II

Calendar No. 97

107TH CONGRESS

1ST SESSION S. 1216

[Report No. 107–43]

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.

IN THE SENATE OF THE UNITED STATES

JULY 20, 2001

Ms. MIKULSKI, from the Committee on Appropriations, reported the following

original bill; which was read twice and placed on the calendar

A BILL

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 That the following sums are appropriated, out of any

4 money in the Treasury not otherwise appropriated, for the

5 Departments of Veteran Affairs and Housing and Urban
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1 Development, and for sundry independent agencies,

2 boards, commissions, corporations, and offices for the fis3 cal year ending September 30, 2002, and for other pur4 poses, namely:

5 TITLE I—DEPARTMENT OF VETERANS AFFAIRS

6 VETERANS BENEFITS ADMINISTRATION

7 COMPENSATION AND PENSIONS

8 (INCLUDING TRANSFERS OF FUNDS)

9 For the payment of compensation benefits to or on

10 behalf of veterans and a pilot program for disability ex11 aminations as authorized by law (38 U.S.C. 107, chapters

12 11, 13, 18, 51, 53, 55, and 61); pension benefits to or

13 on behalf of veterans as authorized by law (38 U.S.C.

14 chapters 15, 51, 53, 55, and 61; 92 Stat. 2508); and bur15 ial benefits, emergency and other officers’ retirement pay,

16 adjusted-service credits and certificates, payment of pre17 miums due on commercial life insurance policies guaran18 teed under the provisions of Article IV of the Soldiers’

19 and Sailors’ Civil Relief Act of 1940, as amended, and

20 for other benefits as authorized by law (38 U.S.C. 107,

21 1312, 1977, and 2106, chapters 23, 51, 53, 55, and 61;

22 50 U.S.C. App. 540–548; 43 Stat. 122, 123; 45 Stat. 735;

23 76 Stat. 1198), $24,944,288,000, to remain available

24 until expended: Provided, That not to exceed $17,940,000

25 of the amount appropriated shall be reimbursed to ‘‘Gen26 eral operating expenses’’ and ‘‘Medical care’’ for necessary
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1 expenses in implementing those provisions authorized in

2 the Omnibus Budget Reconciliation Act of 1990, and in

3 the Veterans’ Benefits Act of 1992 (38 U.S.C. chapters

4 51, 53, and 55), the funding source for which is specifi5 cally provided as the ‘‘Compensation and pensions’’ appro6 priation: Provided further, That such sums as may be

7 earned on an actual qualifying patient basis, shall be reim8 bursed to ‘‘Medical facilities revolving fund’’ to augment

9 the funding of individual medical facilities for nursing

10 home care provided to pensioners as authorized.

11 READJUSTMENT BENEFITS

12 For the payment of readjustment and rehabilitation

13 benefits to or on behalf of veterans as authorized by 38

14 U.S.C. chapters 21, 30, 31, 34, 35, 36, 39, 51, 53, 55,

15 and 61, $2,135,000,000, to remain available until ex16 pended: Provided, That expenses for rehabilitation pro17 gram services and assistance which the Secretary is au18 thorized to provide under section 3104(a) of title 38,

19 United States Code, other than under subsection (a)(1),

20 (2), (5) and (11) of that section, shall be charged to the

21 account: Provided further, That funds shall be available

22 to pay any court order, court award or any compromise

23 settlement arising from litigation involving the vocational

24 training program authorized by section 18 of Public Law

25 98–77, as amended.
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1 VETERANS INSURANCE AND INDEMNITIES

2 For military and naval insurance, national service life

3 insurance, servicemen’s indemnities, service-disabled vet4 erans insurance, and veterans mortgage life insurance as

5 authorized by 38 U.S.C. chapter 19; 70 Stat. 887; 72

6 Stat. 487, $26,200,000, to remain available until ex7 pended.

8 VETERANS HOUSING BENEFIT PROGRAM FUND PROGRAM

9 ACCOUNT

10 (INCLUDING TRANSFER OF FUNDS)

11 For the cost of direct and guaranteed loans, such

12 sums as may be necessary to carry out the program, as

13 authorized by 38 U.S.C. chapter 37, as amended: Pro14 vided, That such costs, including the cost of modifying

15 such loans, shall be as defined in section 502 of the Con16 gressional Budget Act of 1974, as amended: Provided fur17 ther, That during fiscal year 2002, within the resources

18 available, not to exceed $300,000 in gross obligations for

19 direct loans are authorized for specially adapted housing

20 loans.

21 In addition, for administrative expenses to carry out

22 the direct and guaranteed loan programs, $164,497,000,

23 which may be transferred to and merged with the appro24 priation for ‘‘General operating expenses’’.
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1 EDUCATION LOAN FUND PROGRAM ACCOUNT

2 (INCLUDING TRANSFER OF FUNDS)

3 For the cost of direct loans, $1,000, as authorized

4 by 38 U.S.C. 3698, as amended: Provided, That such

5 costs, including the cost of modifying such loans, shall be

6 as defined in section 502 of the Congressional Budget Act

7 of 1974, as amended: Provided further, That these funds

8 are available to subsidize gross obligations for the prin9 cipal amount of direct loans not to exceed $3,400.

10 In addition, for administrative expenses necessary to

11 carry out the direct loan program, $64,000, which may

12 be transferred to and merged with the appropriation for

13 ‘‘General operating expenses’’.

14 VOCATIONAL REHABILITATION LOANS PROGRAM ACCOUNT

15 (INCLUDING TRANSFER OF FUNDS)

16 For the cost of direct loans, $72,000, as authorized

17 by 38 U.S.C. chapter 31, as amended: Provided, That such

18 costs, including the cost of modifying such loans, shall be

19 as defined in section 502 of the Congressional Budget Act

20 of 1974, as amended: Provided further, That these funds

21 are available to subsidize gross obligations for the prin22 cipal amount of direct loans not to exceed $3,301,000.

23 In addition, for administrative expenses necessary to

24 carry out the direct loan program, $274,000, which may

25 be transferred to and merged with the appropriation for

26 ‘‘General operating expenses’’.
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1 NATIVE AMERICAN VETERAN HOUSING LOAN PROGRAM

2 ACCOUNT

3 (INCLUDING TRANSFER OF FUNDS)

4 For administrative expenses to carry out the direct

5 loan program authorized by 38 U.S.C. chapter 37, sub6 chapter V, as amended, $544,000, which may be trans7 ferred to and merged with the appropriation for ‘‘General

8 operating expenses’’.

9 GUARANTEED TRANSITIONAL HOUSING LOANS FOR

10 HOMELESS VETERANS PROGRAM ACCOUNT

11 (INCLUDING TRANSFER OF FUNDS)

12 Not to exceed $750,000 of the amounts appropriated

13 by this Act for ‘‘General operating expenses’’ and ‘‘Med14 ical care’’ may be expended for the administrative ex15 penses to carry out the guaranteed loan program author16 ized by 38 U.S.C. chapter 37, subchapter VI.

17 VETERANS HEALTH ADMINISTRATION

18 MEDICAL CARE

19 (INCLUDING TRANSFER OF FUNDS)

20 For necessary expenses for the maintenance and op21 eration of hospitals, nursing homes, and domiciliary facili22 ties; for furnishing, as authorized by law, inpatient and

23 outpatient care and treatment to beneficiaries of the De24 partment of Veterans Affairs, including care and treat25 ment in facilities not under the jurisdiction of the depart26 ment; and furnishing recreational facilities, supplies, and
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1 equipment; funeral, burial, and other expenses incidental

2 thereto for beneficiaries receiving care in the department;

3 administrative expenses in support of planning, design,

4 project management, real property acquisition and disposi5 tion, construction and renovation of any facility under the

6 jurisdiction or for the use of the department; oversight,

7 engineering and architectural activities not charged to

8 project cost; repairing, altering, improving or providing fa9 cilities in the several hospitals and homes under the juris10 diction of the department, not otherwise provided for, ei11 ther by contract or by the hire of temporary employees

12 and purchase of materials; uniforms or allowances there13 for, as authorized by 5 U.S.C. 5901–5902; aid to State

14 homes as authorized by 38 U.S.C. 1741; administrative

15 and legal expenses of the department for collecting and

16 recovering amounts owed the department as authorized

17 under 38 U.S.C. chapter 17, and the Federal Medical

18 Care Recovery Act, 42 U.S.C. 2651 et seq.,

19 $21,379,742,000, plus reimbursements: Provided, That of

20 the funds made available under this heading,

21 $675,000,000 is for the equipment and land and struc22 tures object classifications only, which amount shall not

23 become available for obligation until August 1, 2002, and

24 shall remain available until September 30, 2003: Provided

25 further, That of the funds made available under this head-
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1 ing, not to exceed $900,000,000 shall be available until

2 September 30, 2003: Provided further, That, in addition

3 to other funds made available under this heading for non4 recurring maintenance and repair (NRM) activities,

5 $30,000,000 shall be available without fiscal year limita6 tion to support the NRM activities necessary to implement

7 Capital Asset Realignment for Enhanced Services

8 (CARES) activities: Provided further, That from amounts

9 appropriated under this heading, additional amounts, as

10 designated by the Secretary no later than September 30,

11 2002, may be used for CARES activities without fiscal

12 year limitation: Provided further, That the Secretary of

13 Veterans Affairs shall conduct by contract a program of

14 recovery audits for the fee basis and other medical services

15 contracts with respect to payments for hospital care; and,

16 notwithstanding 31 U.S.C. 3302(b), amounts collected, by

17 setoff or otherwise, as the result of such audits shall be

18 available, without fiscal year limitation, for the purposes

19 for which funds are appropriated under this heading and

20 the purposes of paying a contractor a percent of the

21 amount collected as a result of an audit carried out by

22 the contractor: Provided further, That all amounts so col23 lected under the preceding proviso with respect to a des24 ignated health care region (as that term is defined in 38
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1 U.S.C. 1729A(d)(2)) shall be allocated, net of payments

2 to the contractor, to that region.

3 In addition, in conformance with Public Law 105–

4 33 establishing the Department of Veterans Affairs Med5 ical Care Collections Fund, such sums as may be deposited

6 to such Fund pursuant to 38 U.S.C. 1729A may be trans7 ferred to this account, to remain available until expended

8 for the purposes of this account.

9 MEDICAL AND PROSTHETIC RESEARCH

10 For necessary expenses in carrying out programs of

11 medical and prosthetic research and development as au12 thorized by 38 U.S.C. chapter 73, to remain available until

13 September 30, 2003, $390,000,000, plus reimbursements.

14 MEDICAL ADMINISTRATION AND MISCELLANEOUS

15 OPERATING EXPENSES

16 For necessary expenses in the administration of the

17 medical, hospital, nursing home, domiciliary, construction,

18 supply, and research activities, as authorized by law; ad19 ministrative expenses in support of capital policy activi20 ties, $67,628,000, plus reimbursements: Provided, That

21 technical and consulting services offered by the Facilities

22 Management Field Service, including project management

23 and real property administration (including leases, site ac24 quisition and disposal activities directly supporting

25 projects), shall be provided to Department of Veterans Af-
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1 fairs components only on a reimbursable basis, and such

2 amounts will remain available until September 30, 2002.

3 DEPARTMENTAL ADMINISTRATION

4 GENERAL OPERATING EXPENSES

5 For necessary operating expenses of the Department

6 of Veterans Affairs, not otherwise provided for, including

7 uniforms or allowances therefor; not to exceed $25,000 for

8 official reception and representation expenses; hire of pas9 senger motor vehicles; and reimbursement of the General

10 Services Administration for security guard services, and

11 the Department of Defense for the cost of overseas em12 ployee mail, $1,194,831,000: Provided, That expenses for

13 services and assistance authorized under 38 U.S.C.

14 3104(a)(1), (2), (5) and (11) that the Secretary deter15 mines are necessary to enable entitled veterans (1) to the

16 maximum extent feasible, to become employable and to ob17 tain and maintain suitable employment; or (2) to achieve

18 maximum independence in daily living, shall be charged

19 to this account: Provided further, That of the funds made

20 available under this heading, not to exceed $60,000,000

21 shall be available until September 30, 2003: Provided fur22 ther, That of the funds made available under this heading,

23 the Veterans Benefits Administration may purchase up to

24 four passenger motor vehicles for use in their Manila,
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1 Philippines operation: Provided further, That travel ex2 penses for this account shall not exceed $15,665,000.

3 NATIONAL CEMETERY ADMINISTRATION

4 For necessary expenses of the National Cemetery Ad5 ministration for operations and maintenance, not other6 wise provided for, including uniforms or allowances there7 for; cemeterial expenses as authorized by law; purchase

8 of one passenger motor vehicle for use in cemeterial oper9 ations; and hire of passenger motor vehicles,

10 $121,169,000.

11 OFFICE OF INSPECTOR GENERAL

12 For necessary expenses of the Office of Inspector

13 General in carrying out the Inspector General Act of 1978,

14 as amended, $48,308,000.

15 CONSTRUCTION, MAJOR PROJECTS

16 For constructing, altering, extending and improving

17 any of the facilities under the jurisdiction or for the use

18 of the Department of Veterans Affairs, or for any of the

19 purposes set forth in sections 316, 2404, 2406, 8102,

20 8103, 8106, 8108, 8109, 8110, and 8122 of title 38,

21 United States Code, including planning, architectural and

22 engineering services, maintenance or guarantee period

23 services costs associated with equipment guarantees pro24 vided under the project, services of claims analysts, offsite

25 utility and storm drainage system construction costs, and

26 site acquisition, where the estimated cost of a project is
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1 $4,000,000 or more or where funds for a project were

2 made available in a previous major project appropriation,

3 $155,180,000, to remain available until expended, of

4 which $60,000,000 shall be for Capital Asset Realignment

5 for Enhanced Services (CARES) activities; and of which

6 not to exceed $20,000,000 shall be for costs associated

7 with land acquisitions for national cemeteries in the vicin8 ity of Sacramento, California; Pittsburgh, Pennsylvania;

9 and Detroit, Michigan: Provided, That except for advance

10 planning activities (including market-based and other as11 sessments of needs which may lead to capital investments)

12 funded through the advance planning fund, design of

13 projects funded through the design fund, and planning

14 and design activities funded through the CARES fund (in15 cluding market-based and other assessments of needs

16 which may lead to capital investments), none of these

17 funds shall be used for any project which has not been

18 approved by the Congress in the budgetary process: Pro19 vided further, That funds provided in this appropriation

20 for fiscal year 2002, for each approved project (except

21 those for CARES activities and the three land acquisitions

22 referenced above) shall be obligated: (1) by the awarding

23 of a construction documents contract by September 30,

24 2002; and (2) by the awarding of a construction contract

25 by September 30, 2003: Provided further, That the Sec-
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1 retary shall promptly report in writing to the Committees

2 on Appropriations any approved major construction

3 project in which obligations are not incurred within the

4 time limitations established above: Provided further, That

5 no funds from any other account except the ‘‘Parking re6 volving fund’’, may be obligated for constructing, altering,

7 extending, or improving a project which was approved in

8 the budget process and funded in this account until one

9 year after substantial completion and beneficial occupancy

10 by the Department of Veterans Affairs of the project or

11 any part thereof with respect to that part only.

12 CONSTRUCTION, MINOR PROJECTS

13 For constructing, altering, extending, and improving

14 any of the facilities under the jurisdiction or for the use

15 of the Department of Veterans Affairs, including planning

16 and assessments of needs which may lead to capital invest17 ments, architectural and engineering services, mainte18 nance or guarantee period services costs associated with

19 equipment guarantees provided under the project, services

20 of claims analysts, offsite utility and storm drainage sys21 tem construction costs, and site acquisition, or for any of

22 the purposes set forth in sections 316, 2404, 2406, 8102,

23 8103, 8106, 8108, 8109, 8110, 8122, and 8162 of title

24 38, United States Code, where the estimated cost of a

25 project is less than $4,000,000, $178,900,000, to remain

26 available until expended, along with unobligated balances
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1 of previous ‘‘Construction, minor projects’’ appropriations

2 which are hereby made available for any project where the

3 estimated cost is less than $4,000,000, of which

4 $25,000,000 shall be for Capital Asset Realignment for

5 Enhanced Services (CARES) activities: Provided, That

6 from amounts appropriated under this heading, additional

7 amounts may be used for CARES activities: Provided fur8 ther, That funds in this account shall be available for: (1)

9 repairs to any of the nonmedical facilities under the juris10 diction or for the use of the department which are nec11 essary because of loss or damage caused by any natural

12 disaster or catastrophe; and (2) temporary measures nec13 essary to prevent or to minimize further loss by such

14 causes.

15 PARKING REVOLVING FUND

16 For the parking revolving fund as authorized by 38

17 U.S.C. 8109, income from fees collected and $4,000,000

18 from the General Fund, both to remain available until ex19 pended, which shall be available for all authorized ex20 penses except operations and maintenance costs, which

21 will be funded from ‘‘Medical care’’.

22 GRANTS FOR CONSTRUCTION OF STATE EXTENDED CARE

23 FACILITIES

24 For grants to assist States to acquire or construct

25 State nursing home and domiciliary facilities and to re26 model, modify or alter existing hospital, nursing home and
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1 domiciliary facilities in State homes, for furnishing care

2 to veterans as authorized by 38 U.S.C. 8131–8137,

3 $100,000,000, to remain available until expended.

4 GRANTS FOR THE CONSTRUCTION OF STATE VETERANS

5 CEMETERIES

6 For grants to aid States in establishing, expanding,

7 or improving State veterans cemeteries as authorized by

8 38 U.S.C. 2408, $25,000,000, to remain available until

9 expended.

10 ADMINISTRATIVE PROVISIONS

11 (INCLUDING TRANSFER OF FUNDS)

12 SEC. 101. Any appropriation for fiscal year 2002 for

13 ‘‘Compensation and pensions’’, ‘‘Readjustment benefits’’,

14 and ‘‘Veterans insurance and indemnities’’ may be trans15 ferred to any other of the mentioned appropriations.

16 SEC. 102. Appropriations available to the Depart17 ment of Veterans Affairs for fiscal year 2002 for salaries

18 and expenses shall be available for services authorized by

19 5 U.S.C. 3109.

20 SEC. 103. No appropriations in this Act for the De21 partment of Veterans Affairs (except the appropriations

22 for ‘‘Construction, major projects’’, ‘‘Construction, minor

23 projects’’, and the ‘‘Parking revolving fund’’) shall be

24 available for the purchase of any site for or toward the

25 construction of any new hospital or home.
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1 SEC. 104. No appropriations in this Act for the De2 partment of Veterans Affairs shall be available for hos3 pitalization or examination of any persons (except bene4 ficiaries entitled under the laws bestowing such benefits

5 to veterans, and persons receiving such treatment under

6 5 U.S.C. 7901–7904 or 42 U.S.C. 5141–5204), unless re7 imbursement of cost is made to the ‘‘Medical care’’ ac8 count at such rates as may be fixed by the Secretary of

9 Veterans Affairs.

10 SEC. 105. Appropriations available to the Depart11 ment of Veterans Affairs for fiscal year 2002 for ‘‘Com12 pensation and pensions’’, ‘‘Readjustment benefits’’, and

13 ‘‘Veterans insurance and indemnities’’ shall be available

14 for payment of prior year accrued obligations required to

15 be recorded by law against the corresponding prior year

16 accounts within the last quarter of fiscal year 2001.

17 SEC. 106. Appropriations accounts available to the

18 Department of Veterans Affairs for fiscal year 2002 shall

19 be available to pay prior year obligations of corresponding

20 prior year appropriations accounts resulting from title X

21 of the Competitive Equality Banking Act, Public Law

22 100–86, except that if such obligations are from trust

23 fund accounts they shall be payable from ‘‘Compensation

24 and pensions’’.
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1 SEC. 107. Notwithstanding any other provision of

2 law, during fiscal year 2002, the Secretary of Veterans

3 Affairs shall, from the National Service Life Insurance

4 Fund (38 U.S.C. 1920), the Veterans’ Special Life Insur5 ance Fund (38 U.S.C. 1923), and the United States Gov6 ernment Life Insurance Fund (38 U.S.C. 1955), reim7 burse the ‘‘General operating expenses’’ account for the

8 cost of administration of the insurance programs financed

9 through those accounts: Provided, That reimbursement

10 shall be made only from the surplus earnings accumulated

11 in an insurance program in fiscal year 2002, that are

12 available for dividends in that program after claims have

13 been paid and actuarially determined reserves have been

14 set aside: Provided further, That if the cost of administra15 tion of an insurance program exceeds the amount of sur16 plus earnings accumulated in that program, reimburse17 ment shall be made only to the extent of such surplus

18 earnings: Provided further, That the Secretary shall deter19 mine the cost of administration for fiscal year 2002, which

20 is properly allocable to the provision of each insurance pro21 gram and to the provision of any total disability income

22 insurance included in such insurance program.

23 SEC. 108. For fiscal year 2002 only, funds available

24 in any Department of Veterans Affairs appropriation or

25 fund for salaries and other administrative expenses shall
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1 also be available to reimburse the Office of Resolution

2 Management and the Office of Employment Discrimina3 tion Complaint Adjudication for all services provided at

4 rates which will recover actual costs. Payments may be

5 made in advance for services to be furnished, based on

6 estimated costs. Amounts received shall be credited to the

7 General Operating Expenses account for use by the office

8 that provided the service. Total resources available to

9 these offices for fiscal year 2002 shall not exceed

10 $28,550,000 for the Office of Resolution Management and

11 $2,383,000 for the Office of Employment and Discrimina12 tion Complaint Adjudication.

13 SEC. 109. Notwithstanding any other provision of

14 law, the Department of Veterans Affairs shall continue the

15 Franchise Fund pilot program authorized to be estab16 lished by section 403 of Public Law 103–356 until Octo17 ber 1, 2002: Provided, That the Franchise Fund, estab18 lished by Title I of Public Law 104–204 to finance the

19 operations of the Franchise Fund pilot program, shall con20 tinue until October 1, 2002.
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1 TITLE II—DEPARTMENT OF HOUSING AND

2 URBAN DEVELOPMENT

3 PUBLIC AND INDIAN HOUSING

4 HOUSING CERTIFICATE FUND

5 (INCLUDING RESCISSION AND TRANSFERS OF FUNDS)

6 For activities and assistance to prevent the involun7 tary displacement of low-income families, the elderly and

8 the disabled because of the loss of affordable housing

9 stock, expiration of subsidy contracts (other than con10 tracts for which amounts are provided under another

11 heading in this Act) or expiration of use restrictions, or

12 other changes in housing assistance arrangements, and for

13 other purposes, $15,658,769,000 and amounts that are

14 recaptured in this account to remain available until ex15 pended: Provided, That of the total amount provided

16 under this heading, $15,506,746,000, of which

17 $11,306,746,000 shall be available on October 1, 2001

18 and $4,200,000,000 shall be available on October 1, 2002

19 shall be for assistance under the United States Housing

20 Act of 1937, as amended (‘‘the Act’’ herein) (42 U.S.C.

21 1437): Provided further, That the foregoing amounts shall

22 be for use in connection with expiring or terminating sec23 tion 8 subsidy contracts, for amendments to section 8 sub24 sidy contracts, for enhanced vouchers (including amend25 ments and renewals) under any provision of law author26 izing such assistance under section 8(t) of the Act (47
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1 U.S.C. 1437f(t)), contract administrators, and contracts

2 entered into pursuant to section 441 of the McKinney3 Vento Homeless Assistance Act: Provided further, That

4 amounts available under the first proviso under this head5 ing shall be available for section 8 rental assistance under

6 the Act: (1) for the relocation and replacement of housing

7 units that are demolished or disposed of pursuant to the

8 Omnibus Consolidated Rescissions and Appropriations Act

9 of 1996; (2) for the conversion of section 23 projects to

10 assistance under section 8; (3) for funds to carry out the

11 family unification program; (4) for the relocation of wit12 nesses in connection with efforts to combat crime in public

13 and assisted housing pursuant to a request from a law

14 enforcement or prosecution agency; (5) for tenant protec15 tion assistance, including replacement and relocation as16 sistance; and (6) for the 1-year renewal of section 8 con17 tracts at current rents for units in a project that is subject

18 to an approved plan of action under the Emergency Low

19 Income Housing Preservation Act of 1987 or the Low-In20 come Housing Preservation and Resident Homeownership

21 Act of 1990: Provided further, That of the total amount

22 provided under this heading, no less than $13,400,000

23 shall be transferred to the Working Capital Fund for the

24 development and maintenance of information technology

25 systems: Provided further, That of the total amount pro-
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1 vided under this heading, $40,000,000 shall be made

2 available to nonelderly disabled families affected by the

3 designation of a public housing development under section

4 7 of the Act, the establishment of preferences in accord5 ance with section 651 of the Housing and Community De6 velopment Act of 1992 (42 U.S.C. 1361l), or the restric7 tion of occupancy to elderly families in accordance with

8 section 658 of such Act, and to the extent the Secretary

9 determines that such amount is not needed to fund appli10 cations for such affected families, to other nonelderly dis11 abled families: Provided further, That of the total amount

12 provided under this heading, $98,623,000 shall be made

13 available for incremental vouchers under section 8 of the

14 Act on a fair share basis to those public housing agencies

15 that have no less than 97 percent occupancy rate: Pro16 vided further, That amounts available under this heading

17 may be made available for administrative fees and other

18 expenses to cover the cost of administering rental assist19 ance programs under section 8 of the Act: Provided fur20 ther, That the fee otherwise authorized under section 8(q)

21 of such Act shall be determined in accordance with section

22 8(q), as in effect immediately before the enactment of the

23 Quality Housing and Work Responsibility Act of 1998:

24 Provided further, That $615,000,000 are rescinded from

25 unobligated balances remaining from funds appropriated
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1 to the Department of Housing and Urban Development

2 under this heading or the heading ‘‘Annual contributions

3 for assisted housing’’ for fiscal year 2002 and prior years:

4 Provided further, That, after the amount is rescinded

5 under the previous proviso, to the extent an additional

6 amount is available for rescission from unobligated bal7 ances remaining for funds appropriated to the Depart8 ment of Housing and Urban Development under this

9 heading or the heading ‘‘Annual contributions for assisted

10 housing’’ for fiscal year 2002 and prior years, such

11 amount shall be made available on a pro-rata basis, no

12 sooner than September 1, 2002, and shall be transferred

13 for use under the ‘‘Research and Related Activities’’ ac14 count of the National Science Foundation, and shall be

15 transferred for use under the ‘‘Science, Aeronautics and

16 Technology’’ account of the National Aeronautics and

17 Space Administration, and shall be transferred for use

18 under the ‘‘HOME investment partnership program’’ ac19 count of the Department of Housing and Urban Develop20 ment for the production of mixed-income housing for

21 which this amount shall be used to assist the construction

22 of units that serve extremely low-income families, and

23 shall be transferred for use under the ‘‘Housing for Spe24 cial Populations’’ account of the Department of Housing

25 and Urban Development: Provided further, That the Sec-
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1 retary shall have until September 30, 2002, to meet the

2 rescissions in the preceding provisos: Provided further,

3 That any obligated balances of contract authority that

4 have been terminated shall be canceled.

5 PUBLIC HOUSING CAPITAL FUND

6 (INCLUDING TRANSFER OF FUNDS)

7 For the Public Housing Capital Fund Program to

8 carry out capital and management activities for public

9 housing agencies, as authorized under section 9 of the

10 United States Housing Act of 1937, as amended (42

11 U.S.C. 1437), $2,943,400,000, to remain available until

12 September 30, 2003, of which up to $50,000,000 shall be

13 for carrying out activities under section 9(h) of such Act,

14 up to $500,000 shall be for lease adjustments to section

15 23 projects and no less than $43,000,000 shall be trans16 ferred to the Working Capital Fund for the development

17 and maintenance of information technology systems: Pro18 vided, That no funds may be used under this heading for

19 the purposes specified in section 9(k) of the United States

20 Housing Act of 1937, as amended: Provided further, That

21 of the total amount, up to $75,000,000 shall be available

22 for the Secretary of Housing and Urban Development to

23 make grants to public housing agencies for emergency cap24 ital needs resulting from emergencies and natural disas25 ters in fiscal year 2002.
24

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1 PUBLIC HOUSING OPERATING FUND

2 For payments to public housing agencies for the oper3 ation and management of public housing, as authorized

4 by section 9(e) of the United States Housing Act of 1937,

5 as amended (42 U.S.C. 1437g), $3,384,868,000, to re6 main available until September 30, 2003: Provided, That

7 no funds may be used under this heading for the purposes

8 specified in section 9(k) of the United States Housing Act

9 of 1937, as amended.

10 DRUG ELIMINATION GRANTS FOR LOW-INCOME HOUSING

11 For grants to public housing agencies and Indian

12 tribes and their tribally designated housing entities for use

13 in eliminating crime in public housing projects authorized

14 by 42 U.S.C. 11901–11908, for grants for federally as15 sisted low-income housing authorized by 42 U.S.C. 11909,

16 and for drug information clearinghouse services author17 ized by 42 U.S.C. 11921–11925, $300,000,000, to remain

18 available until expended: Provided, That of the total

19 amount provided under this heading, up to $3,000,000

20 shall be solely for technical assistance, technical assistance

21 grants, training, and program assessment for or on behalf

22 of public housing agencies, resident organizations, and In23 dian tribes and their tribally designated housing entities

24 (including up to $150,000 for the cost of necessary travel

25 for participants in such training) for oversight, training

26 and improved management of this program; $2,000,000
25

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1 shall be available to the Boys and Girls Clubs of America

2 for the operating and start-up costs of clubs located in

3 or near, and primarily serving residents of, public housing

4 and housing assisted under the Native American Housing

5 Assistance and Self-Determination Act of 1996: Provided

6 further, That of the amount under this heading,

7 $20,000,000 shall be available for the New Approach

8 Anti-Drug program which will provide competitive grants

9 to entities managing or operating public housing develop10 ments, federally assisted multifamily housing develop11 ments, or other multifamily housing developments for low12 income families supported by non-Federal governmental

13 entities or similar housing developments supported by non14 profit private sources in order to provide or augment secu15 rity (including personnel costs), to assist in the investiga16 tion and/or prosecution of drug-related criminal activity

17 in and around such developments, and to provide assist18 ance for the development of capital improvements at such

19 developments directly relating to the security of such de20 velopments: Provided further, That grants for the New Ap21 proach Anti-Drug program shall be made on a competitive

22 basis as specified in section 102 of the Department of

23 Housing and Urban Development Reform Act of 1989.
26

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1 REVITALIZATION OF SEVERELY DISTRESSED PUBLIC

2 HOUSING (HOPE VI)

3 For grants to public housing agencies for demolition,

4 site revitalization, replacement housing, and tenant-based

5 assistance grants to projects as authorized by section 24

6 of the United States Housing Act of 1937, as amended,

7 $573,735,000 to remain available until September 30,

8 2003, of which the Secretary may use up to $7,500,000

9 for technical assistance and contract expertise, to be pro10 vided directly or indirectly by grants, contracts or coopera11 tive agreements, including training and cost of necessary

12 travel for participants in such training, by or to officials

13 and employees of the department and of public housing

14 agencies and to residents: Provided, That none of such

15 funds shall be used directly or indirectly by granting com16 petitive advantage in awards to settle litigation or pay

17 judgments, unless expressly permitted herein.

18 NATIVE AMERICAN HOUSING BLOCK GRANTS

19 (INCLUDING TRANSFERS OF FUNDS)

20 For the Native American Housing Block Grants pro21 gram, as authorized under title I of the Native American

22 Housing Assistance and Self-Determination Act of 1996

23 (NAHASDA) (Public Law 104–330), $648,570,000, to

24 remain available until expended, of which $2,200,000 shall

25 be contracted through the Secretary as technical assist-
27

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1 ance and capacity building to be used by the National

2 American Indian Housing Council in support of the imple3 mentation of NAHASDA; $5,000,000 shall be to support

4 the inspection of Indian housing units, contract expertise,

5 and technical assistance in the training, oversight, and

6 management of Indian housing and tenant-based assist7 ance, including up to $300,000 for related travel; and no

8 less than $3,000,000 shall be transferred to the Working

9 Capital Fund for the development and maintenance of in10 formation technology systems: Provided, That of the

11 amount provided under this heading, $5,987,000 shall be

12 made available for the cost of guaranteed notes and other

13 obligations, as authorized by title VI of NAHASDA: Pro14 vided further, That such costs, including the costs of modi15 fying such notes and other obligations, shall be as defined

16 in section 502 of the Congressional Budget Act of 1974,

17 as amended: Provided further, That these funds are avail18 able to subsidize the total principal amount of any notes

19 and other obligations, any part of which is to be guaran20 teed, not to exceed $54,600,000: Provided further, That

21 for administrative expenses to carry out the guaranteed

22 loan program, up to $150,000 from amounts in the first

23 proviso, which shall be transferred to and merged with the

24 appropriation for ‘‘Salaries and expenses’’, to be used only

25 for the administrative costs of these guarantees.
28

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1 INDIAN HOUSING LOAN GUARANTEE FUND PROGRAM

2 ACCOUNT

3 (INCLUDING TRANSFER OF FUNDS)

4 For the cost of guaranteed loans, as authorized by

5 section 184 of the Housing and Community Development

6 Act of 1992 (106 Stat. 3739), $5,987,000, to remain

7 available until expended: Provided, That such costs, in8 cluding the costs of modifying such loans, shall be as de9 fined in section 502 of the Congressional Budget Act of

10 1974, as amended: Provided further, That these funds are

11 available to subsidize total loan principal, any part of

12 which is to be guaranteed, not to exceed $234,283,000.

13 In addition, for administrative expenses to carry out

14 the guaranteed loan program, up to $200,000 from

15 amounts in the first paragraph, which shall be transferred

16 to and merged with the appropriation for ‘‘Salaries and

17 expenses’’, to be used only for the administrative costs of

18 these guarantees.

19 NATIVE HAWAIIAN HOUSING LOAN GUARANTEE FUND

20 (INCLUDING TRANSFER OF FUNDS)

21 For the cost of guaranteed loans, as authorized by

22 section 184A of the Housing and Community Develop23 ment Act of 1992 (12 U.S.C. 1715z–13a), $1,000,000, to

24 remain available until expended: Provided, That such

25 costs, including the costs of modifying such loans, shall

26 be as defined in section 502 of the Congressional Budget
29

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1 Act of 1974, as amended: Provided further, That these

2 funds are available to subsidize total loan principal, any

3 part of which is to be guaranteed, not to exceed

4 $40,000,000.

5 In addition, for administrative expenses to carry out

6 the guaranteed loan program, up to $35,000 from

7 amounts in the first paragraph, which shall be transferred

8 to and merged with the appropriation for ‘‘Salaries and

9 expenses’’, to be used only for the administrative costs of

10 these guarantees.

11 COMMUNITY PLANNING AND DEVELOPMENT

12 HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS

13 For carrying out the Housing Opportunities for Per14 sons with AIDS program, as authorized by the AIDS

15 Housing Opportunity Act (42 U.S.C. 12901),

16 $277,432,000, to remain available until September 30,

17 2003: Provided, That the Secretary shall renew all expir18 ing contracts that were funded under section 854(c)(3) of

19 such Act that meet all program requirements before

20 awarding funds for new contracts and activities authorized

21 under this section: Provided further, That the Secretary

22 may use up to $2,000,000 of the funds under this heading

23 for training, oversight, and technical assistance activities.
30

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1 RURAL HOUSING AND ECONOMIC DEVELOPMENT

2 For the Office of Rural Housing and Economic De3 velopment in the Department of Housing and Urban De4 velopment, $25,000,000 to remain available until ex5 pended, which amount shall be awarded by June 1, 2002,

6 to Indian tribes, State housing finance agencies, State

7 community and/or economic development agencies, local

8 rural nonprofits and community development corporations

9 to support innovative housing and economic development

10 activities in rural areas: Provided, That all grants shall

11 be awarded on a competitive basis as specified in section

12 102 of the HUD Reform Act.

13 EMPOWERMENT ZONES/ENTERPRISE COMMUNITIES

14 For grants in connection with a second round of em15 powerment zones and enterprise communities,

16 $75,000,000, to remain available until expended, for

17 ‘‘Urban Empowerment Zones’’, as authorized in the Tax18 payer Relief Act of 1997, including $5,000,000 for each

19 empowerment zone for use in conjunction with economic

20 development activities consistent with the strategic plan

21 of each empowerment zone.

22 COMMUNITY DEVELOPMENT FUND

23 (INCLUDING TRANSFERS OF FUNDS)

24 For assistance to units of State and local govern25 ment, and to other entities, for economic and community
31

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1 development activities, and for other purposes,

2 $5,012,993,000, to remain available until September 30,

3 2004: Provided, That of the amount provided,

4 $4,801,993,000 is for carrying out the community devel5 opment block grant program under title I of the Housing

6 and Community Development Act of 1974, as amended

7 (the ‘‘Act’’ herein) (42 U.S.C. 5301): Provided further,

8 That $71,000,000 shall be for flexible grants to Indian

9 tribes notwithstanding section 106(a)(1) of such Act;

10 $3,000,000 shall be available as a grant to the Housing

11 Assistance Council; $2,600,000 shall be available as a

12 grant to the National American Indian Housing Council;

13 and $45,500,000 shall be for grants pursuant to section

14 107 of the Act of which $4,000,000 shall be made avail15 able to support Alaska Native serving institutions and Na16 tive Hawaiian serving institutions as defined under the

17 Higher Education Act, as amended, and of which

18 $3,000,000 shall be made available to tribal colleges and

19 universities to build, expand, renovate and equip their fa20 cilities: Provided further, That $10,000,000 shall be made

21 available to the Department of Hawaiian Home Lands to

22 provide assistance as authorized under the Hawaiian

23 Homelands Homeownership Act of 2000 (with no more

24 than 5 percent of such funds being available for adminis25 trative costs): Provided further, That no less than
32

S 1216 PCS

1 $15,000,000 shall be transferred to the Working Capital

2 Fund for the development and maintenance of information

3 technology systems: Provided further, That $20,000,000

4 shall be for grants pursuant to the Self Help Housing Op5 portunity Program: Provided further, That not to exceed

6 20 percent of any grant made with funds appropriated

7 herein (other than a grant made available in this para8 graph to the Housing Assistance Council or the National

9 American Indian Housing Council, or a grant using funds

10 under section 107(b)(3) of the Act) shall be expended for

11 ‘‘Planning and Management Development’’ and ‘‘Adminis12 tration’’ as defined in regulations promulgated by the de13 partment.

14 Of the amount made available under this heading,

15 $28,450,000 shall be made available for capacity building,

16 of which $25,000,000 shall be made available for ‘‘Capac17 ity Building for Community Development and Affordable

18 Housing’’ for LISC and the Enterprise Foundation, for

19 activities as authorized by section 4 of the HUD Dem20 onstration Act of 1993 (Public Law 103–120), as in effect

21 immediately before June 12, 1997, with not less than

22 $5,000,000 of the funding to be used in rural areas, in23 cluding tribal areas, and of which $3,450,000 shall be for

24 capacity building activities administered by Habitat for

25 Humanity International.
33

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1 Of the amount made available under this heading, the

2 Secretary of Housing and Urban Development may use

3 up to $55,000,000 for supportive services for public hous4 ing residents, as authorized by section 34 of the United

5 States Housing Act of 1937, as amended, and for resi6 dents of housing assisted under the Native American

7 Housing Assistance and Self-Determination Act of 1996

8 (NAHASDA) and for grants for service coordinators and

9 congregate services for the elderly and disabled residents

10 of public and assisted housing and housing assisted under

11 NAHASDA.

12 Of the amount made available under this heading,

13 $80,000,000 is for grants to create or expand community

14 technology centers in high poverty urban and rural com15 munities and to provide technical assistance to those cen16 ters.

17 Of the amount made available under this heading,

18 $25,000,000 shall be available for neighborhood initiatives

19 that are utilized to improve the conditions of distressed

20 and blighted areas and neighborhoods, to stimulate invest21 ment, economic diversification, and community revitaliza22 tion in areas with population outmigration or a stagnating

23 or declining economic base, or to determine whether hous24 ing benefits can be integrated more effectively with welfare

25 reform initiatives.
34

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1 Of the amount made available under this heading,

2 notwithstanding any other provision of law, $60,000,000

3 shall be available for YouthBuild program activities au4 thorized by subtitle D of title IV of the Cranston-Gonzalez

5 National Affordable Housing Act, as amended, and such

6 activities shall be an eligible activity with respect to any

7 funds made available under this heading: Provided, That

8 local YouthBuild programs that demonstrate an ability to

9 leverage private and nonprofit funding shall be given a pri10 ority for YouthBuild funding: Provided further, That no

11 more than ten percent of any grant award may be used

12 for administrative costs: Provided further, That not less

13 than $10,000,000 shall be available for grants to establish

14 Youthbuild programs in underserved and rural areas: Pro15 vided further, That of the amount provided under this

16 paragraph, $2,000,000 shall be set aside and made avail17 able for a grant to YouthBuild USA for capacity building

18 for community development and affordable housing activi19 ties as specified in section 4 of the HUD Demonstration

20 Act of 1993, as amended.

21 Of the amount made available under this heading,

22 $140,000,000 shall be available for grants for the Eco23 nomic Development Initiative (EDI) to finance a variety

24 of economic development efforts in accordance with the
35

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1 terms and conditions specified for such grants in the Sen2 ate report accompanying this Act.

3 COMMUNITY DEVELOPMENT LOAN GUARANTEES

4 PROGRAM ACCOUNT

5 (INCLUDING TRANSFER OF FUNDS)

6 For the cost of guaranteed loans, $14,000,000, as au7 thorized by section 108 of the Housing and Community

8 Development Act of 1974, as amended: Provided, That

9 such costs, including the cost of modifying such loans,

10 shall be as defined in section 502 of the Congressional

11 Budget Act of 1974, as amended: Provided further, That

12 these funds are available to subsidize total loan principal,

13 any part of which is to be guaranteed, not to exceed

14 $608,696,000, notwithstanding any aggregate limitation

15 on outstanding obligations guaranteed in section 108(k)

16 of the Housing and Community Development Act of 1974,

17 as amended: Provided further, That in addition, for admin18 istrative expenses to carry out the guaranteed loan pro19 gram, $1,000,000, which shall be transferred to and

20 merged with the appropriation for ‘‘Salaries and ex21 penses’’.

22 BROWNFIELDS REDEVELOPMENT

23 For Economic Development Grants, as authorized by

24 section 108(q) of the Housing and Community Develop25 ment Act of 1974, as amended, for Brownfields redevelop26 ment projects, $25,000,000, to remain available until Sep-
36

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1 tember 30, 2003: Provided, That the Secretary of Housing

2 and Urban Development shall make these grants available

3 on a competitive basis as specified in section 102 of the

4 Department of Housing and Urban Development Reform

5 Act of 1989.

6 HOME INVESTMENT PARTNERSHIPS PROGRAM

7 (INCLUDING TRANSFER OF FUNDS)

8 For the HOME investment partnerships program, as

9 authorized under title II of the Cranston-Gonzalez Na10 tional Affordable Housing Act, as amended,

11 $1,796,040,000 to remain available until September 30,

12 2004, of which up to $20,000,000 of these funds shall be

13 available for Housing Counseling under section 106 of the

14 Housing and Urban Development Act of 1968; and of

15 which no less than $17,000,000 shall be transferred to the

16 Working Capital Fund for the development and mainte17 nance of information technology systems.

18 HOMELESS ASSISTANCE GRANTS

19 (INCLUDING TRANSFER OF FUNDS)

20 For the emergency shelter grants program as author21 ized under subtitle B of title IV of the McKinney-Vento

22 Homeless Assistance Act, as amended; the supportive

23 housing program as authorized under subtitle C of title

24 IV of such Act; the section 8 moderate rehabilitation sin25 gle room occupancy program as authorized under the

26 United States Housing Act of 1937, as amended, to assist
37

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1 homeless individuals pursuant to section 441 of the

2 McKinney-Vento Homeless Assistance Act; and the shelter

3 plus care program as authorized under subtitle F of title

4 IV of such Act, $1,022,745,000, to remain available until

5 September 30, 2004: Provided, That not less than 30 per6 cent of these funds shall be used for permanent housing,

7 and all funding for services must be matched by 25 per8 cent in funding by each grantee: Provided further, That

9 all awards of assistance under this heading shall be re10 quired to coordinate and integrate homeless programs

11 with other mainstream health, social services, and employ12 ment programs for which homeless populations may be eli13 gible, including Medicaid, State Children’s Health Insur14 ance Program, Temporary Assistance for Needy Families,

15 Food Stamps, and services funding through the Mental

16 Health and Substance Abuse Block Grant, Workforce In17 vestment Act, and the Welfare-to-Work grant program:

18 Provided further, That no less than $14,200,000 of the

19 funds appropriated under this heading is transferred to

20 the Working Capital Fund to be used for technical assist21 ance for management information systems and to develop

22 an automated, client-level Annual Performance Report

23 System: Provided further, That $500,000 shall be made

24 available to the Interagency Council on the Homeless for

25 administrative needs.
38

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1 SHELTER PLUS CARE RENEWALS

2 For the renewal on an annual basis of contracts ex3 piring during fiscal years 2002 and 2003 or amendment

4 of contracts funded under the Shelter Plus Care program,

5 as authorized under subtitle F of title IV of the McKinney6 Vento Homeless Assistance Act, as amended,

7 $99,780,000, to remain available until expended: Pro8 vided, That each Shelter Plus Care project with an expir9 ing contract shall be eligible for renewal only if the project

10 is determined to be needed under the applicable continuum

11 of care and meets appropriate program requirements and

12 financial standards, as determined by the Secretary.

13 HOUSING PROGRAMS

14 HOUSING FOR SPECIAL POPULATIONS

15 (INCLUDING TRANSFER OF FUNDS)

16 For assistance for the purchase, construction, acqui17 sition, or development of additional public and subsidized

18 housing units for low income families not otherwise pro19 vided for, $1,001,009,000, to remain available until ex20 pended: Provided, That $783,286,000 shall be for capital

21 advances, including amendments to capital advance con22 tracts, for housing for the elderly, as authorized by section

23 202 of the Housing Act of 1959, as amended, and for

24 project rental assistance, and amendments to contracts for

25 project rental assistance, for the elderly under such section

26 202(c)(2), and for supportive services associated with the
39

S 1216 PCS

1 housing, of which amount $50,000,000 shall be for service

2 coordinators and the continuation of existing congregate

3 service grants for residents of assisted housing projects,

4 of which amount up to $3,000,000 shall be available to

5 renew expiring project rental assisance contracts for up

6 to a one-year term, and of which amount $50,000,000

7 shall be for grants under section 202b of the Housing Act

8 of 1959 (12 U.S.C. 1701q–2) for conversion of eligible

9 projects under such section to assisted living or related

10 use: Provided further, That of the amount under this head11 ing, $217,723,000 shall be for capital advances, including

12 amendments to capital advance contracts, for supportive

13 housing for persons with disabilities, as authorized by sec14 tion 811 of the Cranston-Gonzalez National Affordable

15 Housing Act, for project rental assistance, for amend16 ments to contracts for project rental assistance, and sup17 portive services associated with the housing for persons

18 with disabilities as authorized by section 811 of such Act,

19 of which up to $1,200,000 shall be available to renew ex20 piring project rental assistance contracts for up to a one21 year term: Provided further, That no less than $3,000,000,

22 to be divided evenly between the appropriations for the

23 section 202 and section 811 programs, shall be transferred

24 to the Working Capital Fund for the development and

25 maintenance of information technology systems: Provided
40

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1 further, That the Secretary may designate up to 25 per2 cent of the amounts earmarked under this paragraph for

3 section 811 of such Act for tenant-based assistance, as

4 authorized under that section, including such authority as

5 may be waived under the next proviso, which assistance

6 is five years in duration: Provided further, That the Sec7 retary may waive any provision of such section 202 and

8 such section 811 (including the provisions governing the

9 terms and conditions of project rental assistance and ten10 ant-based assistance) that the Secretary determines is not

11 necessary to achieve the objectives of these programs, or

12 that otherwise impedes the ability to develop, operate, or

13 administer projects assisted under these programs, and

14 may make provision for alternative conditions or terms

15 where appropriate.

16 FLEXIBLE SUBSIDY FUND

17 (TRANSFER OF FUNDS)

18 From the Rental Housing Assistance Fund, all un19 committed balances of excess rental charges as of Sep20 tember 30, 2001, and any collections made during fiscal

21 year 2002, shall be transferred to the Flexible Subsidy

22 Fund, as authorized by section 236(g) of the National

23 Housing Act, as amended.
41

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1 MANUFACTURED HOUSING FEES TRUST FUND

2 (INCLUDING TRANSFERS OF FUNDS)

3 For necessary expenses as authorized by the National

4 Manufactured Housing Construction and Safety Stand5 ards Act of 1974, as amended (42 U.S.C. 5401 et seq.),

6 $17,254,000, to remain available until expended, to be de7 rived from the Manufactured Housing Fees Trust Fund:

8 Provided, That not to exceed the amount appropriated

9 under this heading shall be available from the general fund

10 of the Treasury to the extent necessary to incur obliga11 tions and make expenditures pending the receipt of collec12 tions to the Fund pursuant to section 620 of such Act:

13 Provided further, That the amount made available under

14 this heading from the general fund shall be reduced as

15 such collections are received during fiscal year 2002 so

16 as to result in a final fiscal year 2002 appropriation from

17 the general fund estimated at not more than $0.

18 FEDERAL HOUSING ADMINISTRATION

19 MUTUAL MORTGAGE INSURANCE PROGRAM ACCOUNT

20 (INCLUDING TRANSFERS OF FUNDS)

21 During fiscal year 2002, commitments to guarantee

22 loans to carry out the purposes of section 203(b) of the

23 National Housing Act, as amended, shall not exceed a loan

24 principal of $160,000,000,000.

25 During fiscal year 2002, obligations to make direct

26 loans to carry out the purposes of section 204(g) of the
42

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1 National Housing Act, as amended, shall not exceed

2 $250,000,000: Provided, That the foregoing amount shall

3 be for loans to nonprofit and governmental entities in con4 nection with sales of single family real properties owned

5 by the Secretary and formerly insured under the Mutual

6 Mortgage Insurance Fund.

7 For administrative expenses necessary to carry out

8 the guaranteed and direct loan program, $336,700,000,

9 of which not to exceed $332,678,000 shall be transferred

10 to the appropriation for ‘‘Salaries and expenses’’; and not

11 to exceed $4,022,000 shall be transferred to the appro12 priation for ‘‘Office of Inspector General’’. In addition, for

13 administrative contract expenses, $160,000,000: Provided,

14 That a combined total of $160,000,000 from amounts ap15 propriated for administrative contract expenses under this

16 heading or the heading ‘‘FHA—General and Special Risk

17 Program Account’’ shall be transferred to the Working

18 Capital Fund for the development and maintenance of in19 formation technology systems: Provided further, That to

20 the extent guaranteed loan commitments exceed

21 $65,500,000,000 on or before April 1, 2002 an additional

22 $1,400 for administrative contract expenses shall be avail23 able for each $1,000,000 in additional guaranteed loan

24 commitments (including a pro rata amount for any
43

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1 amount below $1,000,000), but in no case shall funds

2 made available by this proviso exceed $16,000,000.

3 GENERAL AND SPECIAL RISK PROGRAM ACCOUNT

4 (INCLUDING TRANSFERS OF FUNDS)

5 For the cost of guaranteed loans, as authorized by

6 sections 238 and 519 of the National Housing Act (12

7 U.S.C. 1715z–3 and 1735c), including the cost of loan

8 guarantee modifications as that term is defined in section

9 502 of the Congressional Budget Act of 1974, as amend10 ed, $15,000,000, to remain available until expended: Pro11 vided, That these funds are available to subsidize total

12 loan principal, any part of which is to be guaranteed, of

13 up to $21,000,000,000: Provided further, That any

14 amounts made available in any prior appropriations Act

15 for the cost (as such term is defined in section 502 of

16 the Congressional Budget Act of 1974) of guaranteed

17 loans that are obligations of the funds established under

18 section 238 or 519 of the National Housing Act that have

19 not been obligated or that are deobligated shall be avail20 able to the Secretary of Housing and Urban Development

21 in connection with the making of such guarantees and

22 shall remain available until expended, notwithstanding the

23 expiration of any period of availability otherwise applicable

24 to such amounts.

25 Gross obligations for the principal amount of direct

26 loans, as authorized by sections 204(g), 207(l), 238, and
44

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1 519(a) of the National Housing Act, shall not exceed

2 $50,000,000, of which not to exceed $30,000,000 shall be

3 for bridge financing in connection with the sale of multi4 family real properties owned by the Secretary and for5 merly insured under such Act; and of which not to exceed

6 $20,000,000 shall be for loans to nonprofit and govern7 mental entities in connection with the sale of single-family

8 real properties owned by the Secretary and formerly in9 sured under such Act.

10 In addition, for administrative expenses necessary to

11 carry out the guaranteed and direct loan programs,

12 $216,100,000, of which $197,779,000, shall be trans13 ferred to the appropriation for ‘‘Salaries and expenses’’;

14 and of which $18,321,000 shall be transferred to the ap15 propriation for ‘‘Office of Inspector General’’. In addition,

16 for administrative contract expenses necessary to carry

17 out the guaranteed and direct loan programs,

18 $144,000,000: Provided, That to the extent guaranteed

19 loan commitments exceed $8,426,000,000 on or before

20 April 1, 2002, an additional $19,800,000 for administra21 tive contract expenses shall be available for each

22 $1,000,000 in additional guaranteed loan commitments

23 over $8,426,000,000 (including a pro rata amount for any

24 increment below $1,000,000), but in no case shall funds

25 made available by this proviso exceed $14,400,000.
45

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1 GOVERNMENT NATIONAL MORTGAGE ASSOCIATION

2 (GNMA)

3 GUARANTEES OF MORTGAGE-BACKED SECURITIES LOAN

4 GUARANTEE PROGRAM ACCOUNT

5 (INCLUDING TRANSFER OF FUNDS)

6 New commitments to issue guarantees to carry out

7 the purposes of section 306 of the National Housing Act,

8 as amended (12 U.S.C. 1721(g)), shall not exceed

9 $200,000,000,000, to remain available until September

10 30, 2003.

11 For administrative expenses necessary to carry out

12 the guaranteed mortgage-backed securities program,

13 $9,383,000 to be derived from the GNMA guarantees of

14 mortgage-backed securities guaranteed loan receipt ac15 count, of which not to exceed $9,383,000 shall be trans16 ferred to the appropriation for ‘‘Salaries and expenses’’.

17 POLICY DEVELOPMENT AND RESEARCH

18 RESEARCH AND TECHNOLOGY

19 For contracts, grants, and necessary expenses of pro20 grams of research and studies relating to housing and

21 urban problems, not otherwise provided for, as authorized

22 by title V of the Housing and Urban Development Act

23 of 1970, as amended (12 U.S.C. 1701z–1 et seq.), includ24 ing carrying out the functions of the Secretary under sec25 tion 1(a)(1)(i) of Reorganization Plan No. 2 of 1968,

26 $53,404,000, to remain available until September 30,
46

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1 2003: Provided, That $3,000,000 shall be for program

2 evaluation to support strategic planning, performance

3 measurement, and their coordination with the Depart4 ment’s budget process: Provided further, That of the

5 amount provided under this heading, $10,000,000 shall be

6 for the Partnership for Advanced Technology in Housing.

7 FAIR HOUSING AND EQUAL OPPORTUNITY

8 FAIR HOUSING ACTIVITIES

9 For contracts, grants, and other assistance, not oth10 erwise provided for, as authorized by title VIII of the Civil

11 Rights Act of 1968, as amended by the Fair Housing

12 Amendments Act of 1988, and section 561 of the Housing

13 and Community Development Act of 1987, as amended,

14 $45,899,000, to remain available until September 30,

15 2003, of which $24,000,000 shall be to carry out activities

16 pursuant to such section 561: Provided, That no funds

17 made available under this heading shall be used to lobby

18 the executive or legislative branches of the Federal Gov19 ernment in connection with a specific contract, grant or

20 loan.

21 OFFICE OF LEAD HAZARD CONTROL

22 LEAD HAZARD REDUCTION

23 For the Lead Hazard Reduction Program, as author24 ized by sections 1011 and 1053 of the Residential Lead25 Based Hazard Reduction Act of 1992, $109,758,000 to
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1 remain available until September 30, 2003, of which

2 $10,000,000 shall be for the Healthy Homes Initiative,

3 pursuant to sections 501 and 502 of the Housing and

4 Urban Development Act of 1970 that shall include re5 search, studies, testing, and demonstration efforts, includ6 ing education and outreach concerning lead-based paint

7 poisoning and other housing-related diseases and hazards:

8 Provided, That of the amounts provided under this head9 ing, $1,000,000 shall be for the National Center for Lead10 Safe Housing: Provided further, That of the amounts pro11 vided under this heading, $750,000 shall be for

12 CLEARCorps.

13 MANAGEMENT AND ADMINISTRATION

14 SALARIES AND EXPENSES

15 (INCLUDING TRANSFERS OF FUNDS)

16 For necessary administrative and non-administrative

17 expenses of the Department of Housing and Urban Devel18 opment, not otherwise provided for, including not to ex19 ceed $7,000 for official reception and representation ex20 penses, $1,097,257,000, of which $530,457,000 shall be

21 provided from the various funds of the Federal Housing

22 Administration, $9,383,000 shall be provided from funds

23 of the Government National Mortgage Association,

24 $1,000,000 shall be provided from the ‘‘Community devel25 opment fund’’ account, $150,000 shall be provided by

26 transfer from the ‘‘Title VI Indian federal guarantees pro-
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1 gram’’ account, $200,000 shall be provided by transfer

2 from the ‘‘Indian housing loan guarantee fund program’’

3 account and $35,000 shall be transferred from the Native

4 Hawaiian Housing Loan Guarantee Fund: Provided, That

5 no less than $85,000,000 shall be transferred to the Work6 ing Capital Fund for the development and maintenance

7 of Information Technology Systems: Provided further,

8 That the Secretary shall fill 7 out of 10 vacancies at the

9 GS–14 and GS–15 levels until the total number of GS–

10 14 and GS–15 positions in the Department has been re11 duced from the number of GS–14 and GS–15 positions

12 on the date of enactment of Public Law 106–377 by two

13 and one-half percent: Provided further, That of the

14 amount under this heading, $1,500,000 shall be for nec15 essary expenses of the Millenial Housing Commission, as

16 authorized by Public Law 106–74 with the final report

17 due no later than August 30, 2002.

18 OFFICE OF INSPECTOR GENERAL

19 (INCLUDING TRANSFER OF FUNDS)

20 For necessary expenses of the Office of Inspector

21 General in carrying out the Inspector General Act of 1978,

22 as amended, $88,898,000, of which $22,343,000 shall be

23 provided from the various funds of the Federal Housing

24 Administration: Provided, That the Inspector General
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1 shall have independent authority over all personnel issues

2 within the Office of Inspector General.

3 CONSOLIDATED FEE FUND

4 (RESCISSION)

5 Of the balances remaining available from fees and

6 charges under section 7(j) of the Department of Housing

7 and Urban Development Act, $6,700,000 are rescinded.

8 OFFICE OF FEDERAL HOUSING ENTERPRISE OVERSIGHT

9 SALARIES AND EXPENSES

10 (INCLUDING TRANSFER OF FUNDS)

11 For carrying out the Federal Housing Enterprise Fi12 nancial Safety and Soundness Act of 1992, including not

13 to exceed $500 for official reception and representation

14 expenses, $27,000,000, to remain available until ex15 pended, to be derived from the Federal Housing Enter16 prise Oversight Fund: Provided, That not to exceed such

17 amount shall be available from the general fund of the

18 Treasury to the extent necessary to incur obligations and

19 make expenditures pending the receipt of collections to the

20 Fund: Provided further, That the general fund amount

21 shall be reduced as collections are received during the fis22 cal year so as to result in a final appropriation from the

23 general fund estimated at not more than $0: Provided fur24 ther, That this Office shall submit a staffing plan to the

25 House and Senate Committees on Appropriations no later

26 than January 30, 2002.
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1 ADMINISTRATIVE PROVISIONS

2 SEC. 201. Fifty percent of the amounts of budget au3 thority, or in lieu thereof 50 percent of the cash amounts

4 associated with such budget authority, that are recaptured

5 from projects described in section 1012(a) of the McKin6 ney-Vento Homeless Assistance Amendments Act of 1988

7 (Public Law 100–628; 102 Stat. 3224, 3268) shall be re8 scinded, or in the case of cash, shall be remitted to the

9 Treasury, and such amounts of budget authority or cash

10 recaptured and not rescinded or remitted to the Treasury

11 shall be used by State housing finance agencies or local

12 governments or local housing agencies with projects ap13 proved by the Secretary of Housing and Urban Develop14 ment for which settlement occurred after January 1,

15 1992, in accordance with such section. Notwithstanding

16 the previous sentence, the Secretary may award up to 15

17 percent of the budget authority or cash recaptured and

18 not rescinded or remitted to the Treasury to provide

19 project owners with incentives to refinance their project

20 at a lower interest rate.

21 SEC. 202. None of the amounts made available under

22 this Act may be used during fiscal year 2002 to investigate

23 or prosecute under the Fair Housing Act any otherwise

24 lawful activity engaged in by one or more persons, includ25 ing the filing or maintaining of a non-frivolous legal ac-
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1 tion, that is engaged in solely for the purpose of achieving

2 or preventing action by a Government official or entity,

3 or a court of competent jurisdiction.

4 SEC. 203. (a) Notwithstanding section 854(c)(1)(A)

5 of the AIDS Housing Opportunity Act (42 U.S.C.

6 12903(c)(1)(A)), from any amounts made available under

7 this title for fiscal year 2002 that are allocated under such

8 section, the Secretary of Housing and Urban Development

9 shall allocate and make a grant, in the amount determined

10 under subsection (b), for any State that—

11 (1) received an allocation in a prior fiscal year

12 under clause (ii) of such section; and

13 (2) is not otherwise eligible for an allocation for

14 fiscal year 2002 under such clause (ii) because the

15 areas in the State outside of the metropolitan statis16 tical areas that qualify under clause (i) in fiscal year

17 2002 do not have the number of cases of acquired

18 immunodeficiency syndrome (AIDS) required under

19 such clause.

20 (b) The amount of the allocation and grant for any

21 State described in subsection (a) shall be an amount based

22 on the cumulative number of AIDS cases in the areas of

23 that State that are outside of metropolitan statistical

24 areas that qualify under clause (i) of such section

25 854(c)(1)(A) in fiscal year 2002, in proportion to AIDS
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1 cases among cities and States that qualify under clauses

2 (i) and (ii) of such section and States deemed eligible

3 under subsection (a).

4 SEC. 204. Section 225 of the Department of Veterans

5 Affairs and Housing and Urban Development, and Inde6 pendent Agencies Appropriations Act, 2000, Public Law

7 106–74, is amended by inserting ‘‘and fiscal year 2002’’

8 after ‘‘fiscal year 2001’’.

9 SEC. 205. Section 236(g)(3)(A) of the National

10 Housing Act is amended by striking out ‘‘fiscal years 2000

11 and 2001’’ and inserting in lieu thereof ‘‘fiscal years 2000,

12 2001, and 2002’’.

13 SEC. 206. Section 223(f)(1) of the National Housing

14 Act is amended by inserting ‘‘purchase or’’ immediately

15 before ‘‘refinancing of existing debt’’.

16 SEC. 207. Section 106(c)(9) of the Housing and

17 Urban Development Act of 1968 is repealed.

18 SEC. 208. Section 251 of the National Housing Act

19 is amended—

20 (1) in subsection (b), by striking ‘‘issue regula21 tions’’ and all that follows and inserting the fol22 lowing: ‘‘require that the mortgagee make available

23 to the mortgagor, at the time of loan application, a

24 written explanation of the features of an adjustable

25 rate mortgage consistent with the disclosure require-
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1 ments applicable to variable rate mortgages secured

2 by a principal dwelling under the Truth in Lending

3 Act.’’; and

4 (2) by adding the following new subsection at

5 the end:

6 ‘‘(d)(1) The Secretary may insure under this sub7 section a mortgage that meets the requirements of sub8 section (a), except that the effective rate of interest—

9 ‘‘(A) shall be fixed for a period of not less than

10 the first 3 years of the mortgage term;

11 ‘‘(B) shall be adjusted by the mortgagee ini12 tially upon the expiration of such period and annu13 ally thereafter; and

14 ‘‘(C) in the case of the initial interest rate ad15 justment, is subject to the one percent limitation

16 only if the interest rate remained fixed for five or

17 fewer years.

18 ‘‘(2) The disclosure required under subsection (b)

19 shall be required for a mortgage insured under this sub20 section.’’.

21 SEC. 209. (a) Section 203(c) of the National Housing

22 Act is amended—

23 (1) in paragraph (1), by striking ‘‘and (k)’’ and

24 inserting ‘‘or (k)’’; and

25 (2) in paragraph (2)—
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1 (A) by inserting immediately after ‘‘sub2 section (v),’’ the following: ‘‘and each mortgage

3 that is insured under subsection (k) or section

4 234(c),’’; and

5 (B) by striking ‘‘and executed on or after

6 October 1, 1994,’’.

7 (b) The amendments made by subsection (a) shall

8 apply only to mortgages that are executed on or after the

9 date of enactment of this Act or a later date determined

10 by the Secretary and announced by notice in the Federal

11 Register.

12 SEC. 210. Section 242(d)(4) of the National Housing

13 Act is amended to read as follows:

14 ‘‘(4)(A) The Secretary, in conjunction with the

15 Secretary of Health and Human Services, shall re16 quire satisfactory evidence that the hospital will be

17 located in a State or political subdivision of a State

18 with reasonable minimum standards of licensure and

19 methods of operation for hospitals and satisfactory

20 assurance that such standards will be applied and

21 enforced with respect to the hospital.

22 ‘‘(B) The Secretary shall establish the means

23 for determining need and feasibility for the hospital.

24 If the State has an official procedure for deter25 mining need for hospitals, the Secretary shall also
55

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1 require that such procedure be followed before the

2 application for insurance is submitted, and the appli3 cation shall document that need has also been estab4 lished under that procedure.’’.

5 SEC. 211. Section 232(d)(4)(A) of the National

6 Housing Act is amended to read as follows:

7 ‘‘(A)(i) The Secretary, in conjunction with

8 the Secretary of Health and Human Services,

9 shall require satisfactory evidence that a nurs10 ing home, intermediate care facility, or com11 bined nursing home and intermediate care facil12 ity will be located in a State or political subdivi13 sion of a State with reasonable minimum stand14 ards of licensure and methods of operation for

15 such homes, facilities, or combined homes and

16 facilities. The Secretary shall also require satis17 factory assurance that such standards will be

18 applied and enforced with respect to the home,

19 facility, or combined home or facility.

20 ‘‘(ii) The Secretary shall establish the

21 means for determining need and feasibility for

22 the home, facility, or combined home and facil23 ity. If the State has an official procedure for

24 determining need for such homes, facilities, or

25 combined homes and facilities, the Secretary
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1 shall also require that such procedure be fol2 lowed before the application for insurance is

3 submitted, and the application shall document

4 that need has also been established under that

5 procedure.’’.

6 SEC. 212. Section 533 of the National Housing Act

7 is amended to read as follows:

8 ‘‘SEC. 533. REVIEW OF MORTGAGEE PERFORMANCE

9 AND AUTHORITY TO TERMINATE.—

10 ‘‘(a) PERIODIC REVIEW OF MORTGAGEE PERFORM11 ANCE.—To reduce losses in connection with single family

12 mortgage insurance programs under this Act, at least once

13 a year the Secretary shall review the rate of early defaults

14 and claims for insured single family mortgages originated

15 or underwritten by each mortgagee.

16 ‘‘(b) COMPARISON WITH OTHER MORTGAGEES.—For

17 each mortgagee, the Secretary shall compare the rate of

18 early defaults and claims for insured single family mort19 gage loans originated or underwritten by the mortgagee

20 in an area with the rate of early defaults and claims for

21 other mortgagees originating or underwriting insured sin22 gle family mortgage loans in the area. For purposes of

23 this section, the term ‘‘area’’ means each geographic area

24 in which the mortgagee is authorized by the Secretary to

25 originate insured single family mortgages.
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1 ‘‘(c) TERMINATION OF MORTGAGEE ORIGINATION

2 APPROVAL.—(1) Notwithstanding section 202(c) of this

3 Act, the Secretary may terminate the approval of a mort4 gagee to originate or underwrite single family mortgages

5 if the Secretary determines that the mortgage loans origi6 nated or underwritten by the mortgagee present an unac7 ceptable risk to the insurance funds. The determination

8 shall be based on the comparison required under sub9 section (b) and shall be made in accordance with regula10 tions of the Secretary. The Secretary may rely on existing

11 regulations published before this section takes effect.

12 ‘‘(2) The Secretary shall give a mortgagee at least

13 60 days prior written notice of any termination under this

14 subsection. The termination shall take effect at the end

15 of the notice period, unless the Secretary withdraws the

16 termination notice or extends the notice period. If re17 quested in writing by the mortgagee within 30 days of the

18 date of the notice, the mortgagee shall be entitled to an

19 informal conference with the official authorized to issue

20 termination notices on behalf of the Secretary (or a des21 ignee of that official). At the informal conference, the

22 mortgagee may present for consideration specific factors

23 that it believes were beyond its control and that caused

24 the excessive default and claim rate.’’.
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1 SEC. 213. Except as explicitly provided in legislation,

2 any grant or assistance made pursuant to Title II of this

3 Act shall be made in accordance with section 102 of the

4 Department of Housing and Urban Development Reform

5 Act of 1989 on a competitive basis.

6 SEC. 214. Public housing agencies in the State of

7 Alaska shall not be required to comply with section 2(b)

8 of the United States Housing Act of 1937, as amended,

9 during fiscal year 2002.

10 SEC. 215. Notwithstanding any other provision of

11 law, in fiscal year 2001 and for each fiscal year thereafter,

12 in managing and disposing of any multifamily property

13 that is owned or held by the Secretary and is occupied

14 primarily by elderly or disabled families, the Secretary of

15 Housing and Urban Development shall maintain any rent16 al assistance payments under section 8 of the United

17 States Housing Act of 1937 that are attached to any

18 dwelling units in the property. To the extent the Secretary

19 determines that such a multifamily property owned or held

20 by the Secretary is not feasible for continued rental assist21 ance payments under such section 8, the Secretary may,

22 in consultation with the tenants of that property, contract

23 for project-based rental assistance payments with an

24 owner or owners of other existing housing properties or

25 provide other rental assistance.
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1 SEC. 216. (a) SECTION 207 LIMITS.—Section

2 207(c)(3) of the National Housing Act (12 U.S.C.

3 1713(c)(3)) is amended—

4 (1) by striking ‘‘$30,420’’, ‘‘$33,696’’,

5 ‘‘$40,248’’, ‘‘$49,608’’, and ‘‘$56,160’’ and insert6 ing ‘‘$38,025’’, ‘‘$42,120’’, ‘‘$50,310’’, ‘‘$62,010’’,

7 and ‘‘$70,200’’, respectively;

8 (2) by striking ‘‘$9,000’’ and inserting

9 ‘‘$11,250’’; and

10 (3) by striking ‘‘$35,100’’, ‘‘$39,312’’,

11 ‘‘$48,204’’, ‘‘$60,372’’, and ‘‘$68,262’’ and insert12 ing ‘‘$43,875’’, ‘‘$49,140’’, ‘‘$60,255’’, ‘‘$75,465’’,

13 and ‘‘$85,328’’, respectively.

14 (b) SECTION 213 LIMITS.—Section 213(b)(2) of the

15 National Housing Act (12 U.S.C. 1715e(b)(2)) is

16 amended—

17 (1) by striking ‘‘$30,420’’, ‘‘$33,696’’,

18 ‘‘$40,248’’, ‘‘$49,608’’, and ‘‘$56,160’’ and insert19 ing ‘‘$38,025’’, ‘‘$42,120’’, ‘‘$50,310’’, ‘‘$62,010’’,

20 and ‘‘$70,200’’, respectively; and

21 (2) by striking ‘‘$35,100’’, ‘‘$39,312’’,

22 ‘‘$48,204’’, ‘‘$60,372’’, and ‘‘$68,262’’ and insert23 ing ‘‘$43,875’’, ‘‘$49,140’’, ‘‘$60,255’’, ‘‘$75,465’’,

24 and ‘‘$85,328’’, respectively.
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1 (c) SECTION 220 LIMITS.—Section 220(d)(3)(B)(iii)

2 of the National Housing Act (12 U.S.C.

3 1715k(d)(3)(B)(iii)) is amended—

4 (1) by striking ‘‘$30,420’’, ‘‘$33,696’’,

5 ‘‘$40,248’’, ‘‘$49,608’’, and ‘‘$56,160’’ and insert6 ing ‘‘$38,025’’, ‘‘$42,120’’, ‘‘$50,310’’, ‘‘$62,010’’,

7 and ‘‘$70,200’’, respectively; and

8 (2) by striking ‘‘$35,100’’, ‘‘$39,312’’,

9 ‘‘$48,204’’, ‘‘$60,372’’, and ‘‘$68,262’’ and insert10 ing ‘‘$43,875’’, ‘‘$49,140’’, ‘‘$60,255’’, ‘‘$75,465’’,

11 and ‘‘$85,328’’, respectively.

12 (d) SECTION 221(d)(3) LIMITS.—Section

13 221(d)(3)(ii) of the National Housing Act (12 U.S.C.

14 1715l(d)(3)(ii)) is amended—

15 (1) by striking ‘‘$33,638’’, ‘‘$38,785’’,

16 ‘‘$46,775’’, ‘‘$59,872’’, and ‘‘$66,700’’ and insert17 ing ‘‘$42,048’’, ‘‘$48,481’’, ‘‘58,469’’, ‘‘$74,840’’,

18 and ‘‘$83,375’’, respectively; and

19 (2) by striking ‘‘$35,400’’, ‘‘$40,579’’,

20 ‘‘$49,344’’, ‘‘$63,834’’, and ‘‘$70,070’’ and insert21 ing ‘‘$44,250’’, ‘‘$50,724’’, ‘‘$61,680’’, ‘‘$79,793’’,

22 and ‘‘$87,588’’, respectively.

23 (e) SECTION 221(d)(4) LIMITS.—Section

24 221(d)(4)(ii) of the National Housing Act (12 U.S.C.

25 1715l(d)(4)(ii)) is amended—
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1 (1) by striking ‘‘$30,274’’, ‘‘$34,363’’,

2 ‘‘$41,536’’, ‘‘$52,135’’, and ‘‘$59,077’’ and insert3 ing ‘‘$37,843’’, ‘‘$42,954’’, ‘‘$51,920’’, ‘‘$65,169’’,

4 and ‘‘$73,846’’, respectively; and

5 (2) by striking ‘‘$32,701’’, ‘‘$37,487’’,

6 ‘‘$45,583’’, ‘‘$58,968’’, and ‘‘$64,730’’ and insert7 ing ‘‘$40,876’’, ‘‘$46,859’’, ‘‘$56,979’’, ‘‘$73,710’’,

8 and ‘‘$80,913’’, respectively.

9 (f) SECTION 231 LIMITS.—Section 231(c)(2) of the

10 National Housing Act (12 U.S.C. 1715v(c)(2)) is

11 amended—

12 (1) by striking ‘‘$28,782’’, ‘‘$32,176’’,

13 ‘‘$38,423’’, ‘‘$46,238’’, and ‘‘$54,360’’ and insert14 ing ‘‘$35,978’’, ‘‘$40,220’’, ‘‘$48,029’’, ‘‘$57,798’’,

15 ‘‘$67,950’’, respectively; and

16 (2) by striking ‘‘$32,701’’, ‘‘$37,487’’,

17 ‘‘$45,583’’, ‘‘$58,968’’, and ‘‘$64,730’’ and insert18 ing ‘‘$40,876’’, ‘‘$46,859’’, ‘‘$56,979’’, ‘‘$73,710’’,

19 and ‘‘$80,913’’, respectively.

20 (g) SECTION 234 LIMITS.—Section 234(e)(3) of the

21 National Housing Act (12 U.S.C. 1715y(e)(3)) is

22 amended—

23 (1) by striking ‘‘$30,420’’, ‘‘$33,696’’,

24 ‘‘$40,248’’, ‘‘$49,608’’, and ‘‘$56,160’’ and insert-
62

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1 ing ‘‘$38,025’’, ‘‘$42,120’’, ‘‘$50,310’’, ‘‘$62,010’’,

2 and ‘‘$70,200’’, respectively; and

3 (2) by striking ‘‘$35,100’’, ‘‘$39,312’’,

4 ‘‘$48,204’’, ‘‘$60,372’’, and ‘‘$68,262’’ and insert5 ing ‘‘$43,875’’, ‘‘$49,140’’, ‘‘$60,255’’, ‘‘$75,465’’,

6 and ‘‘$85,328’’, respectively.

7 SEC. 217. Notwithstanding any other provision of

8 law, the Tribal Student Housing Project proposed by the

9 Cook Inlet Housing Authority is authorized to be con10 structed in accordance with its 1998 Indian Housing Plan

11 from amounts previously appropriated for the benefit of

12 the Housing Authority, a portion of which may be used

13 as a maintenance reserve for the completed project.

14 TITLE III—INDEPENDENT AGENCIES

15 AMERICAN BATTLE MONUMENTS COMMISSION

16 SALARIES AND EXPENSES

17 For necessary expenses, not otherwise provided for,

18 of the American Battle Monuments Commission, including

19 the acquisition of land or interest in land in foreign coun20 tries; purchases and repair of uniforms for caretakers of

21 national cemeteries and monuments outside of the United

22 States and its territories and possessions; rent of office

23 and garage space in foreign countries; purchase (one for

24 replacement only) and hire of passenger motor vehicles;

25 and insurance of official motor vehicles in foreign coun-
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1 tries, when required by law of such countries,

2 $28,466,000, to remain available until expended.

3 CHEMICAL SAFETY AND HAZARD INVESTIGATION BOARD

4 SALARIES AND EXPENSES

5 For necessary expenses in carrying out activities pur6 suant to section 112(r)(6) of the Clean Air Act, including

7 hire of passenger vehicles, uniforms or allowances there8 for, as authorized by 5 U.S.C. 5901–5902, and for serv9 ices authorized by 5 U.S.C. 3109, but at rates for individ10 uals not to exceed the per diem equivalent to the maximum

11 rate payable for senior level positions under 5 U.S.C.

12 5376, $7,621,000, $5,121,000 of which to remain avail13 able until September 30, 2002 and $2,500,000 of which

14 to remain available until September 30, 2003: Provided,

15 That the Chemical Safety and Hazard Investigation Board

16 shall have not more than three career Senior Executive

17 Service positions: Provided further, That, hereafter, there

18 shall be an Inspector General at the Board who shall have

19 the duties, responsibilities, and authorities specified in the

20 Inspector General Act of 1978, as amended: Provided fur21 ther, That an individual appointed to the position of In22 spector General of the Federal Emergency Management

23 Agency (FEMA) shall, by virtue of such appointment, also

24 hold the position of Inspector General of the Board: Pro25 vided further, That the Inspector General of the Board
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1 shall utilize personnel of the Office of Inspector General

2 of FEMA in performing the duties of the Inspector Gen3 eral of the Board, and shall not appoint any individuals

4 to positions within the Board.

5 DEPARTMENT OF THE TREASURY

6 COMMUNITY DEVELOPMENT FINANCIAL INSTITUTIONS

7 COMMUNITY DEVELOPMENT FINANCIAL INSTITUTIONS

8 FUND PROGRAM ACCOUNT

9 To carry out the Community Development Banking

10 and Financial Institutions Act of 1994, including services

11 authorized by 5 U.S.C. 3109, but at rates for individuals

12 not to exceed the per diem rate equivalent to the rate for

13 ES–3, $100,000,000, to remain available until September

14 30, 2003, of which $5,000,000 shall be for technical as15 sistance and training programs designed to benefit Native

16 American communities, and up to $9,850,000 may be used

17 for administrative expenses, including administration of

18 the New Markets Tax Credit, up to $6,000,000 may be

19 used for the cost of direct loans, and up to $1,000,000

20 may be used for administrative expenses to carry out the

21 direct loan program: Provided, That the cost of direct

22 loans, including the cost of modifying such loans, shall be

23 as defined in section 502 of the Congressional Budget Act

24 of 1974, as amended: Provided further, That these funds

25 are available to subsidize gross obligations for the prin26 cipal amount of direct loans not to exceed $51,800,000.
65

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1 CONSUMER PRODUCT SAFETY COMMISSION

2 SALARIES AND EXPENSES

3 For necessary expenses of the Consumer Product

4 Safety Commission, including hire of passenger motor ve5 hicles, services as authorized by 5 U.S.C. 3109, but at

6 rates for individuals not to exceed the per diem rate equiv7 alent to the maximum rate payable under 5 U.S.C. 5376,

8 purchase of nominal awards to recognize non-Federal offi9 cials’ contributions to Commission activities, and not to

10 exceed $500 for official reception and representation ex11 penses, $56,200,000, of which $1,000,000 to remain avail12 able until September 30, 2004, shall be for a research

13 project on sensor technologies.

14 CORPORATION FOR NATIONAL AND COMMUNITY SERVICE

15 NATIONAL AND COMMUNITY SERVICE PROGRAMS

16 OPERATING EXPENSES

17 (INCLUDING TRANSFER OF FUNDS)

18 For necessary expenses for the Corporation for Na19 tional and Community Service (the ‘‘Corporation’’) in car20 rying out programs, activities, and initiatives under the

21 National and Community Service Act of 1990 (the ‘‘Act’’)

22 (42 U.S.C. 12501 et seq.), $415,480,000, to remain avail23 able until September 30, 2003: Provided, That not more

24 than $31,000,000 shall be available for administrative ex25 penses authorized under section 501(a)(4) of the Act (42

26 U.S.C. 12671(a)(4)) with not less than $2,000,000 tar-
66

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1 geted for the acquisition of a cost accounting system for

2 the Corporation’s financial management system, an inte3 grated grants management system that provides com4 prehensive financial management information for all Cor5 poration grants and cooperative agreements, and the es6 tablishment, operation, and maintenance of a central ar7 chives serving as the repository for all grant, cooperative

8 agreement, and related documents, without regard to the

9 provisions of section 501(a)(4)(B) of the Act: Provided

10 further, That not more than $2,500 shall be for official

11 reception and representation expenses: Provided further,

12 That of amounts previously transferred to the National

13 Service Trust, $5,000,000 shall be available for national

14 service scholarships for high school students performing

15 community service: Provided further, That not more than

16 $240,492,000 of the amount provided under this heading

17 shall be available for grants under the National Service

18 Trust program authorized under subtitle C of title I of

19 the Act (42 U.S.C. 12571 et seq.) (relating to activities

20 including the AmeriCorps program), of which not more

21 than $47,000,000 may be used to administer, reimburse,

22 or support any national service program authorized under

23 section 121(d)(2) of such Act (42 U.S.C. 12581(d)(2));

24 not more than $25,000,000 shall be made available to ac25 tivities dedicated to developing computer and information
67

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1 technology skills for students and teachers in low-income

2 communities: Provided further, That not more than

3 $10,000,000 of the funds made available under this head4 ing shall be made available for the Points of Light Foun5 dation for activities authorized under title III of the Act

6 (42 U.S.C. 12661 et seq.), of which not more than

7 $2,500,000 may be used to establish or support an endow8 ment fund, the corpus of which shall remain intact and

9 the interest income from which shall be used to support

10 activities described in title III of the Act, provided that

11 the Foundation may invest the corpus and income in fed12 erally insured bank savings accounts or comparable inter13 est bearing accounts, certificates of deposit, money market

14 funds, mutual funds, obligations of the United States, and

15 other market instruments and securities but not in real

16 estate investments: Provided further, That notwith17 standing any other law $2,500,000 of the funds made

18 available by the Corporation to the Foundation under

19 Public Law 106–377 may be used in the manner described

20 in the preceding proviso: Provided further, That no funds

21 shall be available for national service programs run by

22 Federal agencies authorized under section 121(b) of such

23 Act (42 U.S.C. 12571(b)): Provided further, That to the

24 maximum extent feasible, funds appropriated under sub25 title C of title I of the Act shall be provided in a manner
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1 that is consistent with the recommendations of peer review

2 panels in order to ensure that priority is given to programs

3 that demonstrate quality, innovation, replicability, and

4 sustainability: Provided further, That not more than

5 $25,000,000 of the funds made available under this head6 ing shall be available for the Civilian Community Corps

7 authorized under subtitle E of title I of the Act (42 U.S.C.

8 12611 et seq.): Provided further, That not more than

9 $43,000,000 shall be available for school-based and com10 munity-based service-learning programs authorized under

11 subtitle B of title I of the Act (42 U.S.C. 12521 et seq.):

12 Provided further, That not more than $28,488,000 shall

13 be available for quality and innovation activities author14 ized under subtitle H of title I of the Act (42 U.S.C.

15 12853 et seq.): Provided further, That not more than

16 $15,000,000 shall be available for grants to support the

17 Veterans Mission for Youth Program: Provided further,

18 That not more than $5,000,000 shall be available for au19 dits and other evaluations authorized under section 179

20 of the Act (42 U.S.C. 12639): Provided further, That to

21 the maximum extent practicable, the Corporation shall in22 crease significantly the level of matching funds and in23 kind contributions provided by the private sector, and

24 shall reduce the total Federal costs per participant in all

25 programs: Provided further, That not more than
69

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1 $7,500,000 of the funds made available under this head2 ing shall be made available to America’s Promise—The

3 Alliance for Youth, Inc. only to support efforts to mobilize

4 individuals, groups, and organizations to build and

5 strengthen the character and competence of the Nation’s

6 youth: Provided further, That not more than $5,000,000

7 of the funds made available under this heading shall be

8 made available to the Communities In Schools, Inc. to

9 support dropout prevention activities: Provided further,

10 That not more than $2,500,000 of the funds made avail11 able under this heading shall be made available to the

12 YMCA of the USA to support school-based programs de13 signed to strengthen collaborations and linkages between

14 public schools and communities: Provided further, That

15 not more than $1,000,000 of the funds made available

16 under this heading shall be made available to Teach For

17 America: Provided further, That not more than

18 $1,500,000 of the funds made available under this head19 ing shall be made available to Parents As Teachers Na20 tional Center, Inc. to support literacy activities.

21 OFFICE OF INSPECTOR GENERAL

22 For necessary expenses of the Office of Inspector

23 General in carrying out the Inspector General Act of 1978,

24 as amended, $5,000,000, to remain available until Sep25 tember 30, 2003.
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1 U.S. COURT OF APPEALS FOR VETERANS CLAIMS

2 SALARIES AND EXPENSES

3 For necessary expenses for the operation of the

4 United States Court of Appeals for Veterans Claims as

5 authorized by 38 U.S.C. 7251–7298, $13,221,000, of

6 which $895,000 shall be available for the purpose of pro7 viding financial assistance as described, and in accordance

8 with the process and reporting procedures set forth, under

9 this heading in Public Law 102–229.

10 DEPARTMENT OF DEFENSE—CIVIL

11 CEMETERIAL EXPENSES, ARMY

12 SALARIES AND EXPENSES

13 For necessary expenses, as authorized by law, for

14 maintenance, operation, and improvement of Arlington

15 National Cemetery and Soldiers’ and Airmen’s Home Na16 tional Cemetery, including the purchase of two passenger

17 motor vehicles for replacement only, and not to exceed

18 $1,000 for official reception and representation expenses,

19 $18,437,000, to remain available until expended.

20 DEPARTMENT OF HEALTH AND HUMAN SERVICES

21 NATIONAL INSTITUTES OF HEALTH

22 NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH

23 SCIENCES

24 For necessary expenses for the National Institute of

25 Environmental Health Sciences in carrying out activities
71

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1 set forth in section 311(a) of the Comprehensive Environ2 mental Response, Compensation, and Liability Act of

3 1980, as amended, $70,228,000.

4 AGENCY FOR TOXIC SUBSTANCES AND DISEASE

5 REGISTRY

6 SALARIES AND EXPENSES

7 For necessary expenses for the Agency for Toxic Sub8 stances and Disease Registry (ATSDR) in carrying out

9 activities set forth in sections 104(i), 111(c)(4), and

10 111(c)(14) of the Comprehensive Environmental Re11 sponse, Compensation, and Liability Act of 1980

12 (CERCLA), as amended; section 118(f) of the Superfund

13 Amendments and Reauthorization Act of 1986 (SARA),

14 as amended; and section 3019 of the Solid Waste Disposal

15 Act, as amended, $78,235,000, to be derived from the

16 Hazardous Substance Superfund Trust Fund pursuant to

17 section 517(a) of SARA (26 U.S.C. 9507): Provided, That

18 notwithstanding any other provision of law, in lieu of per19 forming a health assessment under section 104(i)(6) of

20 CERCLA, the Administrator of ATSDR may conduct

21 other appropriate health studies, evaluations, or activities,

22 including, without limitation, biomedical testing, clinical

23 evaluations, medical monitoring, and referral to accredited

24 health care providers: Provided further, That in per25 forming any such health assessment or health study, eval-
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1 uation, or activity, the Administrator of ATSDR shall not

2 be bound by the deadlines in section 104(i)(6)(A) of

3 CERCLA: Provided further, That none of the funds appro4 priated under this heading shall be available for ATSDR

5 to issue in excess of 40 toxicological profiles pursuant to

6 section 104(i) of CERCLA during fiscal year 2002, and

7 existing profiles may be updated as necessary.

8 ENVIRONMENTAL PROTECTION AGENCY

9 SCIENCE AND TECHNOLOGY

10 For science and technology, including research and

11 development activities, which shall include research and

12 development activities under the Comprehensive Environ13 mental Response, Compensation, and Liability Act of

14 1980, as amended; necessary expenses for personnel and

15 related costs and travel expenses, including uniforms, or

16 allowances therefor, as authorized by 5 U.S.C. 5901–

17 5902; services as authorized by 5 U.S.C. 3109, but at

18 rates for individuals not to exceed the per diem rate equiv19 alent to the maximum rate payable for senior level posi20 tions under 5 U.S.C. 5376; procurement of laboratory

21 equipment and supplies; other operating expenses in sup22 port of research and development; construction, alteration,

23 repair, rehabilitation, and renovation of facilities, not to

24 exceed $75,000 per project, $665,672,000, which shall re25 main available until September 30, 2003.
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1 ENVIRONMENTAL PROGRAMS AND MANAGEMENT

2 For environmental programs and management, in3 cluding necessary expenses, not otherwise provided for, for

4 personnel and related costs and travel expenses, including

5 uniforms, or allowances therefor, as authorized by 5

6 U.S.C. 5901–5902; services as authorized by 5 U.S.C.

7 3109, but at rates for individuals not to exceed the per

8 diem rate equivalent to the maximum rate payable for sen9 ior level positions under 5 U.S.C. 5376; hire of passenger

10 motor vehicles; hire, maintenance, and operation of air11 craft; purchase of reprints; library memberships in soci12 eties or associations which issue publications to members

13 only or at a price to members lower than to subscribers

14 who are not members; construction, alteration, repair, re15 habilitation, and renovation of facilities, not to exceed

16 $75,000 per project; and not to exceed $6,000 for official

17 reception and representation expenses, $2,061,996,200,

18 which shall remain available until September 30, 2003.

19 OFFICE OF INSPECTOR GENERAL

20 For necessary expenses of the Office of Inspector

21 General in carrying out the provisions of the Inspector

22 General Act of 1978, as amended, and for construction,

23 alteration, repair, rehabilitation, and renovation of facili24 ties, not to exceed $75,000 per project, $34,019,000, to

25 remain available until September 30, 2003.
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1 BUILDINGS AND FACILITIES

2 For construction, repair, improvement, extension, al3 teration, and purchase of fixed equipment or facilities of,

4 or for use by, the Environmental Protection Agency,

5 $25,318,400, to remain available until expended.

6 HAZARDOUS SUBSTANCE SUPERFUND

7 (INCLUDING TRANSFER OF FUNDS)

8 For necessary expenses to carry out the Comprehen9 sive Environmental Response, Compensation, and Liabil10 ity Act of 1980 (CERCLA), as amended, including sec11 tions 111(c)(3), (c)(5), (c)(6), and (e)(4) (42 U.S.C.

12 9611), and for construction, alteration, repair, rehabilita13 tion, and renovation of facilities, not to exceed $75,000

14 per project; $1,274,645,560 to remain available until ex15 pended, consisting of $634,532,200, as authorized by sec16 tion 517(a) of the Superfund Amendments and Reauthor17 ization Act of 1986 (SARA), as amended by Public Law

18 101–508, and $640,113,360 as a payment from general

19 revenues to the Hazardous Substance Superfund for pur20 poses as authorized by section 517(b) of SARA, as amend21 ed: Provided, That funds appropriated under this heading

22 may be allocated to other Federal agencies in accordance

23 with section 111(a) of CERCLA: Provided further, That

24 of the funds appropriated under this heading,

25 $11,867,000 shall be transferred to the ‘‘Office of Inspec26 tor General’’ appropriation to remain available until Sep-
75

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1 tember 30, 2003, and $36,890,500 shall be transferred

2 to the ‘‘Science and technology’’ appropriation to remain

3 available until September 30, 2003.

4 LEAKING UNDERGROUND STORAGE TANK TRUST FUND

5 For necessary expenses to carry out leaking under6 ground storage tank cleanup activities authorized by sec7 tion 205 of the Superfund Amendments and Reauthoriza8 tion Act of 1986, and for construction, alteration, repair,

9 rehabilitation, and renovation of facilities, not to exceed

10 $75,000 per project, $71,947,400, to remain available

11 until expended.

12 OIL SPILL RESPONSE

13 For expenses necessary to carry out the Environ14 mental Protection Agency’s responsibilities under the Oil

15 Pollution Act of 1990, $14,986,000, to be derived from

16 the Oil Spill Liability trust fund, to remain available until

17 expended.

18 STATE AND TRIBAL ASSISTANCE GRANTS

19 For environmental programs and infrastructure as20 sistance, including capitalization grants for State revolv21 ing funds and performance partnership grants,

22 $3,603,015,900, to remain available until expended, of

23 which $1,350,000,000 shall be for making capitalization

24 grants for the Clean Water State Revolving Funds under

25 title VI of the Federal Water Pollution Control Act, as

26 amended (the ‘‘Act’’); $850,000,000 shall be for capital-
76

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1 ization grants for the Drinking Water State Revolving

2 Funds under section 1452 of the Safe Drinking Water

3 Act, as amended, except that, notwithstanding section

4 1452(n) of the Safe Drinking Water Act, as amended,

5 none of the funds made available under this heading in

6 this Act, or in previous appropriations Acts, shall be re7 served by the Administrator for health effects studies on

8 drinking water contaminants; $75,000,000 shall be for ar9 chitectural, engineering, planning, design, construction

10 and related activities in connection with the construction

11 of high priority water and wastewater facilities in the area

12 of the United States-Mexico Border, after consultation

13 with the appropriate border commission; $40,000,000

14 shall be for grants to the State of Alaska to address drink15 ing water and wastewater infrastructure needs of rural

16 and Alaska Native Villages; $140,000,000 shall be for

17 making grants for the construction of wastewater and

18 water treatment facilities and groundwater protection in19 frastructure in accordance with the terms and conditions

20 specified for such grants in the Senate report accom21 panying this Act except that, notwithstanding any other

22 provision of law, of the funds herein and hereafter appro23 priated under this heading for such special needs infra24 structure grants, the Administrator may use up to 3 per25 cent of the amount of each project appropriated to admin-
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1 ister the management and oversight of construction of

2 such projects through contracts, allocation to the Corps

3 of Engineers, or grants to States; and $1,030,782,400

4 shall be for grants, including associated program support

5 costs, to States, federally recognized tribes, interstate

6 agencies, tribal consortia, and air pollution control agen7 cies for multi-media or single media pollution prevention,

8 control and abatement and related activities, including ac9 tivities pursuant to the provisions set forth under this

10 heading in Public Law 104–134, and for making grants

11 under section 103 of the Clean Air Act for particulate

12 matter monitoring and data collection activities of which

13 and subject to terms and conditions specified by the Ad14 ministrator, $25,000,000 shall be for Environmental In15 formation Exchange Network grants, including associated

16 program support costs: Provided, That for fiscal year

17 2002, State authority under section 302(a) of Public Law

18 104–182 shall remain in effect: Provided further, That for

19 fiscal year 2002, and notwithstanding section 518(f) of

20 the Federal Water Pollution Control Act, as amended, the

21 Administrator is authorized to use the amounts appro22 priated for any fiscal year under section 319 of that Act

23 to make grants to Indian tribes pursuant to section 319(h)

24 and 518(e) of that Act: Provided further, That for fiscal

25 year 2002, notwithstanding the limitation on amounts in
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section 518(c) of the Act, up to a total of 11 1 ⁄2 percent

2 of the funds appropriated for State Revolving Funds

3 under Title VI of that Act may be reserved by the Admin4 istrator for grants under section 518(c) of such Act: Pro5 vided further, That no funds provided by this legislation

6 to address the water, wastewater and other critical infra7 structure needs of the colonias in the United States along

8 the United States-Mexico border shall be made available

9 to a county or municipal government unless that govern10 ment has established an enforceable local ordinance, or

11 other zoning rule, which prevents in that jurisdiction the

12 development or construction of any additional colonia

13 areas, or the development within an existing colonia the

14 construction of any new home, business, or other structure

15 which lacks water, wastewater, or other necessary infra16 structure.

17 ADMINISTRATIVE PROVISION

18 For fiscal year 2002, notwithstanding 31 U.S.C.

19 6303(1) and 6305(1), the Administrator of the Environ20 mental Protection Agency, in carrying out the Agency’s

21 function to implement directly Federal environmental pro22 grams required or authorized by law in the absence of an

23 acceptable tribal program, may award cooperative agree24 ments to federally-recognized Indian Tribes or Intertribal

25 consortia, if authorized by their member Tribes, to assist

26 the Administrator in implementing Federal environmental
79

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1 programs for Indian Tribes required or authorized by law,

2 except that no such cooperative agreements may be award3 ed from funds designated for State financial assistance

4 agreements.

5 EXECUTIVE OFFICE OF THE PRESIDENT

6 OFFICE OF SCIENCE AND TECHNOLOGY POLICY

7 For necessary expenses of the Office of Science and

8 Technology Policy, in carrying out the purposes of the Na9 tional Science and Technology Policy, Organization, and

10 Priorities Act of 1976 (42 U.S.C. 6601 and 6671), hire

11 of passenger motor vehicles, and services as authorized by

12 5 U.S.C. 3109, not to exceed $2,500 for official reception

13 and representation expenses, and rental of conference

14 rooms in the District of Columbia, $5,267,000.

15 COUNCIL ON ENVIRONMENTAL QUALITY AND OFFICE OF

16 ENVIRONMENTAL QUALITY

17 For necessary expenses to continue functions as18 signed to the Council on Environmental Quality and Office

19 of Environmental Quality pursuant to the National Envi20 ronmental Policy Act of 1969, the Environmental Quality

21 Improvement Act of 1970, and Reorganization Plan No.

22 1 of 1977, $2,974,000: Provided, That, notwithstanding

23 any other provision of law, no funds other than those ap24 propriated under this heading shall be used for or by the

25 Council on Environmental Quality and Office of Environ26 mental Quality: Provided further, That notwithstanding
80

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1 section 202 of the National Environmental Policy Act of

2 1970, the Council shall consist of one member, appointed

3 by the President, by and with the advice and consent of

4 the Senate, serving as chairman and exercising all powers,

5 functions, and duties of the Council.

6 FEDERAL DEPOSIT INSURANCE CORPORATION

7 OFFICE OF INSPECTOR GENERAL

8 For necessary expenses of the Office of Inspector

9 General in carrying out the provisions of the Inspector

10 General Act of 1978, as amended, $33,660,000, to be de11 rived from the Bank Insurance Fund, the Savings Asso12 ciation Insurance Fund, and the FSLIC Resolution Fund.

13 FEDERAL EMERGENCY MANAGEMENT AGENCY

14 DISASTER RELIEF

15 (INCLUDING TRANSFER OF FUNDS)

16 For necessary expenses in carrying out the Robert

17 T. Stafford Disaster Relief and Emergency Assistance Act

18 (42 U.S.C. 5121 et seq.), $359,399,000, and, notwith19 standing 42 U.S.C. 5203, to remain available until ex20 pended, of which not to exceed $2,900,000 may be trans21 ferred to ‘‘Emergency management planning and assist22 ance’’ for the consolidated emergency management per23 formance grant program; up to $15,000,000 may be obli24 gated for flood map modernization activities following dis25 aster declarations; and $21,577,000 may be used by the

26 Office of Inspector General for audits and investigations.
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1 For an additional amount for ‘‘Disaster relief’’,

2 $2,000,000,000, to remain available until expended: Pro3 vided, That the entire amount is designated by the Con4 gress as an emergency requirement pursuant to section

5 251(b)(2)(A) of the Balanced Budget and Emergency

6 Deficit Control Act of 1985, as amended: Provided further,

7 That the entire amount shall be available only to the ex8 tent that an official budget request for a specific dollar

9 amount, that includes designation of the entire amount of

10 the request as an emergency requirement as defined in

11 the Balanced Budget and Emergency Deficit Control Act

12 of 1985, as amended, is transmitted by the President to

13 the Congress.

14 DISASTER ASSISTANCE DIRECT LOAN PROGRAM ACCOUNT

15 For the cost of direct loans, $405,000 as authorized

16 by section 319 of the Robert T. Stafford Disaster Relief

17 and Emergency Assistance Act: Provided, That such costs,

18 including the cost of modifying such loans, shall be as de19 fined in section 502 of the Congressional Budget Act of

20 1974, as amended: Provided further, That these funds are

21 available to subsidize gross obligations for the principal

22 amount of direct loans not to exceed $25,000,000. In addi23 tion, for administrative expenses to carry out the direct

24 loan program, $543,000.
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1 SALARIES AND EXPENSES

2 For necessary expenses, not otherwise provided for,

3 including hire and purchase of motor vehicles as author4 ized by 31 U.S.C. 1343; uniforms, or allowances therefor,

5 as authorized by 5 U.S.C. 5901–5902; services as author6 ized by 5 U.S.C. 3109, but at rates for individuals not

7 to exceed the per diem rate equivalent to the maximum

8 rate payable for senior level positions under 5 U.S.C.

9 5376; expenses of attendance of cooperating officials and

10 individuals at meetings concerned with the work of emer11 gency preparedness; transportation in connection with the

12 continuity of Government programs to the same extent

13 and in the same manner as permitted the Secretary of

14 a Military Department under 10 U.S.C. 2632; and not to

15 exceed $2,500 for official reception and representation ex16 penses, $233,801,000.

17 OFFICE OF INSPECTOR GENERAL

18 For necessary expenses of the Office of Inspector

19 General in carrying out the Inspector General Act of 1978,

20 as amended, $10,303,000: Provided, That notwith21 standing any other provision of law, the Inspector General

22 of the Federal Emergency Management Agency shall also

23 serve as the Inspector General of the Chemical Safety and

24 Hazard Investigation Board.
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1 EMERGENCY MANAGEMENT PLANNING AND ASSISTANCE

2 For necessary expenses, not otherwise provided for,

3 to carry out activities under the National Flood Insurance

4 Act of 1968, as amended, and the Flood Disaster Protec5 tion Act of 1973, as amended (42 U.S.C. 4001 et seq.),

6 the Robert T. Stafford Disaster Relief and Emergency As7 sistance Act (42 U.S.C. 5121 et seq.), the Earthquake

8 Hazards Reduction Act of 1977, as amended (42 U.S.C.

9 7701 et seq.), the Federal Fire Prevention and Control

10 Act of 1974, as amended (15 U.S.C. 2201 et seq.), the

11 Defense Production Act of 1950, as amended (50 U.S.C.

12 App. 2061 et seq.), sections 107 and 303 of the National

13 Security Act of 1947, as amended (50 U.S.C. 404–405),

14 and Reorganization Plan No. 3 of 1978, $279,623,000:

15 Provided, That for purposes of pre-disaster mitigation

16 pursuant to 42 U.S.C. 5131(b) and (c) and 42 U.S.C.

17 5196(e) and (i), $25,000,000 of the funds made available

18 under this heading shall be available until expended for

19 project grants.

20 For an additional amount for ‘‘Emergency manage21 ment planning and assistance’’, $150,000,000 for pro22 grams as authorized by section 33 of the Federal Fire Pre23 vention and Control Act of 1974, as amended (15 U.S.C.

24 2201 et seq.).
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1 RADIOLOGICAL EMERGENCY PREPAREDNESS FUND

2 The aggregate charges assessed during fiscal year

3 2002, as authorized by Public Law 106–377, shall not be

4 less than 100 percent of the amounts anticipated by

5 FEMA necessary for its radiological emergency prepared6 ness program for the next fiscal year. The methodology

7 for assessment and collection of fees shall be fair and equi8 table; and shall reflect costs of providing such services,

9 including administrative costs of collecting such fees. Fees

10 received pursuant to this section shall be deposited in the

11 Fund as offsetting collections and will become available

12 for authorized purposes on October 1, 2002, and remain

13 available until expended.

14 EMERGENCY FOOD AND SHELTER PROGRAM

15 To carry out an emergency food and shelter program

16 pursuant to title III of Public Law 100–77, as amended,

17 $139,692,000, to remain available until expended: Provided, That total administrative costs shall not exceed 31 18 ⁄2

19 percent of the total appropriation.

20 NATIONAL FLOOD INSURANCE FUND

21 (INCLUDING TRANSFERS OF FUNDS)

22 For activities under the National Flood Insurance

23 Act of 1968 (‘‘the Act’’), the Flood Disaster Protection

24 Act of 1973, as amended, not to exceed $28,798,000 for

25 salaries and expenses associated with flood mitigation and

26 flood insurance operations, and not to exceed $76,381,000
85

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1 for flood mitigation, including up to $20,000,000 for ex2 penses under section 1366 of the Act, which amount shall

3 be available for transfer to the National Flood Mitigation

4 Fund until September 30, 2003. In fiscal year 2002, no

5 funds in excess of: (1) $55,000,000 for operating ex6 penses; (2) $536,750,000 for agents’ commissions and

7 taxes; and (3) $30,000,000 for interest on Treasury bor8 rowings shall be available from the National Flood Insur9 ance Fund without prior notice to the Committees on Ap10 propriations.

11 In addition, up to $7,000,000 in fees collected but

12 unexpended during fiscal years 2000 through 2001 shall

13 be transferred to the Flood Map Modernization Fund and

14 available for expenditure in fiscal year 2002.

15 Section 1309(a)(2) of the Act (42 U.S.C.

16 4016(a)(2)), as amended, is further amended by striking

17 ‘‘December 31, 2001’’ and inserting ‘‘December 31,

18 2002’’.

19 Section 1319 of the Act, as amended (42 U.S.C.

20 4026), is amended by striking ‘‘September 30, 2001’’ and

21 inserting ‘‘December 31, 2002’’.

22 Section 1336 of the Act, as amended (42 U.S.C.

23 4056), is amended by striking ‘‘September 30, 2001’’ and

24 inserting ‘‘December 31, 2002’’.
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1 The first sentence of section 1376(c) of the Act, as

2 amended (42 U.S.C. 4127(c)), is amended by striking

3 ‘‘December 31, 2001’’ and inserting ‘‘December 31,

4 2002’’.

5 NATIONAL FLOOD MITIGATION FUND

6 Notwithstanding sections 1366(b)(3)(B)–(C) and

7 1366(f) of the National Flood Insurance Act of 1968, as

8 amended, $20,000,000, to remain available until Sep9 tember 30, 2003, for activities designed to reduce the risk

10 of flood damage to structures pursuant to such Act, of

11 which $20,000,000 shall be derived from the National

12 Flood Insurance Fund.

13 GENERAL SERVICES ADMINISTRATION

14 FEDERAL CONSUMER INFORMATION CENTER FUND

15 For necessary expenses of the Federal Consumer In16 formation Center, including services authorized by 5

17 U.S.C. 3109, $7,276,000, to be deposited into the Federal

18 Consumer Information Center Fund: Provided, That the

19 appropriations, revenues, and collections deposited into

20 the Fund shall be available for necessary expenses of Fed21 eral Consumer Information Center activities in the aggre22 gate amount of $12,000,000. Appropriations, revenues,

23 and collections accruing to this Fund during fiscal year

24 2002 in excess of $12,000,000 shall remain in the Fund

25 and shall not be available for expenditure except as au26 thorized in appropriations Acts.
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1 NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

2 HUMAN SPACE FLIGHT

3 (INCLUDING TRANSFER OF FUNDS)

4 For necessary expenses, not otherwise provided for,

5 in the conduct and support of human space flight research

6 and development activities, including research, develop7 ment, operations, support and services; maintenance; con8 struction of facilities including repair, rehabilitation, revi9 talization and modification of facilities, construction of

10 new facilities and additions to existing facilities, facility

11 planning and design, environmental compliance and res12 toration, and acquisition or condemnation of real property,

13 as authorized by law; space flight, spacecraft control and

14 communications activities including operations, produc15 tion, and services; program management; personnel and

16 related costs, including uniforms or allowances therefor,

17 as authorized by 5 U.S.C. 5901–5902; travel expenses;

18 purchase and hire of passenger motor vehicles; not to ex19 ceed $20,000 for official reception and representation ex20 penses; and purchase, lease, charter, maintenance and op21 eration of mission and administrative aircraft,

22 $6,868,000,000, to remain available until September 30,

23 2003, of which amounts as determined by the Adminis24 trator for salaries and benefits; training, travel and

25 awards; facility and related costs; information technology

26 services; science, engineering, fabricating and testing serv-
88

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1 ices; and other administrative services may be transferred

2 to the Science, Aeronautics and Technology account in ac3 cordance with section 312(b) of the National Aeronautics

4 and Space Act of 1958, as amended by Public Law 106–

5 377: Provided, That the funding level for Development

6 and Operation of the International Space Station shall not

7 exceed $1,781,300,000 for fiscal year 2002,

8 $1,500,400,000 for fiscal year 2003, $1,203,800,000 for

9 fiscal year 2004, $1,078,300,000 for fiscal year 2005 and

10 $1,099,600,000 for fiscal year 2006: Provided further,

11 That the President shall certify, and report such certifi12 cation to the Senate Committees on Appropriations and

13 Commerce, Science and Transportation and to the House

14 of Representatives Committees on Appropriations and

15 Science, that any proposal to exceed these limits, or en16 hance the International Space Station design above the

17 content planned for U.S. core complete, is (1) necessary

18 and of the highest priority to enhance the goal of world

19 class research in space aboard the International Space

20 Station; (2) within acceptable risk levels, having no major

21 unresolved technical issues and a high confidence in cost

22 and schedule estimates, and independently validated; and

23 (3) affordable within the multi-year funding available to

24 the International Space Station program as defined above

25 or, if exceeds such amounts, these additional resources are
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1 not achieved through any funding reduction to programs

2 contained in Space Science, Earth Science and Aero3 nautics.

4 SCIENCE, AERONAUTICS AND TECHNOLOGY

5 For necessary expenses, not otherwise provided for,

6 in the conduct and support of science, aeronautics and

7 technology research and development activities, including

8 research, development, operations, support and services;

9 maintenance; construction of facilities including repair, re10 habilitation, revitalization, and modification of facilities,

11 construction of new facilities and additions to existing fa12 cilities, facility planning and design, environmental com13 pliance and restoration, and acquisition or condemnation

14 of real property, as authorized by law; space flight, space15 craft control and communications activities including oper16 ations, production, and services; program management;

17 personnel and related costs, including uniforms or allow18 ances therefor, as authorized by 5 U.S.C. 5901–5902;

19 travel expenses; purchase and hire of passenger motor ve20 hicles; not to exceed $20,000 for official reception and rep21 resentation expenses; and purchase, lease, charter, mainte22 nance and operation of mission and administrative air23 craft, $7,669,700,000, to remain available until Sep24 tember 30, 2003.
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1 OFFICE OF INSPECTOR GENERAL

2 For necessary expenses of the Office of Inspector

3 General in carrying out the Inspector General Act of 1978,

4 as amended, $23,700,000.

5 ADMINISTRATIVE PROVISIONS

6 Notwithstanding the limitation on the availability of

7 funds appropriated for ‘‘Human space flight’’, or

8 ‘‘Science, aeronautics and technology’’ by this appropria9 tions Act, when any activity has been initiated by the in10 currence of obligations for construction of facilities as au11 thorized by law, such amount available for such activity

12 shall remain available until expended. This provision does

13 not apply to the amounts appropriated for institutional

14 minor revitalization and construction of facilities, and in15 stitutional facility planning and design.

16 Notwithstanding the limitation on the availability of

17 funds appropriated for ‘‘Human space flight’’, or

18 ‘‘Science, aeronautics and technology’’ by this appropria19 tions Act, the amounts appropriated for construction of

20 facilities shall remain available until September 30, 2004.

21 Notwithstanding the limitation on the availability of

22 funds appropriated for ‘‘Office of Inspector General’’,

23 amounts made available by this Act for personnel and re24 lated costs and travel expenses of the National Aero25 nautics and Space Administration shall remain available

26 until September 30, 2002 and may be used to enter into
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1 contracts for training, investigations, costs associated with

2 personnel relocation, and for other services, to be provided

3 during the next fiscal year. Funds for announced prizes

4 otherwise authorized shall remain available, without fiscal

5 year limitation, until the prize is claimed or the offer is

6 withdrawn.

7 NATIONAL CREDIT UNION ADMINISTRATION

8 CENTRAL LIQUIDITY FACILITY

9 (INCLUDING TRANSFER OF FUNDS)

10 During fiscal year 2002, gross obligations of the Cen11 tral Liquidity Facility for the principal amount of new di12 rect loans to member credit unions, as authorized by 12

13 U.S.C. 1795 et seq., shall not exceed $1,500,000,000: Pro14 vided, That administrative expenses of the Central Liquid15 ity Facility shall not exceed $309,000: Provided further,

16 That $1,000,000 shall be transferred to the Community

17 Development Revolving Loan Fund, of which $650,000,

18 together with amounts of principal and interest on loans

19 repaid, shall be available until expended for loans to com20 munity development credit unions, and $350,000 shall be

21 available until expended for technical assistance to low22 income and community development credit unions.

23 NATIONAL SCIENCE FOUNDATION

24 RESEARCH AND RELATED ACTIVITIES

25 For necessary expenses in carrying out the National

26 Science Foundation Act of 1950, as amended (42 U.S.C.
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1 1861–1875), and the Act to establish a National Medal

2 of Science (42 U.S.C. 1880–1881); services as authorized

3 by 5 U.S.C. 3109; authorized travel; maintenance and op4 eration of aircraft and purchase of flight services for re5 search support; acquisition of aircraft; $3,514,481,000, of

6 which not to exceed $285,000,000 shall remain available

7 until expended for Polar research and operations support,

8 and for reimbursement to other Federal agencies for oper9 ational and science support and logistical and other re10 lated activities for the United States Antarctic program;

11 the balance to remain available until September 30, 2003:

12 Provided, That receipts for scientific support services and

13 materials furnished by the National Research Centers and

14 other National Science Foundation supported research fa15 cilities may be credited to this appropriation: Provided fur16 ther, That to the extent that the amount appropriated is

17 less than the total amount authorized to be appropriated

18 for included program activities, all amounts, including

19 floors and ceilings, specified in the authorizing Act for

20 those program activities or their subactivities shall be re21 duced proportionally: Provided further, That $75,000,000

22 of the funds available under this heading shall be made

23 available for a comprehensive research initiative on plant

24 genomes for economically significant crops.
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1 MAJOR RESEARCH EQUIPMENT

2 For necessary expenses of major construction

3 projects pursuant to the National Science Foundation Act

4 of 1950, as amended, including authorized travel,

5 $108,832,000, to remain available until expended.

6 EDUCATION AND HUMAN RESOURCES

7 For necessary expenses in carrying out science and

8 engineering education and human resources programs and

9 activities pursuant to the National Science Foundation

10 Act of 1950, as amended (42 U.S.C. 1861–1875), includ11 ing services as authorized by 5 U.S.C. 3109, authorized

12 travel, and rental of conference rooms in the District of

13 Columbia, $872,407,000, to remain available until Sep14 tember 30, 2003: Provided, That to the extent that the

15 amount of this appropriation is less than the total amount

16 authorized to be appropriated for included program activi17 ties, all amounts, including floors and ceilings, specified

18 in the authorizing Act for those program activities or their

19 subactivities shall be reduced proportionally: Provided fur20 ther, That $15,000,000 shall be available for the innova21 tion partnership program.

22 SALARIES AND EXPENSES

23 For salaries and expenses necessary in carrying out

24 the National Science Foundation Act of 1950, as amended

25 (42 U.S.C. 1861–1875); services authorized by 5 U.S.C.

26 3109; hire of passenger motor vehicles; not to exceed
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1 $9,000 for official reception and representation expenses;

2 uniforms or allowances therefor, as authorized by 5 U.S.C.

3 5901–5902; rental of conference rooms in the District of

4 Columbia; reimbursement of the General Services Admin5 istration for security guard services; $170,040,000: Pro6 vided, That contracts may be entered into under ‘‘Salaries

7 and expenses’’ in fiscal year 2002 for maintenance and

8 operation of facilities, and for other services, to be pro9 vided during the next fiscal year.

10 OFFICE OF INSPECTOR GENERAL

11 For necessary expenses of the Office of Inspector

12 General as authorized by the Inspector General Act of

13 1978, as amended, $6,760,000, to remain available until

14 September 30, 2003.

15 NEIGHBORHOOD REINVESTMENT CORPORATION

16 PAYMENT TO THE NEIGHBORHOOD REINVESTMENT

17 CORPORATION

18 For payment to the Neighborhood Reinvestment Cor19 poration for use in neighborhood reinvestment activities,

20 as authorized by the Neighborhood Reinvestment Corpora21 tion Act (42 U.S.C. 8101–8107), $100,000,000, of which

22 $10,000,000 shall be for a homeownership program that

23 is used in conjunction with section 8 assistance under the

24 United States Housing Act of 1937, as amended.
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1 SELECTIVE SERVICE SYSTEM

2 SALARIES AND EXPENSES

3 For necessary expenses of the Selective Service Sys4 tem, including expenses of attendance at meetings and of

5 training for uniformed personnel assigned to the Selective

6 Service System, as authorized by 5 U.S.C. 4101–4118 for

7 civilian employees; and not to exceed $1,000 for official

8 reception and representation expenses; $25,003,000: Pro9 vided, That during the current fiscal year, the President

10 may exempt this appropriation from the provisions of 31

11 U.S.C. 1341, whenever the President deems such action

12 to be necessary in the interest of national defense: Pro13 vided further, That none of the funds appropriated by this

14 Act may be expended for or in connection with the induc15 tion of any person into the Armed Forces of the United

16 States.

17 TITLE IV—GENERAL PROVISIONS

18 SEC. 401. Where appropriations in titles I, II, and

19 III of this Act are expendable for travel expenses and no

20 specific limitation has been placed thereon, the expendi21 tures for such travel expenses may not exceed the amounts

22 set forth therefor in the budget estimates submitted for

23 the appropriations: Provided, That this provision does not

24 apply to accounts that do not contain an object classifica25 tion for travel: Provided further, That this section shall
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1 not apply to travel performed by uncompensated officials

2 of local boards and appeal boards of the Selective Service

3 System; to travel performed directly in connection with

4 care and treatment of medical beneficiaries of the Depart5 ment of Veterans Affairs; to travel performed in connec6 tion with major disasters or emergencies declared or deter7 mined by the President under the provisions of the Robert

8 T. Stafford Disaster Relief and Emergency Assistance

9 Act; to travel performed by the Offices of Inspector Gen10 eral in connection with audits and investigations; or to

11 payments to interagency motor pools where separately set

12 forth in the budget schedules: Provided further, That if

13 appropriations in titles I, II, and III exceed the amounts

14 set forth in budget estimates initially submitted for such

15 appropriations, the expenditures for travel may cor16 respondingly exceed the amounts therefor set forth in the

17 estimates only to the extent such an increase is approved

18 by the Committees on Appropriations.

19 SEC. 402. Appropriations and funds available for the

20 administrative expenses of the Department of Housing

21 and Urban Development and the Selective Service System

22 shall be available in the current fiscal year for purchase

23 of uniforms, or allowances therefor, as authorized by 5

24 U.S.C. 5901–5902; hire of passenger motor vehicles; and

25 services as authorized by 5 U.S.C. 3109.
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1 SEC. 403. Funds of the Department of Housing and

2 Urban Development subject to the Government Corpora3 tion Control Act or section 402 of the Housing Act of

4 1950 shall be available, without regard to the limitations

5 on administrative expenses, for legal services on a contract

6 or fee basis, and for utilizing and making payment for

7 services and facilities of the Federal National Mortgage

8 Association, Government National Mortgage Association,

9 Federal Home Loan Mortgage Corporation, Federal Fi10 nancing Bank, Federal Reserve banks or any member

11 thereof, Federal Home Loan banks, and any insured bank

12 within the meaning of the Federal Deposit Insurance Cor13 poration Act, as amended (12 U.S.C. 1811–1831).

14 SEC. 404. No part of any appropriation contained in

15 this Act shall remain available for obligation beyond the

16 current fiscal year unless expressly so provided herein.

17 SEC. 405. No funds appropriated by this Act may be

18 expended—

19 (1) pursuant to a certification of an officer or

20 employee of the United States unless—

21 (A) such certification is accompanied by,

22 or is part of, a voucher or abstract which de23 scribes the payee or payees and the items or

24 services for which such expenditure is being

25 made; or
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1 (B) the expenditure of funds pursuant to

2 such certification, and without such a voucher

3 or abstract, is specifically authorized by law;

4 and

5 (2) unless such expenditure is subject to audit

6 by the General Accounting Office or is specifically

7 exempt by law from such audit.

8 SEC. 406. None of the funds provided in this Act to

9 any department or agency may be expended for the trans10 portation of any officer or employee of such department

11 or agency between their domicile and their place of em12 ployment, with the exception of any officer or employee

13 authorized such transportation under 31 U.S.C. 1344 or

14 5 U.S.C. 7905.

15 SEC. 407. None of the funds provided in this Act may

16 be used for payment, through grants or contracts, to re17 cipients that do not share in the cost of conducting re18 search resulting from proposals not specifically solicited

19 by the Government: Provided, That the extent of cost

20 sharing by the recipient shall reflect the mutuality of in21 terest of the grantee or contractor and the Government

22 in the research.

23 SEC. 408. None of the funds in this Act may be used,

24 directly or through grants, to pay or to provide reimburse25 ment for payment of the salary of a consultant (whether
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1 retained by the Federal Government or a grantee) at more

2 than the daily equivalent of the rate paid for level IV of

3 the Executive Schedule, unless specifically authorized by

4 law.

5 SEC. 409. None of the funds provided in this Act

6 shall be used to pay the expenses of, or otherwise com7 pensate, non-Federal parties intervening in regulatory or

8 adjudicatory proceedings. Nothing herein affects the au9 thority of the Consumer Product Safety Commission pur10 suant to section 7 of the Consumer Product Safety Act

11 (15 U.S.C. 2056 et seq.).

12 SEC. 410. Except as otherwise provided under exist13 ing law, or under an existing Executive Order issued pur14 suant to an existing law, the obligation or expenditure of

15 any appropriation under this Act for contracts for any

16 consulting service shall be limited to contracts which are:

17 (1) a matter of public record and available for public in18 spection; and (2) thereafter included in a publicly available

19 list of all contracts entered into within 24 months prior

20 to the date on which the list is made available to the public

21 and of all contracts on which performance has not been

22 completed by such date. The list required by the preceding

23 sentence shall be updated quarterly and shall include a

24 narrative description of the work to be performed under

25 each such contract.
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1 SEC. 411. Except as otherwise provided by law, no

2 part of any appropriation contained in this Act shall be

3 obligated or expended by any executive agency, as referred

4 to in the Office of Federal Procurement Policy Act (41

5 U.S.C. 401 et seq.), for a contract for services unless such

6 executive agency: (1) has awarded and entered into such

7 contract in full compliance with such Act and the regula8 tions promulgated thereunder; and (2) requires any report

9 prepared pursuant to such contract, including plans, eval10 uations, studies, analyses and manuals, and any report

11 prepared by the agency which is substantially derived from

12 or substantially includes any report prepared pursuant to

13 such contract, to contain information concerning: (A) the

14 contract pursuant to which the report was prepared; and

15 (B) the contractor who prepared the report pursuant to

16 such contract.

17 SEC. 412. Except as otherwise provided in section

18 406, none of the funds provided in this Act to any depart19 ment or agency shall be obligated or expended to provide

20 a personal cook, chauffeur, or other personal servants to

21 any officer or employee of such department or agency.

22 SEC. 413. None of the funds provided in this Act to

23 any department or agency shall be obligated or expended

24 to procure passenger automobiles as defined in 15 U.S.C.
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1 2001 with an EPA estimated miles per gallon average of

2 less than 22 miles per gallon.

3 SEC. 414. None of the funds appropriated in title I

4 of this Act shall be used to enter into any new lease of

5 real property if the estimated annual rental is more than

6 $300,000 unless the Secretary submits a report which the

7 Committees on Appropriations of the Congress approve

8 within 30 days following the date on which the report is

9 received.

10 SEC. 415. (a) It is the sense of the Congress that,

11 to the greatest extent practicable, all equipment and prod12 ucts purchased with funds made available in this Act

13 should be American-made.

14 (b) In providing financial assistance to, or entering

15 into any contract with, any entity using funds made avail16 able in this Act, the head of each Federal agency, to the

17 greatest extent practicable, shall provide to such entity a

18 notice describing the statement made in subsection (a) by

19 the Congress.

20 SEC. 416. None of the funds appropriated in this Act

21 may be used to implement any cap on reimbursements to

22 grantees for indirect costs, except as published in Office

23 of Management and Budget Circular A–21.
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1 SEC. 417. Such sums as may be necessary for fiscal

2 year 2002 pay raises for programs funded by this Act shall

3 be absorbed within the levels appropriated in this Act.

4 SEC. 418. None of the funds made available in this

5 Act may be used for any program, project, or activity,

6 when the program, project, or activity is not in compliance

7 with any Federal law relating to risk assessment, the pro8 tection of private property rights, or unfunded mandates.

9 SEC. 419. Corporations and agencies of the Depart10 ment of Housing and Urban Development which are sub11 ject to the Government Corporation Control Act, as

12 amended, are hereby authorized to make such expendi13 tures, within the limits of funds and borrowing authority

14 available to each such corporation or agency and in accord

15 with law, and to make such contracts and commitments

16 without regard to fiscal year limitations as provided by

17 section 104 of such Act as may be necessary in carrying

18 out the programs set forth in the budget for 2002 for such

19 corporation or agency except as hereinafter provided: Pro20 vided, That collections of these corporations and agencies

21 may be used for new loan or mortgage purchase commit22 ments only to the extent expressly provided for in this Act

23 (unless such loans are in support of other forms of assist24 ance provided for in this or prior appropriations Acts), ex25 cept that this proviso shall not apply to the mortgage in-
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1 surance or guaranty operations of these corporations, or

2 where loans or mortgage purchases are necessary to pro3 tect the financial interest of the United States Govern4 ment.

5 SEC. 420. Notwithstanding any other provision of

6 law, the term ‘‘qualified student loan’’ with respect to na7 tional service education awards shall mean any loan deter8 mined by an institution of higher education to be nec9 essary to cover a student’s cost of attendance at such in10 stitution and made directly to a student by a state agency,

11 in addition to other meanings under section 148(b)(7) of

12 the National and Community Service Act.

13 SEC. 421. Unless otherwise provided for in this Act,

14 no part of any appropriation for the Department of Hous15 ing and Urban Development shall be available for any ac16 tivity in excess of amounts set forth in the budget esti17 mates submitted to Congress.

18 SEC. 422. None of the funds appropriated or other19 wise made available by this Act shall be used to promul20 gate a final regulation to implement changes in the pay21 ment of pesticide tolerance processing fees as proposed at

22 64 Fed. Reg. 31040, or any similar proposals. The Envi23 ronmental Protection Agency may proceed with the devel24 opment of such a rule.
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1 SEC. 423. Except in the case of entities that are

2 funded solely with Federal funds or any natural persons

3 that are funded under this Act, none of the funds in this

4 Act shall be used for the planning or execution of any pro5 gram to pay the expenses of, or otherwise compensate,

6 non-Federal parties to lobby or litigate in respect to adju7 dicatory proceedings funded in this Act. A chief executive

8 officer of any entity receiving funds under this Act shall

9 certify that none of these funds have been used to engage

10 in the lobbying of the Federal Government or in litigation

11 against the United States unless authorized under existing

12 law.

13 SEC. 424. No part of any funds appropriated in this

14 Act shall be used by an agency of the executive branch,

15 other than for normal and recognized executive-legislative

16 relationships, for publicity or propaganda purposes, and

17 for the preparation, distribution or use of any kit, pam18 phlet, booklet, publication, radio, television or film presen19 tation designed to support or defeat legislation pending

20 before the Congress, except in presentation to the Con21 gress itself.

22 SEC. 425. None of the funds provided in Title II for

23 technical assistance, training, or management improve24 ments may be obligated or expended unless HUD provides

25 to the Committees on Appropriations a description of each
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1 proposed activity and a detailed budget estimate of the

2 costs associated with each activity as part of the Budget

3 Justifications. For fiscal year 2002, HUD shall transmit

4 this information to the Committees by January 8, 2002

5 for 30 days of review.

6 SEC. 426. Section 70113(f) of title 49, United States

7 Code, is amended by striking ‘‘December 31, 2001’’, and

8 inserting ‘‘December 31, 2002’’.

9 SEC. 427. All Departments and agencies funded

10 under this Act are encouraged, within the limits of the

11 existing statutory authorities and funding, to expand their

12 use of ‘‘E-Commerce’’ technologies and procedures in the

13 conduct of their business practices and public service ac14 tivities.

15 This Act may be cited as the ‘‘Departments of Vet16 erans Affairs and Housing and Urban Development, and

17 Independent Agencies Appropriations Act, 2002’’.

Calendar No. 97

107TH CONGRESS

1ST SESSION S. 1216

[Report No. 107–43]

A BILL

Making appropriations for the Departments of Veterans Affairs and Housing and Urban Development, and for sundry independent agencies,

boards, commissions, corporations, and officesfor the fiscal year ending September 30, 2002,and for other purposes.

JULY 20, 2001

Read twice and placed on the calendar