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FAIR HOUSING AND EQUAL OPPORTUNITY
FAIR HOUSING ACTIVITIES
For contracts, grants, and other assistance, not oth-
erwise provided for, as authorized by title VIII of the Civil
Rights Act of 1968, as amended by the Fair Housing
Amendments Act of 1988, and section 561 of the Housing
and Community Development Act of 1987, as amended,
$45,899,000, to remain available until September 30,
2003, of which $19,449,000 shall be to carry out activities
pursuant to such section 561: Provided, That no funds
made available under this heading shall be used to lobby
the executive or legislative branches of the Federal Gov-
ernment in connection with a specific contract, grant or
loan.
OFFICE OF LEAD HAZARD CONTROL
LEAD HAZARD REDUCTION
For the Lead Hazard Reduction Program, as author-
ized by sections 1011 and 1053 of the Residential Lead-
Based Hazard Reduction Act of 1992, $109,758,000 to
remain available until September 30, 2003, of which
$10,000,000 shall be for the Healthy Homes Initiative,
pursuant to sections 501 and 502 of the Housing and
Urban Development Act of 1970 that shall include re-
search, studies, testing, and demonstration efforts, includ-
ing education and outreach concerning lead-based paint
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poisoning and other housing-related environmental child-
hood diseases and hazards.
MANAGEMENT AND ADMINISTRATION
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
For necessary administrative and non-administrative
expenses of the Department of Housing and Urban Devel-
opment, not otherwise provided for, including not to ex-
ceed $7,000 for official reception and representation ex-
penses, $1,086,800,000 (reduced by $10,000,000), of
which $520,000,000 shall be provided from the various
funds of the Federal Housing Administration, $9,383,000
shall be provided from funds of the Government National
Mortgage Association, $1,000,000 shall be provided from
the ‘‘Community development fund’’ account, $150,000
shall be provided by transfer from the ‘‘Title VI Indian
federal guarantees program’’ account, and $200,000 shall
be provided by transfer from the ‘‘Indian housing loan
guarantee fund program’’ account: Provided, That no less
than $85,000,000 shall be transferred to the Working
Capital Fund for the development and maintenance of In-
formation Technology Systems: Provided further, That the
Secretary shall fill 7 out of 10 vacancies at the GS–14
and GS–15 levels until the total number of GS–14 and
GS–15 positions in the Department has been reduced
from the number of GS–14 and GS–15 positions on the
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date of enactment of Public Law 106–377 by 21⁄2 percent:
Provided further, That the Secretary shall submit a staff-
ing plan for the Department by November 1, 2001.
OFFICE OF INSPECTOR GENERAL
For necessary expenses of the Office of Inspector
General in carrying out the Inspector General Act of 1978,
as amended, $93,898,000, of which $22,343,000 shall be
provided from the various funds of the Federal Housing
Administration and $10,000,000 shall be provided from
the amount earmarked for Operation Safe Home in the
appropriation for the ‘‘Public housing operating fund’’:
Provided, That the Inspector General shall have inde-
pendent authority over all personnel issues within the Of-
fice of Inspector General.
CONSOLIDATED FEE FUND
(RESCISSION)
Of the balances remaining available from fees and
charges under section 7(j) of the Department of Housing
and Urban Development Act, $6,700,000 is rescinded.
OFFICE OF FEDERAL HOUSING ENTERPRISE OVERSIGHT
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
For carrying out the Federal Housing Enterprise Fi-
nancial Safety and Soundness Act of 1992, including not
to exceed $500 for official reception and representation
expenses, $23,000,000, to remain available until ex-
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pended, to be derived from the Federal Housing Enter-
prise Oversight Fund: Provided, That not to exceed such
amount shall be available from the general fund of the
Treasury to the extent necessary to incur obligations and
make expenditures pending the receipt of collections to the
Fund: Provided further, That the general fund amount
shall be reduced as collections are received during the fis-
cal year so as to result in a final appropriation from the
general fund estimated at not more than $0.
ADMINISTRATIVE PROVISIONS
SEC. 201. Fifty percent of the amounts of budget au-
thority, or in lieu thereof 50 percent of the cash amounts
associated with such budget authority, that are recaptured
from projects described in section 1012(a) of the Stuart
B. McKinney Homeless Assistance Amendments Act of
1988 (42 U.S.C. 1437 note) shall be rescinded, or in the
case of cash, shall be remitted to the Treasury, and such
amounts of budget authority or cash recaptured and not
rescinded or remitted to the Treasury shall be used by
State housing finance agencies or local governments or
local housing agencies with projects approved by the Sec-
retary of Housing and Urban Development for which set-
tlement occurred after January 1, 1992, in accordance
with such section. Notwithstanding the previous sentence,
the Secretary may award up to 15 percent of the budget
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authority or cash recaptured and not rescinded or remitted
to the Treasury to provide project owners with incentives
to refinance their project at a lower interest rate.
SEC. 202. None of the amounts made available under
this Act may be used during fiscal year 2002 to investigate
or prosecute under the Fair Housing Act any otherwise
lawful activity engaged in by one or more persons, includ-
ing the filing or maintaining of a non-frivolous legal ac-
tion, that is engaged in solely for the purpose of achieving
or preventing action by a Government official or entity,
or a court of competent jurisdiction.
SEC. 203. (a) Notwithstanding section 854(c)(1)(A)
of the AIDS Housing Opportunity Act (42 U.S.C.
12903(c)(1)(A)), from any amounts made available under
this title for fiscal year 2002 that are allocated under such
section, the Secretary of Housing and Urban Development
shall allocate and make a grant, in the amount determined
under subsection (b), for any State that—
(1) received an allocation in a prior fiscal year
under clause (ii) of such section; and
(2) is not otherwise eligible for an allocation for
fiscal year 2002 under such clause (ii) because the
areas in the State outside of the metropolitan statis-
tical areas that qualify under clause (i) in fiscal year
2002 do not have the number of cases of acquired
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immunodeficiency syndrome (AIDS) required under
such clause.
(b) The amount of the allocation and grant for any
State described in subsection (a) shall be an amount based
on the cumulative number of AIDS cases in the areas of
that State that are outside of metropolitan statistical
areas that qualify under clause (i) of such section
854(c)(1)(A) in fiscal year 2002, in proportion to AIDS
cases among cities and States that qualify under clauses
(i) and (ii) of such section and States deemed eligible
under subsection (a).
SEC. 204. Section 225(a) of the Department of Vet-
erans Affairs and Housing and Urban Development, and
Independent Agencies Appropriations Act, 2000, Public
Law 106–74 (113 Stat. 1076), is amended by inserting
‘‘and fiscal year 2002’’ after ‘‘fiscal year 2001’’.
SEC. 205. Section 251 of the National Housing Act
(12 U.S.C. 1715z–16) is amended—
(1) in subsection (b), by striking ‘‘issue regula-
tions’’ and all that follows and inserting the fol-
lowing: ‘‘require that the mortgagee make available
to the mortgagor, at the time of loan application, a
written explanation of the features of an adjustable
rate mortgage consistent with the disclosure require-
ments applicable to variable rate mortgages secured
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(A) by inserting immediately after ‘‘sub-
section (v),’’ the following: ‘‘and each mortgage
that is insured under subsection (k) or section
234(c),’’; and
(B) by striking ‘‘and executed on or after
October 1, 1994,’’.
(b) The amendments made by subsection (a) shall—
(1) apply only to mortgages that are executed
on or after the date of enactment of this Act; and
(2) be implemented in advance of any necessary
conforming changes to regulations.
SEC. 207. (a) During fiscal year 2002, in the provi-
sion of rental assistance under section 8(o) of the United
States Housing Act of 1937 (42 U.S.C. 1437f(o)) in con-
nection with a program to demonstrate the economy and
effectiveness of providing such assistance for use in as-
sisted 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 in-
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come of the family by such a percentage or amount as
the Secretary of Housing and Urban Development deter-
mines to be appropriate.
(b) The counties specified in this subsection are Oak-
land
County,
Macomb
County,
Wayne
County,
and
Washtenaw County, in the State of Michigan.
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 coun-
tries; purchases and repair of uniforms for caretakers of
national cemeteries and monuments outside of the United
States and its territories and possessions; rent of office
and garage space in foreign countries; purchase (one for
replacement only) and hire of passenger motor vehicles;
and insurance of official motor vehicles in foreign coun-
tries,
when
required
by
law
of
such
countries,
$30,466,000, to remain available until expended.
For the partial cost of construction of a new interpre-
tive and visitor center at the American Cemetery in Nor-
mandy, France, $5,000,000, to remain available until ex-
pended: Provided, That the Commission shall ensure that
the placement, scope and character of this new center pro-
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tect the solemnity of the site and the sensitivity of inter-
ested parties including families of servicemen interred at
the cemetery, the host country and Allied forces who par-
ticipated in the invasion and ensuing battle: Provided fur-
ther, That not more than $1,000,000 shall be for non-con-
struction related costs including initial consultations with
interested parties and the conceptual study and design of
the new center.
CHEMICAL SAFETY AND HAZARD INVESTIGATION BOARD
SALARIES AND EXPENSES
For necessary expenses in carrying out activities pur-
suant to section 112(r)(6) of the Clean Air Act, as amend-
ed, including hire of passenger vehicles, uniforms or allow-
ances therefor, as authorized by 5 U.S.C. 5901–5902, and
for services authorized by 5 U.S.C. 3109, but at rates for
individuals not to exceed the per diem equivalent to the
maximum rate payable for senior level positions under 5
U.S.C. 5376, $8,000,000, $5,500,000 of which to remain
available until September 30, 2002 and $2,500,000 of
which to remain available until September 30, 2003: Pro-
vided, That the Chemical Safety and Hazard Investigation
Board shall have not more than three career Senior Exec-
utive Service positions: Provided further, That, hereafter,
there shall be an Inspector General at the Board who shall
have the duties, responsibilities, and authorities specified
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in the Inspector General Act of 1978, as amended: Pro-
vided further, That an individual appointed to the position
of Inspector General of the Federal Emergency Manage-
ment Agency (FEMA) shall, by virtue of such appoint-
ment, also hold the position of Inspector General of the
Board: Provided further, That the Inspector General of the
Board shall utilize personnel of the Office of Inspector
General of FEMA in performing the duties of the Inspec-
tor General of the Board, and shall not appoint any indi-
viduals to positions within the Board.
DEPARTMENT OF THE TREASURY
COMMUNITY DEVELOPMENT FINANCIAL INSTITUTIONS
COMMUNITY DEVELOPMENT FINANCIAL INSTITUTIONS
FUND PROGRAM ACCOUNT
To carry out the Community Development Banking
and Financial Institutions Act of 1994, including services
authorized by 5 U.S.C. 3109, but at rates for individuals
not to exceed the per diem rate equivalent to the rate for
ES–3, $80,000,000, to remain available until September
30, 2003, of which $500,000 shall be for technical assist-
ance and training programs designed to benefit Native
American communities, and up to $8,948,000 may be used
for administrative expenses, including administration of
the New Markets Tax Credit, up to $6,000,000 may be
used for the cost of direct loans, and up to $1,000,000
may be used for administrative expenses to carry out the
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direct loan program: Provided, That the cost of direct
loans, including the cost of modifying such loans, shall be
as defined in section 502 of the Congressional Budget Act
of 1974, as amended: Provided further, That these funds
are available to subsidize gross obligations for the prin-
cipal amount of direct loans not to exceed $15,000,000.
CONSUMER PRODUCT SAFETY COMMISSION
SALARIES AND EXPENSES
For necessary expenses of the Consumer Product
Safety Commission, including hire of passenger motor ve-
hicles, services as authorized by 5 U.S.C. 3109, but at
rates for individuals not to exceed the per diem rate equiv-
alent to the maximum rate payable under 5 U.S.C. 5376,
purchase of nominal awards to recognize non-Federal offi-
cials’ contributions to Commission activities, and not to
exceed $500 for official reception and representation ex-
penses, $54,200,000.
CORPORATION FOR NATIONAL AND COMMUNITY SERVICE
NATIONAL AND COMMUNITY SERVICE PROGRAMS
OPERATING EXPENSES
Of the funds appropriated under this heading in Pub-
lic Law 106–377, the Corporation for National and Com-
munity Service shall use such amounts of such funds as
may be necessary to carry out the programs, activities,
and initiatives under the National Community Service Act
of 1990 (Public Law 103–82) and the Corporation.
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OFFICE OF INSPECTOR GENERAL
For necessary expenses of the Office of Inspector
General in carrying out the Inspector General Act of 1978,
as amended, $5,000,000, which shall be available for obli-
gation through September 30, 2003.
U.S. COURT OF APPEALS FOR VETERANS CLAIMS
SALARIES AND EXPENSES
For necessary expenses for the operation of the
United States Court of Appeals for Veterans Claims as
authorized by 38 U.S.C. 7251–7298, $13,221,000, of
which $895,000 shall be available for the purpose of pro-
viding financial assistance as described, and in accordance
with the process and reporting procedures set forth, under
this heading in Public Law 102–229.
DEPARTMENT OF DEFENSE—CIVIL
CEMETERIAL EXPENSES, ARMY
SALARIES AND EXPENSES
For necessary expenses, as authorized by law, for
maintenance, operation, and improvement of Arlington
National Cemetery and Soldiers’ and Airmen’s Home Na-
tional Cemetery, including the purchase of two passenger
motor vehicles for replacement only, and not to exceed
$1,000 for official reception and representation expenses,
$22,537,000, to remain available until expended.
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
NATIONAL INSTITUTES OF HEALTH
NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH
SCIENCES
For necessary expenses for the National Institute of
Environmental Health Sciences in carrying out activities
set forth in section 311(a) of the Comprehensive Environ-
mental Response, Compensation, and Liability Act of
1980, as amended, $70,228,000.
AGENCY FOR TOXIC SUBSTANCES AND DISEASE
REGISTRY
SALARIES AND EXPENSES
For necessary expenses for the Agency for Toxic Sub-
stances and Disease Registry (ATSDR) in carrying out
activities set forth in sections 104(i), 111(c)(4), and
111(c)(14) of the Comprehensive Environmental Re-
sponse,
Compensation,
and
Liability
Act
of
1980
(CERCLA), as amended; section 118(f) of the Superfund
Amendments and Reauthorization Act of 1986 (SARA),
as amended; and section 3019 of the Solid Waste Disposal
Act, as amended, $78,235,000, to be derived from the
Hazardous Substance Superfund Trust Fund pursuant to
section 517(a) of SARA (26 U.S.C. 9507): Provided, That
notwithstanding any other provision of law, in lieu of per-
forming a health assessment under section 104(i)(6) of
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CERCLA, the Administrator of ATSDR may conduct
other appropriate health studies, evaluations, or activities,
including, without limitation, biomedical testing, clinical
evaluations, medical monitoring, and referral to accredited
health care providers: Provided further, That in per-
forming any such health assessment or health study, eval-
uation, or activity, the Administrator of ATSDR shall not
be bound by the deadlines in section 104(i)(6)(A) of
CERCLA: Provided further, That none of the funds appro-
priated under this heading shall be available for ATSDR
to issue in excess of 40 toxicological profiles pursuant to
section 104(i) of CERCLA during fiscal year 2002, and
existing profiles may be updated as necessary.
ENVIRONMENTAL PROTECTION AGENCY
SCIENCE AND TECHNOLOGY
For science and technology, including research and
development activities, which shall include research and
development activities under the Comprehensive Environ-
mental Response, Compensation, and Liability Act of
1980, as amended; necessary expenses for personnel and
related costs and travel expenses, including uniforms, or
allowances therefor, as authorized by 5 U.S.C. 5901–
5902; services as authorized by 5 U.S.C. 3109, but at
rates for individuals not to exceed the per diem rate equiv-
alent to the maximum rate payable for senior level posi-
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tions under 5 U.S.C. 5376; procurement of laboratory
equipment and supplies; other operating expenses in sup-
port of research and development; construction, alteration,
repair, rehabilitation, and renovation of facilities, not to
exceed $75,000 per project, $680,410,000, which shall re-
main available until September 30, 2003.
ENVIRONMENTAL PROGRAMS AND MANAGEMENT
For environmental programs and management, in-
cluding necessary expenses, not otherwise provided for, for
personnel and related costs and travel expenses, including
uniforms, or allowances therefor, as authorized by 5
U.S.C. 5901–5902; services as authorized by 5 U.S.C.
3109, but at rates for individuals not to exceed the per
diem rate equivalent to the maximum rate payable for sen-
ior level positions under 5 U.S.C. 5376; hire of passenger
motor vehicles; hire, maintenance, and operation of air-
craft; purchase of reprints; library memberships in soci-
eties or associations which issue publications to members
only or at a price to members lower than to subscribers
who are not members; construction, alteration, repair, re-
habilitation, and renovation of facilities, not to exceed
$75,000 per project; and not to exceed $6,000 for official
reception and representation expenses, $2,014,799,000
(reduced by $7,200,000) (reduced by $3,000,000), which
shall remain available until September 30, 2003.
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OFFICE OF INSPECTOR GENERAL
For necessary expenses of the Office of Inspector
General in carrying out the provisions of the Inspector
General Act of 1978, as amended, and for construction,
alteration, repair, rehabilitation, and renovation of facili-
ties, not to exceed $75,000 per project, $34,019,000, to
remain available until September 30, 2003.
BUILDINGS AND FACILITIES
For construction, repair, improvement, extension, al-
teration, and purchase of fixed equipment or facilities of,
or for use by, the Environmental Protection Agency,
$25,318,000, to remain available until expended.
HAZARDOUS SUBSTANCE SUPERFUND
(INCLUDING TRANSFERS OF FUNDS)
For necessary expenses to carry out the Comprehen-
sive Environmental Response, Compensation, and Liabil-
ity Act of 1980 (CERCLA), as amended, including sec-
tions 111(c)(3), (c)(5), (c)(6), and (e)(4) (42 U.S.C.
9611), and for construction, alteration, repair, rehabilita-
tion, and renovation of facilities, not to exceed $75,000
per project; $1,270,000,000 (of which $100,000,000 shall
not become available until September 1, 2002) to remain
available until expended, consisting of $635,000,000, as
authorized by section 517(a) of the Superfund Amend-
ments and Reauthorization Act of 1986 (SARA), as
amended by Public Law 101–508, and $635,000,000 as
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a payment from general revenues to the Hazardous Sub-
stance Superfund for purposes as authorized by section
517(b) of SARA, as amended: Provided, That funds ap-
propriated under this heading may be allocated to other
Federal agencies in accordance with section 111(a) of
CERCLA: Provided further, That of the funds appro-
priated under this heading, $11,867,000 shall be trans-
ferred to the ‘‘Office of Inspector General’’ appropriation
to remain available until September 30, 2003, and
$36,891,000 shall be transferred to the ‘‘Science and tech-
nology’’ appropriation to remain available until September
30, 2003.
LEAKING UNDERGROUND STORAGE TANK TRUST FUND
For necessary expenses to carry out leaking under-
ground storage tank cleanup activities authorized by sec-
tion 205 of the Superfund Amendments and Reauthoriza-
tion Act of 1986, and for construction, alteration, repair,
rehabilitation, and renovation of facilities, not to exceed
$75,000
per
project,
$72,000,000
(increased
by
$7,200,000), to remain available until expended.
OIL SPILL RESPONSE
For expenses necessary to carry out the Environ-
mental Protection Agency’s responsibilities under the Oil
Pollution Act of 1990, $15,000,000, to be derived from
the Oil Spill Liability trust fund, to remain available until
expended.
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STATE AND TRIBAL ASSISTANCE GRANTS
For environmental programs and infrastructure as-
sistance, including capitalization grants for State revolv-
ing
funds
and
performance
partnership
grants,
$3,433,899,000 (increased by $3,000,000), to remain
available until expended, of which $1,200,000,000 shall be
for making capitalization grants for the Clean Water State
Revolving Funds under title VI of the Federal Water Pol-
lution Control Act, as amended (the ‘‘Act’’); $850,000,000
shall be for capitalization grants for the Drinking Water
State Revolving Funds under section 1452 of the Safe
Drinking Water Act, as amended; $75,000,000 shall be
for architectural, engineering, planning, design, construc-
tion and related activities in connection with the construc-
tion of high priority water and wastewater facilities in the
area of the United States-Mexico Border, after consulta-
tion with the appropriate border commission; $30,000,000
shall be for grants to the State of Alaska to address drink-
ing water and wastewater infrastructure needs of rural
and Alaska Native Villages; $200,000,000 shall be for
making grants for the construction of wastewater and
water treatment facilities and groundwater protection in-
frastructure in accordance with the terms and conditions
specified for such grants in the report accompanying this
Act; and $1,078,899,000 (increased by $3,000,000) shall
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be for grants, including associated program support costs,
to States, federally recognized tribes, interstate agencies,
tribal consortia, and air pollution control agencies for
multi-media or single media pollution prevention, control
and abatement and related activities, including activities
pursuant to the provisions set forth under this heading
in Public Law 104–134, and for making grants under sec-
tion 103 of the Clean Air Act for particulate matter moni-
toring and data collection activities of which and subject
to terms and conditions specified by the Administrator,
$25,000,000 shall be for making grants for enforcement
and related activities (in addition to other grants funded
under this heading), and $25,000,000 shall be for Envi-
ronmental Information Exchange Network grants, includ-
ing associated program support costs: Provided, That for
fiscal year 2002 and hereafter, State authority under sec-
tion 302(a) of Public Law 104–182 shall remain in effect:
Provided further, That notwithstanding section 603(d)(7)
of the Act, the limitation on the amounts in a State water
pollution control revolving fund that may be used by a
State to administer the fund shall not apply to amounts
included as principal in loans made by such fund in fiscal
year 2002 and prior years where such amounts represent
costs of administering the fund to the extent that such
amounts are or were deemed reasonable by the Adminis-
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trator, accounted for separately from other assets in the
fund, and used for eligible purposes of the fund, including
administration: Provided further, That for fiscal year
2002, and notwithstanding section 518(f) of the Act, the
Administrator is authorized to use the amounts appro-
priated for any fiscal year under section 319 of that Act
to make grants to Indian tribes pursuant to section 319(h)
and 518(e) of that Act: Provided further, That for fiscal
year 2002, notwithstanding the limitation on amounts in
section 518(c) of the Act, up to a total of 11⁄2 percent
of the funds appropriated for State Revolving Funds
under title VI of the Act may be reserved by the Adminis-
trator for grants under section 518(c) of such Act: Pro-
vided further, That no funds provided by this legislation
to address the water, wastewater and other critical infra-
structure needs of the colonias in the United States along
the United States-Mexico border shall be made available
to a county or municipal government unless that govern-
ment has established an enforceable local ordinance, or
other zoning rule, which prevents in that jurisdiction the
development or construction of any additional colonia
areas, or the development within an existing colonia the
construction of any new home, business, or other structure
which lacks water, wastewater, or other necessary infra-
structure.
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ADMINISTRATIVE PROVISIONS
For fiscal year 2002, notwithstanding 31 U.S.C.
6303(1) and 6305(1), the Administrator of the Environ-
mental Protection Agency, in carrying out the Agency’s
function to implement directly Federal environmental pro-
grams required or authorized by law in the absence of an
acceptable tribal program, may award cooperative agree-
ments to federally-recognized Indian Tribes or Intertribal
consortia, if authorized by their member Tribes, to assist
the Administrator in implementing Federal environmental
programs for Indian Tribes required or authorized by law,
except that no such cooperative agreements may be award-
ed from funds designated for State financial assistance
agreements.
Section 136a–1 of title 7, U.S.C. is amended—
(1)
in
subsection
(i)(5)(C)(i)
by
striking
‘‘$14,000,000’’ and inserting ‘‘$20,000,000’’; and,
by striking ‘‘each’’ and inserting ‘‘2002’’ after ‘‘fis-
cal year’’;
(2) in subsection (i)(5)(H) by striking ‘‘2001’’
and inserting ‘‘2002’’;
(3) in subsection (i)(6) by striking ‘‘2001’’ and
inserting ‘‘2002’’; and
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(4) in subsection (k)(3)(A) by striking ‘‘2001’’
and inserting ‘‘2002’’; and, by striking ‘‘1⁄7’’ and in-
serting ‘‘1⁄10’’.
EXECUTIVE OFFICE OF THE PRESIDENT
OFFICE OF SCIENCE AND TECHNOLOGY POLICY
For necessary expenses of the Office of Science and
Technology Policy, in carrying out the purposes of the Na-
tional Science and Technology Policy, Organization, and
Priorities Act of 1976 (42 U.S.C. 6601 and 6671), hire
of passenger motor vehicles, and services as authorized by
5 U.S.C. 3109, not to exceed $2,500 for official reception
and representation expenses, and rental of conference
rooms in the District of Columbia, $5,267,000.
COUNCIL ON ENVIRONMENTAL QUALITY AND OFFICE OF
ENVIRONMENTAL QUALITY
For necessary expenses to continue functions as-
signed to the Council on Environmental Quality and Office
of Environmental Quality pursuant to the National Envi-
ronmental Policy Act of 1969, the Environmental Quality
Improvement Act of 1970, and Reorganization Plan No.
1 of 1977, $2,974,000: Provided, That notwithstanding
section 202 of the National Environmental Policy Act of
1970, the Council shall consist of one member, appointed
by the President, by and with the advice and consent of
the Senate, serving as chairman and exercising all powers,
functions, and duties of the Council.
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FEDERAL DEPOSIT INSURANCE CORPORATION
OFFICE OF INSPECTOR GENERAL
For necessary expenses of the Office of Inspector
General in carrying out the provisions of the Inspector
General Act of 1978, as amended, $33,660,000, to be de-
rived from the Bank Insurance Fund, the Savings Asso-
ciation Insurance Fund, and the FSLIC Resolution Fund.
FEDERAL EMERGENCY MANAGEMENT AGENCY
DISASTER RELIEF
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses in carrying out the Robert
T. Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5121 et seq.), $1,369,399,000, and, notwith-
standing 42 U.S.C. 5203, to remain available until ex-
pended, of which not to exceed $2,900,000 may be trans-
ferred to ‘‘Emergency management planning and assist-
ance’’ for the consolidated emergency management per-
formance grant program; up to $15,000,000 may be obli-
gated for flood map modernization activities following dis-
aster declarations; and $21,577,000 may be used by the
Office of Inspector General for audits and investigations.
In addition, for the purposes under this heading,
$1,300,000,000: Provided, That such amount is des-
ignated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A) of the Balanced Budget
and Emergency Deficit Control Act of 1985: Provided fur-
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ther, That such amount shall be available only to the ex-
tent that an official budget request, that includes designa-
tion of the entire amount of the request as an emergency
requirement as defined in the Balanced Budget and Emer-
gency Deficit Control Act of 1985, is transmitted by the
President to the Congress.
DISASTER ASSISTANCE DIRECT LOAN PROGRAM ACCOUNT
For the cost of direct loans, $405,000, as authorized
by section 319 of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act: Provided, That such costs,
including the cost of modifying such loans, shall be as de-
fined in section 502 of the Congressional Budget Act of
1974, as amended: Provided further, That these funds are
available to subsidize gross obligations for the principal
amount of direct loans not to exceed $25,000,000. In addi-
tion, for administrative expenses to carry out the direct
loan program, $543,000.
SALARIES AND EXPENSES
For necessary expenses, not otherwise provided for,
including hire and purchase of motor vehicles as author-
ized by 31 U.S.C. 1343; uniforms, or allowances therefor,
as authorized by 5 U.S.C. 5901–5902; services as author-
ized by 5 U.S.C. 3109, but at rates for individuals not
to exceed the per diem rate equivalent to the maximum
rate payable for senior level positions under 5 U.S.C.
5376; expenses of attendance of cooperating officials and
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individuals at meetings concerned with the work of emer-
gency preparedness; transportation in connection with the
continuity of Government programs to the same extent
and in the same manner as permitted the Secretary of
a Military Department under 10 U.S.C. 2632; and not to
exceed $2,500 for official reception and representation ex-
penses, $227,900,000.
OFFICE OF INSPECTOR GENERAL
For necessary expenses of the Office of Inspector
General in carrying out the Inspector General Act of 1978,
as
amended,
$10,303,000:
Provided,
That
notwith-
standing any other provision of law, the Inspector General
of the Federal Emergency Management Agency shall also
serve as the Inspector General of the Chemical Safety and
Hazard Investigation Board.
EMERGENCY MANAGEMENT PLANNING AND ASSISTANCE
For necessary expenses, not otherwise provided for,
to carry out activities under the National Flood Insurance
Act of 1968, as amended, and the Flood Disaster Protec-
tion Act of 1973, as amended (42 U.S.C. 4001 et seq.),
the Robert T. Stafford Disaster Relief and Emergency As-
sistance Act (42 U.S.C. 5121 et seq.), the Earthquake
Hazards Reduction Act of 1977, as amended (42 U.S.C.
7701 et seq.), the Federal Fire Prevention and Control
Act of 1974, as amended (15 U.S.C. 2201 et seq.), the
Defense Production Act of 1950, as amended (50 U.S.C.
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App. 2061 et seq.), sections 107 and 303 of the National
Security Act of 1947, as amended (50 U.S.C. 404–405),
and Reorganization Plan No. 3 of 1978, $404,623,000.
RADIOLOGICAL EMERGENCY PREPAREDNESS FUND
The aggregate charges assessed during fiscal year
2002, as authorized by Public Law 106–377, shall not be
less than 100 percent of the amounts anticipated by
FEMA necessary for its radiological emergency prepared-
ness program for the next fiscal year. The methodology
for assessment and collection of fees shall be fair and equi-
table; and shall reflect costs of providing such services,
including administrative costs of collecting such fees. Fees
received pursuant to this section shall be deposited in the
Fund as offsetting collections and will become available
for authorized purposes on October 1, 2002, and remain
available until expended.
EMERGENCY FOOD AND SHELTER PROGRAM
To carry out an emergency food and shelter program
pursuant to title III of Public Law 100–77, as amended,
$140,000,000, to remain available until expended: Pro-
vided, That total administrative costs shall not exceed 31⁄2
percent of the total appropriation.
NATIONAL FLOOD INSURANCE FUND
(INCLUDING TRANSFER OF FUNDS)
For activities under the National Flood Insurance
Act of 1968 (‘‘the Act’’), the Flood Disaster Protection
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Act of 1973, as amended, not to exceed $28,798,000 for
salaries and expenses associated with flood mitigation and
flood insurance operations, and not to exceed $76,381,000
for flood mitigation, including up to $20,000,000 for ex-
penses under section 1366 of the Act, which amount shall
be available for transfer to the National Flood Mitigation
Fund until September 30, 2003. In fiscal year 2002, no
funds in excess of: (1) $55,000,000 for operating ex-
penses; (2) $536,750,000 for agents’ commissions and
taxes; and (3) $30,000,000 for interest on Treasury bor-
rowings shall be available from the National Flood Insur-
ance Fund without prior notice to the Committees on Ap-
propriations.
In addition, up to $7,000,000 in fees collected but
unexpended during fiscal years 2000 through 2001 shall
be transferred to the Flood Map Modernization Fund and
available for expenditure in fiscal year 2002.
Section
1309(a)(2)
of
the
Act
(42
U.S.C.
4016(a)(2)), as amended, is further amended by striking
‘‘2001’’ and inserting ‘‘2002’’.
Section 1319 of the Act, as amended (42 U.S.C.
4026), is amended by striking ‘‘after’’ and all that follows
and inserting ‘‘after September 30, 2001.’’.
Section 1336(a) of the Act, as amended (42 U.S.C.
4056(a)), is amended by striking ‘‘ending’’ and all that
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follows through the second comma thereafter and inserting
‘‘ending September 30, 2001,’’.
Section 1376(c) of the Act, as amended (42 U.S.C.
4127(c)), is amended by striking ‘‘December 31, 2001’’
and inserting ‘‘December 31, 2002’’.
NATIONAL FLOOD MITIGATION FUND
Notwithstanding
sections
1366(b)(3)(B)–(C)
and
1366(f) of the National Flood Insurance Act of 1968, as
amended, $20,000,000, to remain available until Sep-
tember 30, 2003, for activities designed to reduce the risk
of flood damage to structures pursuant to such Act, of
which $20,000,000 shall be derived from the National
Flood
Insurance
Fund.
Of
the
amount
provided,
$2,500,000 is to be used for the purchase of flood-prone
properties in the city of Austin, Minnesota, and any cost-
share is waived.
GENERAL SERVICES ADMINISTRATION
FEDERAL CONSUMER INFORMATION CENTER FUND
For necessary expenses of the Federal Consumer In-
formation Center, including services authorized by 5
U.S.C. 3109, $7,276,000, to be deposited into the Federal
Consumer Information Center Fund: Provided, That the
appropriations, revenues, and collections deposited into
the Fund shall be available for necessary expenses of Fed-
eral Consumer Information Center activities in the aggre-
gate amount of $12,000,000. Appropriations, revenues,
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and collections accruing to this Fund during fiscal year
2002 in excess of $12,000,000 shall remain in the Fund
and shall not be available for expenditure except as au-
thorized in appropriations Acts: Provided further, That the
Federal Consumer Information Center (FCIC) may not
undertake any action that affects its organization, admin-
istrative location, or in any way alters its current function
or mission mandate without first submitting a proposal
to the Committees on Appropriations for approval: Pro-
vided further, That such proposal shall include the jus-
tification for such action, a description of all planned orga-
nizational realignments, the anticipated staffing or per-
sonnel changes, an assessment of the effect on the current
operations of FCIC, and estimates of the proposed
changes on future funding needs.
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
HUMAN SPACE FLIGHT
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses, not otherwise provided for,
in the conduct and support of human space flight research
and development activities, including research, develop-
ment, operations, support and services; maintenance; con-
struction of facilities including repair, rehabilitation, revi-
talization and modification of facilities, construction of
new facilities and additions to existing facilities, facility
planning and design, environmental compliance and res-
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toration, and acquisition or condemnation of real property,
as authorized by law; space flight, spacecraft control and
communications activities including operations, produc-
tion, and services; program management; personnel and
related costs, including uniforms or allowances therefor,
as authorized by 5 U.S.C. 5901–5902; travel expenses;
purchase and hire of passenger motor vehicles; not to ex-
ceed $20,000 for official reception and representation ex-
penses; and purchase, lease, charter, maintenance and op-
eration
of
mission
and
administrative
aircraft,
$7,047,400,000, to remain available until September 30,
2003, of which amounts as determined by the Adminis-
trator for salaries and benefits; training, travel and
awards; facility and related costs; information technology
services; science, engineering, fabricating and testing serv-
ices; and other administrative services may be transferred
to the Science, Aeronautics and Technology account in ac-
cordance with section 312(b) of the National Aeronautics
and Space Act of 1958, as amended by Public Law 106–
377.
For an additional amount for ‘‘Human space flight’’,
for the development of a crew return vehicle with capacity
for no less than six persons, for use with the international
space station, $275,000,000, to remain available until
September 30, 2005: Provided, That none of the funds
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provided under this paragraph may be obligated prior to
August 1, 2002: Provided further, That the funds made
available under this paragraph shall be rescinded on July
15,
2002,
unless
the
President
requests
at
least
$200,000,000 in the fiscal year 2003 budget request for
the National Aeronautics and Space Administration for
continuation of the crew return vehicle program.
SCIENCE, AERONAUTICS AND TECHNOLOGY
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses, not otherwise provided for,
in the conduct and support of science, aeronautics and
technology research and development activities, including
research, development, operations, support and services;
maintenance; construction of facilities including repair, re-
habilitation, revitalization, and modification of facilities,
construction of new facilities and additions to existing fa-
cilities, facility planning and design, environmental com-
pliance and restoration, and acquisition or condemnation
of real property, as authorized by law; space flight, space-
craft control and communications activities including oper-
ations, production, and services; program management;
personnel and related costs, including uniforms or allow-
ances therefor, as authorized by 5 U.S.C. 5901–5902;
travel expenses; purchase and hire of passenger motor ve-
hicles; not to exceed $20,000 for official reception and rep-
resentation expenses; and purchase, lease, charter, mainte-
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nance and operation of mission and administrative air-
craft, $7,605,300,000, to remain available until Sep-
tember 30, 2003, of which amounts as determined by the
Administrator for salaries and benefits; training, travel
and awards; facility and related costs; information tech-
nology services; science, engineering, fabricating and test-
ing services; and other administrative services may be
transferred to the Human Space Flight account in accord-
ance with section 312(b) of the National Aeronautics and
Space Act of 1958, as amended by Public Law 106–377.
OFFICE OF INSPECTOR GENERAL
For necessary expenses of the Office of Inspector
General in carrying out the Inspector General Act of 1978,
as amended, $23,700,000.
ADMINISTRATIVE PROVISIONS
Notwithstanding the limitation on the availability of
funds
appropriated
for
‘‘Human
space
flight’’,
or
‘‘Science, aeronautics and technology’’ by this appropria-
tions Act, when any activity has been initiated by the in-
currence of obligations for construction of facilities as au-
thorized by law, such amount available for such activity
shall remain available until expended. This provision does
not apply to the amounts appropriated for institutional
minor revitalization and construction of facilities, and in-
stitutional facility planning and design.
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Notwithstanding the limitation on the availability of
funds
appropriated
for
‘‘Human
space
flight’’,
or
‘‘Science, aeronautics and technology’’ by this appropria-
tions Act, the amounts appropriated for construction of
facilities shall remain available until September 30, 2004.
Notwithstanding the limitation on the availability of
funds appropriated for ‘‘Office of Inspector General’’,
amounts made available by this Act for personnel and re-
lated costs and travel expenses of the National Aero-
nautics and Space Administration shall remain available
until September 30, 2002 and may be used to enter into
contracts for training, investigations, costs associated with
personnel relocation, and for other services, to be provided
during the next fiscal year. Funds for announced prizes
otherwise authorized shall remain available, without fiscal
year limitation, until the prize is claimed or the offer is
withdrawn.
No funds in this or any other Appropriations Act may
be used to finalize an agreement prior to December 1,
2002 between NASA and a nongovernment organization
to conduct research utilization and commercialization
management activities of the International Space Station.
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SEC. 404. No part of any appropriation contained in
this Act shall remain available for obligation beyond the
current fiscal year unless expressly so provided herein.
SEC. 405. No funds appropriated by this Act may be
expended—
(1) pursuant to a certification of an officer or
employee of the United States unless—
(A) such certification is accompanied by,
or is part of, a voucher or abstract which de-
scribes the payee or payees and the items or
services for which such expenditure is being
made; or
(B) the expenditure of funds pursuant to
such certification, and without such a voucher
or abstract, is specifically authorized by law;
and
(2) unless such expenditure is subject to audit
by the General Accounting Office or is specifically
exempt by law from such audit.
SEC. 406. None of the funds provided in this Act to
any department or agency may be expended for the trans-
portation of any officer or employee of such department
or agency between the domicile and the place of employ-
ment of the officer or employee, with the exception of an
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officer or employee authorized such transportation under
31 U.S.C. 1344 or 5 U.S.C. 7905.
SEC. 407. None of the funds provided in this Act may
be used for payment, through grants or contracts, to re-
cipients that do not share in the cost of conducting re-
search resulting from proposals not specifically solicited
by the Government: Provided, That the extent of cost
sharing by the recipient shall reflect the mutuality of in-
terest of the grantee or contractor and the Government
in the research.
SEC. 408. None of the funds provided in this Act may
be used, directly or through grants, to pay or to provide
reimbursement for payment of the salary of a consultant
(whether retained by the Federal Government or a grant-
ee) at more than the daily equivalent of the rate paid for
level IV of the Executive Schedule, unless specifically au-
thorized by law.
SEC. 409. None of the funds provided in this Act may
be used to pay the expenses of, or otherwise compensate,
non-Federal parties intervening in regulatory or adjudica-
tory proceedings. Nothing herein affects the authority of
the Consumer Product Safety Commission pursuant to
section 7 of the Consumer Product Safety Act (15 U.S.C.
2056 et seq.).
112
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ADMINISTRATIVE PROVISIONS
(INCLUDING TRANSFER OF FUNDS)
SEC. 101. Any appropriation for fiscal year 2002 for
‘‘Compensation and pensions’’, ‘‘Readjustment benefits’’,
and ‘‘Veterans insurance and indemnities’’ may be trans-
ferred to any other of the mentioned appropriations.
SEC. 102. Appropriations available to the Department
of Veterans Affairs for fiscal year 2002 for salaries and ex-
penses shall be available for services authorized by 5 U.S.C.
3109.
SEC. 103. No appropriations in this Act for the De-
partment of Veterans Affairs (except the appropriations for
‘‘Construction, major projects’’, ‘‘Construction, minor
projects’’, and the ‘‘Parking revolving fund’’) shall be avail-
able for the purchase of any site for or toward the construc-
tion of any new hospital or home.
SEC. 104. No appropriations in this Act for the De-
partment of Veterans Affairs shall be available for hos-
pitalization or examination of any persons (except bene-
ficiaries entitled under the laws bestowing such benefits to
veterans, and persons receiving such treatment under 5
U.S.C. 7901–7904 or 42 U.S.C. 5141–5204), unless reim-
bursement of cost is made to the ‘‘Medical care’’ account
at such rates as may be fixed by the Secretary of Veterans
Affairs.