H. J. Res. 2—488
FAIR HOUSING AND EQUAL OPPORTUNITY
FAIR HOUSING ACTIVITIES
For contracts, grants, and other assistance, not otherwise pro-
vided 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 Sep-
tember 30, 2004, of which $20,250,000 shall be to carry out activities
pursuant to such section 561: Provided, That no funds made avail-
able under this heading shall be used to lobby the executive or
legislative branches of the Federal Government in connection with
a specific contract, grant or loan.
OFFICE OF LEAD HAZARD CONTROL
LEAD HAZARD REDUCTION
For the Lead Hazard Reduction Program, as authorized by
section 1011 of the Residential Lead-Based Paint Hazard Reduction
Act of 1992, $176,000,000, to remain available until September
30, 2004, of which $10,000,000 shall be for the Healthy Homes
Initiative, pursuant to sections 501 and 502 of the Housing and
Urban Development Act of 1970 that shall include research, studies,
testing, and demonstration efforts, including education and outreach
concerning lead-based paint poisoning and other housing-related
diseases and hazards: Provided, That of the total amount made
available under this heading, $50,000,000 shall be made available
on a competitive basis for areas with the highest lead paint abate-
ment needs, as identified by the Secretary as having: (1) the highest
number of pre-1940 units of rental housing; and (2) a disproportion-
ately high number of documented cases of lead-poisoned children:
Provided further, That each grantee receiving funds under the
previous proviso shall target those privately owned units and multi-
family buildings that are occupied by low-income families as defined
under section 3(b)(2) of the United States Housing Act of 1937:
Provided further, That not less than 90 percent of the funds made
available under this paragraph shall be used exclusively for abate-
ment, inspections, risk assessments, temporary relocations and
interim control of lead-based hazards as defined by 42 U.S.C. 4851:
Provided further, That each recipient of funds provided under the
first proviso shall make a matching contribution in an amount
not less than 25 percent: Provided further, That each applicant
shall submit a detailed plan and strategy that demonstrates ade-
quate capacity that is acceptable to the Secretary of the Department
of Housing and Urban Development to carry out the proposed
use of funds pursuant to a Notice of Funding Availability.
MANAGEMENT AND ADMINISTRATION
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
For necessary administrative and non-administrative expenses
of the Department of Housing and Urban Development, not other-
wise provided for, including purchase of uniforms, or allowances
therefor, as authorized by 5 U.S.C. 5901–5902; hire of passenger
H. J. Res. 2—489
motor vehicles; services as authorized by 5 U.S.C. 3109; and not
to exceed $25,000 for official reception and representation expenses,
$1,090,229,000, of which $20,000,000 shall remain available until
September 30, 2004, for funds control improvements; and of which
$548,202,000 shall be provided from the various funds of the Federal
Housing Administration, $10,343,000 shall be provided from funds
of the Government National Mortgage Association, $1,000,000 shall
be provided from the ‘‘Community development loan guarantees
program’’ account, $150,000 shall be provided by transfer from
the ‘‘Native American housing block grants’’ account, $200,000 shall
be provided by transfer from the ‘‘Indian housing loan guarantee
fund program’’ account and $35,000 shall be transferred from the
‘‘Native Hawaiian housing loan guarantee fund’’ account: Provided,
That funds made available under this heading shall only be allo-
cated in the manner specified in the report accompanying this
Act unless the Committees on Appropriations of both the House
of Representatives and the Senate are notified of any changes
in an operating plan or reprogramming: Provided further, That
no less than $10,500,000 shall be transferred to the Working Capital
Fund for the development of and modifications to information tech-
nology systems: Provided further, That of the total amount made
available under this heading, not less than $21,000,000 is to be
made available to the Chief Financial Officer exclusively for activi-
ties to implement appropriate funds control systems, including
improvements in automated financial management systems, addi-
tional training of departmental employees in proper fund control
procedures, and establishment of a division of appropriations law
within the Office of the Chief Financial Officer: Provided further,
That the Chief Financial Officer shall submit a revised depart-
mental funds control handbook to the Committees on Appropriations
of the House and Senate no later than 30 days after enactment
of this Act: Provided further, That no official or employee of the
Department shall be designated as an allotment holder unless the
Office of the Chief Financial Officer (OCFO) has determined that
such allotment holder has implemented an adequate system of
funds control and has received training in funds control procedures
and directives: Provided further, That the Secretary shall, within
30 days of enactment of this Act, permanently transfer no fewer
than four appropriations law attorneys from the Legislative Division
of the Office of Legislation and Regulations, Office of General
Counsel to the OCFO: Provided further, That personnel transferred
pursuant to the previous proviso shall report directly to the Chief
Financial Officer: Provided further, That, notwithstanding any other
provision of law, hereafter, the Chief Financial Officer of the Depart-
ment of Housing and Urban Development shall, in consultation
with the Budget Officer, have sole authority to investigate potential
or actual violations under the Anti-Deficiency Act (31 U.S.C. 1341
et seq.) and all other statutes and regulations related to the obliga-
tion and expenditure of funds made available in this, or any other
Act; shall determine whether violations exist; and shall submit
final reports on violations to the Secretary, the President, the
Office of Management and Budget and the Congress in accordance
with applicable statutes and Office of Management and Budget
circulars: Provided further, That the Chief Financial Officer shall
establish positive control of and maintain adequate systems of
accounting for appropriations and other available funds as required
H. J. Res. 2—490
by 31 U.S.C. 1514: Provided further, That for the purpose of deter-
mining whether a violation exists under the Anti-Deficiency Act
(31 U.S.C. 1341 et seq.), the point of obligation shall be the executed
agreement or contract: Provided further, That the Chief Financial
Officer shall: (a) appoint qualified personnel to conduct investiga-
tions of potential or actual violations; (b) establish minimum
training requirements and other qualifications for personnel that
may be appointed to conduct investigations; (c) establish guidelines
and timeframes for the conduct and completion of investigations;
(d) prescribe the content, format and other requirements for the
submission of final reports on violations; and (e) prescribe such
additional policies and procedures as may be required for conducting
investigations of, and administering, processing, and reporting on,
potential and actual violations of the Anti-Deficiency Act and all
other statutes and regulations governing the obligation and expendi-
ture of funds made available in this or any other Act: Provided
further, That the Secretary shall fill 7 out of 10 vacancies at
the GS–14 and GS–15 levels until the total number of GS–14
and GS–15 positions in the Department has been reduced from
the number of GS–14 and GS–15 positions on the date of enactment
of Public Law 106–377 by 21⁄2 percent: Provided further, That
the Secretary shall submit a staffing plan for the Department
by March 15, 2003.
WORKING CAPITAL FUND
For additional capital for the Working Capitol Fund (42 U.S.C.
3535) for the development of, modifications to, and infrastructure
for Department-wide information technology systems, and for the
continuing operation of both Department-wide and program-specific
information systems, $276,300,000, to remain available until Sep-
tember 30, 2004: Provided, That any amounts transferred to this
Fund under this Act shall remain available until expended: Provided
further, That none of the funds made available to the Department
in this Act, or any other Act, may be used to award a new contract
for the HUD Information Technology Services (HITS) project until
90 days after the Department has submitted to the Committees
on Appropriations of the House of Representatives and the Senate
a comprehensive 5-year information technology plan in accordance
with the direction included in the report accompanying this Act.
OFFICE OF INSPECTOR GENERAL
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses of the Office of Inspector General in
carrying out the Inspector General Act of 1978, as amended,
$97,499,000, of which $23,343,000 shall be provided from the var-
ious funds of the Federal Housing Administration: Provided, That
the Inspector General shall have independent authority over all
personnel issues within this office: Provided further, That no less
than $300,000 shall be transferred to the Working Capital Fund
for the development of and modifications to information technology
systems for the Office of Inspector General.
H. J. Res. 2—491
CONSOLIDATED FEE FUND
(RESCISSION)
Of the balances remaining available from fees and charges
under section 7(j) of the Department of Housing and Urban Develop-
ment Act on October 1, 2002, $8,000,000 are rescinded.
OFFICE OF FEDERAL HOUSING ENTERPRISE OVERSIGHT
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
For carrying out the Federal Housing Enterprises Financial
Safety and Soundness Act of 1992, including not to exceed $500
for official reception and representation expenses, $30,000,000, to
remain available until expended, to be derived from the Federal
Housing Enterprises 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 collec-
tions are received during the fiscal 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 authority,
or in lieu thereof 50 percent of the cash amounts associated with
such budget authority, that are recaptured from projects described
in section 1012(a) of the Stewart B. McKinney Homeless Assistance
Amendments Act of 1988 (42 U.S.C. 1437 note) shall be rescinded,
or in the case of cash, shall be remitted to the Treasury, and
such amounts of budget authority or cash recaptured and not
rescinded or remitted to the Treasury shall be used by State housing
finance agencies or local governments or local housing agencies
with projects approved by the Secretary of Housing and Urban
Development for which settlement occurred after January 1, 1992,
in accordance with such section. Notwithstanding the previous sen-
tence, the Secretary may award up to 15 percent of the budget
authority or cash recaptured and not rescinded or remitted to
the Treasury to provide project owners with incentives to refinance
their project at a lower interest rate.
SEC. 202. None of the amounts made available under this
Act may be used during fiscal year 2003 to investigate or prosecute
under the Fair Housing Act any otherwise lawful activity engaged
in by one or more persons, including the filing or maintaining
of a non-frivolous legal action, that is engaged in solely for the
purpose of achieving or preventing action by a Government official
or entity, or a court of competent jurisdiction.
SEC. 203. (a) Notwithstanding section 854(c)(1)(A) of the AIDS
Housing Opportunity Act (42 U.S.C. 12903(c)(1)(A)), from any
amounts made available under this title for fiscal year 2003 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—