S.1216 - Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 2002107th Congress (2001-2002)
Bill
Hide Overview| Sponsor: | Sen. Mikulski, Barbara A. [D-MD] (Introduced 07/20/2001) |
|---|---|
| Committees: | Senate - Appropriations |
| Committee Reports: | S. Rept. 107-43 |
| Latest Action: | Senate - 11/29/2001 Indefinitely postponed by Senate by Unanimous Consent. (consideration: CR S12216) (All Actions) |
| Notes: | For further action, see H.R. 2620, which became Public Law 107-73 on 11/26/2001. |
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Placed on Calendar Senate (07/20/2001)
[Congressional Bills 107th Congress]
[From the U.S. Government Printing Office]
[S. 1216 Placed on Calendar Senate (PCS)]
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
That the following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, for the Departments of Veteran
Affairs and Housing and Urban Development, and for sundry independent
agencies, boards, commissions, corporations, and offices for the fiscal
year ending September 30, 2002, and for other purposes, namely:
TITLE I--DEPARTMENT OF VETERANS AFFAIRS
Veterans Benefits Administration
compensation and pensions
(including transfers of funds)
For the payment of compensation benefits to or on behalf of
veterans and a pilot program for disability examinations as authorized
by law (38 U.S.C. 107, chapters 11, 13, 18, 51, 53, 55, and 61);
pension benefits to or on behalf of veterans as authorized by law (38
U.S.C. chapters 15, 51, 53, 55, and 61; 92 Stat. 2508); and burial
benefits, emergency and other officers' retirement pay, adjusted-
service credits and certificates, payment of premiums due on commercial
life insurance policies guaranteed under the provisions of Article IV
of the Soldiers' and Sailors' Civil Relief Act of 1940, as amended, and
for other benefits as authorized by law (38 U.S.C. 107, 1312, 1977, and
2106, chapters 23, 51, 53, 55, and 61; 50 U.S.C. App. 540-548; 43 Stat.
122, 123; 45 Stat. 735; 76 Stat. 1198), $24,944,288,000, to remain
available until expended: Provided, That not to exceed $17,940,000 of
the amount appropriated shall be reimbursed to ``General operating
expenses'' and ``Medical care'' for necessary expenses in implementing
those provisions authorized in the Omnibus Budget Reconciliation Act of
1990, and in the Veterans' Benefits Act of 1992 (38 U.S.C. chapters 51,
53, and 55), the funding source for which is specifically provided as
the ``Compensation and pensions'' appropriation: Provided further, That
such sums as may be earned on an actual qualifying patient basis, shall
be reimbursed to ``Medical facilities revolving fund'' to augment the
funding of individual medical facilities for nursing home care provided
to pensioners as authorized.
readjustment benefits
For the payment of readjustment and rehabilitation benefits to or
on behalf of veterans as authorized by 38 U.S.C. chapters 21, 30, 31,
34, 35, 36, 39, 51, 53, 55, and 61, $2,135,000,000, to remain available
until expended: Provided, That expenses for rehabilitation program
services and assistance which the Secretary is authorized to provide
under section 3104(a) of title 38, United States Code, other than under
subsection (a)(1), (2), (5) and (11) of that section, shall be charged
to the account: Provided further, That funds shall be available to pay
any court order, court award or any compromise settlement arising from
litigation involving the vocational training program authorized by
section 18 of Public Law 98-77, as amended.
veterans insurance and indemnities
For military and naval insurance, national service life insurance,
servicemen's indemnities, service-disabled veterans insurance, and
veterans mortgage life insurance as authorized by 38 U.S.C. chapter 19;
70 Stat. 887; 72 Stat. 487, $26,200,000, to remain available until
expended.
veterans housing benefit program fund program account
(including transfer of funds)
For the cost of direct and guaranteed loans, such sums as may be
necessary to carry out the program, as authorized by 38 U.S.C. chapter
37, as amended: Provided, That such costs, including the cost of
modifying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974, as amended: Provided further, That
during fiscal year 2002, within the resources available, not to exceed
$300,000 in gross obligations for direct loans are authorized for
specially adapted housing loans.
In addition, for administrative expenses to carry out the direct
and guaranteed loan programs, $164,497,000, which may be transferred to
and merged with the appropriation for ``General operating expenses''.
education loan fund program account
(including transfer of funds)
For the cost of direct loans, $1,000, as authorized by 38 U.S.C.
3698, as amended: Provided, That such costs, including the cost of
modifying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974, as amended: Provided further, That
these funds are available to subsidize gross obligations for the
principal amount of direct loans not to exceed $3,400.
In addition, for administrative expenses necessary to carry out the
direct loan program, $64,000, which may be transferred to and merged
with the appropriation for ``General operating expenses''.
vocational rehabilitation loans program account
(including transfer of funds)
For the cost of direct loans, $72,000, as authorized by 38 U.S.C.
chapter 31, as amended: Provided, That such costs, including the cost
of modifying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974, as amended: Provided further, That
these funds are available to subsidize gross obligations for the
principal amount of direct loans not to exceed $3,301,000.
In addition, for administrative expenses necessary to carry out the
direct loan program, $274,000, which may be transferred to and merged
with the appropriation for ``General operating expenses''.
native american veteran housing loan program account
(including transfer of funds)
For administrative expenses to carry out the direct loan program
authorized by 38 U.S.C. chapter 37, subchapter V, as amended, $544,000,
which may be transferred to and merged with the appropriation for
``General operating expenses''.
guaranteed transitional housing loans for homeless veterans program
account
(including transfer of funds)
Not to exceed $750,000 of the amounts appropriated by this Act for
``General operating expenses'' and ``Medical care'' may be expended for
the administrative expenses to carry out the guaranteed loan program
authorized by 38 U.S.C. chapter 37, subchapter VI.
Veterans Health Administration
medical care
(including transfer of funds)
For necessary expenses for the maintenance and operation of
hospitals, nursing homes, and domiciliary facilities; for furnishing,
as authorized by law, inpatient and outpatient care and treatment to
beneficiaries of the Department of Veterans Affairs, including care and
treatment in facilities not under the jurisdiction of the department;
and furnishing recreational facilities, supplies, and equipment;
funeral, burial, and other expenses incidental thereto for
beneficiaries receiving care in the department; administrative expenses
in support of planning, design, project management, real property
acquisition and disposition, construction and renovation of any
facility under the jurisdiction or for the use of the department;
oversight, engineering and architectural activities not charged to
project cost; repairing, altering, improving or providing facilities in
the several hospitals and homes under the jurisdiction of the
department, not otherwise provided for, either by contract or by the
hire of temporary employees and purchase of materials; uniforms or
allowances therefor, as authorized by 5 U.S.C. 5901-5902; aid to State
homes as authorized by 38 U.S.C. 1741; administrative and legal
expenses of the department for collecting and recovering amounts owed
the department as authorized under 38 U.S.C. chapter 17, and the
Federal Medical Care Recovery Act, 42 U.S.C. 2651 et seq.,
$21,379,742,000, plus reimbursements: Provided, That of the funds made
available under this heading, $675,000,000 is for the equipment and
land and structures object classifications only, which amount shall not
become available for obligation until August 1, 2002, and shall remain
available until September 30, 2003: Provided further, That of the funds
made available under this heading, not to exceed $900,000,000 shall be
available until September 30, 2003: Provided further, That, in addition
to other funds made available under this heading for non-recurring
maintenance and repair (NRM) activities, $30,000,000 shall be available
without fiscal year limitation to support the NRM activities necessary
to implement Capital Asset Realignment for Enhanced Services (CARES)
activities: Provided further, That from amounts appropriated under this
heading, additional amounts, as designated by the Secretary no later
than September 30, 2002, may be used for CARES activities without
fiscal year limitation: Provided further, That the Secretary of
Veterans Affairs shall conduct by contract a program of recovery audits
for the fee basis and other medical services contracts with respect to
payments for hospital care; and, notwithstanding 31 U.S.C. 3302(b),
amounts collected, by setoff or otherwise, as the result of such audits
shall be available, without fiscal year limitation, for the purposes
for which funds are appropriated under this heading and the purposes of
paying a contractor a percent of the amount collected as a result of an
audit carried out by the contractor: Provided further, That all amounts
so collected under the preceding proviso with respect to a designated
health care region (as that term is defined in 38 U.S.C. 1729A(d)(2))
shall be allocated, net of payments to the contractor, to that region.
In addition, in conformance with Public Law 105-33 establishing the
Department of Veterans Affairs Medical Care Collections Fund, such sums
as may be deposited to such Fund pursuant to 38 U.S.C. 1729A may be
transferred to this account, to remain available until expended for the
purposes of this account.
medical and prosthetic research
For necessary expenses in carrying out programs of medical and
prosthetic research and development as authorized by 38 U.S.C. chapter
73, to remain available until September 30, 2003, $390,000,000, plus
reimbursements.
medical administration and miscellaneous operating expenses
For necessary expenses in the administration of the medical,
hospital, nursing home, domiciliary, construction, supply, and research
activities, as authorized by law; administrative expenses in support of
capital policy activities, $67,628,000, plus reimbursements: Provided,
That technical and consulting services offered by the Facilities
Management Field Service, including project management and real
property administration (including leases, site acquisition and
disposal activities directly supporting projects), shall be provided to
Department of Veterans Affairs components only on a reimbursable basis,
and such amounts will remain available until September 30, 2002.
Departmental Administration
general operating expenses
For necessary operating expenses of the Department of Veterans
Affairs, not otherwise provided for, including uniforms or allowances
therefor; not to exceed $25,000 for official reception and
representation expenses; hire of passenger motor vehicles; and
reimbursement of the General Services Administration for security guard
services, and the Department of Defense for the cost of overseas
employee mail, $1,194,831,000: Provided, That expenses for services and
assistance authorized under 38 U.S.C. 3104(a)(1), (2), (5) and (11)
that the Secretary determines are necessary to enable entitled veterans
(1) to the maximum extent feasible, to become employable and to obtain
and maintain suitable employment; or (2) to achieve maximum
independence in daily living, shall be charged to this account:
Provided further, That of the funds made available under this heading,
not to exceed $60,000,000 shall be available until September 30, 2003:
Provided further, That of the funds made available under this heading,
the Veterans Benefits Administration may purchase up to four passenger
motor vehicles for use in their Manila, Philippines operation: Provided
further, That travel expenses for this account shall not exceed
$15,665,000.
national cemetery administration
For necessary expenses of the National Cemetery Administration for
operations and maintenance, not otherwise provided for, including
uniforms or allowances therefor; cemeterial expenses as authorized by
law; purchase of one passenger motor vehicle for use in cemeterial
operations; and hire of passenger motor vehicles, $121,169,000.
office of inspector general
For necessary expenses of the Office of Inspector General in
carrying out the Inspector General Act of 1978, as amended,
$48,308,000.
construction, major projects
For constructing, altering, extending and improving any of the
facilities under the jurisdiction or for the use of the Department of
Veterans Affairs, or for any of the purposes set forth in sections 316,
2404, 2406, 8102, 8103, 8106, 8108, 8109, 8110, and 8122 of title 38,
United States Code, including planning, architectural and engineering
services, maintenance or guarantee period services costs associated
with equipment guarantees provided under the project, services of
claims analysts, offsite utility and storm drainage system construction
costs, and site acquisition, where the estimated cost of a project is
$4,000,000 or more or where funds for a project were made available in
a previous major project appropriation, $155,180,000, to remain
available until expended, of which $60,000,000 shall be for Capital
Asset Realignment for Enhanced Services (CARES) activities; and of
which not to exceed $20,000,000 shall be for costs associated with land
acquisitions for national cemeteries in the vicinity of Sacramento,
California; Pittsburgh, Pennsylvania; and Detroit, Michigan: Provided,
That except for advance planning activities (including market-based and
other assessments of needs which may lead to capital investments)
funded through the advance planning fund, design of projects funded
through the design fund, and planning and design activities funded
through the CARES fund (including market-based and other assessments of
needs which may lead to capital investments), none of these funds shall
be used for any project which has not been approved by the Congress in
the budgetary process: Provided further, That funds provided in this
appropriation for fiscal year 2002, for each approved project (except
those for CARES activities and the three land acquisitions referenced
above) shall be obligated: (1) by the awarding of a construction
documents contract by September 30, 2002; and (2) by the awarding of a
construction contract by September 30, 2003: Provided further, That the
Secretary shall promptly report in writing to the Committees on
Appropriations any approved major construction project in which
obligations are not incurred within the time limitations established
above: Provided further, That no funds from any other account except
the ``Parking revolving fund'', may be obligated for constructing,
altering, extending, or improving a project which was approved in the
budget process and funded in this account until one year after
substantial completion and beneficial occupancy by the Department of
Veterans Affairs of the project or any part thereof with respect to
that part only.
construction, minor projects
For constructing, altering, extending, and improving any of the
facilities under the jurisdiction or for the use of the Department of
Veterans Affairs, including planning and assessments of needs which may
lead to capital investments, architectural and engineering services,
maintenance or guarantee period services costs associated with
equipment guarantees provided under the project, services of claims
analysts, offsite utility and storm drainage system construction costs,
and site acquisition, or for any of the purposes set forth in sections
316, 2404, 2406, 8102, 8103, 8106, 8108, 8109, 8110, 8122, and 8162 of
title 38, United States Code, where the estimated cost of a project is
less than $4,000,000, $178,900,000, to remain available until expended,
along with unobligated balances of previous ``Construction, minor
projects'' appropriations which are hereby made available for any
project where the estimated cost is less than $4,000,000, of which
$25,000,000 shall be for Capital Asset Realignment for Enhanced
Services (CARES) activities: Provided, That from amounts appropriated
under this heading, additional amounts may be used for CARES
activities: Provided further, That funds in this account shall be
available for: (1) repairs to any of the nonmedical facilities under
the jurisdiction or for the use of the department which are necessary
because of loss or damage caused by any natural disaster or
catastrophe; and (2) temporary measures necessary to prevent or to
minimize further loss by such causes.
parking revolving fund
For the parking revolving fund as authorized by 38 U.S.C. 8109,
income from fees collected and $4,000,000 from the General Fund, both
to remain available until expended, which shall be available for all
authorized expenses except operations and maintenance costs, which will
be funded from ``Medical care''.
grants for construction of state extended care facilities
For grants to assist States to acquire or construct State nursing
home and domiciliary facilities and to remodel, modify or alter
existing hospital, nursing home and domiciliary facilities in State
homes, for furnishing care to veterans as authorized by 38 U.S.C. 8131-
8137, $100,000,000, to remain available until expended.
grants for the construction of state veterans cemeteries
For grants to aid States in establishing, expanding, or improving
State veterans cemeteries as authorized by 38 U.S.C. 2408, $25,000,000,
to remain available until expended.
Administrative Provisions
(including transfer of funds)
Sec. 101. Any appropriation for fiscal year 2002 for ``Compensation
and pensions'', ``Readjustment benefits'', and ``Veterans insurance and
indemnities'' may be transferred to any other of the mentioned
appropriations.
Sec. 102. Appropriations available to the Department of Veterans
Affairs for fiscal year 2002 for salaries and expenses shall be
available for services authorized by 5 U.S.C. 3109.
Sec. 103. No appropriations in this Act for the Department of
Veterans Affairs (except the appropriations for ``Construction, major
projects'', ``Construction, minor projects'', and the ``Parking
revolving fund'') shall be available for the purchase of any site for
or toward the construction of any new hospital or home.
Sec. 104. No appropriations in this Act for the Department of
Veterans Affairs shall be available for hospitalization or examination
of any persons (except beneficiaries entitled under the laws bestowing
such benefits to veterans, and persons receiving such treatment under 5
U.S.C. 7901-7904 or 42 U.S.C. 5141-5204), unless reimbursement of cost
is made to the ``Medical care'' account at such rates as may be fixed
by the Secretary of Veterans Affairs.
Sec. 105. Appropriations available to the Department of Veterans
Affairs for fiscal year 2002 for ``Compensation and pensions'',
``Readjustment benefits'', and ``Veterans insurance and indemnities''
shall be available for payment of prior year accrued obligations
required to be recorded by law against the corresponding prior year
accounts within the last quarter of fiscal year 2001.
Sec. 106. Appropriations accounts available to the Department of
Veterans Affairs for fiscal year 2002 shall be available to pay prior
year obligations of corresponding prior year appropriations accounts
resulting from title X of the Competitive Equality Banking Act, Public
Law 100-86, except that if such obligations are from trust fund
accounts they shall be payable from ``Compensation and pensions''.
Sec. 107. Notwithstanding any other provision of law, during fiscal
year 2002, the Secretary of Veterans Affairs shall, from the National
Service Life Insurance Fund (38 U.S.C. 1920), the Veterans' Special
Life Insurance Fund (38 U.S.C. 1923), and the United States Government
Life Insurance Fund (38 U.S.C. 1955), reimburse the ``General operating
expenses'' account for the cost of administration of the insurance
programs financed through those accounts: Provided, That reimbursement
shall be made only from the surplus earnings accumulated in an
insurance program in fiscal year 2002, that are available for dividends
in that program after claims have been paid and actuarially determined
reserves have been set aside: Provided further, That if the cost of
administration of an insurance program exceeds the amount of surplus
earnings accumulated in that program, reimbursement shall be made only
to the extent of such surplus earnings: Provided further, That the
Secretary shall determine the cost of administration for fiscal year
2002, which is properly allocable to the provision of each insurance
program and to the provision of any total disability income insurance
included in such insurance program.
Sec. 108. For fiscal year 2002 only, funds available in any
Department of Veterans Affairs appropriation or fund for salaries and
other administrative expenses shall also be available to reimburse the
Office of Resolution Management and the Office of Employment
Discrimination Complaint Adjudication for all services provided at
rates which will recover actual costs. Payments may be made in advance
for services to be furnished, based on estimated costs. Amounts
received shall be credited to the General Operating Expenses account
for use by the office that provided the service. Total resources
available to these offices for fiscal year 2002 shall not exceed
$28,550,000 for the Office of Resolution Management and $2,383,000 for
the Office of Employment and Discrimination Complaint Adjudication.
Sec. 109. Notwithstanding any other provision of law, the
Department of Veterans Affairs shall continue the Franchise Fund pilot
program authorized to be established by section 403 of Public Law 103-
356 until October 1, 2002: Provided, That the Franchise Fund,
established by Title I of Public Law 104-204 to finance the operations
of the Franchise Fund pilot program, shall continue until October 1,
2002.
TITLE II--DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Public and Indian Housing
housing certificate fund
(including rescission and transfers of funds)
For activities and assistance to prevent the involuntary
displacement of low-income families, the elderly and the disabled
because of the loss of affordable housing stock, expiration of subsidy
contracts (other than contracts for which amounts are provided under
another heading in this Act) or expiration of use restrictions, or
other changes in housing assistance arrangements, and for other
purposes, $15,658,769,000 and amounts that are recaptured in this
account to remain available until expended: Provided, That of the total
amount provided under this heading, $15,506,746,000, of which
$11,306,746,000 shall be available on October 1, 2001 and
$4,200,000,000 shall be available on October 1, 2002 shall be for
assistance under the United States Housing Act of 1937, as amended
(``the Act'' herein) (42 U.S.C. 1437): Provided further, That the
foregoing amounts shall be for use in connection with expiring or
terminating section 8 subsidy contracts, for amendments to section 8
subsidy contracts, for enhanced vouchers (including amendments and
renewals) under any provision of law authorizing such assistance under
section 8(t) of the Act (47 U.S.C. 1437f(t)), contract administrators,
and contracts entered into pursuant to section 441 of the McKinney-
Vento Homeless Assistance Act: Provided further, That amounts available
under the first proviso under this heading shall be available for
section 8 rental assistance under the Act: (1) for the relocation and
replacement of housing units that are demolished or disposed of
pursuant to the Omnibus Consolidated Rescissions and Appropriations Act
of 1996; (2) for the conversion of section 23 projects to assistance
under section 8; (3) for funds to carry out the family unification
program; (4) for the relocation of witnesses in connection with efforts
to combat crime in public and assisted housing pursuant to a request
from a law enforcement or prosecution agency; (5) for tenant protection
assistance, including replacement and relocation assistance; and (6)
for the 1-year renewal of section 8 contracts at current rents for
units in a project that is subject to an approved plan of action under
the Emergency Low Income Housing Preservation Act of 1987 or the Low-
Income Housing Preservation and Resident Homeownership Act of 1990:
Provided further, That of the total amount provided under this heading,
no less than $13,400,000 shall be transferred to the Working Capital
Fund for the development and maintenance of information technology
systems: Provided further, That of the total amount provided under this
heading, $40,000,000 shall be made available to nonelderly disabled
families affected by the designation of a public housing development
under section 7 of the Act, the establishment of preferences in
accordance with section 651 of the Housing and Community Development
Act of 1992 (42 U.S.C. 1361l), or the restriction of occupancy to
elderly families in accordance with section 658 of such Act, and to the
extent the Secretary determines that such amount is not needed to fund
applications for such affected families, to other nonelderly disabled
families: Provided further, That of the total amount provided under
this heading, $98,623,000 shall be made available for incremental
vouchers under section 8 of the Act on a fair share basis to those
public housing agencies that have no less than 97 percent occupancy
rate: Provided further, That amounts available under this heading may
be made available for administrative fees and other expenses to cover
the cost of administering rental assistance programs under section 8 of
the Act: Provided further, That the fee otherwise authorized under
section 8(q) of such Act shall be determined in accordance with section
8(q), as in effect immediately before the enactment of the Quality
Housing and Work Responsibility Act of 1998: Provided further, That
$615,000,000 are rescinded from unobligated balances remaining from
funds appropriated to the Department of Housing and Urban Development
under this heading or the heading ``Annual contributions for assisted
housing'' for fiscal year 2002 and prior years: Provided further, That,
after the amount is rescinded under the previous proviso, to the extent
an additional amount is available for rescission from unobligated
balances remaining for funds appropriated to the Department of Housing
and Urban Development under this heading or the heading ``Annual
contributions for assisted housing'' for fiscal year 2002 and prior
years, such amount shall be made available on a pro-rata basis, no
sooner than September 1, 2002, and shall be transferred for use under
the ``Research and Related Activities'' account of the National Science
Foundation, and shall be transferred for use under the ``Science,
Aeronautics and Technology'' account of the National Aeronautics and
Space Administration, and shall be transferred for use under the ``HOME
investment partnership program'' account of the Department of Housing
and Urban Development for the production of mixed-income housing for
which this amount shall be used to assist the construction of units
that serve extremely low-income families, and shall be transferred for
use under the ``Housing for Special Populations'' account of the
Department of Housing and Urban Development: Provided further, That the
Secretary shall have until September 30, 2002, to meet the rescissions
in the preceding provisos: Provided further, That any obligated
balances of contract authority that have been terminated shall be
canceled.
public housing capital fund
(including transfer of funds)
For the Public Housing Capital Fund Program to carry out capital
and management activities for public housing agencies, as authorized
under section 9 of the United States Housing Act of 1937, as amended
(42 U.S.C. 1437), $2,943,400,000, to remain available until September
30, 2003, of which up to $50,000,000 shall be for carrying out
activities under section 9(h) of such Act, up to $500,000 shall be for
lease adjustments to section 23 projects and no less than $43,000,000
shall be transferred to the Working Capital Fund for the development
and maintenance of information technology systems: Provided, That no
funds may be used under this heading for the purposes specified in
section 9(k) of the United States Housing Act of 1937, as amended:
Provided further, That of the total amount, up to $75,000,000 shall be
available for the Secretary of Housing and Urban Development to make
grants to public housing agencies for emergency capital needs resulting
from emergencies and natural disasters in fiscal year 2002.
public housing operating fund
For payments to public housing agencies for the operation and
management of public housing, as authorized by section 9(e) of the
United States Housing Act of 1937, as amended (42 U.S.C. 1437g),
$3,384,868,000, to remain available until September 30, 2003: Provided,
That no funds may be used under this heading for the purposes specified
in section 9(k) of the United States Housing Act of 1937, as amended.
drug elimination grants for low-income housing
For grants to public housing agencies and Indian tribes and their
tribally designated housing entities for use in eliminating crime in
public housing projects authorized by 42 U.S.C. 11901-11908, for grants
for federally assisted low-income housing authorized by 42 U.S.C.
11909, and for drug information clearinghouse services authorized by 42
U.S.C. 11921-11925, $300,000,000, to remain available until expended:
Provided, That of the total amount provided under this heading, up to
$3,000,000 shall be solely for technical assistance, technical
assistance grants, training, and program assessment for or on behalf of
public housing agencies, resident organizations, and Indian tribes and
their tribally designated housing entities (including up to $150,000
for the cost of necessary travel for participants in such training) for
oversight, training and improved management of this program; $2,000,000
shall be available to the Boys and Girls Clubs of America for the
operating and start-up costs of clubs located in or near, and primarily
serving residents of, public housing and housing assisted under the
Native American Housing Assistance and Self-Determination Act of 1996:
Provided further, That of the amount under this heading, $20,000,000
shall be available for the New Approach Anti-Drug program which will
provide competitive grants to entities managing or operating public
housing developments, federally assisted multifamily housing
developments, or other multifamily housing developments for low-income
families supported by non-Federal governmental entities or similar
housing developments supported by nonprofit private sources in order to
provide or augment security (including personnel costs), to assist in
the investigation and/or prosecution of drug-related criminal activity
in and around such developments, and to provide assistance for the
development of capital improvements at such developments directly
relating to the security of such developments: Provided further, That
grants for the New Approach Anti-Drug program shall be made on a
competitive basis as specified in section 102 of the Department of
Housing and Urban Development Reform Act of 1989.
revitalization of severely distressed public housing (hope vi)
For grants to public housing agencies for demolition, site
revitalization, replacement housing, and tenant-based assistance grants
to projects as authorized by section 24 of the United States Housing
Act of 1937, as amended, $573,735,000 to remain available until
September 30, 2003, of which the Secretary may use up to $7,500,000 for
technical assistance and contract expertise, to be provided directly or
indirectly by grants, contracts or cooperative agreements, including
training and cost of necessary travel for participants in such
training, by or to officials and employees of the department and of
public housing agencies and to residents: Provided, That none of such
funds shall be used directly or indirectly by granting competitive
advantage in awards to settle litigation or pay judgments, unless
expressly permitted herein.
native american housing block grants
(including transfers of funds)
For the Native American Housing Block Grants program, as authorized
under title I of the Native American Housing Assistance and Self-
Determination Act of 1996 (NAHASDA) (Public Law 104-330), $648,570,000,
to remain available until expended, of which $2,200,000 shall be
contracted through the Secretary as technical assistance and capacity
building to be used by the National American Indian Housing Council in
support of the implementation of NAHASDA; $5,000,000 shall be to
support the inspection of Indian housing units, contract expertise, and
technical assistance in the training, oversight, and management of
Indian housing and tenant-based assistance, including up to $300,000
for related travel; and no less than $3,000,000 shall be transferred to
the Working Capital Fund for the development and maintenance of
information technology systems: Provided, That of the amount provided
under this heading, $5,987,000 shall be made available for the cost of
guaranteed notes and other obligations, as authorized by title VI of
NAHASDA: Provided further, That such costs, including the costs of
modifying such notes and other obligations, shall be as defined in
section 502 of the Congressional Budget Act of 1974, as amended:
Provided further, That these funds are available to subsidize the total
principal amount of any notes and other obligations, any part of which
is to be guaranteed, not to exceed $54,600,000: Provided further, That
for administrative expenses to carry out the guaranteed loan program,
up to $150,000 from amounts in the first proviso, which shall be
transferred to and merged with the appropriation for ``Salaries and
expenses'', to be used only for the administrative costs of these
guarantees.
indian housing loan guarantee fund program account
(including transfer of funds)
For the cost of guaranteed loans, as authorized by section 184 of
the Housing and Community Development Act of 1992 (106 Stat. 3739),
$5,987,000, to remain available until expended: Provided, That such
costs, including the costs of modifying such loans, shall be as defined
in section 502 of the Congressional Budget Act of 1974, as amended:
Provided further, That these funds are available to subsidize total
loan principal, any part of which is to be guaranteed, not to exceed
$234,283,000.
In addition, for administrative expenses to carry out the
guaranteed loan program, up to $200,000 from amounts in the first
paragraph, which shall be transferred to and merged with the
appropriation for ``Salaries and expenses'', to be used only for the
administrative costs of these guarantees.
native hawaiian housing loan guarantee fund
(including transfer of funds)
For the cost of guaranteed loans, as authorized by section 184A of
the Housing and Community Development Act of 1992 (12 U.S.C. 1715z-
13a), $1,000,000, to remain available until expended: Provided, That
such costs, including the costs of modifying such loans, shall be as
defined in section 502 of the Congressional Budget Act of 1974, as
amended: Provided further, That these funds are available to subsidize
total loan principal, any part of which is to be guaranteed, not to
exceed $40,000,000.
In addition, for administrative expenses to carry out the
guaranteed loan program, up to $35,000 from amounts in the first
paragraph, which shall be transferred to and merged with the
appropriation for ``Salaries and expenses'', to be used only for the
administrative costs of these guarantees.
Community Planning and Development
housing opportunities for persons with aids
For carrying out the Housing Opportunities for Persons with AIDS
program, as authorized by the AIDS Housing Opportunity Act (42 U.S.C.
12901), $277,432,000, to remain available until September 30, 2003:
Provided, That the Secretary shall renew all expiring contracts that
were funded under section 854(c)(3) of such Act that meet all program
requirements before awarding funds for new contracts and activities
authorized under this section: Provided further, That the Secretary may
use up to $2,000,000 of the funds under this heading for training,
oversight, and technical assistance activities.
Rural Housing and Economic Development
For the Office of Rural Housing and Economic Development in the
Department of Housing and Urban Development, $25,000,000 to remain
available until expended, which amount shall be awarded by June 1,
2002, to Indian tribes, State housing finance agencies, State community
and/or economic development agencies, local rural nonprofits and
community development corporations to support innovative housing and
economic development activities in rural areas: Provided, That all
grants shall be awarded on a competitive basis as specified in section
102 of the HUD Reform Act.
Empowerment Zones/Enterprise Communities
For grants in connection with a second round of empowerment zones
and enterprise communities, $75,000,000, to remain available until
expended, for ``Urban Empowerment Zones'', as authorized in the
Taxpayer Relief Act of 1997, including $5,000,000 for each empowerment
zone for use in conjunction with economic development activities
consistent with the strategic plan of each empowerment zone.
community development fund
(including transfers of funds)
For assistance to units of State and local government, and to other
entities, for economic and community development activities, and for
other purposes, $5,012,993,000, to remain available until September 30,
2004: Provided, That of the amount provided, $4,801,993,000 is for
carrying out the community development block grant program under title
I of the Housing and Community Development Act of 1974, as amended (the
``Act'' herein) (42 U.S.C. 5301): Provided further, That $71,000,000
shall be for flexible grants to Indian tribes notwithstanding section
106(a)(1) of such Act; $3,000,000 shall be available as a grant to the
Housing Assistance Council; $2,600,000 shall be available as a grant to
the National American Indian Housing Council; and $45,500,000 shall be
for grants pursuant to section 107 of the Act of which $4,000,000 shall
be made available to support Alaska Native serving institutions and
Native Hawaiian serving institutions as defined under the Higher
Education Act, as amended, and of which $3,000,000 shall be made
available to tribal colleges and universities to build, expand,
renovate and equip their facilities: Provided further, That $10,000,000
shall be made available to the Department of Hawaiian Home Lands to
provide assistance as authorized under the Hawaiian Homelands
Homeownership Act of 2000 (with no more than 5 percent of such funds
being available for administrative costs): Provided further, That no
less than $15,000,000 shall be transferred to the Working Capital Fund
for the development and maintenance of information technology systems:
Provided further, That $20,000,000 shall be for grants pursuant to the
Self Help Housing Opportunity Program: Provided further, That not to
exceed 20 percent of any grant made with funds appropriated herein
(other than a grant made available in this paragraph to the Housing
Assistance Council or the National American Indian Housing Council, or
a grant using funds under section 107(b)(3) of the Act) shall be
expended for ``Planning and Management Development'' and
``Administration'' as defined in regulations promulgated by the
department.
Of the amount made available under this heading, $28,450,000 shall
be made available for capacity building, of which $25,000,000 shall be
made available for ``Capacity Building for Community Development and
Affordable Housing'' for LISC and the Enterprise Foundation, for
activities as authorized by section 4 of the HUD Demonstration Act of
1993 (Public Law 103-120), as in effect immediately before June 12,
1997, with not less than $5,000,000 of the funding to be used in rural
areas, including tribal areas, and of which $3,450,000 shall be for
capacity building activities administered by Habitat for Humanity
International.
Of the amount made available under this heading, the Secretary of
Housing and Urban Development may use up to $55,000,000 for supportive
services for public housing residents, as authorized by section 34 of
the United States Housing Act of 1937, as amended, and for residents of
housing assisted under the Native American Housing Assistance and Self-
Determination Act of 1996 (NAHASDA) and for grants for service
coordinators and congregate services for the elderly and disabled
residents of public and assisted housing and housing assisted under
NAHASDA.
Of the amount made available under this heading, $80,000,000 is for
grants to create or expand community technology centers in high poverty
urban and rural communities and to provide technical assistance to
those centers.
Of the amount made available under this heading, $25,000,000 shall
be available for neighborhood initiatives that are utilized to improve
the conditions of distressed and blighted areas and neighborhoods, to
stimulate investment, economic diversification, and community
revitalization in areas with population outmigration or a stagnating or
declining economic base, or to determine whether housing benefits can
be integrated more effectively with welfare reform initiatives.
Of the amount made available under this heading, notwithstanding
any other provision of law, $60,000,000 shall be available for
YouthBuild program activities authorized by subtitle D of title IV of
the Cranston-Gonzalez National Affordable Housing Act, as amended, and
such activities shall be an eligible activity with respect to any funds
made available under this heading: Provided, That local YouthBuild
programs that demonstrate an ability to leverage private and nonprofit
funding shall be given a priority for YouthBuild funding: Provided
further, That no more than ten percent of any grant award may be used
for administrative costs: Provided further, That not less than
$10,000,000 shall be available for grants to establish Youthbuild
programs in underserved and rural areas: Provided further, That of the
amount provided under this paragraph, $2,000,000 shall be set aside and
made available for a grant to YouthBuild USA for capacity building for
community development and affordable housing activities as specified in
section 4 of the HUD Demonstration Act of 1993, as amended.
Of the amount made available under this heading, $140,000,000 shall
be available for grants for the Economic Development Initiative (EDI)
to finance a variety of economic development efforts in accordance with
the terms and conditions specified for such grants in the Senate report
accompanying this Act.
community development loan guarantees program account
(including transfer of funds)
For the cost of guaranteed loans, $14,000,000, as authorized by
section 108 of the Housing and Community Development Act of 1974, as
amended: Provided, That such costs, including the cost of modifying
such loans, shall be as defined in section 502 of the Congressional
Budget Act of 1974, as amended: Provided further, That these funds are
available to subsidize total loan principal, any part of which is to be
guaranteed, not to exceed $608,696,000, notwithstanding any aggregate
limitation on outstanding obligations guaranteed in section 108(k) of
the Housing and Community Development Act of 1974, as amended: Provided
further, That in addition, for administrative expenses to carry out the
guaranteed loan program, $1,000,000, which shall be transferred to and
merged with the appropriation for ``Salaries and expenses''.
brownfields redevelopment
For Economic Development Grants, as authorized by section 108(q) of
the Housing and Community Development Act of 1974, as amended, for
Brownfields redevelopment projects, $25,000,000, to remain available
until September 30, 2003: Provided, That the Secretary of Housing and
Urban Development shall make these grants available on a competitive
basis as specified in section 102 of the Department of Housing and
Urban Development Reform Act of 1989.
home investment partnerships program
(including transfer of funds)
For the HOME investment partnerships program, as authorized under
title II of the Cranston-Gonzalez National Affordable Housing Act, as
amended, $1,796,040,000 to remain available until September 30, 2004,
of which up to $20,000,000 of these funds shall be available for
Housing Counseling under section 106 of the Housing and Urban
Development Act of 1968; and of which no less than $17,000,000 shall be
transferred to the Working Capital Fund for the development and
maintenance of information technology systems.
homeless assistance grants
(including transfer of funds)
For the emergency shelter grants program as authorized under
subtitle B of title IV of the McKinney-Vento Homeless Assistance Act,
as amended; the supportive housing program as authorized under subtitle
C of title IV of such Act; the section 8 moderate rehabilitation single
room occupancy program as authorized under the United States Housing
Act of 1937, as amended, to assist homeless individuals pursuant to
section 441 of the McKinney-Vento Homeless Assistance Act; and the
shelter plus care program as authorized under subtitle F of title IV of
such Act, $1,022,745,000, to remain available until September 30, 2004:
Provided, That not less than 30 percent of these funds shall be used
for permanent housing, and all funding for services must be matched by
25 percent in funding by each grantee: Provided further, That all
awards of assistance under this heading shall be required to coordinate
and integrate homeless programs with other mainstream health, social
services, and employment programs for which homeless populations may be
eligible, including Medicaid, State Children's Health Insurance
Program, Temporary Assistance for Needy Families, Food Stamps, and
services funding through the Mental Health and Substance Abuse Block
Grant, Workforce Investment Act, and the Welfare-to-Work grant program:
Provided further, That no less than $14,200,000 of the funds
appropriated under this heading is transferred to the Working Capital
Fund to be used for technical assistance for management information
systems and to develop an automated, client-level Annual Performance
Report System: Provided further, That $500,000 shall be made available
to the Interagency Council on the Homeless for administrative needs.
shelter plus care renewals
For the renewal on an annual basis of contracts expiring during
fiscal years 2002 and 2003 or amendment of contracts funded under the
Shelter Plus Care program, as authorized under subtitle F of title IV
of the McKinney-Vento Homeless Assistance Act, as amended, $99,780,000,
to remain available until expended: Provided, That each Shelter Plus
Care project with an expiring contract shall be eligible for renewal
only if the project is determined to be needed under the applicable
continuum of care and meets appropriate program requirements and
financial standards, as determined by the Secretary.
Housing Programs
housing for special populations
(including transfer of funds)
For assistance for the purchase, construction, acquisition, or
development of additional public and subsidized housing units for low
income families not otherwise provided for, $1,001,009,000, to remain
available until expended: Provided, That $783,286,000 shall be for
capital advances, including amendments to capital advance contracts,
for housing for the elderly, as authorized by section 202 of the
Housing Act of 1959, as amended, and for project rental assistance, and
amendments to contracts for project rental assistance, for the elderly
under such section 202(c)(2), and for supportive services associated
with the housing, of which amount $50,000,000 shall be for service
coordinators and the continuation of existing congregate service grants
for residents of assisted housing projects, of which amount up to
$3,000,000 shall be available to renew expiring project rental
assisance contracts for up to a one-year term, and of which amount
$50,000,000 shall be for grants under section 202b of the Housing Act
of 1959 (12 U.S.C. 1701q-2) for conversion of eligible projects under
such section to assisted living or related use: Provided further, That
of the amount under this heading, $217,723,000 shall be for capital
advances, including amendments to capital advance contracts, for
supportive housing for persons with disabilities, as authorized by
section 811 of the Cranston-Gonzalez National Affordable Housing Act,
for project rental assistance, for amendments to contracts for project
rental assistance, and supportive services associated with the housing
for persons with disabilities as authorized by section 811 of such Act,
of which up to $1,200,000 shall be available to renew expiring project
rental assistance contracts for up to a one-year term: Provided
further, That no less than $3,000,000, to be divided evenly between the
appropriations for the section 202 and section 811 programs, shall be
transferred to the Working Capital Fund for the development and
maintenance of information technology systems: Provided further, That
the Secretary may designate up to 25 percent of the amounts earmarked
under this paragraph for section 811 of such Act for tenant-based
assistance, as authorized under that section, including such authority
as may be waived under the next proviso, which assistance is five years
in duration: Provided further, That the Secretary may waive any
provision of such section 202 and such section 811 (including the
provisions governing the terms and conditions of project rental
assistance and tenant-based assistance) that the Secretary determines
is not necessary to achieve the objectives of these programs, or that
otherwise impedes the ability to develop, operate, or administer
projects assisted under these programs, and may make provision for
alternative conditions or terms where appropriate.
flexible subsidy fund
(transfer of funds)
From the Rental Housing Assistance Fund, all uncommitted balances
of excess rental charges as of September 30, 2001, and any collections
made during fiscal year 2002, shall be transferred to the Flexible
Subsidy Fund, as authorized by section 236(g) of the National Housing
Act, as amended.
manufactured housing fees trust fund
(including transfers of funds)
For necessary expenses as authorized by the National Manufactured
Housing Construction and Safety Standards Act of 1974, as amended (42
U.S.C. 5401 et seq.), $17,254,000, to remain available until expended,
to be derived from the Manufactured Housing Fees Trust Fund: Provided,
That not to exceed the amount appropriated under this heading shall be
available from the general fund of the Treasury to the extent necessary
to incur obligations and make expenditures pending the receipt of
collections to the Fund pursuant to section 620 of such Act: Provided
further, That the amount made available under this heading from the
general fund shall be reduced as such collections are received during
fiscal year 2002 so as to result in a final fiscal year 2002
appropriation from the general fund estimated at not more than $0.
Federal Housing Administration
mutual mortgage insurance program account
(including transfers of funds)
During fiscal year 2002, commitments to guarantee loans to carry
out the purposes of section 203(b) of the National Housing Act, as
amended, shall not exceed a loan principal of $160,000,000,000.
During fiscal year 2002, obligations to make direct loans to carry
out the purposes of section 204(g) of the National Housing Act, as
amended, shall not exceed $250,000,000: Provided, That the foregoing
amount shall be for loans to nonprofit and governmental entities in
connection with sales of single family real properties owned by the
Secretary and formerly insured under the Mutual Mortgage Insurance
Fund.
For administrative expenses necessary to carry out the guaranteed
and direct loan program, $336,700,000, of which not to exceed
$332,678,000 shall be transferred to the appropriation for ``Salaries
and expenses''; and not to exceed $4,022,000 shall be transferred to
the appropriation for ``Office of Inspector General''. In addition, for
administrative contract expenses, $160,000,000: Provided, That a
combined total of $160,000,000 from amounts appropriated for
administrative contract expenses under this heading or the heading
``FHA--General and Special Risk Program Account'' shall be transferred
to the Working Capital Fund for the development and maintenance of
information technology systems: Provided further, That to the extent
guaranteed loan commitments exceed $65,500,000,000 on or before April
1, 2002 an additional $1,400 for administrative contract expenses shall
be available for each $1,000,000 in additional guaranteed loan
commitments (including a pro rata amount for any amount below
$1,000,000), but in no case shall funds made available by this proviso
exceed $16,000,000.
general and special risk program account
(including transfers of funds)
For the cost of guaranteed loans, as authorized by sections 238 and
519 of the National Housing Act (12 U.S.C. 1715z-3 and 1735c),
including the cost of loan guarantee modifications as that term is
defined in section 502 of the Congressional Budget Act of 1974, as
amended, $15,000,000, to remain available until expended: Provided,
That these funds are available to subsidize total loan principal, any
part of which is to be guaranteed, of up to $21,000,000,000: Provided
further, That any amounts made available in any prior appropriations
Act for the cost (as such term is defined in section 502 of the
Congressional Budget Act of 1974) of guaranteed loans that are
obligations of the funds established under section 238 or 519 of the
National Housing Act that have not been obligated or that are
deobligated shall be available to the Secretary of Housing and Urban
Development in connection with the making of such guarantees and shall
remain available until expended, notwithstanding the expiration of any
period of availability otherwise applicable to such amounts.
Gross obligations for the principal amount of direct loans, as
authorized by sections 204(g), 207(l), 238, and 519(a) of the National
Housing Act, shall not exceed $50,000,000, of which not to exceed
$30,000,000 shall be for bridge financing in connection with the sale
of multifamily real properties owned by the Secretary and formerly
insured under such Act; and of which not to exceed $20,000,000 shall be
for loans to nonprofit and governmental entities in connection with the
sale of single-family real properties owned by the Secretary and
formerly insured under such Act.
In addition, for administrative expenses necessary to carry out the
guaranteed and direct loan programs, $216,100,000, of which
$197,779,000, shall be transferred to the appropriation for ``Salaries
and expenses''; and of which $18,321,000 shall be transferred to the
appropriation for ``Office of Inspector General''. In addition, for
administrative contract expenses necessary to carry out the guaranteed
and direct loan programs, $144,000,000: Provided, That to the extent
guaranteed loan commitments exceed $8,426,000,000 on or before April 1,
2002, an additional $19,800,000 for administrative contract expenses
shall be available for each $1,000,000 in additional guaranteed loan
commitments over $8,426,000,000 (including a pro rata amount for any
increment below $1,000,000), but in no case shall funds made available
by this proviso exceed $14,400,000.
Government National Mortgage Association (GNMA)
guarantees of mortgage-backed securities loan guarantee program account
(including transfer of funds)
New commitments to issue guarantees to carry out the purposes of
section 306 of the National Housing Act, as amended (12 U.S.C.
1721(g)), shall not exceed $200,000,000,000, to remain available until
September 30, 2003.
For administrative expenses necessary to carry out the guaranteed
mortgage-backed securities program, $9,383,000 to be derived from the
GNMA guarantees of mortgage-backed securities guaranteed loan receipt
account, of which not to exceed $9,383,000 shall be transferred to the
appropriation for ``Salaries and expenses''.
Policy Development and Research
research and technology
For contracts, grants, and necessary expenses of programs of
research and studies relating to housing and urban problems, not
otherwise provided for, as authorized by title V of the Housing and
Urban Development Act of 1970, as amended (12 U.S.C. 1701z-1 et seq.),
including carrying out the functions of the Secretary under section
1(a)(1)(i) of Reorganization Plan No. 2 of 1968, $53,404,000, to remain
available until September 30, 2003: Provided, That $3,000,000 shall be
for program evaluation to support strategic planning, performance
measurement, and their coordination with the Department's budget
process: Provided further, That of the amount provided under this
heading, $10,000,000 shall be for the Partnership for Advanced
Technology in Housing.
Fair Housing and Equal Opportunity
fair housing activities
For contracts, grants, and other assistance, not otherwise provided
for, as authorized by title VIII of the Civil Rights Act of 1968, as
amended by the Fair Housing Amendments Act of 1988, and section 561 of
the Housing and Community Development Act of 1987, as amended,
$45,899,000, to remain available until September 30, 2003, of which
$24,000,000 shall be to carry out activities pursuant to such section
561: Provided, That no funds made available under this heading shall be
used to lobby the executive or legislative branches of the Federal
Government in connection with a specific contract, grant or loan.
Office of Lead Hazard Control
lead hazard reduction
For the Lead Hazard Reduction Program, as authorized by sections
1011 and 1053 of the Residential Lead-Based Hazard Reduction Act of
1992, $109,758,000 to remain available until September 30, 2003, of
which $10,000,000 shall be for the Healthy Homes Initiative, pursuant
to sections 501 and 502 of the Housing and Urban Development Act of
1970 that shall include research, studies, testing, and demonstration
efforts, including education and outreach concerning lead-based paint
poisoning and other housing-related diseases and hazards: Provided,
That of the amounts provided under this heading, $1,000,000 shall be
for the National Center for Lead-Safe Housing: Provided further, That
of the amounts provided under this heading, $750,000 shall be for
CLEARCorps.
Management and Administration
salaries and expenses
(including transfers of funds)
For necessary administrative and non-administrative expenses of the
Department of Housing and Urban Development, not otherwise provided
for, including not to exceed $7,000 for official reception and
representation expenses, $1,097,257,000, of which $530,457,000 shall be
provided from the various funds of the Federal Housing Administration,
$9,383,000 shall be provided from funds of the Government National
Mortgage Association, $1,000,000 shall be provided from the ``Community
development fund'' account, $150,000 shall be provided by transfer from
the ``Title VI Indian federal guarantees program'' account, $200,000
shall be provided by transfer from the ``Indian housing loan guarantee
fund program'' account and $35,000 shall be transferred from the Native
Hawaiian Housing Loan Guarantee Fund: Provided, That no less than
$85,000,000 shall be transferred to the Working Capital Fund for the
development and maintenance of Information Technology Systems: Provided
further, That the Secretary shall fill 7 out of 10 vacancies at the GS-
14 and GS-15 levels until the total number of GS-14 and GS-15 positions
in the Department has been reduced from the number of GS-14 and GS-15
positions on the date of enactment of Public Law 106-377 by two and
one-half percent: Provided further, That of the amount under this
heading, $1,500,000 shall be for necessary expenses of the Millenial
Housing Commission, as authorized by Public Law 106-74 with the final
report due no later than August 30, 2002.
office of inspector general
(including transfer of funds)
For necessary expenses of the Office of Inspector General in
carrying out the Inspector General Act of 1978, as amended,
$88,898,000, of which $22,343,000 shall be provided from the various
funds of the Federal Housing Administration: Provided, That the
Inspector General shall have independent authority over all personnel
issues within the Office of Inspector General.
consolidated fee fund
(rescission)
Of the balances remaining available from fees and charges under
section 7(j) of the Department of Housing and Urban Development Act,
$6,700,000 are rescinded.
Office of Federal Housing Enterprise Oversight
salaries and expenses
(including transfer of funds)
For carrying out the Federal Housing Enterprise Financial Safety
and Soundness Act of 1992, including not to exceed $500 for official
reception and representation expenses, $27,000,000, to remain available
until expended, to be derived from the Federal Housing Enterprise
Oversight Fund: Provided, That not to exceed such amount shall be
available from the general fund of the Treasury to the extent necessary
to incur obligations and make expenditures pending the receipt of
collections to the Fund: Provided further, That the general fund amount
shall be reduced as collections are received during the fiscal year so
as to result in a final appropriation from the general fund estimated
at not more than $0: Provided further, That this Office shall submit a
staffing plan to the House and Senate Committees on Appropriations no
later than January 30, 2002.
Administrative Provisions
Sec. 201. Fifty percent of the amounts of budget authority, or in
lieu thereof 50 percent of the cash amounts associated with such budget
authority, that are recaptured from projects described in section
1012(a) of the McKinney-Vento Homeless Assistance Amendments Act of
1988 (Public Law 100-628; 102 Stat. 3224, 3268) shall be rescinded, or
in the case of cash, shall be remitted to the Treasury, and such
amounts of budget authority or cash recaptured and not rescinded or
remitted to the Treasury shall be used by State housing finance
agencies or local governments or local housing agencies with projects
approved by the Secretary of Housing and Urban Development for which
settlement occurred after January 1, 1992, in accordance with such
section. Notwithstanding the previous sentence, the Secretary may award
up to 15 percent of the budget authority or cash recaptured and not
rescinded or remitted to the Treasury to provide project owners with
incentives to refinance their project at a lower interest rate.
Sec. 202. None of the amounts made available under this Act may be
used during fiscal year 2002 to investigate or prosecute under the Fair
Housing Act any otherwise lawful activity engaged in by one or more
persons, including the filing or maintaining of a non-frivolous legal
action, that is engaged in solely for the purpose of achieving or
preventing action by a Government official or entity, or a court of
competent jurisdiction.
Sec. 203. (a) Notwithstanding section 854(c)(1)(A) of the AIDS
Housing Opportunity Act (42 U.S.C. 12903(c)(1)(A)), from any amounts
made available under this title for fiscal year 2002 that are allocated
under such section, the Secretary of Housing and Urban Development
shall allocate and make a grant, in the amount determined under
subsection (b), for any State that--
(1) received an allocation in a prior fiscal year under
clause (ii) of such section; and
(2) is not otherwise eligible for an allocation for fiscal
year 2002 under such clause (ii) because the areas in the State
outside of the metropolitan statistical areas that qualify
under clause (i) in fiscal year 2002 do not have the number of
cases of acquired immunodeficiency syndrome (AIDS) required
under such clause.
(b) The amount of the allocation and grant for any State described
in subsection (a) shall be an amount based on the cumulative number of
AIDS cases in the areas of that State that are outside of metropolitan
statistical areas that qualify under clause (i) of such section
854(c)(1)(A) in fiscal year 2002, in proportion to AIDS cases among
cities and States that qualify under clauses (i) and (ii) of such
section and States deemed eligible under subsection (a).
Sec. 204. Section 225 of the Department of Veterans Affairs and
Housing and Urban Development, and Independent Agencies Appropriations
Act, 2000, Public Law 106-74, is amended by inserting ``and fiscal year
2002'' after ``fiscal year 2001''.
Sec. 205. Section 236(g)(3)(A) of the National Housing Act is
amended by striking out ``fiscal years 2000 and 2001'' and inserting in
lieu thereof ``fiscal years 2000, 2001, and 2002''.
Sec. 206. Section 223(f)(1) of the National Housing Act is amended
by inserting ``purchase or'' immediately before ``refinancing of
existing debt''.
Sec. 207. Section 106(c)(9) of the Housing and Urban Development
Act of 1968 is repealed.
Sec. 208. Section 251 of the National Housing Act is amended--
(1) in subsection (b), by striking ``issue regulations''
and all that follows and inserting the following: ``require
that the mortgagee make available to the mortgagor, at the time
of loan application, a written explanation of the features of
an adjustable rate mortgage consistent with the disclosure
requirements applicable to variable rate mortgages secured by a
principal dwelling under the Truth in Lending Act.''; and
(2) by adding the following new subsection at the end:
``(d)(1) The Secretary may insure under this subsection a mortgage
that meets the requirements of subsection (a), except that the
effective rate of interest--
``(A) shall be fixed for a period of not less than the
first 3 years of the mortgage term;
``(B) shall be adjusted by the mortgagee initially upon the
expiration of such period and annually thereafter; and
``(C) in the case of the initial interest rate adjustment,
is subject to the one percent limitation only if the interest
rate remained fixed for five or fewer years.
``(2) The disclosure required under subsection (b) shall be
required for a mortgage insured under this subsection.''.
Sec. 209. (a) Section 203(c) of the National Housing Act is
amended--
(1) in paragraph (1), by striking ``and (k)'' and inserting
``or (k)''; and
(2) in paragraph (2)--
(A) by inserting immediately after ``subsection
(v),'' the following: ``and each mortgage that is
insured under subsection (k) or section 234(c),''; and
(B) by striking ``and executed on or after October
1, 1994,''.
(b) The amendments made by subsection (a) shall apply only to
mortgages that are executed on or after the date of enactment of this
Act or a later date determined by the Secretary and announced by notice
in the Federal Register.
Sec. 210. Section 242(d)(4) of the National Housing Act is amended
to read as follows:
``(4)(A) The Secretary, in conjunction with the Secretary
of Health and Human Services, shall require satisfactory
evidence that the hospital will be located in a State or
political subdivision of a State with reasonable minimum
standards of licensure and methods of operation for hospitals
and satisfactory assurance that such standards will be applied
and enforced with respect to the hospital.
``(B) The Secretary shall establish the means for
determining need and feasibility for the hospital. If the State
has an official procedure for determining need for hospitals,
the Secretary shall also require that such procedure be
followed before the application for insurance is submitted, and
the application shall document that need has also been
established under that procedure.''.
Sec. 211. Section 232(d)(4)(A) of the National Housing Act is
amended to read as follows:
``(A)(i) The Secretary, in conjunction with the
Secretary of Health and Human Services, shall require
satisfactory evidence that a nursing home, intermediate
care facility, or combined nursing home and
intermediate care facility will be located in a State
or political subdivision of a State with reasonable
minimum standards of licensure and methods of operation
for such homes, facilities, or combined homes and
facilities. The Secretary shall also require
satisfactory assurance that such standards will be
applied and enforced with respect to the home,
facility, or combined home or facility.
``(ii) The Secretary shall establish the means for
determining need and feasibility for the home,
facility, or combined home and facility. If the State
has an official procedure for determining need for such
homes, facilities, or combined homes and facilities,
the Secretary shall also require that such procedure be
followed before the application for insurance is
submitted, and the application shall document that need
has also been established under that procedure.''.
Sec. 212. Section 533 of the National Housing Act is amended to
read as follows:
``Sec. 533. Review of Mortgagee Performance and Authority to
Terminate.--
``(a) Periodic Review of Mortgagee Performance.--To reduce losses
in connection with single family mortgage insurance programs under this
Act, at least once a year the Secretary shall review the rate of early
defaults and claims for insured single family mortgages originated or
underwritten by each mortgagee.
``(b) Comparison With Other Mortgagees.--For each mortgagee, the
Secretary shall compare the rate of early defaults and claims for
insured single family mortgage loans originated or underwritten by the
mortgagee in an area with the rate of early defaults and claims for
other mortgagees originating or underwriting insured single family
mortgage loans in the area. For purposes of this section, the term
``area'' means each geographic area in which the mortgagee is
authorized by the Secretary to originate insured single family
mortgages.
``(c) Termination of Mortgagee Origination Approval.--(1)
Notwithstanding section 202(c) of this Act, the Secretary may terminate
the approval of a mortgagee to originate or underwrite single family
mortgages if the Secretary determines that the mortgage loans
originated or underwritten by the mortgagee present an unacceptable
risk to the insurance funds. The determination shall be based on the
comparison required under subsection (b) and shall be made in
accordance with regulations of the Secretary. The Secretary may rely on
existing regulations published before this section takes effect.
``(2) The Secretary shall give a mortgagee at least 60 days prior
written notice of any termination under this subsection. The
termination shall take effect at the end of the notice period, unless
the Secretary withdraws the termination notice or extends the notice
period. If requested in writing by the mortgagee within 30 days of the
date of the notice, the mortgagee shall be entitled to an informal
conference with the official authorized to issue termination notices on
behalf of the Secretary (or a designee of that official). At the
informal conference, the mortgagee may present for consideration
specific factors that it believes were beyond its control and that
caused the excessive default and claim rate.''.
Sec. 213. Except as explicitly provided in legislation, any grant
or assistance made pursuant to Title II of this Act shall be made in
accordance with section 102 of the Department of Housing and Urban
Development Reform Act of 1989 on a competitive basis.
Sec. 214. Public housing agencies in the State of Alaska shall not
be required to comply with section 2(b) of the United States Housing
Act of 1937, as amended, during fiscal year 2002.
Sec. 215. Notwithstanding any other provision of law, in fiscal
year 2001 and for each fiscal year thereafter, in managing and
disposing of any multifamily property that is owned or held by the
Secretary and is occupied primarily by elderly or disabled families,
the Secretary of Housing and Urban Development shall maintain any
rental assistance payments under section 8 of the United States Housing
Act of 1937 that are attached to any dwelling units in the property. To
the extent the Secretary determines that such a multifamily property
owned or held by the Secretary is not feasible for continued rental
assistance payments under such section 8, the Secretary may, in
consultation with the tenants of that property, contract for project-
based rental assistance payments with an owner or owners of other
existing housing properties or provide other rental assistance.
Sec. 216. (a) Section 207 Limits.--Section 207(c)(3) of the
National Housing Act (12 U.S.C. 1713(c)(3)) is amended--
(1) by striking ``$30,420'', ``$33,696'', ``$40,248'',
``$49,608'', and ``$56,160'' and inserting ``$38,025'',
``$42,120'', ``$50,310'', ``$62,010'', and ``$70,200'',
respectively;
(2) by striking ``$9,000'' and inserting ``$11,250''; and
(3) by striking ``$35,100'', ``$39,312'', ``$48,204'',
``$60,372'', and ``$68,262'' and inserting ``$43,875'',
``$49,140'', ``$60,255'', ``$75,465'', and ``$85,328'',
respectively.
(b) Section 213 Limits.--Section 213(b)(2) of the National Housing
Act (12 U.S.C. 1715e(b)(2)) is amended--
(1) by striking ``$30,420'', ``$33,696'', ``$40,248'',
``$49,608'', and ``$56,160'' and inserting ``$38,025'',
``$42,120'', ``$50,310'', ``$62,010'', and ``$70,200'',
respectively; and
(2) by striking ``$35,100'', ``$39,312'', ``$48,204'',
``$60,372'', and ``$68,262'' and inserting ``$43,875'',
``$49,140'', ``$60,255'', ``$75,465'', and ``$85,328'',
respectively.
(c) Section 220 Limits.--Section 220(d)(3)(B)(iii) of the National
Housing Act (12 U.S.C. 1715k(d)(3)(B)(iii)) is amended--
(1) by striking ``$30,420'', ``$33,696'', ``$40,248'',
``$49,608'', and ``$56,160'' and inserting ``$38,025'',
``$42,120'', ``$50,310'', ``$62,010'', and ``$70,200'',
respectively; and
(2) by striking ``$35,100'', ``$39,312'', ``$48,204'',
``$60,372'', and ``$68,262'' and inserting ``$43,875'',
``$49,140'', ``$60,255'', ``$75,465'', and ``$85,328'',
respectively.
(d) Section 221(d)(3) Limits.--Section 221(d)(3)(ii) of the
National Housing Act (12 U.S.C. 1715l(d)(3)(ii)) is amended--
(1) by striking ``$33,638'', ``$38,785'', ``$46,775'',
``$59,872'', and ``$66,700'' and inserting ``$42,048'',
``$48,481'', ``58,469'', ``$74,840'', and ``$83,375'',
respectively; and
(2) by striking ``$35,400'', ``$40,579'', ``$49,344'',
``$63,834'', and ``$70,070'' and inserting ``$44,250'',
``$50,724'', ``$61,680'', ``$79,793'', and ``$87,588'',
respectively.
(e) Section 221(d)(4) Limits.--Section 221(d)(4)(ii) of the
National Housing Act (12 U.S.C. 1715l(d)(4)(ii)) is amended--
(1) by striking ``$30,274'', ``$34,363'', ``$41,536'',
``$52,135'', and ``$59,077'' and inserting ``$37,843'',
``$42,954'', ``$51,920'', ``$65,169'', and ``$73,846'',
respectively; and
(2) by striking ``$32,701'', ``$37,487'', ``$45,583'',
``$58,968'', and ``$64,730'' and inserting ``$40,876'',
``$46,859'', ``$56,979'', ``$73,710'', and ``$80,913'',
respectively.
(f) Section 231 Limits.--Section 231(c)(2) of the National Housing
Act (12 U.S.C. 1715v(c)(2)) is amended--
(1) by striking ``$28,782'', ``$32,176'', ``$38,423'',
``$46,238'', and ``$54,360'' and inserting ``$35,978'',
``$40,220'', ``$48,029'', ``$57,798'', ``$67,950'',
respectively; and
(2) by striking ``$32,701'', ``$37,487'', ``$45,583'',
``$58,968'', and ``$64,730'' and inserting ``$40,876'',
``$46,859'', ``$56,979'', ``$73,710'', and ``$80,913'',
respectively.
(g) Section 234 Limits.--Section 234(e)(3) of the National Housing
Act (12 U.S.C. 1715y(e)(3)) is amended--
(1) by striking ``$30,420'', ``$33,696'', ``$40,248'',
``$49,608'', and ``$56,160'' and inserting ``$38,025'',
``$42,120'', ``$50,310'', ``$62,010'', and ``$70,200'',
respectively; and
(2) by striking ``$35,100'', ``$39,312'', ``$48,204'',
``$60,372'', and ``$68,262'' and inserting ``$43,875'',
``$49,140'', ``$60,255'', ``$75,465'', and ``$85,328'',
respectively.
Sec. 217. Notwithstanding any other provision of law, the Tribal
Student Housing Project proposed by the Cook Inlet Housing Authority is
authorized to be constructed in accordance with its 1998 Indian Housing
Plan from amounts previously appropriated for the benefit of the
Housing Authority, a portion of which may be used as a maintenance
reserve for the completed project.
TITLE III--INDEPENDENT AGENCIES
American Battle Monuments Commission
salaries and expenses
For necessary expenses, not otherwise provided for, of the American
Battle Monuments Commission, including the acquisition of land or
interest in land in foreign countries; purchases and repair of uniforms
for caretakers of national cemeteries and monuments outside of the
United States and its territories and possessions; rent of office and
garage space in foreign countries; purchase (one for replacement only)
and hire of passenger motor vehicles; and insurance of official motor
vehicles in foreign countries, when required by law of such countries,
$28,466,000, to remain available until expended.
Chemical Safety and Hazard Investigation Board
salaries and expenses
For necessary expenses in carrying out activities pursuant to
section 112(r)(6) of the Clean Air Act, including hire of passenger
vehicles, uniforms or allowances therefor, as authorized by 5 U.S.C.
5901-5902, and for services authorized by 5 U.S.C. 3109, but at rates
for individuals not to exceed the per diem equivalent to the maximum
rate payable for senior level positions under 5 U.S.C. 5376,
$7,621,000, $5,121,000 of which to remain available until September 30,
2002 and $2,500,000 of which to remain available until September 30,
2003: Provided, That the Chemical Safety and Hazard Investigation Board
shall have not more than three career Senior Executive Service
positions: Provided further, That, hereafter, there shall be an
Inspector General at the Board who shall have the duties,
responsibilities, and authorities specified in the Inspector General
Act of 1978, as amended: Provided further, That an individual appointed
to the position of Inspector General of the Federal Emergency
Management Agency (FEMA) shall, by virtue of such appointment, also
hold the position of Inspector General of the Board: Provided further,
That the Inspector General of the Board shall utilize personnel of the
Office of Inspector General of FEMA in performing the duties of the
Inspector General of the Board, and shall not appoint any individuals
to positions within the Board.
Department of the Treasury
Community Development Financial Institutions
community development financial institutions
fund program account
To carry out the Community Development Banking and Financial
Institutions Act of 1994, including services authorized by 5 U.S.C.
3109, but at rates for individuals not to exceed the per diem rate
equivalent to the rate for ES-3, $100,000,000, to remain available
until September 30, 2003, of which $5,000,000 shall be for technical
assistance and training programs designed to benefit Native American
communities, and up to $9,850,000 may be used for administrative
expenses, including administration of the New Markets Tax Credit, up to
$6,000,000 may be used for the cost of direct loans, and up to
$1,000,000 may be used for administrative expenses to carry out the
direct loan program: Provided, That the cost of direct loans, including
the cost of modifying such loans, shall be as defined in section 502 of
the Congressional Budget Act of 1974, as amended: Provided further,
That these funds are available to subsidize gross obligations for the
principal amount of direct loans not to exceed $51,800,000.
Consumer Product Safety Commission
salaries and expenses
For necessary expenses of the Consumer Product Safety Commission,
including hire of passenger motor vehicles, services as authorized by 5
U.S.C. 3109, but at rates for individuals not to exceed the per diem
rate equivalent to the maximum rate payable under 5 U.S.C. 5376,
purchase of nominal awards to recognize non-Federal officials'
contributions to Commission activities, and not to exceed $500 for
official reception and representation expenses, $56,200,000, of which
$1,000,000 to remain available until September 30, 2004, shall be for a
research project on sensor technologies.
Corporation for National and Community Service
national and community service programs
operating expenses
(including transfer of funds)
For necessary expenses for the Corporation for National and
Community Service (the ``Corporation'') in carrying out programs,
activities, and initiatives under the National and Community Service
Act of 1990 (the ``Act'') (42 U.S.C. 12501 et seq.), $415,480,000, to
remain available until September 30, 2003: Provided, That not more than
$31,000,000 shall be available for administrative expenses authorized
under section 501(a)(4) of the Act (42 U.S.C. 12671(a)(4)) with not
less than $2,000,000 targeted for the acquisition of a cost accounting
system for the Corporation's financial management system, an integrated
grants management system that provides comprehensive financial
management information for all Corporation grants and cooperative
agreements, and the establishment, operation, and maintenance of a
central archives serving as the repository for all grant, cooperative
agreement, and related documents, without regard to the provisions of
section 501(a)(4)(B) of the Act: Provided further, That not more than
$2,500 shall be for official reception and representation expenses:
Provided further, That of amounts previously transferred to the
National Service Trust, $5,000,000 shall be available for national
service scholarships for high school students performing community
service: Provided further, That not more than $240,492,000 of the
amount provided under this heading shall be available for grants under
the National Service Trust program authorized under subtitle C of title
I of the Act (42 U.S.C. 12571 et seq.) (relating to activities
including the AmeriCorps program), of which not more than $47,000,000
may be used to administer, reimburse, or support any national service
program authorized under section 121(d)(2) of such Act (42 U.S.C.
12581(d)(2)); not more than $25,000,000 shall be made available to
activities dedicated to developing computer and information technology
skills for students and teachers in low-income communities: Provided
further, That not more than $10,000,000 of the funds made available
under this heading shall be made available for the Points of Light
Foundation for activities authorized under title III of the Act (42
U.S.C. 12661 et seq.), of which not more than $2,500,000 may be used to
establish or support an endowment fund, the corpus of which shall
remain intact and the interest income from which shall be used to
support activities described in title III of the Act, provided that the
Foundation may invest the corpus and income in federally insured bank
savings accounts or comparable interest bearing accounts, certificates
of deposit, money market funds, mutual funds, obligations of the United
States, and other market instruments and securities but not in real
estate investments: Provided further, That notwithstanding any other
law $2,500,000 of the funds made available by the Corporation to the
Foundation under Public Law 106-377 may be used in the manner described
in the preceding proviso: Provided further, That no funds shall be
available for national service programs run by Federal agencies
authorized under section 121(b) of such Act (42 U.S.C. 12571(b)):
Provided further, That to the maximum extent feasible, funds
appropriated under subtitle C of title I of the Act shall be provided
in a manner that is consistent with the recommendations of peer review
panels in order to ensure that priority is given to programs that
demonstrate quality, innovation, replicability, and sustainability:
Provided further, That not more than $25,000,000 of the funds made
available under this heading shall be available for the Civilian
Community Corps authorized under subtitle E of title I of the Act (42
U.S.C. 12611 et seq.): Provided further, That not more than $43,000,000
shall be available for school-based and community-based service-
learning programs authorized under subtitle B of title I of the Act (42
U.S.C. 12521 et seq.): Provided further, That not more than $28,488,000
shall be available for quality and innovation activities authorized
under subtitle H of title I of the Act (42 U.S.C. 12853 et seq.):
Provided further, That not more than $15,000,000 shall be available for
grants to support the Veterans Mission for Youth Program: Provided
further, That not more than $5,000,000 shall be available for audits
and other evaluations authorized under section 179 of the Act (42
U.S.C. 12639): Provided further, That to the maximum extent
practicable, the Corporation shall increase significantly the level of
matching funds and in-kind contributions provided by the private
sector, and shall reduce the total Federal costs per participant in all
programs: Provided further, That not more than $7,500,000 of the funds
made available under this heading shall be made available to America's
Promise--The Alliance for Youth, Inc. only to support efforts to
mobilize individuals, groups, and organizations to build and strengthen
the character and competence of the Nation's youth: Provided further,
That not more than $5,000,000 of the funds made available under this
heading shall be made available to the Communities In Schools, Inc. to
support dropout prevention activities: Provided further, That not more
than $2,500,000 of the funds made available under this heading shall be
made available to the YMCA of the USA to support school-based programs
designed to strengthen collaborations and linkages between public
schools and communities: Provided further, That not more than
$1,000,000 of the funds made available under this heading shall be made
available to Teach For America: Provided further, That not more than
$1,500,000 of the funds made available under this heading shall be made
available to Parents As Teachers National Center, Inc. to support
literacy activities.
office of inspector general
For necessary expenses of the Office of Inspector General in
carrying out the Inspector General Act of 1978, as amended, $5,000,000,
to remain available until September 30, 2003.
U.S. Court of Appeals for Veterans Claims
salaries and expenses
For necessary expenses for the operation of the United States Court
of Appeals for Veterans Claims as authorized by 38 U.S.C. 7251-7298,
$13,221,000, of which $895,000 shall be available for the purpose of
providing financial assistance as described, and in accordance with the
process and reporting procedures set forth, under this heading in
Public Law 102-229.
Department of Defense--Civil
Cemeterial Expenses, Army
salaries and expenses
For necessary expenses, as authorized by law, for maintenance,
operation, and improvement of Arlington National Cemetery and Soldiers'
and Airmen's Home National Cemetery, including the purchase of two
passenger motor vehicles for replacement only, and not to exceed $1,000
for official reception and representation expenses, $18,437,000, to
remain available until expended.
Department of Health and Human Services
National Institutes of Health
national institute of environmental health sciences
For necessary expenses for the National Institute of Environmental
Health Sciences in carrying out activities set forth in section 311(a)
of the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980, as amended, $70,228,000.
Agency for Toxic Substances and Disease Registry
salaries and expenses
For necessary expenses for the Agency for Toxic Substances and
Disease Registry (ATSDR) in carrying out activities set forth in
sections 104(i), 111(c)(4), and 111(c)(14) of the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980
(CERCLA), as amended; section 118(f) of the Superfund Amendments and
Reauthorization Act of 1986 (SARA), as amended; and section 3019 of the
Solid Waste Disposal Act, as amended, $78,235,000, to be derived from
the Hazardous Substance Superfund Trust Fund pursuant to section 517(a)
of SARA (26 U.S.C. 9507): Provided, That notwithstanding any other
provision of law, in lieu of performing a health assessment under
section 104(i)(6) of CERCLA, the Administrator of ATSDR may conduct
other appropriate health studies, evaluations, or activities,
including, without limitation, biomedical testing, clinical
evaluations, medical monitoring, and referral to accredited health care
providers: Provided further, That in performing any such health
assessment or health study, evaluation, or activity, the Administrator
of ATSDR shall not be bound by the deadlines in section 104(i)(6)(A) of
CERCLA: Provided further, That none of the funds appropriated under
this heading shall be available for ATSDR to issue in excess of 40
toxicological profiles pursuant to section 104(i) of CERCLA during
fiscal year 2002, and existing profiles may be updated as necessary.
Environmental Protection Agency
science and technology
For science and technology, including research and development
activities, which shall include research and development activities
under the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980, as amended; necessary expenses for personnel and
related costs and travel expenses, including uniforms, or allowances
therefor, as authorized by 5 U.S.C. 5901-5902; services as authorized
by 5 U.S.C. 3109, but at rates for individuals not to exceed the per
diem rate equivalent to the maximum rate payable for senior level
positions under 5 U.S.C. 5376; procurement of laboratory equipment and
supplies; other operating expenses in support of research and
development; construction, alteration, repair, rehabilitation, and
renovation of facilities, not to exceed $75,000 per project,
$665,672,000, which shall remain available until September 30, 2003.
environmental programs and management
For environmental programs and management, including necessary
expenses, not otherwise provided for, for personnel and related costs
and travel expenses, including uniforms, or allowances therefor, as
authorized by 5 U.S.C. 5901-5902; services as authorized by 5 U.S.C.
3109, but at rates for individuals not to exceed the per diem rate
equivalent to the maximum rate payable for senior level positions under
5 U.S.C. 5376; hire of passenger motor vehicles; hire, maintenance, and
operation of aircraft; purchase of reprints; library memberships in
societies or associations which issue publications to members only or
at a price to members lower than to subscribers who are not members;
construction, alteration, repair, rehabilitation, and renovation of
facilities, not to exceed $75,000 per project; and not to exceed $6,000
for official reception and representation expenses, $2,061,996,200,
which shall remain available until September 30, 2003.
office of inspector general
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978, as
amended, and for construction, alteration, repair, rehabilitation, and
renovation of facilities, not to exceed $75,000 per project,
$34,019,000, to remain available until September 30, 2003.
buildings and facilities
For construction, repair, improvement, extension, alteration, and
purchase of fixed equipment or facilities of, or for use by, the
Environmental Protection Agency, $25,318,400, to remain available until
expended.
hazardous substance superfund
(including transfer of funds)
For necessary expenses to carry out the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (CERCLA), as amended,
including sections 111(c)(3), (c)(5), (c)(6), and (e)(4) (42 U.S.C.
9611), and for construction, alteration, repair, rehabilitation, and
renovation of facilities, not to exceed $75,000 per project;
$1,274,645,560 to remain available until expended, consisting of
$634,532,200, as authorized by section 517(a) of the Superfund
Amendments and Reauthorization Act of 1986 (SARA), as amended by Public
Law 101-508, and $640,113,360 as a payment from general revenues to the
Hazardous Substance Superfund for purposes as authorized by section
517(b) of SARA, as amended: Provided, That funds appropriated under
this heading may be allocated to other Federal agencies in accordance
with section 111(a) of CERCLA: Provided further, That of the funds
appropriated under this heading, $11,867,000 shall be transferred to
the ``Office of Inspector General'' appropriation to remain available
until September 30, 2003, and $36,890,500 shall be transferred to the
``Science and technology'' appropriation to remain available until
September 30, 2003.
leaking underground storage tank trust fund
For necessary expenses to carry out leaking underground storage
tank cleanup activities authorized by section 205 of the Superfund
Amendments and Reauthorization Act of 1986, and for construction,
alteration, repair, rehabilitation, and renovation of facilities, not
to exceed $75,000 per project, $71,947,400, to remain available until
expended.
oil spill response
For expenses necessary to carry out the Environmental Protection
Agency's responsibilities under the Oil Pollution Act of 1990,
$14,986,000, to be derived from the Oil Spill Liability trust fund, to
remain available until expended.
state and tribal assistance grants
For environmental programs and infrastructure assistance, including
capitalization grants for State revolving funds and performance
partnership grants, $3,603,015,900, to remain available until expended,
of which $1,350,000,000 shall be for making capitalization grants for
the Clean Water State Revolving Funds under title VI of the Federal
Water Pollution Control Act, as amended (the ``Act''); $850,000,000
shall be for capitalization grants for the Drinking Water State
Revolving Funds under section 1452 of the Safe Drinking Water Act, as
amended, except that, notwithstanding section 1452(n) of the Safe
Drinking Water Act, as amended, none of the funds made available under
this heading in this Act, or in previous appropriations Acts, shall be
reserved by the Administrator for health effects studies on drinking
water contaminants; $75,000,000 shall be for architectural,
engineering, planning, design, construction and related activities in
connection with the construction of high priority water and wastewater
facilities in the area of the United States-Mexico Border, after
consultation with the appropriate border commission; $40,000,000 shall
be for grants to the State of Alaska to address drinking water and
wastewater infrastructure needs of rural and Alaska Native Villages;
$140,000,000 shall be for making grants for the construction of
wastewater and water treatment facilities and groundwater protection
infrastructure in accordance with the terms and conditions specified
for such grants in the Senate report accompanying this Act except that,
notwithstanding any other provision of law, of the funds herein and
hereafter appropriated under this heading for such special needs
infrastructure grants, the Administrator may use up to 3 percent of the
amount of each project appropriated to administer the management and
oversight of construction of such projects through contracts,
allocation to the Corps of Engineers, or grants to States; and
$1,030,782,400 shall be for grants, including associated program
support costs, to States, federally recognized tribes, interstate
agencies, tribal consortia, and air pollution control agencies for
multi-media or single media pollution prevention, control and abatement
and related activities, including activities pursuant to the provisions
set forth under this heading in Public Law 104-134, and for making
grants under section 103 of the Clean Air Act for particulate matter
monitoring and data collection activities of which and subject to terms
and conditions specified by the Administrator, $25,000,000 shall be for
Environmental Information Exchange Network grants, including associated
program support costs: Provided, That for fiscal year 2002, State
authority under section 302(a) of Public Law 104-182 shall remain in
effect: Provided further, That for fiscal year 2002, and
notwithstanding section 518(f) of the Federal Water Pollution Control
Act, as amended, the Administrator is authorized to use the amounts
appropriated for any fiscal year under section 319 of that Act to make
grants to Indian tribes pursuant to section 319(h) and 518(e) of that
Act: Provided further, That for fiscal year 2002, notwithstanding the
limitation on amounts in section 518(c) of the Act, up to a total of
1\1/2\ percent of the funds appropriated for State Revolving Funds
under Title VI of that Act may be reserved by the Administrator for
grants under section 518(c) of such Act: Provided further, That no
funds provided by this legislation to address the water, wastewater and
other critical infrastructure needs of the colonias in the United
States along the United States-Mexico border shall be made available to
a county or municipal government unless that government has established
an enforceable local ordinance, or other zoning rule, which prevents in
that jurisdiction the development or construction of any additional
colonia areas, or the development within an existing colonia the
construction of any new home, business, or other structure which lacks
water, wastewater, or other necessary infrastructure.
administrative provision
For fiscal year 2002, notwithstanding 31 U.S.C. 6303(1) and
6305(1), the Administrator of the Environmental Protection Agency, in
carrying out the Agency's function to implement directly Federal
environmental programs required or authorized by law in the absence of
an acceptable tribal program, may award cooperative agreements to
federally-recognized Indian Tribes or Intertribal consortia, if
authorized by their member Tribes, to assist the Administrator in
implementing Federal environmental programs for Indian Tribes required
or authorized by law, except that no such cooperative agreements may be
awarded from funds designated for State financial assistance
agreements.
Executive Office of the President
office of science and technology policy
For necessary expenses of the Office of Science and Technology
Policy, in carrying out the purposes of the National Science and
Technology Policy, Organization, and Priorities Act of 1976 (42 U.S.C.
6601 and 6671), hire of passenger motor vehicles, and services as
authorized by 5 U.S.C. 3109, not to exceed $2,500 for official
reception and representation expenses, and rental of conference rooms
in the District of Columbia, $5,267,000.
council on environmental quality and office of environmental quality
For necessary expenses to continue functions assigned to the
Council on Environmental Quality and Office of Environmental Quality
pursuant to the National Environmental Policy Act of 1969, the
Environmental Quality Improvement Act of 1970, and Reorganization Plan
No. 1 of 1977, $2,974,000: Provided, That, notwithstanding any other
provision of law, no funds other than those appropriated under this
heading shall be used for or by the Council on Environmental Quality
and Office of Environmental Quality: Provided further, That
notwithstanding section 202 of the National Environmental Policy Act of
1970, the Council shall consist of one member, appointed by the
President, by and with the advice and consent of the Senate, serving as
chairman and exercising all powers, functions, and duties of the
Council.
Federal Deposit Insurance Corporation
office of inspector general
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978, as
amended, $33,660,000, to be derived from the Bank Insurance Fund, the
Savings Association Insurance Fund, and the FSLIC Resolution Fund.
Federal Emergency Management Agency
disaster relief
(including transfer of funds)
For necessary expenses in carrying out the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.),
$359,399,000, and, notwithstanding 42 U.S.C. 5203, to remain available
until expended, of which not to exceed $2,900,000 may be transferred to
``Emergency management planning and assistance'' for the consolidated
emergency management performance grant program; up to $15,000,000 may
be obligated for flood map modernization activities following disaster
declarations; and $21,577,000 may be used by the Office of Inspector
General for audits and investigations.
For an additional amount for ``Disaster relief'', $2,000,000,000,
to remain available until expended: Provided, That the entire amount is
designated by the Congress as an emergency requirement pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended: Provided further, That the entire
amount shall be available only to the extent that an official budget
request for a specific dollar amount, that includes designation of the
entire amount of the request as an emergency requirement as defined in
the Balanced Budget and Emergency Deficit Control Act of 1985, as
amended, is transmitted by the President to the Congress.
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 defined in section 502 of the Congressional Budget Act of
1974, as amended: Provided further, That these funds are available to
subsidize gross obligations for the principal amount of direct loans
not to exceed $25,000,000. In addition, for administrative expenses to
carry out the direct loan program, $543,000.
salaries and expenses
For necessary expenses, not otherwise provided for, including hire
and purchase of motor vehicles as authorized by 31 U.S.C. 1343;
uniforms, or allowances therefor, as authorized by 5 U.S.C. 5901-5902;
services as authorized by 5 U.S.C. 3109, but at rates for individuals
not to exceed the per diem rate equivalent to the maximum rate payable
for senior level positions under 5 U.S.C. 5376; expenses of attendance
of cooperating officials and individuals at meetings concerned with the
work of emergency preparedness; transportation in connection with the
continuity of Government programs to the same extent and in the same
manner as permitted the Secretary of a Military Department under 10
U.S.C. 2632; and not to exceed $2,500 for official reception and
representation expenses, $233,801,000.
office of inspector general
For necessary expenses of the Office of Inspector General in
carrying out the Inspector General Act of 1978, as amended,
$10,303,000: Provided, That notwithstanding any other provision of law,
the Inspector General of the Federal Emergency Management Agency shall
also serve as the Inspector General of the Chemical Safety and Hazard
Investigation Board.
emergency management planning and assistance
For necessary expenses, not otherwise provided for, to carry out
activities under the National Flood Insurance Act of 1968, as amended,
and the Flood Disaster Protection Act of 1973, as amended (42 U.S.C.
4001 et seq.), the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.), the Earthquake Hazards
Reduction Act of 1977, as amended (42 U.S.C. 7701 et seq.), the Federal
Fire Prevention and Control Act of 1974, as amended (15 U.S.C. 2201 et
seq.), the Defense Production Act of 1950, as amended (50 U.S.C. App.
2061 et seq.), sections 107 and 303 of the National Security Act of
1947, as amended (50 U.S.C. 404-405), and Reorganization Plan No. 3 of
1978, $279,623,000: Provided, That for purposes of pre-disaster
mitigation pursuant to 42 U.S.C. 5131(b) and (c) and 42 U.S.C. 5196(e)
and (i), $25,000,000 of the funds made available under this heading
shall be available until expended for project grants.
For an additional amount for ``Emergency management planning and
assistance'', $150,000,000 for programs as authorized by section 33 of
the Federal Fire Prevention and Control Act of 1974, as amended (15
U.S.C. 2201 et seq.).
radiological emergency preparedness fund
The aggregate charges assessed during fiscal year 2002, as
authorized by Public Law 106-377, shall not be less than 100 percent of
the amounts anticipated by FEMA necessary for its radiological
emergency preparedness program for the next fiscal year. The
methodology for assessment and collection of fees shall be fair and
equitable; and shall reflect costs of providing such services,
including administrative costs of collecting such fees. Fees received
pursuant to this section shall be deposited in the Fund as offsetting
collections and will become available for authorized purposes on
October 1, 2002, and remain available until expended.
emergency food and shelter program
To carry out an emergency food and shelter program pursuant to
title III of Public Law 100-77, as amended, $139,692,000, to remain
available until expended: Provided, That total administrative costs
shall not exceed 3\1/2\ percent of the total appropriation.
national flood insurance fund
(including transfers of funds)
For activities under the National Flood Insurance Act of 1968
(``the Act''), the Flood Disaster Protection Act of 1973, as amended,
not to exceed $28,798,000 for salaries and expenses associated with
flood mitigation and flood insurance operations, and not to exceed
$76,381,000 for flood mitigation, including up to $20,000,000 for
expenses under section 1366 of the Act, which amount shall be available
for transfer to the National Flood Mitigation Fund until September 30,
2003. In fiscal year 2002, no funds in excess of: (1) $55,000,000 for
operating expenses; (2) $536,750,000 for agents' commissions and taxes;
and (3) $30,000,000 for interest on Treasury borrowings shall be
available from the National Flood Insurance Fund without prior notice
to the Committees on Appropriations.
In addition, up to $7,000,000 in fees collected but unexpended
during fiscal years 2000 through 2001 shall be transferred to the Flood
Map Modernization Fund and available for expenditure in fiscal year
2002.
Section 1309(a)(2) of the Act (42 U.S.C. 4016(a)(2)), as amended,
is further amended by striking ``December 31, 2001'' and inserting
``December 31, 2002''.
Section 1319 of the Act, as amended (42 U.S.C. 4026), is amended by
striking ``September 30, 2001'' and inserting ``December 31, 2002''.
Section 1336 of the Act, as amended (42 U.S.C. 4056), is amended by
striking ``September 30, 2001'' and inserting ``December 31, 2002''.
The first sentence of section 1376(c) of the Act, as amended (42
U.S.C. 4127(c)), is amended by striking ``December 31, 2001'' and
inserting ``December 31, 2002''.
national flood mitigation fund
Notwithstanding sections 1366(b)(3)(B)-(C) and 1366(f) of the
National Flood Insurance Act of 1968, as amended, $20,000,000, to
remain available until September 30, 2003, for activities designed to
reduce the risk of flood damage to structures pursuant to such Act, of
which $20,000,000 shall be derived from the National Flood Insurance
Fund.
General Services Administration
federal consumer information center fund
For necessary expenses of the Federal Consumer Information Center,
including services authorized by 5 U.S.C. 3109, $7,276,000, to be
deposited into the Federal Consumer Information Center Fund: Provided,
That the appropriations, revenues, and collections deposited into the
Fund shall be available for necessary expenses of Federal Consumer
Information Center activities in the aggregate amount of $12,000,000.
Appropriations, revenues, and collections accruing to this Fund during
fiscal year 2002 in excess of $12,000,000 shall remain in the Fund and
shall not be available for expenditure except as authorized in
appropriations Acts.
National Aeronautics and Space Administration
human space flight
(including transfer of funds)
For necessary expenses, not otherwise provided for, in the conduct
and support of human space flight research and development activities,
including research, development, operations, support and services;
maintenance; construction of facilities including repair,
rehabilitation, revitalization and modification of facilities,
construction of new facilities and additions to existing facilities,
facility planning and design, environmental compliance and restoration,
and acquisition or condemnation of real property, as authorized by law;
space flight, spacecraft control and communications activities
including operations, production, and services; program management;
personnel and related costs, including uniforms or allowances therefor,
as authorized by 5 U.S.C. 5901-5902; travel expenses; purchase and hire
of passenger motor vehicles; not to exceed $20,000 for official
reception and representation expenses; and purchase, lease, charter,
maintenance and operation of mission and administrative aircraft,
$6,868,000,000, to remain available until September 30, 2003, of which
amounts as determined by the Administrator for salaries and benefits;
training, travel and awards; facility and related costs; information
technology services; science, engineering, fabricating and testing
services; and other administrative services may be transferred to the
Science, Aeronautics and Technology account in accordance with section
312(b) of the National Aeronautics and Space Act of 1958, as amended by
Public Law 106-377: Provided, That the funding level for Development
and Operation of the International Space Station shall not exceed
$1,781,300,000 for fiscal year 2002, $1,500,400,000 for fiscal year
2003, $1,203,800,000 for fiscal year 2004, $1,078,300,000 for fiscal
year 2005 and $1,099,600,000 for fiscal year 2006: Provided further,
That the President shall certify, and report such certification to the
Senate Committees on Appropriations and Commerce, Science and
Transportation and to the House of Representatives Committees on
Appropriations and Science, that any proposal to exceed these limits,
or enhance the International Space Station design above the content
planned for U.S. core complete, is (1) necessary and of the highest
priority to enhance the goal of world class research in space aboard
the International Space Station; (2) within acceptable risk levels,
having no major unresolved technical issues and a high confidence in
cost and schedule estimates, and independently validated; and (3)
affordable within the multi-year funding available to the International
Space Station program as defined above or, if exceeds such amounts,
these additional resources are not achieved through any funding
reduction to programs contained in Space Science, Earth Science and
Aeronautics.
science, aeronautics and technology
For necessary expenses, not otherwise provided for, in the conduct
and support of science, aeronautics and technology research and
development activities, including research, development, operations,
support and services; maintenance; construction of facilities including
repair, rehabilitation, revitalization, and modification of facilities,
construction of new facilities and additions to existing facilities,
facility planning and design, environmental compliance and restoration,
and acquisition or condemnation of real property, as authorized by law;
space flight, spacecraft control and communications activities
including operations, production, and services; program management;
personnel and related costs, including uniforms or allowances therefor,
as authorized by 5 U.S.C. 5901-5902; travel expenses; purchase and hire
of passenger motor vehicles; not to exceed $20,000 for official
reception and representation expenses; and purchase, lease, charter,
maintenance and operation of mission and administrative aircraft,
$7,669,700,000, to remain available until September 30, 2003.
office of inspector general
For necessary expenses of the Office of Inspector General in
carrying out the Inspector General Act of 1978, as amended,
$23,700,000.
administrative provisions
Notwithstanding the limitation on the availability of funds
appropriated for ``Human space flight'', or ``Science, aeronautics and
technology'' by this appropriations Act, when any activity has been
initiated by the incurrence of obligations for construction of
facilities as authorized by law, such amount available for such
activity shall remain available until expended. This provision does not
apply to the amounts appropriated for institutional minor
revitalization and construction of facilities, and institutional
facility planning and design.
Notwithstanding the limitation on the availability of funds
appropriated for ``Human space flight'', or ``Science, aeronautics and
technology'' by this appropriations Act, the amounts appropriated for
construction of facilities shall remain available until September 30,
2004.
Notwithstanding the limitation on the availability of funds
appropriated for ``Office of Inspector General'', amounts made
available by this Act for personnel and related costs and travel
expenses of the National Aeronautics and Space Administration shall
remain available until September 30, 2002 and may be used to enter into
contracts for training, investigations, costs associated with personnel
relocation, and for other services, to be provided during the next
fiscal year. Funds for announced prizes otherwise authorized shall
remain available, without fiscal year limitation, until the prize is
claimed or the offer is withdrawn.
National Credit Union Administration
central liquidity facility
(including transfer of funds)
During fiscal year 2002, gross obligations of the Central Liquidity
Facility for the principal amount of new direct loans to member credit
unions, as authorized by 12 U.S.C. 1795 et seq., shall not exceed
$1,500,000,000: Provided, That administrative expenses of the Central
Liquidity Facility shall not exceed $309,000: Provided further, That
$1,000,000 shall be transferred to the Community Development Revolving
Loan Fund, of which $650,000, together with amounts of principal and
interest on loans repaid, shall be available until expended for loans
to community development credit unions, and $350,000 shall be available
until expended for technical assistance to low-income and community
development credit unions.
National Science Foundation
research and related activities
For necessary expenses in carrying out the National Science
Foundation Act of 1950, as amended (42 U.S.C. 1861-1875), and the Act
to establish a National Medal of Science (42 U.S.C. 1880-1881);
services as authorized by 5 U.S.C. 3109; authorized travel; maintenance
and operation of aircraft and purchase of flight services for research
support; acquisition of aircraft; $3,514,481,000, of which not to
exceed $285,000,000 shall remain available until expended for Polar
research and operations support, and for reimbursement to other Federal
agencies for operational and science support and logistical and other
related activities for the United States Antarctic program; the balance
to remain available until September 30, 2003: Provided, That receipts
for scientific support services and materials furnished by the National
Research Centers and other National Science Foundation supported
research facilities may be credited to this appropriation: Provided
further, That to the extent that the amount appropriated is less than
the total amount authorized to be appropriated for included program
activities, all amounts, including floors and ceilings, specified in
the authorizing Act for those program activities or their subactivities
shall be reduced proportionally: Provided further, That $75,000,000 of
the funds available under this heading shall be made available for a
comprehensive research initiative on plant genomes for economically
significant crops.
major research equipment
For necessary expenses of major construction projects pursuant to
the National Science Foundation Act of 1950, as amended, including
authorized travel, $108,832,000, to remain available until expended.
education and human resources
For necessary expenses in carrying out science and engineering
education and human resources programs and activities pursuant to the
National Science Foundation Act of 1950, as amended (42 U.S.C. 1861-
1875), including services as authorized by 5 U.S.C. 3109, authorized
travel, and rental of conference rooms in the District of Columbia,
$872,407,000, to remain available until September 30, 2003: Provided,
That to the extent that the amount of this appropriation is less than
the total amount authorized to be appropriated for included program
activities, all amounts, including floors and ceilings, specified in
the authorizing Act for those program activities or their subactivities
shall be reduced proportionally: Provided further, That $15,000,000
shall be available for the innovation partnership program.
salaries and expenses
For salaries and expenses necessary in carrying out the National
Science Foundation Act of 1950, as amended (42 U.S.C. 1861-1875);
services authorized by 5 U.S.C. 3109; hire of passenger motor vehicles;
not to exceed $9,000 for official reception and representation
expenses; uniforms or allowances therefor, as authorized by 5 U.S.C.
5901-5902; rental of conference rooms in the District of Columbia;
reimbursement of the General Services Administration for security guard
services; $170,040,000: Provided, That contracts may be entered into
under ``Salaries and expenses'' in fiscal year 2002 for maintenance and
operation of facilities, and for other services, to be provided during
the next fiscal year.
office of inspector general
For necessary expenses of the Office of Inspector General as
authorized by the Inspector General Act of 1978, as amended,
$6,760,000, to remain available until September 30, 2003.
Neighborhood Reinvestment Corporation
payment to the neighborhood reinvestment corporation
For payment to the Neighborhood Reinvestment Corporation for use in
neighborhood reinvestment activities, as authorized by the Neighborhood
Reinvestment Corporation Act (42 U.S.C. 8101-8107), $100,000,000, of
which $10,000,000 shall be for a homeownership program that is used in
conjunction with section 8 assistance under the United States Housing
Act of 1937, as amended.
Selective Service System
salaries and expenses
For necessary expenses of the Selective Service System, including
expenses of attendance at meetings and of training for uniformed
personnel assigned to the Selective Service System, as authorized by 5
U.S.C. 4101-4118 for civilian employees; and not to exceed $1,000 for
official reception and representation expenses; $25,003,000: Provided,
That during the current fiscal year, the President may exempt this
appropriation from the provisions of 31 U.S.C. 1341, whenever the
President deems such action to be necessary in the interest of national
defense: Provided further, That none of the funds appropriated by this
Act may be expended for or in connection with the induction of any
person into the Armed Forces of the United States.
TITLE IV--GENERAL PROVISIONS
Sec. 401. Where appropriations in titles I, II, and III of this Act
are expendable for travel expenses and no specific limitation has been
placed thereon, the expenditures for such travel expenses may not
exceed the amounts set forth therefor in the budget estimates submitted
for the appropriations: Provided, That this provision does not apply to
accounts that do not contain an object classification for travel:
Provided further, That this section shall not apply to travel performed
by uncompensated officials of local boards and appeal boards of the
Selective Service System; to travel performed directly in connection
with care and treatment of medical beneficiaries of the Department of
Veterans Affairs; to travel performed in connection with major
disasters or emergencies declared or determined by the President under
the provisions of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act; to travel performed by the Offices of Inspector General
in connection with audits and investigations; or to payments to
interagency motor pools where separately set forth in the budget
schedules: Provided further, That if appropriations in titles I, II,
and III exceed the amounts set forth in budget estimates initially
submitted for such appropriations, the expenditures for travel may
correspondingly exceed the amounts therefor set forth in the estimates
only to the extent such an increase is approved by the Committees on
Appropriations.
Sec. 402. Appropriations and funds available for the administrative
expenses of the Department of Housing and Urban Development and the
Selective Service System shall be available in the current fiscal year
for purchase of uniforms, or allowances therefor, as authorized by 5
U.S.C. 5901-5902; hire of passenger motor vehicles; and services as
authorized by 5 U.S.C. 3109.
Sec. 403. Funds of the Department of Housing and Urban Development
subject to the Government Corporation Control Act or section 402 of the
Housing Act of 1950 shall be available, without regard to the
limitations on administrative expenses, for legal services on a
contract or fee basis, and for utilizing and making payment for
services and facilities of the Federal National Mortgage Association,
Government National Mortgage Association, Federal Home Loan Mortgage
Corporation, Federal Financing Bank, Federal Reserve banks or any
member thereof, Federal Home Loan banks, and any insured bank within
the meaning of the Federal Deposit Insurance Corporation Act, as
amended (12 U.S.C. 1811-1831).
Sec. 404. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 405. No funds appropriated by this Act may be expended--
(1) pursuant to a certification of an officer or employee
of the United States unless--
(A) such certification is accompanied by, or is
part of, a voucher or abstract which describes the
payee or payees and the items or services for which
such expenditure is being made; or
(B) the expenditure of funds pursuant to such
certification, and without such a voucher or abstract,
is specifically authorized by law; and
(2) unless such expenditure is subject to audit by the
General Accounting Office or is specifically exempt by law from
such audit.
Sec. 406. None of the funds provided in this Act to any department
or agency may be expended for the transportation of any officer or
employee of such department or agency between their domicile and their
place of employment, with the exception of any officer or employee
authorized such transportation under 31 U.S.C. 1344 or 5 U.S.C. 7905.
Sec. 407. None of the funds provided in this Act may be used for
payment, through grants or contracts, to recipients that do not share
in the cost of conducting research resulting from proposals not
specifically solicited by the Government: Provided, That the extent of
cost sharing by the recipient shall reflect the mutuality of interest
of the grantee or contractor and the Government in the research.
Sec. 408. None of the funds in this Act may be used, directly or
through grants, to pay or to provide reimbursement for payment of the
salary of a consultant (whether retained by the Federal Government or a
grantee) at more than the daily equivalent of the rate paid for level
IV of the Executive Schedule, unless specifically authorized by law.
Sec. 409. None of the funds provided in this Act shall be used to
pay the expenses of, or otherwise compensate, non-Federal parties
intervening in regulatory or adjudicatory proceedings. Nothing herein
affects the authority of the Consumer Product Safety Commission
pursuant to section 7 of the Consumer Product Safety Act (15 U.S.C.
2056 et seq.).
Sec. 410. Except as otherwise provided under existing law, or under
an existing Executive Order issued pursuant to an existing law, the
obligation or expenditure of any appropriation under this Act for
contracts for any consulting service shall be limited to contracts
which are: (1) a matter of public record and available for public
inspection; and (2) thereafter included in a publicly available list of
all contracts entered into within 24 months prior to the date on which
the list is made available to the public and of all contracts on which
performance has not been completed by such date. The list required by
the preceding sentence shall be updated quarterly and shall include a
narrative description of the work to be performed under each such
contract.
Sec. 411. Except as otherwise provided by law, no part of any
appropriation contained in this Act shall be obligated or expended by
any executive agency, as referred to in the Office of Federal
Procurement Policy Act (41 U.S.C. 401 et seq.), for a contract for
services unless such executive agency: (1) has awarded and entered into
such contract in full compliance with such Act and the regulations
promulgated thereunder; and (2) requires any report prepared pursuant
to such contract, including plans, evaluations, studies, analyses and
manuals, and any report prepared by the agency which is substantially
derived from or substantially includes any report prepared pursuant to
such contract, to contain information concerning: (A) the contract
pursuant to which the report was prepared; and (B) the contractor who
prepared the report pursuant to such contract.
Sec. 412. Except as otherwise provided in section 406, none of the
funds provided in this Act to any department or agency shall be
obligated or expended to provide a personal cook, chauffeur, or other
personal servants to any officer or employee of such department or
agency.
Sec. 413. None of the funds provided in this Act to any department
or agency shall be obligated or expended to procure passenger
automobiles as defined in 15 U.S.C. 2001 with an EPA estimated miles
per gallon average of less than 22 miles per gallon.
Sec. 414. None of the funds appropriated in title I of this Act
shall be used to enter into any new lease of real property if the
estimated annual rental is more than $300,000 unless the Secretary
submits a report which the Committees on Appropriations of the Congress
approve within 30 days following the date on which the report is
received.
Sec. 415. (a) It is the sense of the Congress that, to the greatest
extent practicable, all equipment and products purchased with funds
made available in this Act should be American-made.
(b) In providing financial assistance to, or entering into any
contract with, any entity using funds made available in this Act, the
head of each Federal agency, to the greatest extent practicable, shall
provide to such entity a notice describing the statement made in
subsection (a) by the Congress.
Sec. 416. None of the funds appropriated in this Act may be used to
implement any cap on reimbursements to grantees for indirect costs,
except as published in Office of Management and Budget Circular A-21.
Sec. 417. Such sums as may be necessary for fiscal year 2002 pay
raises for programs funded by this Act shall be absorbed within the
levels appropriated in this Act.
Sec. 418. None of the funds made available in this Act may be used
for any program, project, or activity, when the program, project, or
activity is not in compliance with any Federal law relating to risk
assessment, the protection of private property rights, or unfunded
mandates.
Sec. 419. Corporations and agencies of the Department of Housing
and Urban Development which are subject to the Government Corporation
Control Act, as amended, are hereby authorized to make such
expenditures, within the limits of funds and borrowing authority
available to each such corporation or agency and in accord with law,
and to make such contracts and commitments without regard to fiscal
year limitations as provided by section 104 of such Act as may be
necessary in carrying out the programs set forth in the budget for 2002
for such corporation or agency except as hereinafter provided:
Provided, That collections of these corporations and agencies may be
used for new loan or mortgage purchase commitments only to the extent
expressly provided for in this Act (unless such loans are in support of
other forms of assistance provided for in this or prior appropriations
Acts), except that this proviso shall not apply to the mortgage
insurance or guaranty operations of these corporations, or where loans
or mortgage purchases are necessary to protect the financial interest
of the United States Government.
Sec. 420. Notwithstanding any other provision of law, the term
``qualified student loan'' with respect to national service education
awards shall mean any loan determined by an institution of higher
education to be necessary to cover a student's cost of attendance at
such institution and made directly to a student by a state agency, in
addition to other meanings under section 148(b)(7) of the National and
Community Service Act.
Sec. 421. Unless otherwise provided for in this Act, no part of any
appropriation for the Department of Housing and Urban Development shall
be available for any activity in excess of amounts set forth in the
budget estimates submitted to Congress.
Sec. 422. None of the funds appropriated or otherwise made
available by this Act shall be used to promulgate a final regulation to
implement changes in the payment of pesticide tolerance processing fees
as proposed at 64 Fed. Reg. 31040, or any similar proposals. The
Environmental Protection Agency may proceed with the development of
such a rule.
Sec. 423. Except in the case of entities that are funded solely
with Federal funds or any natural persons that are funded under this
Act, none of the funds in this Act shall be used for the planning or
execution of any program to pay the expenses of, or otherwise
compensate, non-Federal parties to lobby or litigate in respect to
adjudicatory proceedings funded in this Act. A chief executive officer
of any entity receiving funds under this Act shall certify that none of
these funds have been used to engage in the lobbying of the Federal
Government or in litigation against the United States unless authorized
under existing law.
Sec. 424. No part of any funds appropriated in this Act shall be
used by an agency of the executive branch, other than for normal and
recognized executive-legislative relationships, for publicity or
propaganda purposes, and for the preparation, distribution or use of
any kit, pamphlet, booklet, publication, radio, television or film
presentation designed to support or defeat legislation pending before
the Congress, except in presentation to the Congress itself.
Sec. 425. None of the funds provided in Title II for technical
assistance, training, or management improvements may be obligated or
expended unless HUD provides to the Committees on Appropriations a
description of each proposed activity and a detailed budget estimate of
the costs associated with each activity as part of the Budget
Justifications. For fiscal year 2002, HUD shall transmit this
information to the Committees by January 8, 2002 for 30 days of review.
Sec. 426. Section 70113(f) of title 49, United States Code, is
amended by striking ``December 31, 2001'', and inserting ``December 31,
2002''.
Sec. 427. All Departments and agencies funded under this Act are
encouraged, within the limits of the existing statutory authorities and
funding, to expand their use of ``E-Commerce'' technologies and
procedures in the conduct of their business practices and public
service activities.
This Act may be cited as the ``Departments of Veterans Affairs and
Housing and Urban Development, and Independent Agencies Appropriations
Act, 2002''.
Calendar No. 97
107th CONGRESS
1st Session
S. 1216
[Report No. 107-43]
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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.
_______________________________________________________________________
July 20, 2001
Read twice and placed on the calendar