H. J. Res. 2—492
(1) received an allocation in a prior fiscal year under clause
(ii) of such section; and
(2) is not otherwise eligible for an allocation for fiscal
year 2003 under such clause (ii) because the areas in the
State outside of the metropolitan statistical areas that qualify
under clause (i) in fiscal year 2003 do not have the number
of cases of acquired immunodeficiency syndrome (AIDS)
required under such clause.
(b) The amount of the allocation and grant for any State
described in subsection (a) shall be an amount based on the cumu-
lative number of AIDS cases in the areas of that State that are
outside of metropolitan statistical areas that qualify under clause
(i) of such section 854(c)(1)(A) in fiscal year 2003, in proportion
to AIDS cases among cities and States that qualify under clauses
(i) and (ii) of such section and States deemed eligible under sub-
section (a).
SEC. 204. (a) Section 225(a) of the Departments of Veterans
Affairs and Housing and Urban Development, and Independent
Agencies Appropriations Act, 2000, Public Law 106–74 (113 Stat.
1076), is amended by striking ‘‘year 2000, and the amounts that
would otherwise be allocated for fiscal year 2001 and fiscal year
2002’’, and inserting ‘‘years 2000, 2001, 2002, and 2003’’.
(b) Notwithstanding any other provision of law, the Secretary
of Housing and Urban Development shall allocate to Wake County,
North Carolina, the amounts that otherwise would be allocated
for fiscal year 2003 under section 854(c) of the AIDS Housing
Opportunity Act (42 U.S.C. 12903(c)) to the City of Raleigh, North
Carolina, on behalf of the Raleigh-Durham-Chapel Hill, North Caro-
lina Metropolitan Statistical Area. Any amounts allocated to Wake
County shall be used to carry out eligible activities under section
855 of such Act (42 U.S.C. 12904) within such metropolitan statis-
tical area.
SEC. 205. (a) During fiscal year 2003, in the provision of rental
assistance under section 8(o) of the United States Housing Act
of 1937 (42 U.S.C. 1437f(o)) in connection with a program to dem-
onstrate the economy and effectiveness of providing such assistance
for use in assisted living facilities that is carried out in the counties
of the State of Michigan specified in subsection (b) of this section,
notwithstanding paragraphs (3) and (18)(B)(iii) of such section 8(o),
a family residing in an assisted living facility in any such county,
on behalf of which a public housing agency provides assistance
pursuant to section 8(o)(18) of such Act, may be required, at the
time the family initially receives such assistance, to pay rent in
an amount exceeding 40 percent of the monthly adjusted income
of the family by such a percentage or amount as the Secretary
of Housing and Urban Development determines to be appropriate.
(b) The counties specified in this subsection are Oakland
County, Macomb County, Wayne County, and Washtenaw County,
in the State of Michigan.
SEC. 206. Except as explicitly provided in law, any grant or
assistance made pursuant to title II of this Act shall be made
on a competitive basis in accordance with section 102 of the Depart-
ment of Housing and Urban Development Reform Act of 1989.
SEC. 207. Notwithstanding any other provision of law, no funds
in this Act or in any other Act in any fiscal year, including all
future and prior fiscal years, may be used hereafter by the Secretary
of Housing and Urban Development to provide any assistance or
H. J. Res. 2—493
other funds for housing units defined in section 9(n) of the United
States Housing Act of 1937 (as in effect immediately before the
enactment of this Act) as ‘‘covered locally developed public housing
units’’. The States of New York and Massachusetts shall reimburse
any funds already made available under any appropriations Act
for these units to the Secretary of Housing and Urban Development
for reallocation to public housing agencies: Provided, That, if either
State fails to make such reimbursement within 12 months, the
Secretary shall recapture such funds through reductions from the
amounts allocated to each State under section 106 of the Housing
and Community Development Act of 1974.
SEC. 208. Funds of the Department of Housing and Urban
Development subject to the Government Corporation Control Act
or section 402 of the Housing Act of 1950 shall be available, without
regard to the limitations on administrative expenses, for legal serv-
ices on a contract or fee basis, and for utilizing and making payment
for services and facilities of the Federal National Mortgage Associa-
tion, Government National Mortgage Association, Federal Home
Loan Mortgage Corporation, Federal Financing Bank, Federal
Reserve banks or any member thereof, Federal Home Loan banks,
and any insured bank within the meaning of the Federal Deposit
Insurance Corporation Act, as amended (12 U.S.C. 1811–1831).
SEC. 209. Unless otherwise provided for in this Act or through
a reprogramming of funds, no part of any appropriation for the
Department of Housing and Urban Development shall be available
for any program, project or activity in excess of amounts set forth
in the budget estimates submitted to Congress.
SEC. 210. Corporations and agencies of the Department of
Housing and Urban Development which are subject to the Govern-
ment Corporation Control Act, as amended, are hereby authorized
to make such expenditures, within the limits of funds and borrowing
authority available to each such corporation or agency and in accord-
ance with law, and to make such contracts and commitments with-
out regard to fiscal year limitations as provided by section 104
of such Act as may be necessary in carrying out the programs
set forth in the budget for 2003 for such corporation or agency
except as hereinafter provided: Provided, That collections of these
corporations and agencies may be used for new loan or mortgage
purchase commitments only to the extent expressly provided for
in this Act (unless such loans are in support of other forms of
assistance provided for in this or prior appropriations Acts), except
that this proviso shall not apply to the mortgage insurance or
guaranty operations of these corporations, or where loans or mort-
gage purchases are necessary to protect the financial interest of
the United States Government.
SEC. 211. None of the funds provided in this title for technical
assistance, training, or management improvements may be obli-
gated or expended unless HUD provides to the Committees on
Appropriations a description of each proposed activity and a detailed
budget estimate of the costs associated with each program, project
or activity as part of the Budget Justifications. For fiscal year
2003, HUD shall transmit this information to the Committees by
March 15, 2003 for 30 days of review.
SEC. 212. (a) Section 9(n)(1) of the United States Housing
Act of 1937 is hereby repealed.
H. J. Res. 2—494
(b) Section 226 of the Departments of Veterans Affairs and
Housing and Urban development, and Independent Agencies Appro-
priations Act, 1999, is hereby repealed.
(c) The amendment made by subsection (a) shall be deemed
to have taken effect on October 1, 1998.
(d) The amendment made by subsection (b) shall be deemed
to have taken effect on October 21, 1998.
SEC. 213. Notwithstanding any other provision of law, in fiscal
year 2003, in managing and disposing of any multifamily property
that is owned or held by the Secretary and is occupied primarily
by elderly or disabled families, the Secretary of Housing and Urban
Development shall maintain any rental assistance payments under
section 8 of the United States Housing Act of 1937 that are attached
to any dwelling units in the property. To the extent the Secretary
determines that such a multifamily property owned or held by
the Secretary is not feasible for continued rental assistance pay-
ments under such section 8, the Secretary may, in consultation
with the tenants of that property, contract for project-based rental
assistance payments with an owner or owners of other existing
housing properties or provide other rental assistance.
SEC. 214. A public housing agency or such other entity that
administers Federal housing assistance in the States of Alaska,
Iowa, and Mississippi shall not be required to include a resident
of public housing or a recipient of assistance provided under section
8 of the United States Housing Act of 1937 on the board of directors
or a similar governing board of such agency or entity as required
under section (2)(b) of such Act. Each public housing agency or
other entity that administers Federal housing assistance under
section 8 in the States of Alaska, Iowa and Mississippi shall estab-
lish an advisory board of not less than 6 residents of public housing
or recipients of section 8 assistance to provide advice and comment
to the public housing agency or other administering entity on issues
related to public housing and section 8. Such advisory board shall
meet not less than quarterly.
SEC. 215. (a) Section 24(m)(1) of the United States Housing
Act of 1937 (42 U.S.C. 1437v(m)(1)) is amended by striking
‘‘$600,000,000’’ and all that follows through ‘‘2002’’ and inserting
the following: ‘‘$574,000,000 for fiscal year 2003’’.
(b) Section 24(n) of the United States Housing Act of 1937
(42 U.S.C. 1437v(n)) is amended by striking ‘‘September 30, 2002’’
and inserting ‘‘September 30, 2004’’.
SEC. 216. The Secretary of Housing and Urban Development
shall provide quarterly reports to the House and Senate Committees
on Appropriations regarding all uncommitted, unobligated, and
excess funds in each program and activity within the jurisdiction
of the Department and shall submit additional, updated budget
information to these committees upon request.
SEC. 217. The Secretary of Housing and Urban Development
shall submit an annual report no later than August 30, 2003 and
annually thereafter to the House and Senate Committees on Appro-
priations regarding the number of Federally assisted units under
lease and the per unit cost of these units to the Department of
Housing and Urban Development.
SEC. 218. Notwithstanding the requirements regarding first-
time homebuyers in section 104 of the National Affordable Housing
Act of 1990 (42 U.S.C. 12704), the Enterprise Housing Corporation
of Maryland may use the remaining balance of the grant award,
H. J. Res. 2—495
H3–95MD0005–I–N, within the East Baltimore Community of the
City of Baltimore, Maryland.
SEC. 219. In applying the across-the-board rescission under
section 601 of division N to amounts made available under the
heading ‘‘Housing certificate fund’’, the Secretary shall have discre-
tion in applying such rescission among the programs, projects,
or activities within the account notwithstanding section 601(b).
TITLE III—INDEPENDENT AGENCIES
AMERICAN BATTLE MONUMENTS COMMISSION
SALARIES AND EXPENSES
For necessary expenses, not otherwise provided for, of the
American Battle Monuments Commission, including the acquisition
of land or interest in land in foreign countries; purchases and
repair of uniforms for caretakers of national cemeteries and monu-
ments outside of the United States and its territories and posses-
sions; rent of office and garage space in foreign countries; purchase
(one for replacement only) and hire of passenger motor vehicles;
and insurance of official motor vehicles in foreign countries, when
required by law of such countries, $35,246,000, to remain available
until expended.
CHEMICAL SAFETY AND HAZARD INVESTIGATION BOARD
SALARIES AND EXPENSES
For necessary expenses in carrying out activities pursuant to
section 112(r)(6) of the Clean Air Act, as amended, including hire
of passenger vehicles, uniforms or allowances therefore, as author-
ized by 5 U.S.C. 5901–5902, and for services authorized by 5 U.S.C.
3109 but at rates for individuals not to exceed the per diem equiva-
lent to the maximum rate payable for senior level positions under
5 U.S.C. 5376, $7,850,000, of which $1,400,000 shall be derived
from unobligated balances: Provided, That of the amounts appro-
priated, $500,000 is available until September 30, 2004: Provided
further, That the Chemical Safety and Hazard Investigation Board
shall have not more than three career Senior Executive Service
positions.
DEPARTMENT OF THE TREASURY
COMMUNITY DEVELOPMENT FINANCIAL INSTITUTIONS
COMMUNITY DEVELOPMENT FINANCIAL INSTITUTIONS FUND PROGRAM
ACCOUNT
To carry out the Community Development Banking and Finan-
cial Institutions Act of 1994, including services authorized by 5
U.S.C. 3109, but at rates for individuals not to exceed the per
diem rate equivalent to the rate for ES–3, $75,000,000, to remain
available until September 30, 2004, of which $5,000,000 shall be
for financial assistance, technical assistance, training and outreach
programs designed to benefit Native American, Native Hawaiian,
and Alaskan Native communities and provided primarily through
qualified community development lender organizations with experi-
ence and expertise in community development banking and lending