[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4635 Engrossed Amendment Senate (EAS)]
In the Senate of the United States,
October 12 (legislative day, September 22), 2000.
Resolved, That the bill from the House of Representatives (H.R. 4635)
entitled ``An Act 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, 2001, and for other purposes.'', do pass with
the following
AMENDMENT:
Strike out all after the enacting clause and insert:
DIVISION A
That the following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, 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, 2001, 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), $22,766,276,000, to remain available until expended:
Provided, That not to exceed $17,419,000 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, $1,634,000,000,
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,
$19,850,000, 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 2001, 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, $162,000,000, 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, $220,000, 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, $52,000, 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 $2,726,000.
In addition, for administrative expenses necessary to carry
out the direct loan program, $432,000, 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, $532,000, 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., $20,281,587,000,
plus reimbursements: Provided, That of the funds made available
under this heading, $900,000,000 is for the equipment and land
and structures object classifications only, which amount shall
not become available for obligation until August 1, 2001, and
shall remain available until September 30, 2002: Provided
further, That of the funds made available under this heading,
not to exceed $500,000,000 shall be available until September
30, 2002: Provided further, That of the funds made available
under this heading, not to exceed $28,134,000 may be
transferred to and merged with the appropriation for ``General
operating expenses'': 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.
None of the foregoing funds may be transferred to the
Department of Justice for the purposes of supporting tobacco
litigation.
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,
2002, $351,000,000, 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, $62,000,000
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,
2001.
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,
$1,050,000,000: 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 $45,000,000
shall be available until September 30, 2002: Provided further,
That funds under this heading shall be available to administer
the Service Members Occupational Conversion and Training Act.
national cemetery administration
(including transfer of funds)
For necessary expenses for the maintenance and operation of
the National Cemetery Administration, not otherwise provided
for, including uniforms or allowances therefor; cemeterial
expenses as authorized by law; purchase of two passenger motor
vehicles for use in cemeterial operations; and hire of
passenger motor vehicles, $109,889,000: Provided, That travel
expenses shall not exceed $1,125,000: Provided further, That of
the amount made available under this heading, not to exceed
$125,000 may be transferred to and merged with the
appropriation for ``General operating expenses''.
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,
$46,464,000: Provided, That of the amount made available under
this heading, not to exceed $28,000 may be transferred to and
merged with the appropriation for ``General operating
expenses''.
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, $66,040,000, to remain available until expended:
Provided, That except for advance planning of projects
(including market-based assessments of health care needs which
may or may not lead to capital investments) funded through the
advance planning fund and the design of projects funded through
the design fund, none of these funds shall be used for any
project which has not been considered and approved by the
Congress in the budgetary process: Provided further, That funds
provided in this appropriation for fiscal year 2001, for each
approved project shall be obligated: (1) by the awarding of a
construction documents contract by September 30, 2001; and (2)
by the awarding of a construction contract by September 30,
2002: 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,
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, $162,000,000, 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: Provided, 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, 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 2001 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 2001 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 2001 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 2000.
Sec. 106. Appropriations accounts available to the Department
of Veterans Affairs for fiscal year 2001 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 2001, 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 2001, 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 2001, 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. Notwithstanding any other provision of law,
collections authorized by the Veterans Millennium Health Care
and Benefits Act (Public Law 106-117) and credited to the
appropriate Department of Veterans Affairs accounts in fiscal
year 2001, shall not be available for obligation or expenditure
unless appropriation language making such funds available is
enacted.
Sec. 109. In accordance with section 1557 of title 31, United
States Code, the following obligated balance shall be exempt
from subchapter IV of chapter 15 of such title and shall remain
available for expenditure until September 30, 2003: funds
obligated by the Department of Veterans Affairs for a contract
with the Institute for Clinical Research to study the
application of artificial neural networks to the diagnosis and
treatment of prostate cancer through the Cooperative DoD/VA
Medical Research program from funds made available to the
Department of Veterans Affairs by the Department of Defense
Appropriations Act, 1995 (Public Law 103-335) under the heading
``Research, Development, Test and Evaluation, Defense-Wide''.
Sec. 110. As HR LINK$ will not be part of the Franchise Fund
in fiscal year 2001, funds budgeted in customer accounts to
purchase HR LINK$ services from the Franchise Fund shall be
transferred to the General Administration portion of the
``General operating expenses'' appropriation in the following
amounts: $78,000 from the ``Office of Inspector General'',
$358,000 from the ``National cemetery administration'',
$1,106,000 from ``Medical care'', $84,000 from ``Medical
administration and miscellaneous operating expenses'', and
$38,000 shall be reprogrammed within the ``General operating
expenses'' appropriation from the Veterans Benefits
Administration to General Administration for the same purpose.
Sec. 111. Not to exceed $1,600,000 from the ``Medical care''
appropriation shall be transferred to the ``General operating
expenses'' appropriation to fund personnel services costs of
employees providing legal services and administrative support
for the Office of General Counsel.
Sec. 112. Not to exceed $1,200,000 may be transferred from
the ``Medical care'' appropriation to the ``General operating
expenses'' appropriation to fund contracts and services in
support of the Veterans Benefits Administration's Benefits
Delivery Center, Systems Development Center, and Finance
Center, located at the Department of Veterans Affairs Medical
Center, Hines, Illinois.
Sec. 113. Not to exceed $4,500,000 from the ``Construction,
minor projects'' appropriation and not to exceed $2,000,000
from the ``Medical care'' appropriation may be transferred to
and merged with the Parking Revolving Fund for surface parking
lot projects.
Sec. 114. Notwithstanding any other provision of this Act,
none of the funds appropriated or otherwise made available in
this Act for ``Medical care'' appropriations of the Department
of Veterans Affairs may be obligated for the realignment of the
health care delivery system in Veterans Integrated Service
Network 12 (VISN 12) until 60 days after the Secretary of
Veterans Affairs certifies that the Department has: (1)
consulted with veterans organizations, medical school
affiliates, employee representatives, State veterans and health
associations, and other interested parties with respect to the
realignment plan to be implemented; and (2) made available to
the Congress and the public information from the consultations
regarding possible impacts on the accessibility of veterans
health care services to affected veterans.
TITLE II--DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Public and Indian Housing
housing certificate fund
(including 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,
$13,940,907,000 and amounts that are recaptured in this account
to remain available until expended: Provided, That of the total
amount provided under this heading, $12,972,000,000, of which
$8,772,000,000 shall be available on October 1, 2000 and
$4,200,000,000 shall be available on October 1, 2001, shall be
for assistance under the United States Housing Act of 1937
(``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 United States Housing Act of 1937 (47 U.S.C. 1437f(t)),
contract administrators, and contracts entered into pursuant to
section 441 of the Stewart B. McKinney 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 section 24 of the United States Housing Act of 1937
or to other authority for the revitalization of severely
distressed public housing, as set forth in the Appropriations
Acts for the Departments of Veterans Affairs and Housing and
Urban Development, and Independent Agencies for fiscal years
1993, 1994, 1995, and 1997, and in 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 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 $11,000,000 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, $452,907,000
shall be made available for incremental vouchers under section
8 of the United States Housing Act of 1937 on a fair share
basis and administered by public housing agencies: Provided
further, That of the total amount provided under this heading,
up to $7,000,000 shall be made available for the completion of
the Jobs Plus Demonstration: 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
United States Housing Act of 1937: 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
$1,833,000,000 is 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'' or any other heading for
fiscal year 2000 and prior years: Provided further, That any
such balances governed by reallocation provisions under the
statute authorizing the program for which the funds were
originally appropriated shall not be available for this
rescission: Provided further, That the Secretary shall have
until September 30, 2001, to meet the rescission in the proviso
preceding the immediately preceding proviso: 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), $3,000,000,000, to remain
available until expended, of which up to $50,000,000 shall be
for carrying out activities under section 9(h) of such Act, for
lease adjustments to section 23 projects and $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: 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 2001.
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), $3,242,000,000, to remain available until expended:
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.
drug elimination grants for low-income housing
(including transfers of funds)
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, $310,000,000, 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, and $10,000,000
shall be used in connection with efforts to combat violent
crime in public and assisted housing under the Operation Safe
Home Program administered by the Inspector General of the
Department of Housing and Urban Development: Provided further,
That of the amount under this heading, $10,000,000 shall be
provided to the Office of Inspector General for Operation Safe
Home: 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, $575,000,000 to remain
available until expended, of which the Secretary may use up to
$10,000,000 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), $650,000,000, to remain available until expended,
of which $6,000,000 shall be to support the inspection of
Indian housing units, contract expertise, training, and
technical assistance in the training, oversight, and management
of Indian housing and tenant-based assistance, including up to
$300,000 for related travel: Provided, That of the amount
provided under this heading, $6,000,000 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: Provided further,
That of the amount provided in this heading, $2,000,000 shall
be transferred to the Working Capital Fund for development and
maintaining information technology systems.
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), $6,000,000, 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
$71,956,000.
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.
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), $258,000,000, to remain available until
expended: 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 1 percent 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, 2001, 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, $90,000,000, to remain
available until expended: Provided, That $75,000,000 shall be
available for the Secretary of Housing and Urban Development
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: Provided further, That $15,000,000 shall be
available to the Secretary of Agriculture for grants for
designated empowerment zones in rural areas and for grants for
designated rural enterprise communities.
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, $5,057,550,000: Provided,
That of the amount provided, $4,410,000,000 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), to remain available
until September 30, 2003: Provided further, That $71,000,000
shall be for 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, $10,000,000 shall be available as a grant to the
National Housing Development Corporation, for operating
expenses not to exceed $2,000,000 and for a program of
affordable housing acquisition and rehabilitation, and
$45,500,000 shall be for grants pursuant to section 107 of the
Act of which $3,000,000 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 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 Housing and Community Development Act of 1974, as
amended) shall be expended for ``Planning and Management
Development'' and ``Administration'' as defined in regulations
promulgated by the department: Provided further, That
$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.
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, of which
not less than $5,000,000 of the funding shall be used in rural
areas, including tribal areas, and of which $3,450,000 shall be
made available 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, $44,000,000
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:
Provided, that any unobligated balances of amounts set aside
for neighborhood initiatives in fiscal years 1998, 1999, and
2000 may be utilized for any of the foregoing purposes:
Provided further, That these grants shall be provided in accord
with the terms and conditions specified in the statement of
managers accompanying this conference report.
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, $4,000,000 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 amounts made available under this heading, $2,000,000
shall be available to the Utah Housing Finance Agency for the
temporary use of relocatable housing during the 2002 Winter
Olympic Games provided such housing is targeted to the housing
needs of low-income families after the Games.
Of the amount made available under this heading, $292,000,000
shall be available for grants for the Economic Development
Initiative (EDI) to finance a variety of targeted economic
investments in accordance with the terms and conditions
specified in the statement of managers accompanying this
conference report.
For the cost of guaranteed loans, $29,000,000, as authorized
by section 108 of the Housing and Community Development Act of
1974: 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
$1,261,000,000, notwithstanding any aggregate limitation on
outstanding obligations guaranteed in section 108(k) of the
Housing and Community Development Act of 1974: 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 expended: 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, $1,800,000,000 to remain available
until expended: Provided, That 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: Provided
further, That $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 Stewart B. McKinney 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 Stewart B. McKinney Homeless Assistance Act; and the
shelter plus care program (as authorized under subtitle F of
title IV of such Act), $1,025,000,000, to remain available
until expended: 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 up to 1.5 percent 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 2001 and 2002 under the Shelter Plus Care
program, as authorized under subtitle F of title IV of the
Stewart B. McKinney Homeless Assistance Act, as amended,
$100,000,000, 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,
$996,000,000, to remain available until expended: Provided,
That $779,000,000 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 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, $217,000,000 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: Provided further, That $1,000,000, 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 5 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, 2000, and
any collections made during fiscal year 2001, shall be
transferred to the Flexible Subsidy Fund, as authorized by
section 236(g) of the National Housing Act, as amended.
Federal Housing Administration
fha--mutual mortgage insurance program account
(including transfers of funds)
During fiscal year 2001, 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 2001, 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, $330,888,000, of which not
to exceed $324,866,000 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, of which
$96,500,000 shall be transferred to the Working Capital Fund
for the development and maintenance of information technology
systems: Provided, That to the extent guaranteed loan
commitments exceed $65,500,000,000 on or before April 1, 2001
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.
fha--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), $101,000,000, 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, $211,455,000, of
which $193,134,000, 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, of which $33,500,000 shall be transferred to the
Working Capital Fund for the development and maintenance of
information technology systems: Provided, That to the extent
guaranteed loan commitments exceed $8,426,000,000 on or before
April 1, 2001, 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
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, 2002.
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, $53,500,000, to remain available until
September 30, 2002: Provided, That of the amount provided under
this heading, $10,000,000 shall be for the Partnership for
Advancing Technology in Housing (PATH) Initiative: Provided
further, 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 $500,000, to remain available until expended,
shall be for a commission as established under section 525 of
Preserving Affordable Housing for Senior Citizens and Families
into the 21st Century Act.
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, $46,000,000, to remain available until
September 30, 2002, 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, $100,000,000 to remain available until
expended, of which $1,000,000 shall be for CLEARCorps and
$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
environmental diseases and hazards.
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, $1,072,000,000,
of which $518,000,000 shall be provided from the various funds
of the Federal Housing Administration, $9,383,000 shall be
provided from funds of the Government National Mortgage
Association, $1,000,000 shall be provided from the ``Community
development fund'' account, $150,000 shall be provided by
transfer from the ``Title VI Indian federal guarantees
program'' account, and $200,000 shall be provided by transfer
from the ``Indian housing loan guarantee fund program''
account: Provided, That the Secretary is prohibited from using
any funds under this heading or any other heading in this Act
from employing more than 77 schedule C and 20 noncareer Senior
Executive Service employees: Provided further, That not more
than $758,000,000 shall be made available to the personal
services object class: Provided further, That no less than
$100,000,000 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 this provision by two and one-half
percent: Provided further, That the Secretary shall submit a
staffing plan for the Department by May 15, 2001: Provided
further, That the Secretary is prohibited from using funds
under this heading or any other heading in this Act to employ
more than 14 employees in the Office of Public Affairs or in
any position in the Department where the employee reports to an
employee of the Office of Public Affairs.
office of inspector general
For necessary expenses of the Office of Inspector General in
carrying out the Inspector General Act of 1978, as amended,
$85,000,000, of which $22,343,000 shall be provided from the
various funds of the Federal Housing Administration and
$10,000,000 shall be provided from the amount earmarked for
Operation Safe Home in the appropriation for ``Drug elimination
grants for low-income housing'': Provided, That the Inspector
General shall have independent authority over all personnel
issues within the Office of Inspector General.
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,
$22,000,000, 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.
Administrative Provisions
financing adjustment factors
Sec. 201. Fifty percent of the amounts of budget authority,
or in lieu thereof 50 percent of the cash amounts associated
with such budget authority, that are recaptured from projects
described in section 1012(a) of the Stewart B. McKinney
Homeless Assistance Amendments Act of 1988 (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.
fair housing and free speech
Sec. 202. None of the amounts made available under this Act
may be used during fiscal year 2001 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.
housing opportunities for persons with aids grants
Sec. 203. (a) Eligibility.--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 2001 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 2001 under such clause (ii) because the
areas in the State outside of the metropolitan
statistical areas that qualify under clause (i) in
fiscal year 2001 do not have the number of cases of
acquired immunodeficiency syndrome required under such
clause.
(b) Amount.--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
2001, 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).
(c) Environmental Review.--Section 856 of the Act is amended
by adding the following new subsection at the end:
``(h) Environmental Review.--For purposes of environmental
review, a grant under this subtitle shall be treated as
assistance for a special project that is subject to section
305(c) of the Multifamily Housing Property Disposition Reform
Act of 1994, and shall be subject to the regulations issued by
the Secretary to implement such section.''.
enhanced disposition authority
Sec. 204. Section 204 of the Departments of Veterans Affairs
and Housing and Urban Development, and Independent Agencies
Appropriations Act, 1997, is amended by striking ``and 2000''
and inserting ``2000, and thereafter''.
maximum payment standard for enhanced vouchers
Sec. 205. Section 8(t)(1)(B) of the United States Housing Act
of 1937 is amended by inserting ``and any other reasonable
limit prescribed by the Secretary'' immediately before the
semicolon.
due process for homeless assistance
Sec. 206. None of the funds appropriated under this or any
other Act may be used by the Secretary of Housing and Urban
Development to prohibit or debar or in any way diminish the
responsibilities of any entity (and the individuals comprising
that entity) that is responsible for convening and managing a
continuum of care process (convenor) in a community for
purposes of the Stewart B. McKinney Homeless Assistance Act
from participating in that capacity unless the Secretary has
published in the Federal Register a description of all
circumstances that would be grounds for prohibiting or
debarring a convenor from administering a continuum of care
process and the procedures for a prohibition or debarment:
Provided, That these procedures shall include a requirement
that a convenor shall be provided with timely notice of a
proposed prohibition or debarment, an identification of the
circumstances that could result in the prohibition or
debarment, an opportunity to respond to or remedy these
circumstances, and the right for judicial review of any
decision of the Secretary that results in a prohibition or
debarment.
hud reform act compliance
Sec. 207. 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.
expansion of environmental assumption authority for homeless assistance
programs
Sec. 208. Section 443 of the Stewart B. McKinney Homeless
Assistance Act is amended to read as follows:
``SEC. 443. ENVIRONMENTAL REVIEW.
``For purposes of environmental review, assistance and
projects under this title shall be treated as assistance for
special projects that are subject to section 305(c) of the
Multifamily Housing Property Disposition Reform Act of 1994,
and shall be subject to the regulations issued by the Secretary
to implement such section.''.
technical amendments and corrections to the national housing act
Sec. 209. (a) Section 203 Subsection Designations.--Section
203 of the National Housing Act is amended by--
(1) redesignating subsection (t) as subsection (u);
(2) redesignating subsection (s), as added by section
329 of the Cranston-Gonzalez National Affordable
Housing Act, as subsection (t); and
(3) redesignating subsection (v), as added by section
504 of the Housing and Community Development Act of
1992, as subsection (w).
(b) Mortgage Auctions.--The first sentence of section
221(g)(4)(C)(viii) of the National Housing Act is amended by
inserting after ``December 31, 2002'' the following: ``, except
that this subparagraph shall continue to apply if the Secretary
receives a mortgagee's written notice of intent to assign its
mortgage to the Secretary on or before such date''.
(c) Mortgagee Review Board.--Section 202(c)(2) of the
National Housing Act is amended--
(1) in subparagraph (E), by striking ``and'';
(2) in subparagraph (F), by striking ``or their
designees.'' and inserting ``and'';
(3) by adding the following new subparagraph at the
end:
``(G) the Director of the Enforcement Center;
or their designees.''.
indian housing block grant program
Sec. 210. Section 201(b) of the Native American Housing
Assistance and Self-Determination Act of 1996 is amended--
(1) by redesignating paragraphs (4) and (5) as
paragraphs (5) and (6) respectively; and
(2) by inserting after paragraph (3) the following
new paragraph:
``(4) Law enforcement officers.--Notwithstanding
paragraph (1), a recipient may provide housing or
housing assistance provided through affordable housing
activities assisted with grant amounts under this Act
to a law enforcement officer on the reservation or
other Indian area, who is employed full-time by a
Federal, state, county or tribal government, and in
implementing such full-time employment is sworn to
uphold, and make arrests for violations of Federal,
state, county or tribal law, if the recipient
determines that the presence of the law enforcement
officer on the Indian reservation or other Indian area
may deter crime.''.
prohibition on the use of federal assistance in support of the sale of
tobacco products
Sec. 211. None of the funds appropriated in this or any other
Act may be used by the Secretary of Housing and Urban
Development to provide any grant or other assistance to
construct, operate, or otherwise benefit a facility, or
facility with a designated portion of that facility, which
sells, or intends to sell, predominantly cigarettes or other
tobacco products. For the purposes of this provision,
predominant sale of cigarettes or other tobacco products means
cigarette or tobacco sales representing more than 35 percent of
the annual total in-store, non-fuel, sales.
prohibition on implementation of puerto rico public housing
administration settlement agreement
Sec. 212. No funds may be used to implement the agreement
between the Commonwealth of Puerto Rico, the Puerto Rico Public
Housing Administration, and the Department of Housing and Urban
Development, dated June 7, 2000, related to the allocation of
operating subsidies for the Puerto Rico Public Housing
Administration unless the Puerto Rico Public Housing
Administration and the Department of Housing and Urban
Development submit by December 31, 2000 a schedule of
benchmarks and measurable goals to the House and Senate
Committees on Appropriations designed to address issues of
mismanagement and safeguards against fraud and abuse.
hope vi grant for hollander ridge
Sec. 213. The Housing Authority of Baltimore City may use the
grant award of $20,000,000 made to such authority for
development efforts at Hollander Ridge in Baltimore, Maryland
with funds appropriated for fiscal year 1996 under the heading
``Public Housing Demolition, Site Revitalization, and
Replacement Housing Grants'' for use, as approved by the
Secretary of Housing and Urban Development--
(1) for activities related to the revitalization of
the Hollander Ridge site; and
(2) in accordance with section 24 of the United
States Housing Act of 1937.
computer access for public housing residents
Sec. 214. (a) Use of Public Housing Capital and Operating
Funds.--Section 9 of the United States Housing Act of 1937 is
amended--
(1) in subsection (d)(1)(E), by inserting before the
semicolon the following: ``, including the
establishment and initial operation of computer centers
in and around public housing through a Neighborhood
Networks initiative, for the purpose of enhancing the
self-sufficiency, employability, and economic self-
reliance of public housing residents by providing them
with onsite computer access and training resources'';
(2) in subsection (e)(1)--
(A) in subparagraph (I), by striking the word
``and'' at the end;
(B) in subparagraph (J), by striking the
period and inserting ``; and''; and
(C) by adding after subparagraph (J) the
following:
``(K) the costs of operating computer centers
in public housing through a Neighborhood
Networks initiative described in subsection
(d)(1)(E), and of activities related to that
initiative.''; and
(3) in subsection (h)--
(A) in paragraph (6), by striking the word
``and'' at the end;
(B) in paragraph (7), by striking the period
and inserting ``; and''; and
(C) by inserting after paragraph (7) the
following:
``(8) assistance in connection with the establishment
and operation of computer centers in public housing
through a Neighborhood Networks initiative described in
subsection (d)(1)(E).''.
(b) Demolition, Site Revitalization, Replacement Housing, and
Tenant-Based Assistance Grants for Projects.--Section 24 of the
United States Housing Act of 1937 is amended--
(1) in subsection (d)(1)(G), by inserting before the
semicolon the following: ``, including a Neighborhood
Networks initiative for the establishment and operation
of computer centers in public housing for the purpose
of enhancing the self-sufficiency, employability, an
economic self-reliance of public housing residents by
providing them with onsite computer access and training
resources''; and
(2) in subsection (m)(2), in the first sentence, by
inserting before the period the following ``, including
assistance in connection with the establishment and
operation of computer centers in public housing through
the Neighborhoods Networks initiative described in
subsection (d)(1)(G)''.
mark-to-market reform
Sec. 215. Notwithstanding any other provision of law, the
properties known as the Hawthornes in Independence, Missouri
shall be considered eligible multifamily housing projects for
purposes of participating in the multifamily housing
restructuring program pursuant to title V of the Departments of
Veterans Affairs and Housing and Urban Development, and
Independent Agencies Appropriations Act, 1998 (Public Law 105-
65).
section 236 excess income
Sec. 216. Section 236(g)(3)(A) of the National Housing Act is
amended by striking out ``fiscal year 2000'' and inserting in
lieu thereof ``fiscal years 2000 and 2001''.
cdbg eligibility
Sec. 217. Section 102(a)(6)(D) of the Housing and Community
Development Act of 1974 is amended by--
(1) in clause (v), striking out the ``or'' at the
end;
(2) in clause (vi), striking the period at the end;
and
(3) adding at the end the following new clause:
``(vii)(I) has consolidated its government with one or more
municipal governments, such that within the county boundaries
there are no unincorporated areas, (II) has a population of not
less than 650,000, over which the consolidated government has
the authority to undertake essential community development and
housing assistance activities, (III) for more than 10 years,
has been classified as an entitlement area for purposes of
allocating and distributing funds under section 106, and (IV)
as of the date of enactment of this clause, has over 90 percent
of the county's population within the jurisdiction of the
consolidated government; or
``(viii) notwithstanding any other provision of this section,
any county that was classified as an urban county pursuant to
subparagraph (A) for fiscal year 1999, at the option of the
county, may hereafter remain classified as an urban county for
purposes of this Act.''.
exemption for alaska and mississippi from requirement of resident on
board of pha
Sec. 218. Public housing agencies in the States of Alaska and
Mississippi shall not be required to comply with section 2(b)
of the United States Housing Act of 1937, as amended, during
fiscal year 2001.
use of moderate rehabilitation funds for home
Sec. 219. Notwithstanding any other provision of law, the
Secretary of Housing and Urban Development shall make the funds
available under contracts NY36K113004 and NY36K113005 of the
Department of Housing and Urban Development available for use
under the HOME Investment Partnerships Act and shall allocate
such funds to the City of New Rochelle, New York.
loma linda reprogramming
Sec. 220. Of the amounts made available under the sixth
undesignated paragraph under the heading ``Community Planning
and Development--Community Development Block Grants'' in title
II of the Departments of Veterans Affairs and Housing and Urban
Development, and Independent Agencies Appropriations Act, 1999
(Public Law 105-276) for the Economic Development Initiative
(EDI) for grants for targeted economic investments, the
$1,000,000 to be made available (pursuant to the related
provisions of the joint explanatory statement in the conference
report to accompany such Act (House Report 105-769)) to the
City of Loma Linda, California, for infrastructure improvements
at Redlands Boulevard and California Streets shall,
notwithstanding such provisions, be made available to the City
for infrastructure improvements related to the Mountain View
Bridge.
native american eligibility for the ross program
Sec. 221. (a) Section 34 of the United States Housing Act of
1937 is amended--
(1) in the heading, by striking ``PUBLIC HOUSING''
and inserting ``PUBLIC AND INDIAN HOUSING'';
(2) in subsection (a)--
(A) by inserting after ``residents,'' the
following: ``recipients under the Native
American Housing Assistance and Self-
Determination Act of 1996 (notwithstanding
section 502 of such Act) on behalf of residents
of housing assisted under such Act,'' and
(B) by inserting after ``public housing
residents'' the second place it appears the
following: ``and residents of housing assisted
under such Act'',
(3) in subsection (b)--
(A) by inserting after ``project'' the first
place it appears the following: ``or the
property of a recipient under such Act or
housing assisted under such Act'';
(B) by inserting after ``public housing
residents'' the following: ``or residents of
housing assisted under such Act''; and
(C) in subsection (b)(1), by inserting after
``public housing project'' the following: ``or
residents of housing assisted under such Act'';
and
(4) in subsection (d)(2), by striking ``State or
local'' and inserting ``State, local, or tribal''.
(b) Assessment and Report.--Section 538(b)(1) of the Quality
Housing and Work Responsibility Act of 1998 is amended by
inserting after ``public housing'' the following: ``and housing
assisted under the Native American Housing Assistance and Self-
Determination Act of 1996''.
treatment of expiring economic development initiative grants
Sec. 222. (a) Availability.--Section 220(a) of the
Departments of Veterans Affairs and Housing and Urban
Development, and Independent Agencies Appropriations Act, 2000
(Public Law 106-74; 113 Stat. 1075) is amended by striking
``September 30, 2000'' and inserting ``September 30, 2001''.
(b) Applicability.--The Secretary of the Treasury and the
Secretary of Housing and Urban Development shall take such
actions as may be necessary to carry out such section 220 (as
amended by this subsection (a) of this section) notwithstanding
any actions taken previously pursuant to section 1552 of title
31, United States Code.
home program disaster funding for elderly housing
Sec. 223. Of the amounts made available under Chapter IX of
the Supplemental Appropriations Act of 1993 for assistance
under the HOME investment partnerships program to the city of
Homestead, Florida (Public Law 103-50; 107 Stat. 262), up to
$583,926.70 shall be made available to Dade County, Florida,
for use only for rehabilitating housing for low-income elderly
persons, and such amount shall not be subject to the
requirements of such program, except for section 288 of the
HOME Investment Partnerships Act (42 U.S.C. 12838).
cdbg public services cap
Sec. 224. Section 105(a)(8) of the Housing and Community
Development Act of 1974 is amended by striking ``1993'' and all
that follows through ``City of Los Angeles'' and inserting
``1993 through 2001 to the City of Los Angeles''.
extension of applicability of downpayment simplification provisions
Sec. 225. Subparagraph (A) of section 203(b)(10) of the
National Housing Act (12 U.S.C. 1709(b)(10)(A)) is amended, in
the matter that precedes clause (i), by striking ``mortgage''
and all that follows through ``involving'' and inserting
``mortgage closed on or before December 31, 2002, involving''.
use of supportive housing program funds for information systems
Sec. 226. Section 423 of the Stewart B. McKinney Homeless
Assistance Act is amended under subsection (a) by adding the
following paragraph:
``(7) Management information system.--A grant for the
costs of implementing and operating management
information systems for purposes of collecting
unduplicated counts of homeless people and analyzing
patterns of use of assistance funded under this Act.''.
indian housing loan guarantee reform
Sec. 227. Section 184 of the Housing and Community
Development Act of 1992 is amended--
(1) in subsection (a), by striking ``or as a result
of a lack of access to private financial markets''; and
(2) in subsection (b)(2), by inserting ``refinance,''
after ``acquire,''.
use of section 8 vouchers for opt-outs
Sec. 228. Section 8(t)(2) of the United States Housing Act of
1937 is amended by inserting after ``contract for rental
assistance under section 8 of the United States Housing Act of
1937 for such housing project'' the following: ``(including any
such termination or expiration during fiscal years after fiscal
year 1996 prior to the effective date of the Departments of
Veterans Affairs and Housing and Urban Development, and
Independent Agencies Appropriations Act, 2001)''.
homeless discharge coordination policy
Sec. 229. (a) Discharge Coordination Policy.--Subtitle A of
title IV of the Stewart B. McKinney Homeless Assistance Act is
amended by adding at the end the following new section:
``SEC. 402. DISCHARGE COORDINATION POLICY.
``The Secretary may not provide a grant under this title for
any governmental entity serving as an applicant unless the
applicant agrees to develop and implement, to the maximum
extent practicable and where appropriate, policies and
protocols for the discharge of persons from publicly funded
institutions or systems of care (such as health care
facilities, foster care or other youth facilities, or
correction programs and institutions) in order to prevent such
discharge from immediately resulting in homelessness for such
persons.''.
(b) Assistance Under Emergency Shelter Grants Program.--
Section 414(a)(4) of the Stewart B. McKinney Homeless
Assistance Act is amended-
(1) in the matter preceding subparagraph (A), by
inserting a comma after ``homelessness'';
(2) by striking ``Not'' and inserting the following:
``Activities that are eligible for assistance under
this paragraph shall include assistance to very low-
income families who are discharged from publicly funded
institutions or systems of care (such as health care
facilities, foster care or other youth facilities, or
correction programs and institutions). Not''.
technical change to seniors housing commission
Sec. 230. Section 525 of the Preserving Affordable Housing
for Senior Citizens and Families into the 21st Century Act''
(42 U.S.C. 12701 note) is amended in subsection (a) by striking
``Commission on Affordable Housing and Health Care Facility
Needs in the 21st Century'' and inserting ``Commission on
Affordable Housing and Health Facility Needs for Seniors in the
21st Century''.
interagency council on the homeless reforms
Sec. 231. Title II of the Stewart B. McKinney Homeless
Assistance Act is amended--
(1) in section 202, under subsection (b) by inserting
after the period the following: ``The positions of
Chairperson and Vice Chairperson shall rotate among its
members on an annual basis.''; and
(2) in section 209 by striking ``1994'' and inserting
``2005''.
section 8 pha project-based assistance
Sec. 232. (a) In General.--Paragraph (13) of section 8(o) of
the United States Housing Act of 1937 (42 U.S.C. 1437f(o)(13))
is amended to read as follows:
``(13) PHA project-based assistance.--
``(A) In general.--A public housing agency
may use amounts provided under an annual
contributions contract under this subsection to
enter into a housing assistance payment
contract with respect to an existing, newly
constructed, or rehabilitated structure, that
is attached to the structure, subject to the
limitations and requirements of this paragraph.
``(B) Percentage limitation.--Not more than
20 percent of the funding available for tenant-
based assistance under this section that is
administered by the agency may be attached to
structures pursuant to this paragraph.
``(C) Consistency with pha plan and other
goals.--A public housing agency may approve a
housing assistance payment contract pursuant to
this paragraph only if the contract is
consistent with--
``(i) the public housing agency plan
for the agency approved under section
5A; and
``(ii) the goal of deconcentrating
poverty and expanding housing and
economic opportunities.
``(D) Income mixing requirement.--
``(i) In general.--Not more than 25
percent of the dwelling units in any
building may be assisted under a
housing assistance payment contract for
project-based assistance pursuant to
this paragraph.
``(ii) Exceptions.--The limitation
under clause (i) shall not apply in the
case of assistance under a contract for
housing consisting of single family
properties or for dwelling units that
are specifically made available for
households comprised of elderly
families, disabled families, and
families receiving supportive services.
``(E) Resident choice requirement.--A housing
assistance payment contract pursuant to this
paragraph shall provide as follows:
``(i) Mobility.--Each low-income
family occupying a dwelling unit
assisted under the contract may move
from the housing at any time after the
family has occupied the dwelling unit
for 12 months.
``(ii) Continued assistance.--Upon
such a move, the public housing agency
shall provide the low-income family
with tenant-based rental assistance
under this section or such other
tenant-based rental assistance that is
subject to comparable income,
assistance, rent contribution,
affordability, and other requirements,
as the Secretary shall provide by
regulation. If such rental assistance
is not immediately available to fulfill
the requirement under the preceding
sentence with respect to a low-income
family, such requirement may be met by
providing the family priority to
receive the next voucher or other
tenant-based rental assistance amounts
that become available under the program
used to fulfill such requirement.
``(F) Contract term.--A housing assistance
payment contract pursuant to this paragraph
between a public housing agency and the owner
of a structure may have a term of up to 10
years, subject to the availability of
sufficient appropriated funds for the purpose
of renewing expiring contracts for assistance
payments, as provided in appropriations Acts
and in the agency's annual contributions
contract with the Secretary, and to annual
compliance with the inspection requirements
under paragraph (8), except that the agency
shall not be required to make annual
inspections of each assisted unit in the
development. The contract may specify
additional conditions for its continuation. If
the units covered by the contract are owned by
the agency, the term of the contract shall be
agreed upon by the agency and the unit of
general local government or other entity
approved by the Secretary in the manner
provided under paragraph (11).
``(G) Extension of contract term.--A public
housing agency may enter into a contract with
the owner of a structure assisted under a
housing assistance payment contract pursuant to
this paragraph to extend the term of the
underlying housing assistance payment contract
for such period as the agency determines to be
appropriate to achieve long-term affordability
of the housing or to expand housing
opportunities. Such a contract shall provide
that the extension of such term shall be
contingent upon the future availability of
appropriated funds for the purpose of renewing
expiring contracts for assistance payments, as
provided in appropriations Acts, and may
obligate the owner to have such extensions of
the underlying housing assistance payment
contract accepted by the owner and the
successors in interest of the owner.
``(H) Rent calculation.--A housing assistance
payment contract pursuant to this paragraph
shall establish rents for each unit assisted in
an amount that does not exceed 110 percent of
the applicable fair market rental (or any
exception payment standard approved by the
Secretary pursuant to paragraph (1)(D)), except
that if a contract covers a dwelling unit that
has been allocated low-income housing tax
credits pursuant to section 42 of the Internal
Revenue Code of 1986 (26 U.S.C. 42) and is not
located in a qualified census tract (as such
term is defined in subsection (d) of such
section 42), the rent for such unit may be
established at any level that does not exceed
the rent charged for comparable units in the
building that also receive the low-income
housing tax credit but do not have additional
rental assistance. The rents established by
housing assistance payment contracts pursuant
to this paragraph may vary from the payment
standards established by the public housing
agency pursuant to paragraph (1)(B), but shall
be subject to paragraph (10)(A).
``(I) Rent adjustments.--A housing assistance
payments contract pursuant to this paragraph
shall provide for rent adjustments, except
that--
``(i) the adjusted rent for any unit
assisted shall be reasonable in
comparison with rents charged for
comparable dwelling units in the
private, unassisted, local market and
may not exceed the maximum rent
permitted under subparagraph (H); and
``(ii) the provisions of subsection
(c)(2)(C) shall not apply.
``(J) Tenant selection.--A public housing
agency shall select families to receive
project-based assistance pursuant to this
paragraph from its waiting list for assistance
under this subsection. Eligibility for such
project-based assistance shall be subject to
the provisions of section 16(b) that apply to
tenant-based assistance. The agency may
establish preferences or criteria for selection
for a unit assisted under this paragraph that
are consistent with the public housing agency
plan for the agency approved under section 5A.
Any family that rejects an offer of project-
based assistance under this paragraph or that
is rejected for admission to a structure by the
owner or manager of a structure assisted under
this paragraph shall retain its place on the
waiting list as if the offer had not been made.
The owner or manager of a structure assisted
under this paragraph shall not admit any family
to a dwelling unit assisted under a contract
pursuant to this paragraph other than a family
referred by the public housing agency from its
waiting list. Subject to its waiting list
policies and selection preferences, a public
housing agency may place on its waiting list a
family referred by the owner or manager of a
structure and may maintain a separate waiting
list for assistance under this paragraph, but
only if all families on the agency's waiting
list for assistance under this subsection are
permitted to place their names on the separate
list.
``(K) Vacated units.--Notwithstanding
paragraph (9), a housing assistance payment
contract pursuant to this paragraph may provide
as follows:
``(i) Payment for vacant units.--That
the public housing agency may, in its
discretion, continue to provide
assistance under the contract, for a
reasonable period not exceeding 60
days, for a dwelling unit that becomes
vacant, but only (I) if the vacancy was
not the fault of the owner of the
dwelling unit, and (II) the agency and
the owner take every reasonable action
to minimize the likelihood and extent
of any such vacancy. Rental assistance
may not be provided for a vacant unit
after the expiration of such period.
``(ii) Reduction of contract.--That,
if despite reasonable efforts of the
agency and the owner to fill a vacant
unit, no eligible family has agreed to
rent the unit within 120 days after the
owner has notified the agency of the
vacancy, the agency may reduce its
housing assistance payments contract
with the owner by the amount equivalent
to the remaining months of subsidy
attributable to the vacant unit.
Amounts deobligated pursuant to such a
contract provision shall be available
to the agency to provide assistance
under this subsection.
Eligible applicants for assistance under this
subsection may enforce provisions authorized by
this subparagraph.''.
(b) Applicability.--In the case of any dwelling unit that,
upon the date of the enactment of this Act, is assisted under a
housing assistance payment contract under section 8(o)(13) of
the United States Housing Act of 1937 (42 U.S.C. 1437f(o)(13))
as in effect before such enactment, such assistance may be
extended or renewed notwithstanding the requirements under
subparagraphs (C), (D), and (E) of such section 8(o)(13), as
amended by subsection (a).
disposition of hud-held and hud-owned multifamily projects for the
elderly or disabled
Sec. 233. Notwithstanding any other provision of law, 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.
family unification program
Sec. 234. Section 8(x)(2) of the United States Housing Act of
1937 (42 U.S.C 1437f(x)(2)) is amended--
(1) by striking ``any family (A) who is otherwise
eligible for such assistance, and (B)'' and inserting
``(A) any family (i) who is otherwise eligible for such
assistance, and (ii)''; and
(2) by inserting before the period at the end the
following: ``and (B) for a period not to exceed 18
months, otherwise eligible youths who have attained at
least 18 years of age and not more than 21 years of age
and who have left foster care at age 16 or older''.
permanent extension of fha multifamily mortgage credit demonstrations
Sec. 235. Section 542 of the Housing and Community
Development Act of 1992 (12 U.S.C. 1707 note) is amended--
(1) in subsection (a)--
(A) in the first sentence, by striking
``demonstrate the effectiveness of providing''
and inserting ``provide''; and
(B) in the second sentence, by striking
``demonstration'' and inserting ``the'';
(2) in subsection (b)--
(A) in paragraph (1), by striking ``determine
the effectiveness of'' and inserting
``provide''; and
(B) by striking paragraph (5), and inserting
the following new paragraph:
``(5) Insurance authority.--Using any authority
provided in appropriation Acts to insure mortgages
under the National Housing Act, the Secretary may enter
into commitments under this subsection for risk-sharing
units.'';
(3) in subsection (c)--
(A) in paragraph (1), by striking ``test the
effectiveness of'' and inserting ``provide'';
and
(B) by striking paragraph (4) and inserting
the following new paragraph:
``(4) Insurance authority.--Using any authority
provided in appropriation Acts to insure mortgages
under the National Housing Act, the Secretary may enter
into commitments under this subsection for risk-sharing
units.'';
(4) by striking subsection (d);
(5) by striking ``pilot'' and ``Pilot'' each place
such terms appear; and
(6) in the section heading, by striking
``<SUP>demonstrations'' and inserting
``<SUP>programs''.
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, $28,000,000, 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, 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, $7,500,000, $5,000,000 of which
to remain available until September 30, 2001 and $2,500,000 of
which to remain available until September 30, 2002: Provided,
That the Chemical Safety and Hazard Investigation Board shall
have not more than three career Senior Executive Service
positions: Provided further, That 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, $118,000,000, to
remain available until September 30, 2002, of which $5,000,000
shall be for technical assistance and training programs
designed to benefit Native American Communities, and up to
$8,750,000 may be used for administrative expenses, up to
$19,750,000 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:
Provided further, That these funds are available to subsidize
gross obligations for the principal amount of direct loans not
to exceed $53,000,000.
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, $52,500,000.
Corporation for National and Community Service
national and community service programs
operating expenses
(including transfer and rescission of funds)
For necessary expenses for the Corporation for National and
Community Service (referred to in the matter under this heading
as the ``Corporation'') in carrying out programs, activities,
and initiatives under the National and Community Service Act of
1990 (referred to in the matter under this heading as the
``Act'') (42 U.S.C. 12501 et seq.), $458,500,000, to remain
available until September 30, 2002: 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
not more than $70,000,000, to remain available without fiscal
year limitation, shall be transferred to the National Service
Trust account for educational awards authorized under subtitle
D of title I of the Act (42 U.S.C. 12601 et seq.), of which not
to exceed $5,000,000 shall be available for national service
scholarships for high school students performing community
service: Provided further, That not more than $231,000,000 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 $45,000,000 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)); and not more than $25,000,000 may 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.): 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 $21,000,000 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 $28,500,000 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 $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, shall expand
significantly the number of educational awards provided under
subtitle D of title I, and shall reduce the total Federal costs
per participant in all programs: Provided further, That of
amounts available in the National Service Trust account from
previous appropriations Acts, $30,000,000 shall be rescinded:
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 Parents as Teachers National
Center, Inc. to support childhood parent education and family
support activities: Provided further, That not more than
$2,500,000 of the funds made available under this heading shall
be made available to the Boys and Girls Clubs of America to
establish an innovative outreach program designed to meet the
special needs of youth in public and Native American housing
communities: Provided further, That not more than $1,500,000 of
the funds made available under this heading shall be made
available to the Youth Life Foundation to meet the needs of
children living in insecure environments.
office of inspector general
For necessary expenses of the Office of Inspector General in
carrying out the Inspector General Act of 1978, as amended,
$5,000,000, which shall be available for obligation through
September 30, 2002.
administrative provision
The Department of Veterans Affairs and Housing and Urban
Development, and Independent Agencies Appropriations Act, 2000
(Public Law 106-74) is amended under the heading ``Corporation
for National and Community Service, National and Community
Service Programs Operating Expenses'' in title III by reducing
to $229,000,000 the amount available for grants under the
National Service Trust program authorized under subtitle C of
title I of the National and Community Service Act of 1990 (the
``Act'') (with a corresponding reduction to $40,000,000 in the
amount that may be used to administer, reimburse, or support
any national service program authorized under section 121(d)(2)
of the Act), and by increasing to $33,500,000 the amount
available for quality and innovation activities authorized
under subtitle H of title I of the Act, with the increase in
subtitle H funds made available to provide a grant covering a
period of three years to support the ``P.A.V.E. the Way''
project described in House Report 106-379.
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, $12,445,000, 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, $17,949,000, 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,
$63,000,000.
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, $75,000,000, to be derived from the
Hazardous Substance Superfund Trust Fund pursuant to section
517(a) of SARA (26 U.S.C. 9507): Provided, That not
withstanding 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
the Agency for Toxic Substances and Disease Registry to issue
in excess of 40 toxicological profiles pursuant to section
104(i) of CERCLA during fiscal year 2001, 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 therefore, 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, $696,000,000, which shall remain available
until September 30, 2002.
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 therefore, 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, $2,087,990,000, which shall remain available until
September 30, 2002: Provided, That none of the funds
appropriated by this Act shall be used to propose or issue
rules, regulations, decrees, or orders for the purpose of
implementation, or in preparation for implementation, of the
Kyoto Protocol which was adopted on December 11, 1997, in
Kyoto, Japan at the Third Conference of the Parties to the
United Nations Framework Convention on Climate Change, which
has not been submitted to the Senate for advice and consent to
ratification pursuant to article II, section 2, clause 2, of
the United States Constitution, and which has not entered into
force pursuant to article 25 of the Protocol: Provided further,
That none of the funds made available in this Act may be used
to implement or administer the interim guidance issued on
February 5, 1998, by the Environmental Protection Agency
relating to title VI of the Civil Rights Act of 1964 and
designated as the ``Interim Guidance for Investigating Title VI
Administrative Complaints Challenging Permits'' with respect to
complaints filed under such title after October 21, 1998, and
until guidance is finalized. Nothing in this proviso may be
construed to restrict the Environmental Protection Agency from
developing or issuing final guidance relating to title VI of
the Civil Rights Act of 1964: Provided further, That
notwithstanding section 1412(b)(12)(A)(v) of the Safe Drinking
Water Act, as amended, the Administrator shall promulgate a
national primary drinking water regulation for arsenic not
later than June 22, 2001.
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, $34,094,000, to remain available until
September 30, 2002.
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, $23,931,000, to remain
available until expended.
hazardous substance superfund
(including transfers 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; $1,270,000,000
(of which $100,000,000 shall not become available until
September 1, 2001), to remain available until expended,
consisting of $635,000,000, as authorized by section 517(a) of
the Superfund Amendments and Reauthorization Act of 1986
(SARA), as amended by Public Law 101-508, and $635,000,000 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, $11,500,000
shall be transferred to the ``Office of Inspector General''
appropriation to remain available until September 30, 2002, and
$36,500,000 shall be transferred to the ``Science and
technology'' appropriation to remain available until September
30, 2002.
leaking underground storage tank program
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,
$72,096,000, 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, $15,000,000, 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, $3,628,740,000, 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; $825,000,000 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;
$35,000,000 shall be for grants to the State of Alaska to
address drinking water and wastewater infrastructure needs of
rural and Alaska Native Villages; $335,740,000 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 conference report and joint explanatory statement
of the committee of conference 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 $1,008,000,000 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: Provided, That notwithstanding section 603(d)(7) of
the Federal Water Pollution Control Act, as amended, the
limitation on the amounts in a State water pollution control
revolving fund that may be used by a State to administer the
fund shall not apply to amounts included as principal in loans
made by such fund in fiscal year 2001 and prior years where
such amounts represent costs of administering the fund to the
extent that such amounts are or were deemed reasonable by the
Administrator, accounted for separately from other assets in
the fund, and used for eligible purposes of the fund, including
administration: Provided further, That for fiscal year 2001,
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 2001, notwithstanding the
limitation on amounts in section 518(c) of the Federal Water
Pollution Control Act, as amended, 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 after June 1, 2001 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: Provided
further, That notwithstanding any other provision of law, all
claims for principal and interest registered through any
current grant dispute or any other such dispute hereafter filed
by the Environmental Protection Agency relative to construction
grants numbers C-180840-01, C-180840-04, C-470319-03, and C-
470319-04, are hereby resolved in favor of the grantee:
Provided further, That EPA, in considering the local match for
the $5,000,000 appropriated in fiscal year 1999 for the City of
Cumberland, Maryland, to separate and relocate the city's
combined sewer and stormwater system, shall take into account
non-federal money spent by the City of Cumberland for combined
sewer, stormwater and wastewater treatment infrastructure on or
after October 1, 1999, and that the fiscal year 1999 and any
subsequent funds may be used for any required non-federal share
of the costs of projects funded by the federal government under
Section 580 of Public Law 106-53.
administrative provisions
For fiscal year 2001 and thereafter, the obligated balances
of sums available in multiple-year appropriations accounts
shall remain available through the seventh fiscal year after
their period of availability has expired for liquidating
obligations made during the period of availability.
For fiscal year 2001, 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.
Section 176(c) of the Clean Air Act, as amended, is amended
by adding at the end the following new paragraph:
``(6) Notwithstanding paragraph 5, this subsection
shall not apply with respect to an area designated
nonattainment under section 107(d)(1) until one year
after that area is first designated nonattainment for a
specific national ambient air quality standard. This
paragraph only applies with respect to the national
ambient air quality standard for which an area is newly
designated nonattainment and does not affect the area's
requirements with respect to all other national ambient
air quality standards for which the area is designated
nonattainment or has been redesignated from
nonattainment to attainment with a maintenance plan
pursuant to section 175(A) (including any pre-existing
national ambient air quality standard for a pollutant
for which a new or revised standard has been
issued).''.
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, $5,201,000.
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, $2,900,000: 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
(transfer of funds)
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.), $300,000,000, 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; and up to $15,000,000 may
be obligated for flood map modernization activities following
disaster declarations: Provided, That of the funds made
available under this heading in this and prior Appropriations
Acts and under section 404 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act to the State of Florida,
$3,000,000 shall be for a hurricane mitigation initiative in
Miami-Dade County.
For an additional amount for ``Disaster relief'',
$1,300,000,000, 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, $1,678,000, 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, $427,000.
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, $215,000,000.
office of inspector general
For necessary expenses of the Office of Inspector General in
carrying out the Inspector General Act of 1978, as amended,
$10,000,000: 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, $269,652,000: 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.
radiological emergency preparedness fund
The aggregate charges assessed during fiscal year 2001, as
authorized by Public Law 106-74, 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,
2001, and remain available until expended.
emergency food and shelter program
To carry out an emergency food and shelter program pursuant
to title III of Public Law 100-77, as amended, $140,000,000, to
remain available until expended: Provided, That total
administrative costs shall not exceed 3\1/2\ percent of the
total appropriation.
national flood insurance fund
(including transfer of funds)
For activities under the National Flood Insurance Act of
1968, the Flood Disaster Protection Act of 1973, as amended,
not to exceed $25,736,000 for salaries and expenses associated
with flood mitigation and flood insurance operations, and not
to exceed $77,307,000 for flood mitigation, including up to
$20,000,000 for expenses under section 1366 of the National
Flood Insurance Act, which amount shall be available for
transfer to the National Flood Mitigation Fund until September
30, 2002. In fiscal year 2001, no funds in excess of: (1)
$55,000,000 for operating expenses; (2) $455,627,000 for
agents' commissions and taxes; and (3) $40,000,000 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 $17,730,000 in fees collected but
unexpended during fiscal years 1994 through 1998 shall be
transferred to the Flood Map Modernization Fund and available
for expenditure in fiscal year 2001.
Section 1309(a)(2) of the National Flood Insurance Act of
1968 (42 U.S.C. 4016(a)(2)), as amended by Public Law 104-208,
is further amended by striking ``September 30, 2000'' and
inserting ``December 31, 2001''.
The first sentence of section 1376(c) of the National Flood
Insurance Act of 1968, as amended (42 U.S.C. 4127(c)), is
amended by striking ``September 30, 2000'' and inserting
``December 31, 2001''.
national flood mitigation fund
(including transfer of funds)
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, 2002, 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,
$7,122,000, 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 2001 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
For necessary expenses, not otherwise provided for, in the
conduct and support of human space flight research and
development activities, including research, development,
operations, and services; maintenance; construction of
facilities including revitalization and modification of
facilities, construction of new facilities and additions to
existing facilities, facility planning and design, and
acquisition or condemnation of real property, as authorized by
law; space flight, spacecraft control and communications
activities including operations, production, and services; and
purchase, lease, charter, maintenance and operation of mission
and administrative aircraft, $5,462,900,000, to remain
available until September 30, 2002.
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, and services; maintenance;
construction of facilities including revitalization, and
modification of facilities, construction of new facilities and
additions to existing facilities, facility planning and design,
and acquisition or condemnation of real property, as authorized
by law; space flight, spacecraft control and communications
activities including operations, production, and services; and
purchase, lease, charter, maintenance and operation of mission
and administrative aircraft, $6,190,700,000, to remain
available until September 30, 2002.
mission support
For necessary expenses, not otherwise provided for, in
carrying out mission support for human space flight programs
and science, aeronautical, and technology programs, including
research operations and support; maintenance; construction of
facilities including 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; program
management; personnel and related costs, including uniforms or
allowances therefor, as authorized by 5 U.S.C. 5901-5902;
travel expenses; purchase, lease, charter, maintenance, and
operation of mission and administrative aircraft; not to exceed
$40,000 for official reception and representation expenses; and
purchase (not to exceed 33 for replacement only) and hire of
passenger motor vehicles, $2,608,700,000 to remain available
until September 30, 2002.
office of inspector general
For necessary expenses of the Office of Inspector General in
carrying out the Inspector General Act of 1978, as amended,
$23,000,000.
administrative provisions
Notwithstanding the limitation on the availability of funds
appropriated for ``Human space flight'', ``Science, aeronautics
and technology'', or ``Mission support'' 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 in ``Mission support'' pursuant to the
authorization for minor revitalization and construction of
facilities, and facility planning and design.
Notwithstanding the limitation on the availability of funds
appropriated for ``Human space flight'', ``Science, aeronautics
and technology'', or ``Mission support'' by this appropriations
Act, the amounts appropriated for construction of facilities
shall remain available until September 30, 2003.
Notwithstanding the limitation on the availability of funds
appropriated for ``Mission support'' and ``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, 2001 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.
Unless otherwise provided for in this Act or in the joint
explanatory statement of the committee of conference
accompanying this Act, no part of the funds appropriated for
``Human space flight'' may be used for the development of the
International Space Station in excess of the amounts set forth
in the budget estimates submitted as part of the budget request
for fiscal year 2001.
No funds in this or any other Appropriations Act may be used
to finalize an agreement prior to December 1, 2001 between NASA
and a nongovernment organization to conduct research
utilization and commercialization management activities of the
International Space Station.
National Credit Union Administration
central liquidity facility
(including transfer of funds)
During fiscal year 2001, 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 $296,303: 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;
$3,350,000,000, of which not to exceed $275,592,000 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,
2002: 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 $65,000,000 of the funds available under
this heading shall be made available for a comprehensive
research initiative on plant genomes for economically
significant crops: Provided further, That no funds in this or
any other Act shall be used to acquire or lease a research
vessel with ice-breaking capability built or retrofitted by a
shipyard located in a foreign country if such a vessel of
United States origin can be obtained at a cost no more than 50
per centum above that of the least expensive technically
acceptable foreign vessel bid: Provided further, That, in
determining the cost of such a vessel, such cost be increased
by the amount of any subsidies or financing provided by a
foreign government (or instrumentality thereof) to such
vessel's construction: Provided further, That if the vessel
contracted for pursuant to the foregoing is not available for
the 2002-2003 austral summer Antarctic season, a vessel of any
origin may be leased for a period of not to exceed 120 days for
that season and each season thereafter until delivery of the
new vessel.
major research equipment
For necessary expenses of major construction projects
pursuant to the National Science Foundation Act of 1950, as
amended, including authorized travel, $121,600,000, 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, $787,352,000, to
remain available until September 30, 2002: 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 $10,000,000 shall be available for the
Office of Innovation Partnerships.
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; $160,890,000: Provided, That contracts may be entered
into under ``Salaries and expenses'' in fiscal year 2001 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,
$6,280,000, to remain available until September 30, 2002.
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), $90,000,000, of which $5,000,000 shall be for a
homeownership program that is used in conjunction with section
8 assistance under the United States Housing Act of 1937:
Provided, That of the amount made available, $2,500,000 shall
be for an endowment to establish the George Knight Scholarship
Fund for the Neighborhood Reinvestment Training Institute.
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; $24,480,000: Provided, That during the
current fiscal year, the President may exempt this
appropriation from the provisions of 31 U.S.C. 1341, whenever
he 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 therefore
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
therefore set forth in the estimates in the same proportion.
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
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, in writing, a report to the Committees on
Appropriations of the Congress and a period of 30 days has
expired following the date on which the report is received by
the Committees on Appropriations.
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 2001
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 it is made
known to the Federal entity or official to which the funds are
made available that 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 the Act as may be
necessary in carrying out the programs set forth in the budget
for 2001 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 section 320(g) of the Federal Water
Pollution Control Act (33 U.S.C. 1330(g)), funds made available
pursuant to authorization under such section for fiscal year
2001 may be used for implementing comprehensive conservation
and management plans.
Sec. 421. Notwithstanding any other provision of law, the
term ``qualified student loan'' with respect to national
service education awards shall mean any loan made directly to a
student by the Alaska Commission on Postsecondary Education, in
addition to other meanings under section 148(b)(7) of the
National and Community Service Act.
Sec. 422. 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 the
Congress.
Sec. 423. 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. 424. 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. 425. 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. 426. 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
2001, HUD shall transmit this information to the Committees by
November 1, 2000, for 30 days of review.
Sec. 427. None of the funds made available in this Act may be
used for the designation, or approval of the designation, of
any area as an ozone nonattainment area under the Clean Air Act
pursuant to the 8-hour national ambient air quality standard
for ozone that was promulgated by the Environmental Protection
Agency on July 18, 1997 (62 Fed. Reg. 38,356, p. 38855) and
remanded by the District of Columbia Court of Appeals on May
14, 1999, in the case, American Trucking Ass'ns. v. EPA (No.
97-1440, 1999 Westlaw 300618) prior to June 15, 2001 or final
adjudication of this case by the Supreme Court of the United
States, whichever occurs first.
Sec. 428. Section 432 of Public Law 104-204 (110 Stat. 2874)
is amended--
(a) in subsection (c) by inserting ``or to
restructure and improve the efficiency of the
workforce'' after ``the National Aeronautics and Space
Administration'' and before ``the Administrator'';
(b) by deleting paragraph (4) of subsection (h) and
inserting in lieu thereof--
``(4) The provisions of subsections (1) and
(3) of this section may be waived upon a
determination by the Administrator that use of
the incentive satisfactorily demonstrates
downsizing or other restructuring within the
Agency that would improve the efficiency of
agency operations or contribute directly to
evolving mission requirements.''
(c) by deleting subsection (i) and inserting in lieu
thereof--
``(i) Reports.--The Administrator shall submit a report on
NASA's restructuring activities to the Committee on
Appropriations of the House of Representatives and the
Committee on Appropriations of the Senate not later than
September 30, 2001. This report shall include--
``(1) an outline of a timetable for restructuring the
workforce at NASA Headquarters and field Centers;
``(2) annual Full Time Equivalent (FTE) targets by
broad occupational categories and a summary of how
these targets reflect the respective missions of
Headquarters and the field Centers;
``(3) a description of personnel initiatives, such as
relocation assistance, early retirement incentives, and
career transition assistance, which NASA will use to
achieve personnel reductions or to rebalance the
workforce; and
``(4) a description of efficiencies in operations
achieved through the use of the voluntary separation
incentive.''; and
(d) in subsection (j), by deleting ``September 30, 2000'' and
inserting in lieu thereof ``September 30, 2002''.
Sec. 429. Section 70113(f) of title 49, United States Code,
is amended by striking ``December 31, 2000'', and inserting
``December 31, 2001''.
Sec. 430. 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.
Sec. 431. Title III of the National Aeronautics and Space Act
of 1958, Public Law 85-568, is amended by adding the following
new section at the end:
``Sec. 312. (a) Appropriations for the Administration for
fiscal year 2002 and thereafter shall be made in three
accounts, `Human space flight', `Science, aeronautics and
technology', and an account for amounts appropriated for the
necessary expenses of the Office of Inspector General.
Appropriations shall remain available for 2 fiscal years. Each
account shall include the planned full costs of the
Administration's related activities.
``(b) To ensure the safe, timely, and successful
accomplishment of Administration missions, the Administration
may transfer amounts for Federal salaries and benefits;
training, travel and awards; facility and related costs;
information technology services; publishing services; science,
engineering, fabricating and testing services; and other
administrative services among accounts, as necessary.
``(c) The Administrator, in consultation with the Director of
the Office of Management and Budget, shall determine what
balances from the `Mission support' account are to be
transferred to the `Human space flight' and `Science,
aeronautics and technology' accounts. Such balances shall be
transferred and merged with the `Human space flight' and
`Science, aeronautics and technology' accounts, and remain
available for the period of which originally appropriated.''.
TITLE V--FILIPINO VETERANS' BENEFITS IMPROVEMENTS
Sec. 501. (a) Rate of Compensation Payments for Filipino
Veterans Residing in the United States.--(1) Section 107 of
title 38, United States Code, is amended--
(A) by striking ``Payments'' in the second sentence
of subsection (a) and inserting ``Except as provided in
subsection (c), payments''; and
(B) by adding at the end the following new
subsection:
``(c) In the case of benefits under subchapters II and IV of
chapter 11 of this title paid by reason of service described in
subsection (a) to an individual residing in the United States
who is a citizen of, or an alien lawfully admitted for
permanent residence in, the United States, the second sentence
of subsection (a) shall not apply.''.
(2) The amendments made by paragraph (1) shall take effect on
the date of the enactment of this Act and shall apply to
benefits paid for months beginning on or after that date.
(b) Eligibility for Health Care of Disabled Filipino Veterans
Residing in the United States.--Section 1734 of such title is
amended--
(1) by inserting ``(a)'' before ``The Secretary,'';
and
(2) by adding at the end the following:
``(b) An individual who is in receipt of benefits under
subchapter II or IV of chapter 11 of this title paid by reason
of service described in section 107(a) of this title who is
residing in the United States and who is a citizen of, or an
alien lawfully admitted for permanent residence in, the United
States shall be eligible for hospital and nursing home care and
medical services in the same manner as a veteran, and the
disease or disability for which such benefits are paid shall be
considered to be a service-connected disability for purposes of
this chapter.''.
(c) Health Care for Veterans Residing in the Philippines.--
Section 1724 of such title is amended by adding at the end the
following new subsection:
``(e) Within the limits of an outpatient clinic in the
Republic of the Philippines that is under the direct
jurisdiction of the Secretary, the Secretary may furnish a
veteran who has a service-connected disability with such
medical services as the Secretary determines to be needed.''.
TITLE VI--DEBT REDUCTION
DEPARTMENT OF THE TREASURY
Bureau of the Public Debt
gifts to the united states for reduction of the public debt
For deposit of an additional amount for fiscal year 2001 into
the account established under section 3113(d) of title 31,
United States Code, to reduce the public debt,
$5,172,730,916.14.
DIVISION B
ENERGY AND WATER DEVELOPMENT APPROPRIATIONS ACT, 2001
Sec. 1001. Such amounts as may be necessary are hereby
appropriated for programs, projects, or activities provided for
in H.R. 4733, the Energy and Water Development Appropriations
Act, 2001, to the extent and in the manner provided for in the
conference report and joint explanatory statement of the
committee of conference (House Report 106-907) as filed in the
House of Representatives on September 27, 2000, as if enacted
into law, except:
(1) that such conference report shall be considered
as not including those provisions in section 103 of the
conference report on H.R. 4733 as filed in the House of
Representatives on September 27, 2000;
(2) that such conference report on H.R. 4733 filed in
the House of Representatives on September 27, 2000
shall be considered as providing $1,000,000 for the
Upper Susquehanna River Basin, New York, investigation
within available funds under General Investigations in
Title I;
(3) that such conference report on H.R. 4733 filed in
the House of Representatives on September 27, 2000
shall be considered as appropriating $1,717,199,000 for
Construction, General under Title I, including
$8,400,000 for the Elba, Alabama, flood control
project; $10,800,000 for the Geneva, Alabama, flood
control project; $1,000,000 for the Metropolitan
Louisville, Beargrass Creek, Kentucky, project;
$3,000,000 for the St. Louis, Missouri, environmental
infrastructure project authorized by section 502(f)(32)
of Public Law 106-53; and $2,000,000 for the Black Fox,
Murfree and Oaklands Springs Wetlands, Tennessee,
project;
(4) that such conference report on H.R. 4733 filed in
the House of Representatives on September 27, 2000
shall be considered as including the following at the
end of Title I:
``Sec. 106. The Secretary of the Army, acting through the
Chief of Engineers, is authorized to construct the locally
preferred plan for flood control, environmental restoration and
recreation, Murrieta Creek, California, described as
Alternative 6, based on the Murrieta Creek Feasibility Report
and Environmental Impact Statement dated October 2000, at a
total cost of $89,850,000, with an estimated Federal cost of
$57,735,000 and an estimated non-Federal cost of $32,115,000.
``Sec. 107. Within available funds, the Secretary of the
Army, acting through the Chief of Engineers, is directed to
continue construction of the Rio Grand de Manati flood control
project at Barceloneta, Puerto Rico, which was initiated under
the authority of the Section 205 program prior to being
specifically authorized in the Water Resources Development Act
of 1999.'';
(5) that such conference report on H.R. 4733 filed in
the House of Representatives on September 27, 2000
shall be considered as providing that $19,158,000 of
the amount appropriated under the Central Utah Project
Completion Account under Title II shall be deposited
into the Utah Reclamation Mitigation and Conservation
Account;
(6) that such conference report on H.R. 4733 filed in
the House of Representatives on September 27, 2000
shall be considered as not including those provisions
in section 211, and shall be considered as including
the following new section 211:
``Sec. 211. Section 106 of the San Luis Rey Indian Water
Rights Settlement Act (Public Law 100-675, 102 Stat. 4000 et
seq.) is amended by adding at the end the following new
subsection:
```(f) Requirement to Furnish Water, Power Capacity and
Energy.--Notwithstanding any other provision of law, in order
to fulfill the trust responsibility to the Bands, the
Secretary, acting through the Commissioner of Reclamation,
shall permanently furnish annually the following:
```(1) Water.--16,000 acre-feet of the water
conserved by the works authorized by title II, for the
benefit of the Bands and the local entities in
accordance with the settlement agreement: Provided,
That during construction of said works, the Indian
Water Authority and the local entities shall receive 17
percent of any water conserved by said works up to a
maximum of 16,000 acre-feet per year. The Indian Water
Authority and the local entities shall pay their
proportionate share of such costs as are provided by
section 203(b) of title II or are agreed to by them.
```(2) Power capacity and energy.--Beginning on the
date when conserved water from the works authorized by
title II first becomes available, power capacity and
energy through the Yuma Arizona Area Aggregate Power
Managers (Yuma Area Contractors), at no cost and at no
further expense to the United States, the Indian Water
Authority, the Bands, and the local entities, in
amounts sufficient to convey the water conserved
pursuant to paragraph (1) from Lake Havasu through the
Colorado River Aqueduct and to the places of use on the
Bands' reservations or in the local entities' service
areas in accordance with the settlement agreement. The
Secretary, through a coterminus exhibit to Bureau of
Reclamation Contract No. 6-CU-30-P1136, shall enter
into an agreement with the Yuma Area Contractors which
shall provide for furnishing annually and permanently
said power capacity and energy by said Yuma Area
Contractors at no cost and at no further expense to the
United States, the Indian Water Authority, the Bands,
and the local entities. The Secretary shall authorize
the Yuma Area Contractors to utilize federal project
use power provided for in Bureau of Reclamation
Contracts numbered 6-CU-30-P1136, 6-CU-30-P1137, and 6-
CU-30-P1138 for the full range of purposes served by
the Yuma Area Contractors, including the purpose of
supplying the power capacity and energy to convey the
conserved water referred to in paragraph (1), for so
long as the Yuma Area Contractors meet their obligation
to provide sufficient power capacity and energy for the
conveyance of said conserved water. If for any reason
the Yuma Area Contractors do not provide said power
capacity and energy for the conveyance of said
conserved water, then the Secretary shall furnish said
power capacity and energy annually and permanently at
the lowest rate assigned to project use power within
the jurisdiction of the Bureau of Reclamation in
accordance with Exhibit E ``Project Use Power'' of the
Agreement between Water and Power Resources Service,
Department of the Interior, and Western Area Power
Administration, Department of Energy (March 26, 1980).
```Sec. 106A. Annual Repayment Installments. During the
period of planning, design and construction of any of the works
authorized by title II of Public Law 100-675 and during the
period that the Indian Water Authority and the local entities
referred to in said Act receive up to 16,000 acre feet of the
water conserved by said works, the annual repayment
installments provided in Section 102(b) of Public Law 93-320
shall continue to be nonreimbursable. Nothing in this Section
shall affect the National obligation set forth in Section
101(c) of Public Law 93-320.'.''; and
(7) that such conference report shall be considered
as not including those provisions in section 605 of the
conference report on H.R. 4733 as filed in the House of
Representatives on September 27, 2000.
Sec. 1002. In publishing this Act in slip form and in the
United States Code, the Archivist of the United States shall
include after the date of approval at the end an appendix
setting forth the text of the bill referred to in section 1001.
DIVISION C
In lieu of a statement of the managers that would otherwise
accompany a conference report for a bill making appropriations
for Federal agencies and activities provided for in this Act,
reports that are filed in identical form by the House and
Senate Committees on Appropriations prior to adjournment of the
One Hundred Sixth Congress shall be considered by the Office of
Management and Budget, and the agencies responsible for the
obligation and expenditure of funds provided in this Act, as
having the same standing, force and legislative history as
would a statement of the managers accompanying a conference
report.
Titles I-IV of division A of this Act may be cited as the
``Departments of Veterans Affairs and Housing and Urban
Development, and Independent Agencies Appropriations Act,
2001''.
Attest:
Secretary.
106th CONGRESS
2d Session
H. R. 4635
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