of
using viscosupplementation as a means of treating degenerative knee
diseases in veterans instead of, or as a means of delaying, knee
replacement. The study shall consider the benefits and costs of the
procedure for veterans and the effect of the use of the procedure on
the provision of medical care by the Department of Veterans Affairs.
(b) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary shall submit to Congress a report
on the study carried out under subsection (a). The report shall set
forth the results of the study, and include such other information
regarding the study, including recommendations as a result of the
study, as the Secretary considers appropriate.
(c) Funding.--The Secretary shall carry out the study under
subsection (a) using amounts available to the Secretary under this
title under the heading ``medical and prosthetic research''.
Sec. 111. (a) Eligibility of North Dakota Veterans Cemetery for Aid
Regarding Veterans Cemeteries.--The Secretary of Veterans Affairs shall
treat the North Dakota Veterans Cemetery, Mandan, North Dakota, as a
veterans cemetery owned by the State of North Dakota for purposes of
making grants to States in expanding or improving veterans cemeteries
under section 2408 of title 38, United States Code.
(b) Applicability.--This section shall take effect on the date of
enactment of this Act, and shall apply with respect to grants under
section 2408 of title 38, United States Code, that occur on or after
that date.
Sec. 112. Notwithstanding any other provision of this Act, none of
the funds appropriated or otherwise made available in this Act for
``Medical care'' appropriations of the Department of Veterans Affairs
may be obligated for the realignment of the health care delivery system
in Veterans Integrated Service Network 12 (VISN 12) until 60 days after
the Secretary of Veterans Affairs certifies that the Department has:
(1) consulted with veterans organizations, medical school affiliates,
employee representatives, State veterans and health associations, and
other interested parties with respect to the realignment plan to be
implemented; and (2) made available to the Congress and the public
information from the consultations regarding possible impacts on the
accessibility of veterans health care services to affected veterans.
TITLE II--DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Public and Indian Housing
housing certificate fund
(including rescission and transfers of funds)
For activities and assistance to prevent the involuntary
displacement of low-income families, the elderly and the disabled
because of the loss of affordable housing stock, expiration of subsidy
contracts (other than contracts for which amounts are provided under
another heading in this Act) or expiration of use restrictions, or
other changes in housing assistance arrangements, and for other
purposes, $15,658,769,000 and amounts that are recaptured in this
account to remain available until expended: Provided, That of the total
amount provided under this heading, $15,506,746,000, of which
$11,306,746,000 shall be available on October 1, 2001 and
$4,200,000,000 shall be available on October 1, 2002 shall be for
assistance under the United States Housing Act of 1937, as amended
(``the Act'' herein) (42 U.S.C. 1437): Provided further, That the
foregoing amounts shall be for use in connection with expiring or
terminating section 8 subsidy contracts, for amendments to section 8
subsidy contracts, for enhanced vouchers (including amendments and
renewals) under any provision of law authorizing such assistance under
section 8(t) of the Act (47 U.S.C. 1437f(t)), contract administrators,
and contracts entered into pursuant to section 441 of the McKinney-
Vento Homeless Assistance Act: Provided further, That amounts available
under the first proviso under this heading shall be available for
section 8 rental assistance under the Act: (1) for the relocation and
replacement of housing units that are demolished or disposed of
pursuant to the Omnibus Consolidated Rescissions and Appropriations Act
of 1996; (2) for the conversion of section 23 projects to assistance
under section 8; (3) for funds to carry out the family unification
program; (4) for the relocation of witnesses in connection with efforts
to combat crime in public and assisted housing pursuant to a request
from a law enforcement or prosecution agency; (5) for tenant protection
assistance, including replacement and relocation assistance; and (6)
for the 1-year renewal of section 8 contracts at current rents for
units in a project that is subject to an approved plan of action under
the Emergency Low Income Housing Preservation Act of 1987 or the Low-
Income Housing Preservation and Resident Homeownership Act of 1990:
Provided further, That of the total amount provided under this heading,
no less than $13,400,000 shall be transferred to the Working Capital
Fund for the development and maintenance of information technology
systems: Provided further, That of the total amount provided under this
h
2000
eading, $40,000,000 shall be made available to nonelderly disabled
families affected by the designation of a public housing development
under section 7 of the Act, the establishment of preferences in
accordance with section 651 of the Housing and Community Development
Act of 1992 (42 U.S.C. 1361l), or the restriction of occupancy to
elderly families in accordance with section 658 of such Act, and to the
extent the Secretary determines that such amount is not needed to fund
applications for such affected families, to other nonelderly disabled
families: Provided further, That of the total amount provided under
this heading, $98,623,000 shall be made available for incremental
vouchers under section 8 of the Act on a fair share basis to those
public housing agencies that have no less than 97 percent occupancy
rate: Provided further, That amounts available under this heading may
be made available for administrative fees and other expenses to cover
the cost of administering rental assistance programs under section 8 of
the Act: Provided further, That the fee otherwise authorized under
section 8(q) of such Act shall be determined in accordance with section
8(q), as in effect immediately before the enactment of the Quality
Housing and Work Responsibility Act of 1998: Provided further, That
$615,000,000 are rescinded from unobligated balances remaining from
funds appropriated to the Department of Housing and Urban Development
under this heading or the heading ``Annual contributions for assisted
housing'' for fiscal year 2002 and prior years: Provided further, That,
after the amount is rescinded under the previous proviso, to the extent
an additional amount is available for rescission from unobligated
balances remaining for funds appropriated to the Department of Housing
and Urban Development under this heading or the heading ``Annual
contributions for assisted housing'' for fiscal year 2002 and prior
years, such amount shall be made available on a pro-rata basis, no
sooner than September 1, 2002, and shall be transferred for use under
the ``Research and Related Activities'' account of the National Science
Foundation, and shall be transferred for use under the ``Science,
Aeronautics and Technology'' account of the National Aeronautics and
Space Administration, and shall be transferred for use under the ``HOME
investment partnership program'' account of the Department of Housing
and Urban Development for the production of mixed-income housing for
which this amount shall be used to assist the construction of units
that serve extremely low-income families, and shall be transferred for
use under the ``Housing for Special Populations'' account of the
Department of Housing and Urban Development: Provided further, That the
Secretary shall have until September 30, 2002, to meet the rescissions
in the preceding provisos: Provided further, That any obligated
balances of contract authority that have been terminated shall be
canceled.
public housing capital fund
(including transfer of funds)
For the Public Housing Capital Fund Program to carry out capital
and management activities for public housing agencies, as authorized
under section 9 of the United States Housing Act of 1937, as amended
(42 U.S.C. 1437), $2,943,400,000, to remain available until September
30, 2003, of which up to $50,000,000 shall be for carrying out
activities under section 9(h) of such Act, up to $500,000 shall be for
lease adjustments to section 23 projects and no less than $43,000,000
shall be transferred to the Working Capital Fund for the development
and maintenance of information technology systems: Provided, That no
funds may be used under this heading for the purposes specified in
section 9(k) of the United States Housing Act of 1937, as amended:
Provided further, That of the total amount, up to $75,000,000 shall be
available for the Secretary of Housing and Urban Development to make
grants to public housing agencies for emergency capital needs resulting
from emergencies and natural disasters in fiscal year 2002.
public housing operating fund
For payments to public housing agencies for the operation and
management of public housing, as authorized by section 9(e) of the
United States Housing Act of 1937, as amended (42 U.S.C. 1437g),
$3,384,868,000, to remain available until September 30, 2003: Provided,
That no funds may be used under this heading for the purposes specified
in section 9(k) of the United States Housing Act of 1937, as amended.
drug elimination grants for low-income housing
For grants to public housing agencies and Indian tribes and their
tribally designated housing entities for use in eliminating crime in
public housing projects authorized by 42 U.S.C. 11901-11908, for grants
for federally assisted low-income housing authorized by 42 U.S.C.
11909, and for drug information clearinghouse services authorized by 42
U.S.C. 11921-11925, $300,000,000, to remain available until expended:
Provided, That of the total amount provided under this heading, up to
$3,000,000 shall be solely for technical assistance, technical
assistance grants, training, and program assessment for or on behalf of
public housing agencies, resident organizations, and Indian tribes and
their tribally designated housing entities (including up to $150,000
for the cost of necessary travel for participants in such training) for
oversight, training and improved management of this program; $2,000,000
shall be available to the Boys and Girls Clubs of America for the
operating and start-up costs of clubs located in or near, and primarily
serving residents of, public housing and housing assisted under the
Native American Housing Assistance and Self-Determination Act of 1996:
Provided further, That of the amount under this heading, $20,000,000
shall be available for the New Approach Anti-Drug program which will
provide competitive grants to entities managing or operating public
housing developments, federally assisted multifamily housing
developments, or other multifamily housing developments for low-income
families supported by non-Federal governmental entities or similar
housing developments supported by nonprofit private sources in order to
provide or augment security (including personnel costs), to assist in
the investigation and/or prosecution of drug-related criminal activity
in and around such developments, and to provide assistance for the
development of capital improvements at such developments directly
relating to the security of such developments: Provided further, That
grants for the New Approach Anti-Drug program shall be made on a
competitive basis as specified in section 102 of the Department of
Housing and Urban Development Reform Act of 1989.
revitalization of severely distressed public housing (hope vi)
For grants to public housing agencies for demolition, site
revitalization, replacement housing, and tenant-based assistance grants
to projects as authorized by section 24 of the United States Housing
Act of 1937, as amended, $573,735,000 to remain available until
September 30, 2003, of which the Secretary may use up to $7,500,000 for
technical assistance and contract expertise, to be provided directly or
indirectly by grants, contracts or cooperative agreements, including
training and cost of necessary travel for participants in such
training, by or to officials and employees of the department and of
public housing agencies and to residents: Provided, That none of such
funds shall be used directly or indirectly by granting competitive
advantage in awards to settle litigation or pay judgments, unless
expressly permitted herein.
native american housing block grants
(including transfers of funds)
For the Native American Housing Block Grants program, as authorized
under title I of the Native American Housing Assistance and Self-
Determination Act of 1996 (NAHASDA) (Public Law 104-330), $648,570,000,
to remain available until expended, of wh
2000
ich $2,200,000 shall be
contracted through the Secretary as technical assistance and capacity
building to be used by the National American Indian Housing Council in
support of the implementation of NAHASDA; $5,000,000 shall be to
support the inspection of Indian housing units, contract expertise, and
technical assistance in the training, oversight, and management of
Indian housing and tenant-based assistance, including up to $300,000
for related travel; and no less than $3,000,000 shall be transferred to
the Working Capital Fund for the development and maintenance of
information technology systems: Provided, That of the amount provided
under this heading, $5,987,000 shall be made available for the cost of
guaranteed notes and other obligations, as authorized by title VI of
NAHASDA: Provided further, That such costs, including the costs of
modifying such notes and other obligations, shall be as defined in
section 502 of the Congressional Budget Act of 1974, as amended:
Provided further, That these funds are available to subsidize the total
principal amount of any notes and other obligations, any part of which
is to be guaranteed, not to exceed $54,600,000: Provided further, That
the Secretary of Housing and Urban Development (Secretary) may provide
technical and financial assistance to the Turtle Mountain Band of
Chippewa for emergency housing, housing assistance, and other
assistance to address the mold problem at the Turtle Mountain Indian
Reservation: Provided further, That the Secretary shall work with the
Turtle Mountain Band of Chippewa, the Federal Emergency Management
Agency, the Indian Health Service, the Bureau of Indian Affairs, and
other appropriate Federal agencies in developing a plan to maximize
Federal resources to address the emergency housing needs and related
problems: Provided further, That for administrative expenses to carry
out the guaranteed loan program, up to $150,000 from amounts in the
first proviso, which shall be transferred to and merged with the
appropriation for ``Salaries and expenses'', to be used only for the
administrative costs of these guarantees.
indian housing loan guarantee fund program account
(including transfer of funds)
For the cost of guaranteed loans, as authorized by section 184 of
the Housing and Community Development Act of 1992 (106 Stat. 3739),
$5,987,000, to remain available until expended: Provided, That such
costs, including the costs of modifying such loans, shall be as defined
in section 502 of the Congressional Budget Act of 1974, as amended:
Provided further, That these funds are available to subsidize total
loan principal, any part of which is to be guaranteed, not to exceed
$234,283,000.
In addition, for administrative expenses to carry out the
guaranteed loan program, up to $200,000 from amounts in the first
paragraph, which shall be transferred to and merged with the
appropriation for ``Salaries and expenses'', to be used only for the
administrative costs of these guarantees.
native hawaiian housing loan guarantee fund
(including transfer of funds)
For the cost of guaranteed loans, as authorized by section 184A of
the Housing and Community Development Act of 1992 (12 U.S.C. 1715z-
13a), $1,000,000, to remain available until expended: Provided, That
such costs, including the costs of modifying such loans, shall be as
defined in section 502 of the Congressional Budget Act of 1974, as
amended: Provided further, That these funds are available to subsidize
total loan principal, any part of which is to be guaranteed, not to
exceed $40,000,000.
In addition, for administrative expenses to carry out the
guaranteed loan program, up to $35,000 from amounts in the first
paragraph, which shall be transferred to and merged with the
appropriation for ``Salaries and expenses'', to be used only for the
administrative costs of these guarantees.
Community Planning and Development
housing opportunities for persons with aids
For carrying out the Housing Opportunities for Persons with AIDS
program, as authorized by the AIDS Housing Opportunity Act (42 U.S.C.
12901), $277,432,000, to remain available until September 30, 2003:
Provided, That the Secretary shall renew all expiring contracts that
were funded under section 854(c)(3) of such Act that meet all program
requirements before awarding funds for new contracts and activities
authorized under this section: Provided further, That the Secretary may
use up to $2,000,000 of the funds under this heading for training,
oversight, and technical assistance activities.
Rural Housing and Economic Development
For the Office of Rural Housing and Economic Development in the
Department of Housing and Urban Development, $25,000,000 to remain
available until expended, which amount shall be awarded by June 1,
2002, to Indian tribes, State housing finance agencies, State community
and/or economic development agencies, local rural nonprofits and
community development corporations to support innovative housing and
economic development activities in rural areas: Provided, That all
grants shall be awarded on a competitive basis as specified in section
102 of the HUD Reform Act.
Empowerment Zones/Enterprise Communities
For grants in connection with a second round of empowerment zones
and enterprise communities, $75,000,000, to remain available until
expended, for ``Urban Empowerment Zones'', as authorized in the
Taxpayer Relief Act of 1997, including $5,000,000 for each empowerment
zone for use in conjunction with economic development activities
consistent with the strategic plan of each empowerment zone.
community development fund
(including transfers of funds)
For assistance to units of State and local government, and to other
entities, for economic and community development activities, and for
other purposes, $5,012,993,000, to remain available until September 30,
2004: Provided, That of the amount provided, $4,801,993,000 is for
carrying out the community development block grant program under title
I of the Housing and Community Development Act of 1974, as amended (the
``Act'' herein) (42 U.S.C. 5301): Provided further, That $71,000,000
shall be for flexible grants to Indian tribes notwithstanding section
106(a)(1) of such Act; $3,000,000 shall be available as a grant to the
Housing Assistance Council; $2,600,000 shall be available as a grant to
the National American Indian Housing Council; and $45,500,000 shall be
for grants pursuant to section 107 of the Act of which $4,000,000 shall
be made available to support Alaska Native serving institutions and
Native Hawaiian serving institutions as defined under the Higher
Education Act, as amended, and of which $3,000,000 shall be made
available to tribal colleges and universities to build, expand,
renovate and equip their facilities: Provided further, That $10,000,000
shall be made available to the Department of Hawaiian Home Lands to
provide assistance as authorized under the Hawaiian Homelands
Homeownership Act of 2000 (with no more than 5 percent of such funds
being available for administrative costs): Provided further, That no
less than $15,000,000 shall be transferred to the Working Capital Fund
for the development and maintenance of information technology systems:
Provided further, That $20,000,000 shall be for grants pursuant to the
Self Help Housing Opportunity Program: Provided further, That not to
exceed 20 percent of any grant made with funds appropriated herein
(other than a grant made available in this paragraph to the Housing
Assistance Council or the National American Indian Housing Council, or
a grant using funds under section 107(b)(3) of the Act) shall be
expended for ``Planning and Management Development'' and
``Administration'' as defined in regulations promulgated by the
department.
Of the amount made available under this heading, $28,450,000 shall
be made available for
2000
capacity building, of which $25,000,000 shall be
made available for ``Capacity Building for Community Development and
Affordable Housing'' for LISC and the Enterprise Foundation, for
activities as authorized by section 4 of the HUD Demonstration Act of
1993 (Public Law 103-120), as in effect immediately before June 12,
1997, with not less than $5,000,000 of the funding to be used in rural
areas, including tribal areas, and of which $3,450,000 shall be for
capacity building activities administered by Habitat for Humanity
International.
Of the amount made available under this heading, the Secretary of
Housing and Urban Development may use up to $55,000,000 for supportive
services for public housing residents, as authorized by section 34 of
the United States Housing Act of 1937, as amended, and for residents of
housing assisted under the Native American Housing Assistance and Self-
Determination Act of 1996 (NAHASDA) and for grants for service
coordinators and congregate services for the elderly and disabled
residents of public and assisted housing and housing assisted under
NAHASDA.
Of the amount made available under this heading, $80,000,000 is for
grants to create or expand community technology centers in high poverty
urban and rural communities and to provide technical assistance to
those centers.
Of the amount made available under this heading, $25,000,000 shall
be available for neighborhood initiatives that are utilized to improve
the conditions of distressed and blighted areas and neighborhoods, to
stimulate investment, economic diversification, and community
revitalization in areas with population outmigration or a stagnating or
declining economic base, or to determine whether housing benefits can
be integrated more effectively with welfare reform initiatives.
Of the amount made available under this heading, notwithstanding
any other provision of law, $70,000,000 shall be available for
YouthBuild program activities authorized by subtitle D of title IV of
the Cranston-Gonzalez National Affordable Housing Act, as amended, and
such activities shall be an eligible activity with respect to any funds
made available under this heading: Provided, That local YouthBuild
programs that demonstrate an ability to leverage private and nonprofit
funding shall be given a priority for YouthBuild funding: Provided
further, That no more than ten percent of any grant award may be used
for administrative costs: Provided further, That not less than
$10,000,000 shall be available for grants to establish Youthbuild
programs in underserved and rural areas: Provided further, That of the
amount provided under this paragraph, $2,000,000 shall be set aside and
made available for a grant to YouthBuild USA for capacity building for
community development and affordable housing activities as specified in
section 4 of the HUD Demonstration Act of 1993, as amended.
Of the amount made available under this heading, $140,000,000 shall
be available for grants for the Economic Development Initiative (EDI)
to finance a variety of economic development efforts in accordance with
the terms and conditions specified for such grants in the Senate report
accompanying this Act.
community development loan guarantees program account
(including transfer of funds)
For the cost of guaranteed loans, $14,000,000, as authorized by
section 108 of the Housing and Community Development Act of 1974, as
amended: Provided, That such costs, including the cost of modifying
such loans, shall be as defined in section 502 of the Congressional
Budget Act of 1974, as amended: Provided further, That these funds are
available to subsidize total loan principal, any part of which is to be
guaranteed, not to exceed $608,696,000, notwithstanding any aggregate
limitation on outstanding obligations guaranteed in section 108(k) of
the Housing and Community Development Act of 1974, as amended: Provided
further, That in addition, for administrative expenses to carry out the
guaranteed loan program, $1,000,000, which shall be transferred to and
merged with the appropriation for ``Salaries and expenses''.
brownfields redevelopment
For Economic Development Grants, as authorized by section 108(q) of
the Housing and Community Development Act of 1974, as amended, for
Brownfields redevelopment projects, $25,000,000, to remain available
until September 30, 2003: Provided, That the Secretary of Housing and
Urban Development shall make these grants available on a competitive
basis as specified in section 102 of the Department of Housing and
Urban Development Reform Act of 1989.
home investment partnerships program
(including transfer of funds)
For the HOME investment partnerships program, as authorized under
title II of the Cranston-Gonzalez National Affordable Housing Act, as
amended, $1,796,040,000 to remain available until September 30, 2004,
of which up to $20,000,000 of these funds shall be available for
Housing Counseling under section 106 of the Housing and Urban
Development Act of 1968; and of which no less than $17,000,000 shall be
transferred to the Working Capital Fund for the development and
maintenance of information technology systems.
homeless assistance grants
(including transfer of funds)
For the emergency shelter grants program as authorized under
subtitle B of title IV of the McKinney-Vento Homeless Assistance Act,
as amended; the supportive housing program as authorized under subtitle
C of title IV of such Act; the section 8 moderate rehabilitation single
room occupancy program as authorized under the United States Housing
Act of 1937, as amended, to assist homeless individuals pursuant to
section 441 of the McKinney-Vento Homeless Assistance Act; and the
shelter plus care program as authorized under subtitle F of title IV of
such Act, $1,022,745,000, to remain available until September 30, 2004:
Provided, That not less than 30 percent of these funds shall be used
for permanent housing, and all funding for services must be matched by
25 percent in funding by each grantee: Provided further, That all
awards of assistance under this heading shall be required to coordinate
and integrate homeless programs with other mainstream health, social
services, and employment programs for which homeless populations may be
eligible, including Medicaid, State Children's Health Insurance
Program, Temporary Assistance for Needy Families, Food Stamps, and
services funding through the Mental Health and Substance Abuse Block
Grant, Workforce Investment Act, and the Welfare-to-Work grant program:
Provided further, That no less than $14,200,000 of the funds
appropriated under this heading is transferred to the Working Capital
Fund to be used for technical assistance for management information
systems and to develop an automated, client-level Annual Performance
Report System: Provided further, That $500,000 shall be made available
to the Interagency Council on the Homeless for administrative needs.
shelter plus care renewals
For the renewal on an annual basis of contracts expiring during
fiscal years 2002 and 2003 or amendment of contracts funded under the
Shelter Plus Care program, as authorized under subtitle F of title IV
of the McKinney-Vento Homeless Assistance Act, as amended, $99,780,000,
to remain available until expended: Provided, That each Shelter Plus
Care project with an expiring contract shall be eligible for renewal
only if the project is determined to be needed under the applicable
continuum of care and meets appropriate program requirements and
financial standards, as determined by the Secretary.
Housing Programs
housing for special populations
(including transfer of funds)
For assistance for the purchase, construction, acquisition, or
development of additional public and subsidized housing units for low
income families not oth
2000
erwise provided for, $1,001,009,000, to remain
available until expended: Provided, That $783,286,000 shall be for
capital advances, including amendments to capital advance contracts,
for housing for the elderly, as authorized by section 202 of the
Housing Act of 1959, as amended, and for project rental assistance, and
amendments to contracts for project rental assistance, for the elderly
under such section 202(c)(2), and for supportive services associated
with the housing, of which amount $50,000,000 shall be for service
coordinators and the continuation of existing congregate service grants
for residents of assisted housing projects, of which amount up to
$3,000,000 shall be available to renew expiring project rental
assistance contracts for up to a one-year term, and of which amount
$50,000,000 shall be for grants under section 202b of the Housing Act
of 1959 (12 U.S.C. 1701q-2) for conversion of eligible projects under
such section to assisted living or related use: Provided further, That
of the amount under this heading, $217,723,000 shall be for capital
advances, including amendments to capital advance contracts, for
supportive housing for persons with disabilities, as authorized by
section 811 of the Cranston-Gonzalez National Affordable Housing Act,
for project rental assistance, for amendments to contracts for project
rental assistance, and supportive services associated with the housing
for persons with disabilities as authorized by section 811 of such Act,
of which up to $1,200,000 shall be available to renew expiring project
rental assistance contracts for up to a one-year term: Provided
further, That no less than $3,000,000, to be divided evenly between the
appropriations for the section 202 and section 811 programs, shall be
transferred to the Working Capital Fund for the development and
maintenance of information technology systems: Provided further, That
the Secretary may designate up to 25 percent of the amounts earmarked
under this paragraph for section 811 of such Act for tenant-based
assistance, as authorized under that section, including such authority
as may be waived under the next proviso, which assistance is five years
in duration: Provided further, That the Secretary may waive any
provision of such section 202 and such section 811 (including the
provisions governing the terms and conditions of project rental
assistance and tenant-based assistance) that the Secretary determines
is not necessary to achieve the objectives of these programs, or that
otherwise impedes the ability to develop, operate, or administer
projects assisted under these programs, and may make provision for
alternative conditions or terms where appropriate.
flexible subsidy fund
(transfer of funds)
From the Rental Housing Assistance Fund, all uncommitted balances
of excess rental charges as of September 30, 2001, and any collections
made during fiscal year 2002, shall be transferred to the Flexible
Subsidy Fund, as authorized by section 236(g) of the National Housing
Act, as amended.
manufactured housing fees trust fund
(including transfers of funds)
For necessary expenses as authorized by the National Manufactured
Housing Construction and Safety Standards Act of 1974, as amended (42
U.S.C. 5401 et seq.), $17,254,000, to remain available until expended,
to be derived from the Manufactured Housing Fees Trust Fund: Provided,
That not to exceed the amount appropriated under this heading shall be
available from the general fund of the Treasury to the extent necessary
to incur obligations and make expenditures pending the receipt of
collections to the Fund pursuant to section 620 of such Act: Provided
further, That the amount made available under this heading from the
general fund shall be reduced as such collections are received during
fiscal year 2002 so as to result in a final fiscal year 2002
appropriation from the general fund estimated at not more than $0.
Federal Housing Administration
mutual mortgage insurance program account
(including transfers of funds)
During fiscal year 2002, commitments to guarantee loans to carry
out the purposes of section 203(b) of the National Housing Act, as
amended, shall not exceed a loan principal of $160,000,000,000.
During fiscal year 2002, obligations to make direct loans to carry
out the purposes of section 204(g) of the National Housing Act, as
amended, shall not exceed $250,000,000: Provided, That the foregoing
amount shall be for loans to nonprofit and governmental entities in
connection with sales of single family real properties owned by the
Secretary and formerly insured under the Mutual Mortgage Insurance
Fund.
For administrative expenses necessary to carry out the guaranteed
and direct loan program, $336,700,000, of which not to exceed
$332,678,000 shall be transferred to the appropriation for ``Salaries
and expenses''; and not to exceed $4,022,000 shall be transferred to
the appropriation for ``Office of Inspector General''. In addition, for
administrative contract expenses, $160,000,000: Provided, That a
combined total of $160,000,000 from amounts appropriated for
administrative contract expenses under this heading or the heading
``FHA--General and Special Risk Program Account'' shall be transferred
to the Working Capital Fund for the development and maintenance of
information technology systems: Provided further, That to the extent
guaranteed loan commitments exceed $65,500,000,000 on or before April
1, 2002 an additional $1,400 for administrative contract expenses shall
be available for each $1,000,000 in additional guaranteed loan
commitments (including a pro rata amount for any amount below
$1,000,000), but in no case shall funds made available by this proviso
exceed $16,000,000.
general and special risk program account
(including transfers of funds)
For the cost of guaranteed loans, as authorized by sections 238 and
519 of the National Housing Act (12 U.S.C. 1715z-3 and 1735c),
including the cost of loan guarantee modifications as that term is
defined in section 502 of the Congressional Budget Act of 1974, as
amended, $15,000,000, to remain available until expended: Provided,
That these funds are available to subsidize total loan principal, any
part of which is to be guaranteed, of up to $21,000,000,000: Provided
further, That any amounts made available in any prior appropriations
Act for the cost (as such term is defined in section 502 of the
Congressional Budget Act of 1974) of guaranteed loans that are
obligations of the funds established under section 238 or 519 of the
National Housing Act that have not been obligated or that are
deobligated shall be available to the Secretary of Housing and Urban
Development in connection with the making of such guarantees and shall
remain available until expended, notwithstanding the expiration of any
period of availability otherwise applicable to such amounts.
Gross obligations for the principal amount of direct loans, as
authorized by sections 204(g), 207(l), 238, and 519(a) of the National
Housing Act, shall not exceed $50,000,000, of which not to exceed
$30,000,000 shall be for bridge financing in connection with the sale
of multifamily real properties owned by the Secretary and formerly
insured under such Act; and of which not to exceed $20,000,000 shall be
for loans to nonprofit and governmental entities in connection with the
sale of single-family real properties owned by the Secretary and
formerly insured under such Act.
In addition, for administrative expenses necessary to carry out the
guaranteed and direct loan programs, $216,100,000, of which
$197,779,000, shall be transferred to the appropriation for ``Salaries
and expenses''; and of which $18,321,000 shall be transferred to the
appropriation for ``Office of Inspector General''. In addition, for
administrative contract expenses necessary to carry out the guarant
2000
eed
and direct loan programs, $144,000,000: Provided, That to the extent
guaranteed loan commitments exceed $8,426,000,000 on or before April 1,
2002, an additional $19,800,000 for administrative contract expenses
shall be available for each $1,000,000 in additional guaranteed loan
commitments over $8,426,000,000 (including a pro rata amount for any
increment below $1,000,000), but in no case shall funds made available
by this proviso exceed $14,400,000.
Government National Mortgage Association (GNMA)
guarantees of mortgage-backed securities loan guarantee program account
(including transfer of funds)
New commitments to issue guarantees to carry out the purposes of
section 306 of the National Housing Act, as amended (12 U.S.C.
1721(g)), shall not exceed $200,000,000,000, to remain available until
September 30, 2003.
For administrative expenses necessary to carry out the guaranteed
mortgage-backed securities program, $9,383,000 to be derived from the
GNMA guarantees of mortgage-backed securities guaranteed loan receipt
account, of which not to exceed $9,383,000 shall be transferred to the
appropriation for ``Salaries and expenses''.
Policy Development and Research
research and technology
For contracts, grants, and necessary expenses of programs of
research and studies relating to housing and urban problems, not
otherwise provided for, as authorized by title V of the Housing and
Urban Development Act of 1970, as amended (12 U.S.C. 1701z-1 et seq.),
including carrying out the functions of the Secretary under section
1(a)(1)(i) of Reorganization Plan No. 2 of 1968, $53,404,000, to remain
available until September 30, 2003: Provided, That $3,000,000 shall be
for program evaluation to support strategic planning, performance
measurement, and their coordination with the Department's budget
process: Provided further, That of the amount provided under this
heading, $10,000,000 shall be for the Partnership for Advanced
Technology in Housing.
Fair Housing and Equal Opportunity
fair housing activities
For contracts, grants, and other assistance, not otherwise provided
for, as authorized by title VIII of the Civil Rights Act of 1968, as
amended by the Fair Housing Amendments Act of 1988, and section 561 of
the Housing and Community Development Act of 1987, as amended,
$45,899,000, to remain available until September 30, 2003, of which
$24,000,000 shall be to carry out activities pursuant to such section
561: Provided, That no funds made available under this heading shall be
used to lobby the executive or legislative branches of the Federal
Government in connection with a specific contract, grant or loan.
Office of Lead Hazard Control
lead hazard reduction
For the Lead Hazard Reduction Program, as authorized by sections
1011 and 1053 of the Residential Lead-Based Hazard Reduction Act of
1992, $109,758,000 to remain available until September 30, 2003, of
which $10,000,000 shall be for the Healthy Homes Initiative, pursuant
to sections 501 and 502 of the Housing and Urban Development Act of
1970 that shall include research, studies, testing, and demonstration
efforts, including education and outreach concerning lead-based paint
poisoning and other housing-related diseases and hazards: Provided,
That of the amounts provided under this heading, $1,000,000 shall be
for the National Center for Lead-Safe Housing: Provided further, That
of the amounts provided under this heading, $750,000 shall be for
CLEARCorps.
Management and Administration
salaries and expenses
(including transfers of funds)
For necessary administrative and non-administrative expenses of the
Department of Housing and Urban Development, not otherwise provided
for, including not to exceed $7,000 for official reception and
representation expenses, $1,087,257,000, of which $530,457,000 shall be
provided from the various funds of the Federal Housing Administration,
$9,383,000 shall be provided from funds of the Government National
Mortgage Association, $1,000,000 shall be provided from the ``Community
development fund'' account, $150,000 shall be provided by transfer from
the ``Title VI Indian federal guarantees program'' account, $200,000
shall be provided by transfer from the ``Indian housing loan guarantee
fund program'' account and $35,000 shall be transferred from the Native
Hawaiian Housing Loan Guarantee Fund: Provided, That no less than
$85,000,000 shall be transferred to the Working Capital Fund for the
development and maintenance of Information Technology Systems: Provided
further, That the Secretary shall fill 7 out of 10 vacancies at the GS-
14 and GS-15 levels until the total number of GS-14 and GS-15 positions
in the Department has been reduced from the number of GS-14 and GS-15
positions on the date of enactment of Public Law 106-377 by two and
one-half percent: Provided further, That of the amount under this
heading, $1,500,000 shall be for necessary expenses of the Millenial
Housing Commission, as authorized by Public Law 106-74 with the final
report due no later than August 30, 2002.
office of inspector general
(including transfer of funds)
For necessary expenses of the Office of Inspector General in
carrying out the Inspector General Act of 1978, as amended,
$88,898,000, of which $22,343,000 shall be provided from the various
funds of the Federal Housing Administration: Provided, That the
Inspector General shall have independent authority over all personnel
issues within the Office of Inspector General.
consolidated fee fund
(rescission)
Of the balances remaining available from fees and charges under
section 7(j) of the Department of Housing and Urban Development Act,
$6,700,000 are rescinded.
Office of Federal Housing Enterprise Oversight
salaries and expenses
(including transfer of funds)
For carrying out the Federal Housing Enterprise Financial Safety
and Soundness Act of 1992, including not to exceed $500 for official
reception and representation expenses, $27,000,000, to remain available
until expended, to be derived from the Federal Housing Enterprise
Oversight Fund: Provided, That not to exceed such amount shall be
available from the general fund of the Treasury to the extent necessary
to incur obligations and make expenditures pending the receipt of
collections to the Fund: Provided further, That the general fund amount
shall be reduced as collections are received during the fiscal year so
as to result in a final appropriation from the general fund estimated
at not more than $0: Provided further, That this Office shall submit a
staffing plan to the House and Senate Committees on Appropriations no
later than January 30, 2002.
Administrative Provisions
Sec. 201. Fifty percent of the amounts of budget authority, or in
lieu thereof 50 percent of the cash amounts associated with such budget
authority, that are recaptured from projects described in section
1012(a) of the McKinney-Vento Homeless Assistance Amendments Act of
1988 (Public Law 100-628; 102 Stat. 3224, 3268) shall be rescinded, or
in the case of cash, shall be remitted to the Treasury, and such
amounts of budget authority or cash recaptured and not rescinded or
remitted to the Treasury shall be used by State housing finance
agencies or local governments or local housing agencies with projects
approved by the Secretary of Housing and Urban Development for which
settlement occurred after January 1, 1992, in accordance with such
section. Notwithstanding the previous sentence, the Secretary may award
up to 15 percent of the budget authority or cash recaptured and not
rescinded or remitted to the Treasury to provide project owners with
incentives to
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refinance their project at a lower interest rate.
Sec. 202. None of the amounts made available under this Act may be
used during fiscal year 2002 to investigate or prosecute under the Fair
Housing Act any otherwise lawful activity engaged in by one or more
persons, including the filing or maintaining of a non-frivolous legal
action, that is engaged in solely for the purpose of achieving or
preventing action by a Government official or entity, or a court of
competent jurisdiction.
Sec. 203. (a) Notwithstanding section 854(c)(1)(A) of the AIDS
Housing Opportunity Act (42 U.S.C. 12903(c)(1)(A)), from any amounts
made available under this title for fiscal year 2002 that are allocated
under such section, the Secretary of Housing and Urban Development
shall allocate and make a grant, in the amount determined under
subsection (b), for any State that--
(1) received an allocation in a prior fiscal year under
clause (ii) of such section; and
(2) is not otherwise eligible for an allocation for fiscal
year 2002 under such clause (ii) because the areas in the State
outside of the metropolitan statistical areas that qualify
under clause (i) in fiscal year 2002 do not have the number of
cases of acquired immunodeficiency syndrome (AIDS) required
under such clause.
(b) The amount of the allocation and grant for any State described
in subsection (a) shall be an amount based on the cumulative number of
AIDS cases in the areas of that State that are outside of metropolitan
statistical areas that qualify under clause (i) of such section
854(c)(1)(A) in fiscal year 2002, in proportion to AIDS cases among
cities and States that qualify under clauses (i) and (ii) of such
section and States deemed eligible under subsection (a).
Sec. 204. Section 225 of the Department of Veterans Affairs and
Housing and Urban Development, and Independent Agencies Appropriations
Act, 2000, Public Law 106-74, is amended by inserting ``and fiscal year
2002'' after ``fiscal year 2001''.
Sec. 205. Section 236(g)(3)(A) of the National Housing Act is
amended by striking out ``fiscal years 2000 and 2001'' and inserting in
lieu thereof ``fiscal years 2000, 2001, and 2002''.
Sec. 206. Section 223(f)(1) of the National Housing Act is amended
by inserting ``purchase or'' immediately before ``refinancing of
existing debt''.
Sec. 207. Section 106(c)(9) of the Housing and Urban Development
Act of 1968 is repealed.
Sec. 208. Section 251 of the National Housing Act is amended--
(1) in subsection (b), by striking ``issue regulations''
and all that follows and inserting the following: ``require
that the mortgagee make available to the mortgagor, at the time
of loan application, a written explanation of the features of
an adjustable rate mortgage consistent with the disclosure
requirements applicable to variable rate mortgages secured by a
principal dwelling under the Truth in Lending Act.''; and
(2) by adding the following new subsection at the end:
``(d)(1) The Secretary may insure under this subsection a mortgage
that meets the requirements of subsection (a), except that the
effective rate of interest--
``(A) shall be fixed for a period of not less than the
first 3 years of the mortgage term;
``(B) shall be adjusted by the mortgagee initially upon the
expiration of such period and annually thereafter; and
``(C) in the case of the initial interest rate adjustment,
is subject to the one percent limitation only if the interest
rate remained fixed for five or fewer years.
``(2) The disclosure required under subsection (b) shall be
required for a mortgage insured under this subsection.''.
Sec. 209. (a) Section 203(c) of the National Housing Act is
amended--
(1) in paragraph (1), by striking ``and (k)'' and inserting
``or (k)''; and
(2) in paragraph (2)--
(A) by inserting immediately after ``subsection
(v),'' the following: ``and each mortgage that is
insured under subsection (k) or section 234(c),''; and
(B) by striking ``and executed on or after October
1, 1994,''.
(b) The amendments made by subsection (a) shall apply only to
mortgages that are executed on or after the date of enactment of this
Act or a later date determined by the Secretary and announced by notice
in the Federal Register.
Sec. 210. Section 242(d)(4) of the National Housing Act is amended
to read as follows:
``(4)(A) The Secretary, in conjunction with the Secretary
of Health and Human Services, shall require satisfactory
evidence that the hospital will be located in a State or
political subdivision of a State with reasonable minimum
standards of licensure and methods of operation for hospitals
and satisfactory assurance that such standards will be applied
and enforced with respect to the hospital.
``(B) The Secretary shall establish the means for
determining need and feasibility for the hospital. If the State
has an official procedure for determining need for hospitals,
the Secretary shall also require that such procedure be
followed before the application for insurance is submitted, and
the application shall document that need has also been
established under that procedure.''.
Sec. 211. Section 232(d)(4)(A) of the National Housing Act is
amended to read as follows:
``(A)(i) The Secretary, in conjunction with the
Secretary of Health and Human Services, shall require
satisfactory evidence that a nursing home, intermediate
care facility, or combined nursing home and
intermediate care facility will be located in a State
or political subdivision of a State with reasonable
minimum standards of licensure and methods of operation
for such homes, facilities, or combined homes and
facilities. The Secretary shall also require
satisfactory assurance that such standards will be
applied and enforced with respect to the home,
facility, or combined home or facility.
``(ii) The Secretary shall establish the means for
determining need and feasibility for the home,
facility, or combined home and facility. If the State
has an official procedure for determining need for such
homes, facilities, or combined homes and facilities,
the Secretary shall also require that such procedure be
followed before the application for insurance is
submitted, and the application shall document that need
has also been established under that procedure.''.
Sec. 212. Section 533 of the National Housing Act is amended to
read as follows:
``Sec. 533. Review of Mortgagee Performance and Authority to
Terminate.--
``(a) Periodic Review of Mortgagee Performance.--To reduce losses
in connection with single family mortgage insurance programs under this
Act, at least once a year the Secretary shall review the rate of early
defaults and claims for insured single family mortgages originated or
underwritten by each mortgagee.
``(b) Comparison With Other Mortgagees.--For each mortgagee, the
Secretary shall compare the rate of early defaults and claims for
insured single family mortgage loans originated or underwritten by the
mortgagee in an area with the rate of early defaults and claims for
other mortgagees originating or underwriting insured single family
mortgage loans in the area. For purposes of this section, the term
``area'' means each geographic area in which the mortgagee is
authorized by the Secretary to originate insured single
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family
mortgages.
``(c) Termination of Mortgagee Origination Approval.--(1)
Notwithstanding section 202(c) of this Act, the Secretary may terminate
the approval of a mortgagee to originate or underwrite single family
mortgages if the Secretary determines that the mortgage loans
originated or underwritten by the mortgagee present an unacceptable
risk to the insurance funds. The determination shall be based on the
comparison required under subsection (b) and shall be made in
accordance with regulations of the Secretary. The Secretary may rely on
existing regulations published before this section takes effect.
``(2) The Secretary shall give a mortgagee at least 60 days prior
written notice of any termination under this subsection. The
termination shall take effect at the end of the notice period, unless
the Secretary withdraws the termination notice or extends the notice
period. If requested in writing by the mortgagee within 30 days of the
date of the notice, the mortgagee shall be entitled to an informal
conference with the official authorized to issue termination notices on
behalf of the Secretary (or a designee of that official). At the
informal conference, the mortgagee may present for consideration
specific factors that it believes were beyond its control and that
caused the excessive default and claim rate.''.
Sec. 213. Except as explicitly provided in legislation, any grant
or assistance made pursuant to Title II of this Act shall be made in
accordance with section 102 of the Department of Housing and Urban
Development Reform Act of 1989 on a competitive basis.
Sec. 214. Public housing agencies in the State of Alaska shall not
be required to comply with section 2(b) of the United States Housing
Act of 1937, as amended, during fiscal year 2002. Public Housing
Authorities in Iowa that are a part of a city government shall not be
required to comply with section 2(b) of the United States Housing Act
of 1937, as amended, regarding the requirement that a public housing
agency shall contain not less than one member who is directly assisted
by the public housing authority during fiscal year 2002.
Sec. 215. Notwithstanding any other provision of law, in fiscal
year 2001 and for each fiscal year thereafter, in managing and
disposing of any multifamily property that is owned or held by the
Secretary and is occupied primarily by elderly or disabled families,
the Secretary of Housing and Urban Development shall maintain any
rental assistance payments under section 8 of the United States Housing
Act of 1937 that are attached to any dwelling units in the property. To
the extent the Secretary determines that such a multifamily property
owned or held by the Secretary is not feasible for continued rental
assistance payments under such section 8, the Secretary may, in
consultation with the tenants of that property, contract for project-
based rental assistance payments with an owner or owners of other
existing housing properties or provide other rental assistance.
Sec. 216. (a) Section 207 Limits.--Section 207(c)(3) of the
National Housing Act (12 U.S.C. 1713(c)(3)) is amended--
(1) by striking ``$30,420'', ``$33,696'', ``$40,248'',
``$49,608'', and ``$56,160'' and inserting ``$38,025'',
``$42,120'', ``$50,310'', ``$62,010'', and ``$70,200'',
respectively;
(2) by striking ``$9,000'' and inserting ``$11,250''; and
(3) by striking ``$35,100'', ``$39,312'', ``$48,204'',
``$60,372'', and ``$68,262'' and inserting ``$43,875'',
``$49,140'', ``$60,255'', ``$75,465'', and ``$85,328'',
respectively.
(b) Section 213 Limits.--Section 213(b)(2) of the National Housing
Act (12 U.S.C. 1715e(b)(2)) is amended--
(1) by striking ``$30,420'', ``$33,696'', ``$40,248'',
``$49,608'', and ``$56,160'' and inserting ``$38,025'',
``$42,120'', ``$50,310'', ``$62,010'', and ``$70,200'',
respectively; and
(2) by striking ``$35,100'', ``$39,312'', ``$48,204'',
``$60,372'', and ``$68,262'' and inserting ``$43,875'',
``$49,140'', ``$60,255'', ``$75,465'', and ``$85,328'',
respectively.
(c) Section 220 Limits.--Section 220(d)(3)(B)(iii) of the National
Housing Act (12 U.S.C. 1715k(d)(3)(B)(iii)) is amended--
(1) by striking ``$30,420'', ``$33,696'', ``$40,248'',
``$49,608'', and ``$56,160'' and inserting ``$38,025'',
``$42,120'', ``$50,310'', ``$62,010'', and ``$70,200'',
respectively; and
(2) by striking ``$35,100'', ``$39,312'', ``$48,204'',
``$60,372'', and ``$68,262'' and inserting ``$43,875'',
``$49,140'', ``$60,255'', ``$75,465'', and ``$85,328'',
respectively.
(d) Section 221(d)(3) Limits.--Section 221(d)(3)(ii) of the
National Housing Act (12 U.S.C. 1715l(d)(3)(ii)) is amended--
(1) by striking ``$33,638'', ``$38,785'', ``$46,775'',
``$59,872'', and ``$66,700'' and inserting ``$42,048'',
``$48,481'', ``58,469'', ``$74,840'', and ``$83,375'',
respectively; and
(2) by striking ``$35,400'', ``$40,579'', ``$49,344'',
``$63,834'', and ``$70,070'' and inserting ``$44,250'',
``$50,724'', ``$61,680'', ``$79,793'', and ``$87,588'',
respectively.
(e) Section 221(d)(4) Limits.--Section 221(d)(4)(ii) of the
National Housing Act (12 U.S.C. 1715l(d)(4)(ii)) is amended--
(1) by striking ``$30,274'', ``$34,363'', ``$41,536'',
``$52,135'', and ``$59,077'' and inserting ``$37,843'',
``$42,954'', ``$51,920'', ``$65,169'', and ``$73,846'',
respectively; and
(2) by striking ``$32,701'', ``$37,487'', ``$45,583'',
``$58,968'', and ``$64,730'' and inserting ``$40,876'',
``$46,859'', ``$56,979'', ``$73,710'', and ``$80,913'',
respectively.
(f) Section 231 Limits.--Section 231(c)(2) of the National Housing
Act (12 U.S.C. 1715v(c)(2)) is amended--
(1) by striking ``$28,782'', ``$32,176'', ``$38,423'',
``$46,238'', and ``$54,360'' and inserting ``$35,978'',
``$40,220'', ``$48,029'', ``$57,798'', ``$67,950'',
respectively; and
(2) by striking ``$32,701'', ``$37,487'', ``$45,583'',
``$58,968'', and ``$64,730'' and inserting ``$40,876'',
``$46,859'', ``$56,979'', ``$73,710'', and ``$80,913'',
respectively.
(g) Section 234 Limits.--Section 234(e)(3) of the National Housing
Act (12 U.S.C. 1715y(e)(3)) is amended--
(1) by striking ``$30,420'', ``$33,696'', ``$40,248'',
``$49,608'', and ``$56,160'' and inserting ``$38,025'',
``$42,120'', ``$50,310'', ``$62,010'', and ``$70,200'',
respectively; and
(2) by striking ``$35,100'', ``$39,312'', ``$48,204'',
``$60,372'', and ``$68,262'' and inserting ``$43,875'',
``$49,140'', ``$60,255'', ``$75,465'', and ``$85,328'',
respectively.
Sec. 217. Notwithstanding any other provision of law, the Tribal
Student Housing Project proposed by the Cook Inlet Housing Authority is
authorized to be constructed in accordance with its 1998 Indian Housing
Plan from amounts previously appropriated for the benefit of the
Housing Authority, a portion of which may be used as a maintenance
reserve for the completed project.
Sec. 218. Endowment Funds. Of the amounts appropriated in the
Consolidated Appropriations Act, 2001 (Public Law 106-554), for the
operation of an historical archive at the University of South Carolina,
Department of Archives, South Carolina, such funds shall be available
to the University of South Carolina to fund an endowment for the
operation of an historical archive at the University of South Carolina,
Department of Archives, South Carolina, without fiscal year limitation.
Sec. 219. Hawaiian Homelands. Section 247 of the National Housing
Act (12 U.S.C. 1715z-12) is amended--
(1) in subsection (d), by striking paragraphs (1) and (2)
and inserting the following:
``(1) Na
2000
tive hawaiian.--The term `native Hawaiian' means
any descendant of not less than one-half part of the blood of
the races inhabiting the Hawaiian Islands before January 1,
1778, or, in the case of an individual who is awarded an
interest in a lease of Hawaiian home lands through transfer or
succession, such lower percentage as may be established for
such transfer or succession under section 208 or 209 of the
Hawaiian Homes Commission Act of 1920 (42 Stat. 111), or under
the corresponding provision of the Constitution of the State of
Hawaii adopted under section 4 of the Act entitled `An Act to
provide for the admission of the State of Hawaii into the
Union', approved March 18, 1959 (73 Stat. 5).
``(2) Hawaiian home lands.--The term `Hawaiian home lands'
means all lands given the status of Hawaiian home lands under
section 204 of the Hawaiian Homes Commission Act of 1920 (42
Stat. 110), or under the corresponding provision of the
Constitution of the State of Hawaii adopted under section 4 of
the Act entitled `An Act to provide for the admission of the
State of Hawaii into the Union', approved March 18, 1959 (73
Stat. 5).''; and
(2) by adding at the end the following:
``(e) Certification of Eligibility for Existing Lessees.--
Possession of a lease of Hawaiian home lands issued under section
207(a) of the Hawaiian Homes Commission Act of 1920 (42 Stat. 110),
shall be sufficient to certify eligibility to receive a mortgage under
this subchapter.''.
Sec. 220. Release of Home Program Funds. Notwithstanding the
requirement regarding commitment of funds in the first sentence of
section 288(b) of the HOME Investment Partnerships Act (42 U.S.C.
12838(b)), the Secretary of Housing and Urban Development (in this
section referred to as the ``Secretary'') shall approve the release of
funds under that section to the Arkansas Development Finance Authority
(in this section referred to as the ``ADFA'') for projects, if--
(1) funds were committed to those projects on or before
June 12, 2001;
(2) those projects had not been completed as of June 12,
2001;
(3) the ADFA has fully carried out its responsibilities as
described in section 288(a); and
(4) the Secretary has approved the certification that meets
the requirements of section 288(c) with respect to those
projects.
Sec. 221. Notwithstanding any other provision of law with respect
to this or any other fiscal year, the Housing Authority of Baltimore
City may use the remaining balance of the grant award of $20,000,000
made to such authority for development efforts at Hollander Ridge in
Baltimore, Maryland with funds appropriated for fiscal year 1996 under
the heading ``Public Housing Demolition, Site Revitalization, and
Replacement Housing Grants'' for the rehabilitation of the Claremont
Homes project and for the provision of affordable housing in areas
within the City of Baltimore either (1) designated by the partial
consent decree in Thompson v. HUD as nonimpacted census tracts or (2)
designated by said authority as either strong neighborhoods
experiencing private investment or dynamic growth areas where public
and/or private commercial or residential investment is occurring.
Sec. 222. Discrimination in the Sale or Rental of Housing. (a) In
General.--Any entity that receives funds pursuant to this Act, and
discriminates in the sale or rental of housing against any person
because the person is, or is perceived to be, a victim of domestic
violence, dating violence, sexual assault, or stalking, including
because the person has contacted or received assistance or services
from law enforcement related to the violence, shall be considered to be
discriminating against any person in the terms, conditions, or
privileges of sale or rental of a dwelling, or in the provision of
services or facilities in connection with the sale or rental, because
of sex under section 804(b) of the Civil Rights Act of 1968 (42 U.S.C.
3604(b)).
(b) Definitions.--In this section:
(1) Course of conduct.--The term ``course of conduct''
means a course of repeatedly maintaining a visual or physical
proximity to a person or conveying verbal or written threats,
including threats conveyed through electronic communications,
or threats implied by conduct.
(2) Dating violence.--The term ``dating violence'' has the
meaning given the term in section 826 of the Higher Education
Amendments of 1998 (20 U.S.C. 1152).
(3) Domestic violence.--The term ``domestic violence'' has
the meaning given the term in section 826 of the Higher
Education Amendments of 1998 (20 U.S.C. 1152).
(4) Electronic communications.--The term ``electronic
communications'' includes communications via telephone, mobile
phone, computer, e-mail, video recorder, fax machine, telex, or
pager.
(5) Parent; son or daughter.--The terms ``parent'' and
``son or daughter'' have the meanings given the terms in
section 101 of the Family and Medical Leave Act of 1993 (29
U.S.C. 2611).
(6) Repeatedly.--The term ``repeatedly'' means on 2 or more
occasions.
(7) Sexual assault.--The term ``sexual assault'' has the
meaning given the term in section 826 of the Higher Education
Amendments of 1998 (20 U.S.C. 1152).
(8) Stalking.--The term ``stalking'' means engaging in a
course of conduct directed at a specific person that would
cause a reasonable person to suffer substantial emotional
distress or to fear bodily injury, sexual assault, or death to
the person, or the person's spouse, parent, or son or daughter,
or any other person who regularly resides in the person's
household, if the conduct causes the specific person to have
such distress or fear.
TITLE III--INDEPENDENT AGENCIES
American Battle Monuments Commission
salaries and expenses
For necessary expenses, not otherwise provided for, of the American
Battle Monuments Commission, including the acquisition of land or
interest in land in foreign countries; purchases and repair of uniforms
for caretakers of national cemeteries and monuments outside of the
United States and its territories and possessions; rent of office and
garage space in foreign countries; purchase (one for replacement only)
and hire of passenger motor vehicles; and insurance of official motor
vehicles in foreign countries, when required by law of such countries,
$28,466,000, to remain available until expended.
Chemical Safety and Hazard Investigation Board
salaries and expenses
For necessary expenses in carrying out activities pursuant to
section 112(r)(6) of the Clean Air Act, including hire of passenger
vehicles, uniforms or allowances therefor, as authorized by 5 U.S.C.
5901-5902, and for services authorized by 5 U.S.C. 3109, but at rates
for individuals not to exceed the per diem equivalent to the maximum
rate payable for senior level positions under 5 U.S.C. 5376,
$7,621,000, $5,121,000 of which to remain available until September 30,
2002 and $2,500,000 of which to remain available until September 30,
2003: Provided, That the Chemical Safety and Hazard Investigation Board
shall have not more than three career Senior Executive Service
positions: Provided further, That, hereafter, there shall be an
Inspector General at the Board who shall have the duties,
responsibilities, and authorities specified in the Inspector General
Act of 1978, as amended: Provided further, That an individual appointed
to the position of Inspector General of the Federal Emergency
Management Agency (FEMA) shall, by virtue of such appoin
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tment, also
hold the position of Inspector General of the Board: Provided further,
That the Inspector General of the Board shall utilize personnel of the
Office of Inspector General of FEMA in performing the duties of the
Inspector General of the Board, and shall not appoint any individuals
to positions within the Board.
Department of the Treasury
Community Development Financial Institutions
community development financial institutions
fund program account
To carry out the Community Development Banking and Financial
Institutions Act of 1994, including services authorized by 5 U.S.C.
3109, but at rates for individuals not to exceed the per diem rate
equivalent to the rate for ES-3, $100,000,000, to remain available
until September 30, 2003, of which $5,000,000 shall be for technical
assistance and training programs designed to benefit Native American
communities, and up to $9,850,000 may be used for administrative
expenses, including administration of the New Markets Tax Credit, up to
$6,000,000 may be used for the cost of direct loans, and up to
$1,000,000 may be used for administrative expenses to carry out the
direct loan program: Provided, That the cost of direct loans, including
the cost of modifying such loans, shall be as defined in section 502 of
the Congressional Budget Act of 1974, as amended: Provided further,
That these funds are available to subsidize gross obligations for the
principal amount of direct loans not to exceed $51,800,000.
Consumer Product Safety Commission
salaries and expenses
For necessary expenses of the Consumer Product Safety Commission,
including hire of passenger motor vehicles, services as authorized by 5
U.S.C. 3109, but at rates for individuals not to exceed the per diem
rate equivalent to the maximum rate payable under 5 U.S.C. 5376,
purchase of nominal awards to recognize non-Federal officials'
contributions to Commission activities, and not to exceed $500 for
official reception and representation expenses, $56,200,000, of which
$1,000,000 to remain available until September 30, 2004, shall be for a
research project on sensor technologies.
Corporation for National and Community Service
national and community service programs
operating expenses
(including transfer of funds)
For necessary expenses for the Corporation for National and
Community Service (the ``Corporation'') in carrying out programs,
activities, and initiatives under the National and Community Service
Act of 1990 (the ``Act'') (42 U.S.C. 12501 et seq.), $415,480,000, to
remain available until September 30, 2003: Provided, That not more than
$31,000,000 shall be available for administrative expenses authorized
under section 501(a)(4) of the Act (42 U.S.C. 12671(a)(4)) with not
less than $2,000,000 targeted for the acquisition of a cost accounting
system for the Corporation's financial management system, an integrated
grants management system that provides comprehensive financial
management information for all Corporation grants and cooperative
agreements, and the establishment, operation, and maintenance of a
central archives serving as the repository for all grant, cooperative
agreement, and related documents, without regard to the provisions of
section 501(a)(4)(B) of the Act: Provided further, That not more than
$2,500 shall be for official reception and representation expenses:
Provided further, That of amounts previously transferred to the
National Service Trust, $5,000,000 shall be available for national
service scholarships for high school students performing community
service: Provided further, That not more than $240,492,000 of the
amount provided under this heading shall be available for grants under
the National Service Trust program authorized under subtitle C of title
I of the Act (42 U.S.C. 12571 et seq.) (relating to activities
including the AmeriCorps program), of which not more than $47,000,000
may be used to administer, reimburse, or support any national service
program authorized under section 121(d)(2) of such Act (42 U.S.C.
12581(d)(2)); not more than $25,000,000 shall be made available to
activities dedicated to developing computer and information technology
skills for students and teachers in low-income communities: Provided
further, That not more than $10,000,000 of the funds made available
under this heading shall be made available for the Points of Light
Foundation for activities authorized under title III of the Act (42
U.S.C. 12661 et seq.), of which not more than $2,500,000 may be used to
establish or support an endowment fund, the corpus of which shall
remain intact and the interest income from which shall be used to
support activities described in title III of the Act, provided that the
Foundation may invest the corpus and income in federally insured bank
savings accounts or comparable interest bearing accounts, certificates
of deposit, money market funds, mutual funds, obligations of the United
States, and other market instruments and securities but not in real
estate investments: Provided further, That notwithstanding any other
law $2,500,000 of the funds made available by the Corporation to the
Foundation under Public Law 106-377 may be used in the manner described
in the preceding proviso: Provided further, That no funds shall be
available for national service programs run by Federal agencies
authorized under section 121(b) of such Act (42 U.S.C. 12571(b)):
Provided further, That to the maximum extent feasible, funds
appropriated under subtitle C of title I of the Act shall be provided
in a manner that is consistent with the recommendations of peer review
panels in order to ensure that priority is given to programs that
demonstrate quality, innovation, replicability, and sustainability:
Provided further, That not more than $25,000,000 of the funds made
available under this heading shall be available for the Civilian
Community Corps authorized under subtitle E of title I of the Act (42
U.S.C. 12611 et seq.): Provided further, That not more than $43,000,000
shall be available for school-based and community-based service-
learning programs authorized under subtitle B of title I of the Act (42
U.S.C. 12521 et seq.): Provided further, That not more than $28,488,000
shall be available for quality and innovation activities authorized
under subtitle H of title I of the Act (42 U.S.C. 12853 et seq.):
Provided further, That not more than $15,000,000 shall be available for
grants to support the Veterans Mission for Youth Program: Provided
further, That not more than $5,000,000 shall be available for audits
and other evaluations authorized under section 179 of the Act (42
U.S.C. 12639): Provided further, That to the maximum extent
practicable, the Corporation shall increase significantly the level of
matching funds and in-kind contributions provided by the private
sector, and shall reduce the total Federal costs per participant in all
programs: Provided further, That not more than $7,500,000 of the funds
made available under this heading shall be made available to America's
Promise--The Alliance for Youth, Inc. only to support efforts to
mobilize individuals, groups, and organizations to build and strengthen
the character and competence of the Nation's youth: Provided further,
That not more than $5,000,000 of the funds made available under this
heading shall be made available to the Communities In Schools, Inc. to
support dropout prevention activities: Provided further, That not more
than $2,500,000 of the funds made available under this heading shall be
made available to the YMCA of the USA to support school-based programs
designed to strengthen collaborations and linkages between public
schools and communities: Provided further, That not more than
$1,000,000 of the funds made available under this heading shall be made
available to Teach For America: Provided further, That not more than
$1
2000
,500,000 of the funds made available under this heading shall be made
available to Parents As Teachers National Center, Inc. to support
literacy activities.
office of inspector general
For necessary expenses of the Office of Inspector General in
carrying out the Inspector General Act of 1978, as amended, $5,000,000,
to remain available until September 30, 2003.
U.S. Court of Appeals for Veterans Claims
salaries and expenses
For necessary expenses for the operation of the United States Court
of Appeals for Veterans Claims as authorized by 38 U.S.C. 7251-7298,
$13,221,000, of which $895,000 shall be available for the purpose of
providing financial assistance as described, and in accordance with the
process and reporting procedures set forth, under this heading in
Public Law 102-229.
Department of Defense--Civil
Cemeterial Expenses, Army
salaries and expenses
For necessary expenses, as authorized by law, for maintenance,
operation, and improvement of Arlington National Cemetery and Soldiers'
and Airmen's Home National Cemetery, including the purchase of two
passenger motor vehicles for replacement only, and not to exceed $1,000
for official reception and representation expenses, $18,437,000, to
remain available until expended.
Department of Health and Human Services
National Institutes of Health
national institute of environmental health sciences
For necessary expenses for the National Institute of Environmental
Health Sciences in carrying out activities set forth in section 311(a)
of the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980, as amended, $70,228,000.
Agency for Toxic Substances and Disease Registry
salaries and expenses
For necessary expenses for the Agency for Toxic Substances and
Disease Registry (ATSDR) in carrying out activities set forth in
sections 104(i), 111(c)(4), and 111(c)(14) of the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980
(CERCLA), as amended; section 118(f) of the Superfund Amendments and
Reauthorization Act of 1986 (SARA), as amended; and section 3019 of the
Solid Waste Disposal Act, as amended, $78,235,000, to be derived from
the Hazardous Substance Superfund Trust Fund pursuant to section 517(a)
of SARA (26 U.S.C. 9507): Provided, That notwithstanding any other
provision of law, in lieu of performing a health assessment under
section 104(i)(6) of CERCLA, the Administrator of ATSDR may conduct
other appropriate health studies, evaluations, or activities,
including, without limitation, biomedical testing, clinical
evaluations, medical monitoring, and referral to accredited health care
providers: Provided further, That in performing any such health
assessment or health study, evaluation, or activity, the Administrator
of ATSDR shall not be bound by the deadlines in section 104(i)(6)(A) of
CERCLA: Provided further, That none of the funds appropriated under
this heading shall be available for ATSDR to issue in excess of 40
toxicological profiles pursuant to section 104(i) of CERCLA during
fiscal year 2002, and existing profiles may be updated as necessary.
Environmental Protection Agency
science and technology
For science and technology, including research and development
activities, which shall include research and development activities
under the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980, as amended; necessary expenses for personnel and
related costs and travel expenses, including uniforms, or allowances
therefor, as authorized by 5 U.S.C. 5901-5902; services as authorized
by 5 U.S.C. 3109, but at rates for individuals not to exceed the per
diem rate equivalent to the maximum rate payable for senior level
positions under 5 U.S.C. 5376; procurement of laboratory equipment and
supplies; other operating expenses in support of research and
development; construction, alteration, repair, rehabilitation, and
renovation of facilities, not to exceed $75,000 per project,
$665,672,000, which shall remain available until September 30, 2003.
environmental programs and management
For environmental programs and management, including necessary
expenses, not otherwise provided for, for personnel and related costs
and travel expenses, including uniforms, or allowances therefor, as
authorized by 5 U.S.C. 5901-5902; services as authorized by 5 U.S.C.
3109, but at rates for individuals not to exceed the per diem rate
equivalent to the maximum rate payable for senior level positions under
5 U.S.C. 5376; hire of passenger motor vehicles; hire, maintenance, and
operation of aircraft; purchase of reprints; library memberships in
societies or associations which issue publications to members only or
at a price to members lower than to subscribers who are not members;
construction, alteration, repair, rehabilitation, and renovation of
facilities, not to exceed $75,000 per project; and not to exceed $6,000
for official reception and representation expenses, $2,061,996,200,
which shall remain available until September 30, 2003.
office of inspector general
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978, as
amended, and for construction, alteration, repair, rehabilitation, and
renovation of facilities, not to exceed $75,000 per project,
$34,019,000, to remain available until September 30, 2003.
buildings and facilities
For construction, repair, improvement, extension, alteration, and
purchase of fixed equipment or facilities of, or for use by, the
Environmental Protection Agency, $25,318,400, to remain available until
expended.
hazardous substance superfund
(including transfer of funds)
For necessary expenses to carry out the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (CERCLA), as amended,
including sections 111(c)(3), (c)(5), (c)(6), and (e)(4) (42 U.S.C.
9611), and for construction, alteration, repair, rehabilitation, and
renovation of facilities, not to exceed $75,000 per project;
$1,274,645,560 to remain available until expended, consisting of
$634,532,200, as authorized by section 517(a) of the Superfund
Amendments and Reauthorization Act of 1986 (SARA), as amended by Public
Law 101-508, and $640,113,360 as a payment from general revenues to the
Hazardous Substance Superfund for purposes as authorized by section
517(b) of SARA, as amended: Provided, That funds appropriated under
this heading may be allocated to other Federal agencies in accordance
with section 111(a) of CERCLA: Provided further, That of the funds
appropriated under this heading, $11,867,000 shall be transferred to
the ``Office of Inspector General'' appropriation to remain available
until September 30, 2003, and $36,890,500 shall be transferred to the
``Science and technology'' appropriation to remain available until
September 30, 2003.
leaking underground storage tank trust fund
For necessary expenses to carry out leaking underground storage
tank cleanup activities authorized by section 205 of the Superfund
Amendments and Reauthorization Act of 1986, and for construction,
alteration, repair, rehabilitation, and renovation of facilities, not
to exceed $75,000 per project, $71,947,400, to remain available until
expended.
oil spill response
For expenses necessary to carry out the Environmental Protection
Agency's responsibilities under the Oil Pollution Act of 1990,
$14,986,000, to be derived from the Oil Spill Liability trust fund, to
remain available until expended.
state and tribal assistance grants
For environmental programs and infrastructure assistance, including
2000
capitalization grants for State revolving funds and performance
partnership grants, $3,603,015,900, to remain available until expended,
of which $1,350,000,000 shall be for making capitalization grants for
the Clean Water State Revolving Funds under title VI of the Federal
Water Pollution Control Act, as amended (the ``Act''); $850,000,000
shall be for capitalization grants for the Drinking Water State
Revolving Funds under section 1452 of the Safe Drinking Water Act, as
amended, except that, notwithstanding section 1452(n) of the Safe
Drinking Water Act, as amended, none of the funds made available under
this heading in this Act, or in previous appropriations Acts, shall be
reserved by the Administrator for health effects studies on drinking
water contaminants; $75,000,000 shall be for architectural,
engineering, planning, design, construction and related activities in
connection with the construction of high priority water and wastewater
facilities in the area of the United States-Mexico Border, after
consultation with the appropriate border commission; $40,000,000 shall
be for grants to the State of Alaska to address drinking water and
wastewater infrastructure needs of rural and Alaska Native Villages;
$140,000,000 shall be for making grants for the construction of
wastewater and water treatment facilities and groundwater protection
infrastructure in accordance with the terms and conditions specified
for such grants in the Senate report accompanying this Act except that,
notwithstanding any other provision of law, of the funds herein and
hereafter appropriated under this heading for such special needs
infrastructure grants, the Administrator may use up to 3 percent of the
amount of each project appropriated to administer the management and
oversight of construction of such projects through contracts,
allocation to the Corps of Engineers, or grants to States; and
$1,030,782,400 shall be for grants, including associated program
support costs, to States, federally recognized tribes, interstate
agencies, tribal consortia, and air pollution control agencies for
multi-media or single media pollution prevention, control and abatement
and related activities, including activities pursuant to the provisions
set forth under this heading in Public Law 104-134, and for making
grants under section 103 of the Clean Air Act for particulate matter
monitoring and data collection activities of which and subject to terms
and conditions specified by the Administrator, $25,000,000 shall be for
Environmental Information Exchange Network grants, including associated
program support costs: Provided, That for fiscal year 2002, State
authority under section 302(a) of Public Law 104-182 shall remain in
effect: Provided further, That for fiscal year 2002, and
notwithstanding section 518(f) of the Federal Water Pollution Control
Act, as amended, the Administrator is authorized to use the amounts
appropriated for any fiscal year under section 319 of that Act to make
grants to Indian tribes pursuant to section 319(h) and 518(e) of that
Act: Provided further, That for fiscal year 2002, notwithstanding the
limitation on amounts in section 518(c) of the Act, up to a total of
1\1/2\ percent of the funds appropriated for State Revolving Funds
under Title VI of that Act may be reserved by the Administrator for
grants under section 518(c) of such Act: Provided further, That no
funds provided by this legislation to address the water, wastewater and
other critical infrastructure needs of the colonias in the United
States along the United States-Mexico border shall be made available to
a county or municipal government unless that government has established
an enforceable local ordinance, or other zoning rule, which prevents in
that jurisdiction the development or construction of any additional
colonia areas, or the development within an existing colonia the
construction of any new home, business, or other structure which lacks
water, wastewater, or other necessary infrastructure.
administrative provision
For fiscal year 2002, notwithstanding 31 U.S.C. 6303(1) and
6305(1), the Administrator of the Environmental Protection Agency, in
carrying out the Agency's function to implement directly Federal
environmental programs required or authorized by law in the absence of
an acceptable tribal program, may award cooperative agreements to
federally-recognized Indian Tribes or Intertribal consortia, if
authorized by their member Tribes, to assist the Administrator in
implementing Federal environmental programs for Indian Tribes required
or authorized by law, except that no such cooperative agreements may be
awarded from funds designated for State financial assistance
agreements.
Executive Office of the President
office of science and technology policy
For necessary expenses of the Office of Science and Technology
Policy, in carrying out the purposes of the National Science and
Technology Policy, Organization, and Priorities Act of 1976 (42 U.S.C.
6601 and 6671), hire of passenger motor vehicles, and services as
authorized by 5 U.S.C. 3109, not to exceed $2,500 for official
reception and representation expenses, and rental of conference rooms
in the District of Columbia, $5,267,000.
council on environmental quality and office of environmental quality
For necessary expenses to continue functions assigned to the
Council on Environmental Quality and Office of Environmental Quality
pursuant to the National Environmental Policy Act of 1969, the
Environmental Quality Improvement Act of 1970, and Reorganization Plan
No. 1 of 1977, $2,974,000: Provided, That, notwithstanding any other
provision of law, no funds other than those appropriated under this
heading shall be used for or by the Council on Environmental Quality
and Office of Environmental Quality: Provided further, That
notwithstanding section 202 of the National Environmental Policy Act of
1970, the Council shall consist of one member, appointed by the
President, by and with the advice and consent of the Senate, serving as
chairman and exercising all powers, functions, and duties of the
Council.
Federal Deposit Insurance Corporation
office of inspector general
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978, as
amended, $33,660,000, to be derived from the Bank Insurance Fund, the
Savings Association Insurance Fund, and the FSLIC Resolution Fund.
Federal Emergency Management Agency
disaster relief
(including transfer of funds)
For necessary expenses in carrying out the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.),
$359,399,000, and, notwithstanding 42 U.S.C. 5203, to remain available
until expended, of which not to exceed $2,900,000 may be transferred to
``Emergency management planning and assistance'' for the consolidated
emergency management performance grant program; up to $15,000,000 may
be obligated for flood map modernization activities following disaster
declarations; and $21,577,000 may be used by the Office of Inspector
General for audits and investigations.
For an additional amount for ``Disaster relief'', $2,000,000,000,
to be available immediately upon the enactment of this Act, and to
remain available until expended: Provided, That the entire amount is
designated by the Congress as an emergency requirement pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended: Provided further, That the entire
amount shall be available only to the extent that an official budget
request for a specific dollar amount, that includes designation of the
entire amount of the request as an emergency requirement as defined in
the Balanced Budget and Emergency Deficit Control Act of 1985, as
amended, is transmitted by the President to the Congress.
disas
2000
ter assistance direct loan program account
For the cost of direct loans, $405,000 as authorized by section 319
of the Robert T. Stafford Disaster Relief and Emergency Assistance Act:
Provided, That such costs, including the cost of modifying such loans,
shall be as defined in section 502 of the Congressional Budget Act of
1974, as amended: Provided further, That these funds are available to
subsidize gross obligations for the principal amount of direct loans
not to exceed $25,000,000. In addition, for administrative expenses to
carry out the direct loan program, $543,000.
salaries and expenses
For necessary expenses, not otherwise provided for, including hire
and purchase of motor vehicles as authorized by 31 U.S.C. 1343;
uniforms, or allowances therefor, as authorized by 5 U.S.C. 5901-5902;
services as authorized by 5 U.S.C. 3109, but at rates for individuals
not to exceed the per diem rate equivalent to the maximum rate payable
for senior level positions under 5 U.S.C. 5376; expenses of attendance
of cooperating officials and individuals at meetings concerned with the
work of emergency preparedness; transportation in connection with the
continuity of Government programs to the same extent and in the same
manner as permitted the Secretary of a Military Department under 10
U.S.C. 2632; and not to exceed $2,500 for official reception and
representation expenses, $233,801,000.
office of inspector general
For necessary expenses of the Office of Inspector General in
carrying out the Inspector General Act of 1978, as amended,
$10,303,000: Provided, That notwithstanding any other provision of law,
the Inspector General of the Federal Emergency Management Agency shall
also serve as the Inspector General of the Chemical Safety and Hazard
Investigation Board.
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 Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.), the Earthquake Hazards
Reduction Act of 1977, as amended (42 U.S.C. 7701 et seq.), the Federal
Fire Prevention and Control Act of 1974, as amended (15 U.S.C. 2201 et
seq.), the Defense Production Act of 1950, as amended (50 U.S.C. App.
2061 et seq.), sections 107 and 303 of the National Security Act of
1947, as amended (50 U.S.C. 404-405), and Reorganization Plan No. 3 of
1978, $279,623,000: Provided, That for purposes of pre-disaster
mitigation pursuant to 42 U.S.C. 5131(b) and (c) and 42 U.S.C. 5196(e)
and (i), $25,000,000 of the funds made available under this heading
shall be available until expended for project grants.
For an additional amount for ``Emergency management planning and
assistance'', $150,000,000 for programs as authorized by section 33 of
the Federal Fire Prevention and Control Act of 1974, as amended (15
U.S.C. 2201 et seq.).
radiological emergency preparedness fund
The aggregate charges assessed during fiscal year 2002, as
authorized by Public Law 106-377, shall not be less than 100 percent of
the amounts anticipated by FEMA necessary for its radiological
emergency preparedness program for the next fiscal year. The
methodology for assessment and collection of fees shall be fair and
equitable; and shall reflect costs of providing such services,
including administrative costs of collecting such fees. Fees received
pursuant to this section shall be deposited in the Fund as offsetting
collections and will become available for authorized purposes on
October 1, 2002, and remain available until expended.
emergency food and shelter program
To carry out an emergency food and shelter program pursuant to
title III of Public Law 100-77, as amended, $139,692,000, to remain
available until expended: Provided, That total administrative costs
shall not exceed 3\1/2\ percent of the total appropriation.
national flood insurance fund
(including transfers of funds)
For activities under the National Flood Insurance Act of 1968
(``the Act''), the Flood Disaster Protection Act of 1973, as amended,
not to exceed $28,798,000 for salaries and expenses associated with
flood mitigation and flood insurance operations, and not to exceed
$76,381,000 for flood mitigation, including up to $20,000,000 for
expenses under section 1366 of the Act, which amount shall be available
for transfer to the National Flood Mitigation Fund until September 30,
2003. In fiscal year 2002, no funds in excess of: (1) $55,000,000 for
operating expenses; (2) $536,750,000 for agents' commissions and taxes;
and (3) $30,000,000 for interest on Treasury borrowings shall be
available from the National Flood Insurance Fund without prior notice
to the Committees on Appropriations.
In addition, up to $7,000,000 in fees collected but unexpended
during fiscal years 2000 through 2001 shall be transferred to the Flood
Map Modernization Fund and available for expenditure in fiscal year
2002.
Section 1309(a)(2) of the Act (42 U.S.C. 4016(a)(2)), as amended,
is further amended by striking ``December 31, 2001'' and inserting
``December 31, 2002''.
Section 1319 of the Act, as amended (42 U.S.C. 4026), is amended by
striking ``September 30, 2001'' and inserting ``December 31, 2002''.
Section 1336 of the Act, as amended (42 U.S.C. 4056), is amended by
striking ``September 30, 2001'' and inserting ``December 31, 2002''.
The first sentence of section 1376(c) of the Act, as amended (42
U.S.C. 4127(c)), is amended by striking ``December 31, 2001'' and
inserting ``December 31, 2002''.
national flood mitigation fund
Notwithstanding sections 1366(b)(3)(B)-(C) and 1366(f) of the
National Flood Insurance Act of 1968, as amended, $20,000,000, to
remain available until September 30, 2003, for activities designed to
reduce the risk of flood damage to structures pursuant to such Act, of
which $20,000,000 shall be derived from the National Flood Insurance
Fund.
General Services Administration
federal consumer information center fund
For necessary expenses of the Federal Consumer Information Center,
including services authorized by 5 U.S.C. 3109, $7,276,000, to be
deposited into the Federal Consumer Information Center Fund: Provided,
That the appropriations, revenues, and collections deposited into the
Fund shall be available for necessary expenses of Federal Consumer
Information Center activities in the aggregate amount of $12,000,000.
Appropriations, revenues, and collections accruing to this Fund during
fiscal year 2002 in excess of $12,000,000 shall remain in the Fund and
shall not be available for expenditure except as authorized in
appropriations Acts.
National Aeronautics and Space Administration
human space flight
(including transfer of funds)
For necessary expenses, not otherwise provided for, in the conduct
and support of human space flight research and development activities,
including research, development, operations, support and services;
maintenance; construction of facilities including repair,
rehabilitation, revitalization and modification of facilities,
construction of new facilities and additions to existing facilities,
facility planning and design, environmental compliance and restoration,
and acquisition or condemnation of real property, as authorized by law;
space flight, spacecraft control and communications activities
including operations, production, and services; program management;
personnel and related costs, including uniforms or allowances therefor,
as authorized by 5 U.S.C. 5901-5902; travel expenses; purchase and hire
of passenger motor vehicles; not to exceed $20,000 for official
reception and representation expenses; and purchase, lease, c
2000
harter,
maintenance and operation of mission and administrative aircraft,
$6,868,000,000, to remain available until September 30, 2003, of which
amounts as determined by the Administrator for salaries and benefits;
training, travel and awards; facility and related costs; information
technology services; science, engineering, fabricating and testing
services; and other administrative services may be transferred to the
Science, Aeronautics and Technology account in accordance with section
312(b) of the National Aeronautics and Space Act of 1958, as amended by
Public Law 106-377: Provided, That the funding level for Development
and Operation of the International Space Station shall not exceed
$1,781,300,000 for fiscal year 2002, $1,500,400,000 for fiscal year
2003, $1,203,800,000 for fiscal year 2004, $1,078,300,000 for fiscal
year 2005 and $1,099,600,000 for fiscal year 2006: Provided further,
That the President shall certify, and report such certification to the
Senate Committees on Appropriations and Commerce, Science and
Transportation and to the House of Representatives Committees on
Appropriations and Science, that any proposal to exceed these limits,
or enhance the International Space Station design above the content
planned for U.S. core complete, is (1) necessary and of the highest
priority to enhance the goal of world class research in space aboard
the International Space Station; (2) within acceptable risk levels,
having no major unresolved technical issues and a high confidence in
cost and schedule estimates, and independently validated; and (3)
affordable within the multi-year funding available to the International
Space Station program as defined above or, if exceeds such amounts,
these additional resources are not achieved through any funding
reduction to programs contained in Space Science, Earth Science and
Aeronautics.
science, aeronautics and technology
For necessary expenses, not otherwise provided for, in the conduct
and support of science, aeronautics and technology research and
development activities, including research, development, operations,
support and services; maintenance; construction of facilities including
repair, rehabilitation, revitalization, and modification of facilities,
construction of new facilities and additions to existing facilities,
facility planning and design, environmental compliance and restoration,
and acquisition or condemnation of real property, as authorized by law;
space flight, spacecraft control and communications activities
including operations, production, and services; program management;
personnel and related costs, including uniforms or allowances therefor,
as authorized by 5 U.S.C. 5901-5902; travel expenses; purchase and hire
of passenger motor vehicles; not to exceed $20,000 for official
reception and representation expenses; and purchase, lease, charter,
maintenance and operation of mission and administrative aircraft,
$7,669,700,000, to remain available until September 30, 2003.
office of inspector general
For necessary expenses of the Office of Inspector General in
carrying out the Inspector General Act of 1978, as amended,
$23,700,000.
administrative provisions
Notwithstanding the limitation on the availability of funds
appropriated for ``Human space flight'', or ``Science, aeronautics and
technology'' by this appropriations Act, when any activity has been
initiated by the incurrence of obligations for construction of
facilities as authorized by law, such amount available for such
activity shall remain available until expended. This provision does not
apply to the amounts appropriated for institutional minor
revitalization and construction of facilities, and institutional
facility planning and design.
Notwithstanding the limitation on the availability of funds
appropriated for ``Human space flight'', or ``Science, aeronautics and
technology'' by this appropriations Act, the amounts appropriated for
construction of facilities shall remain available until September 30,
2004.
Notwithstanding the limitation on the availability of funds
appropriated for ``Office of Inspector General'', amounts made
available by this Act for personnel and related costs and travel
expenses of the National Aeronautics and Space Administration shall
remain available until September 30, 2002 and may be used to enter into
contracts for training, investigations, costs associated with personnel
relocation, and for other services, to be provided during the next
fiscal year. Funds for announced prizes otherwise authorized shall
remain available, without fiscal year limitation, until the prize is
claimed or the offer is withdrawn.
National Credit Union Administration
central liquidity facility
(including transfer of funds)
During fiscal year 2002, gross obligations of the Central Liquidity
Facility for the principal amount of new direct loans to member credit
unions, as authorized by 12 U.S.C. 1795 et seq., shall not exceed
$1,500,000,000: Provided, That administrative expenses of the Central
Liquidity Facility shall not exceed $309,000: Provided further, That
$1,000,000 shall be transferred to the Community Development Revolving
Loan Fund, of which $650,000, together with amounts of principal and
interest on loans repaid, shall be available until expended for loans
to community development credit unions, and $350,000 shall be available
until expended for technical assistance to low-income and community
development credit unions.
National Science Foundation
research and related activities
For necessary expenses in carrying out the National Science
Foundation Act of 1950, as amended (42 U.S.C. 1861-1875), and the Act
to establish a National Medal of Science (42 U.S.C. 1880-1881);
services as authorized by 5 U.S.C. 3109; authorized travel; maintenance
and operation of aircraft and purchase of flight services for research
support; acquisition of aircraft; $3,514,481,000, of which not to
exceed $285,000,000 shall remain available until expended for Polar
research and operations support, and for reimbursement to other Federal
agencies for operational and science support and logistical and other
related activities for the United States Antarctic program; the balance
to remain available until September 30, 2003: Provided, That receipts
for scientific support services and materials furnished by the National
Research Centers and other National Science Foundation supported
research facilities may be credited to this appropriation: Provided
further, That to the extent that the amount appropriated is less than
the total amount authorized to be appropriated for included program
activities, all amounts, including floors and ceilings, specified in
the authorizing Act for those program activities or their subactivities
shall be reduced proportionally: Provided further, That $75,000,000 of
the funds available under this heading shall be made available for a
comprehensive research initiative on plant genomes for economically
significant crops.
major research equipment
For necessary expenses of major construction projects pursuant to
the National Science Foundation Act of 1950, as amended, including
authorized travel, $108,832,000, 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, authorized
travel, and rental of conference rooms in the District of Columbia,
$872,407,000, to remain available until September 30, 2003: 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, in
2000
cluding floors and ceilings, specified in
the authorizing Act for those program activities or their subactivities
shall be reduced proportionally: Provided further, That $15,000,000
shall be available for the innovation partnership program.
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; $170,040,000: Provided, That contracts may be entered into
under ``Salaries and expenses'' in fiscal year 2002 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,
$6,760,000, to remain available until September 30, 2003.
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), $100,000,000, of
which $10,000,000 shall be for a homeownership program that is used in
conjunction with section 8 assistance under the United States Housing
Act of 1937, as amended.
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; $25,003,000: Provided,
That during the current fiscal year, the President may exempt this
appropriation from the provisions of 31 U.S.C. 1341, whenever the
President deems such action to be necessary in the interest of national
defense: Provided further, That none of the funds appropriated by this
Act may be expended for or in connection with the induction of any
person into the Armed Forces of the United States.
TITLE IV--GENERAL PROVISIONS
Sec. 401. Where appropriations in titles I, II, and III of this Act
are expendable for travel expenses and no specific limitation has been
placed thereon, the expenditures for such travel expenses may not
exceed the amounts set forth therefor 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 therefor set forth in the estimates
only to the extent such an increase is approved by the Committees on
Appropriations.
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 the 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
2000
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 a report which the Committees on Appropriations of the Congress
approve within 30 days following the date on which the report is
received.
Sec. 415. (a) It is the sense of the Congress that, to the greatest
extent practicable, all equipment and products purchased with funds
made available in this Act should be American-made.
(b) In providing financial assistance to, or entering into any
contract with, any entity using funds made available in this Act, the
head of each Federal agency, to the greatest extent practicable, shall
provide to such entity a notice describing the statement made in
subsection (a) by the Congress.
Sec. 416. None of the funds appropriated in this Act may be used to
implement any cap on reimbursements to grantees for indirect costs,
except as published in Office of Management and Budget Circular A-21.
Sec. 417. Such sums as may be necessary for fiscal year 2002 pay
raises for programs funded by this Act shall be absorbed within the
levels appropriated in this Act.
Sec. 418. None of the funds made available in this Act may be used
for any program, project, or activity, when the program, project, or
activity is not in compliance with any Federal law relating to risk
assessment, the protection of private property rights, or unfunded
mandates.
Sec. 419. Corporations and agencies of the Department of Housing
and Urban Development which are subject to the Government Corporation
Control Act, as amended, are hereby authorized to make such
expenditures, within the limits of funds and borrowing authority
available to each such corporation or agency and in accord with law,
and to make such contracts and commitments without regard to fiscal
year limitations as provided by section 104 of such Act as may be
necessary in carrying out the programs set forth in the budget for 2002
for such corporation or agency except as hereinafter provided:
Provided, That collections of these corporations and agencies may be
used for new loan or mortgage purchase commitments only to the extent
expressly provided for in this Act (unless such loans are in support of
other forms of assistance provided for in this or prior appropriations
Acts), except that this proviso shall not apply to the mortgage
insurance or guaranty operations of these corporations, or where loans
or mortgage purchases are necessary to protect the financial interest
of the United States Government.
Sec. 420. Notwithstanding any other provision of law, the term
``qualified student loan'' with respect to national service education
awards shall mean any loan determined by an institution of higher
education to be necessary to cover a student's cost of attendance at
such institution and made directly to a student by a state agency, in
addition to other meanings under section 148(b)(7) of the National and
Community Service Act.
Sec. 421. Unless otherwise provided for in this Act, no part of any
appropriation for the Department of Housing and Urban Development shall
be available for any activity in excess of amounts set forth in the
budget estimates submitted to Congress.
Sec. 422. None of the funds appropriated or otherwise made
available by this Act shall be used to promulgate a final regulation to
implement changes in the payment of pesticide tolerance processing fees
as proposed at 64 Fed. Reg. 31040, or any similar proposals. The
Environmental Protection Agency may proceed with the development of
such a rule.
Sec. 423. Except in the case of entities that are funded solely
with Federal funds or any natural persons that are funded under this
Act, none of the funds in this Act shall be used for the planning or
execution of any program to pay the expenses of, or otherwise
compensate, non-Federal parties to lobby or litigate in respect to
adjudicatory proceedings funded in this Act. A chief executive officer
of any entity receiving funds under this Act shall certify that none of
these funds have been used to engage in the lobbying of the Federal
Government or in litigation against the United States unless authorized
under existing law.
Sec. 424. No part of any funds appropriated in this Act shall be
used by an agency of the executive branch, other than for normal and
recognized executive-legislative relationships, for publicity or
propaganda purposes, and for the preparation, distribution or use of
any kit, pamphlet, booklet, publication, radio, television or film
presentation designed to support or defeat legislation pending before
the Congress, except in presentation to the Congress itself.
Sec. 425. None of the funds provided in Title II for technical
assistance, training, or management improvements may be obligated or
expended unless HUD provides to the Committees on Appropriations a
description of each proposed activity and a detailed budget estimate of
the costs associated with each activity as part of the Budget
Justifications. For fiscal year 2002, HUD shall transmit this
information to the Committees by January 8, 2002 for 30 days of review.
Sec. 426. Section 70113(f) of title 49, United States Code, is
amended by striking ``December 31, 2001'', and inserting ``December 31,
2002''.
Sec. 427. All Departments and agencies funded under this Act are
encouraged, within the limits of the existing statutory authorities and
funding, to expand their use of ``E-Commerce'' technologies and
procedures in the conduct of their business practices and public
service activities.
Sec. 428. The Administrator of the Environmental Protection Agency,
pursuant to the Safe Drinking Water Act, shall immediately put into
effect a new national primary drinking water regulation for arsenic
that--
(1) establishes a standard for arsenic at a level providing
for the protection of the population in general, fully taking
into account those at greater risk, such as infants, children,
pregnant women, the elderly and those with a history of serious
illness; and
(2) lifts the suspension on the effective date for the
community right to know requirements included in the national
primary drinking water regulation for arsenic published on
1a14
January 22, 2001, in the Federal Register (66 Fed. Reg. 6976).
Sec. 429. Arsenic in Playground Equipment. (a) Findings.--The
Congress makes the following findings:
(1) The Department of Health and Human Services has
determined that arsenic is a known carcinogen, and the
Environmental Protection Agency has classified chromated copper
arsenate (CCA), which is 22 percent arsenic, as a ``restricted
use chemical''.
(2) CCA is often used as a preservative in pressure-treated
wood, and CCA-treated wood is widely used in constructing
playground equipment frequented by children.
(3) In 2001, many communities in Florida and elsewhere have
temporarily or permanently closed playgrounds in response to
elevated levels of arsenic in soil surrounding CCA-treated wood
playground equipment.
(4) The State of Florida recently announced that its own
wood-treatment plant would cease using arsenic as a
preservative.
(5) PlayNation Play Systems, which manufactures playground
equipment, announced in June 2001 that it would no longer use
CCA as a preservative in its playground products.
(6) In May 2001, the Environmental Protection Agency
announced that it would expedite its ongoing review of the
health risks facing children playing near CCA-treated wood
playground equipment, and produce its findings in June 2001.
The EPA later postponed the release of its risk assessment
until the end of the summer of 2001, and announced that its
risk assessment would be reviewed by a Scientific Advisory
Panel in October 2001.
(7) The EPA also plans to expedite its risk assessment
regarding the re-registering of arsenic as a pesticide by
accelerating its release from 2003 to 2002.
(8) The Consumer Product Safety Commission, which has the
authority to ban hazardous and dangerous products, announced in
June 2001 that it would consider a petition seeking the banning
of CCA-treated wood from all playground equipment.
(9) Many viable alternatives to CCA-treated wood exist,
including cedar, plastic products, aluminum, and treated wood
without CCA. These products, alone or in combination, can fully
replace CCA-treated wood in playground equipment.
(b) Sense of the Senate.--It is the sense of the Senate that the
potential health and safety risks to children playing on and around
CCA-treated wood playground equipment is a matter of the highest
priority, which demands immediate attention from the Congress, the
Executive Branch, State and local governments, affected industries, and
parents.
(c) Report.--Not later than 30 days after the date of enactment of
this Act, the Administrator of the Environmental Protection Agency, in
consultation with the Consumer Product Safety Commission, shall submit
a report to Congress which shall include--
(1) the Environmental Protection Agency's most up-to-date
understanding of the potential health and safety risks to
children playing on and around CCA-treated wood playground
equipment;
(2) the Environmental Protection Agency's current
recommendations to State and local governments about the
continued use of CCA-treated wood playground equipment; and
(3) an assessment of whether consumers considering
purchases of CCA-treated wood playground equipment are
adequately informed concerning the health effects associated
with arsenic.
Sec. 430. Experimental Program To Stimulate Competitive Research.
From amounts available to the National Science Foundation under this
Act, a total of $115,000,000 may be available to carry out the
Experimental Program to Stimulate Competitive Research (EPSCoR), which
includes $25,000,000 in co-funding.
Sec. 431. Sense of the Senate Concerning the State Water Pollution
Control Revolving Fund. (a) Findings.--Congress finds that--
(1) funds from the drinking water State revolving fund
established under section 1452 of the Safe Drinking Water Act
(42 U.S.C. 300j-12) are allocated on the basis of an
infrastructure needs survey conducted by the Administrator of
the Environmental Protection Agency, in accordance with the
Safe Drinking Water Act Amendments of 1996 (Public Law 104-
182);
(2) the needs-based allocation of that fund was enacted by
Congress and is seen as a fair and reasonable basis for
allocation of funds under a revolving fund of this type;
(3) the Administrator of the Environmental Protection
Agency also conducts a wastewater infrastructure needs survey
that should serve as the basis for allocation of the State
water pollution control revolving fund established under title
VI of the Federal Water Pollution Control Act (33 U.S.C. 1381
et seq.);
(4) the current allocation formula for the State water
pollution control revolving fund is so inequitable that it
results in some States receiving funding in an amount up to 7
times as much as States with approximately similar populations,
in terms of percentage of need met; and
(5) the Senate has proven unwilling to address that
inequity in an appropriations bill, citing the necessity of
addressing new allocation formulas only in authorization bills.
(b) Sense of the Senate.--It is the sense of the Senate that the
Committee on Environment and Public Works of the Senate should be
prepared to enact authorizing legislation (including an equitable,
needs-based formula) for the State water pollution control revolving
fund as soon as practicable after the Senate returns from recess in
September.
This Act may be cited as the ``Departments of Veterans Affairs and
Housing and Urban Development, and Independent Agencies Appropriations
Act, 2002''.
Passed the House of Representatives July 30, 2001.
Attest:
JEFF TRANDAHL,
Clerk.
Passed the Senate August 2, 2001.
Attest:
JERI THOMSON,
Secretary.
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