[Congressional Record Volume 147, Number 112 (Friday, August 3, 2001)]
[Senate]
[Pages S8980-S8993]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




DEPARTMENTS OF VETERANS AFFAIRS AND HOUSING AND URBAN DEVELOPMENT, AND 
             INDEPENDENT AGENCIES APPROPRIATIONS ACT, 2002

  On August 2, 2001, the Senate amended and passed H.R. 2620, as 
follows:

       Resolved, That the bill from the House of Representatives 
     (H.R. 2620) 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, 2002, and for other purposes.'', do pass 
     with the following amendment:
       Strike out all after the enacting clause and insert:
     That the following sums are appropriated, out of any money in 
     the Treasury not otherwise appropriated, for the Departments 
     of Veteran Affairs and Housing and Urban Development, and for 
     sundry independent agencies, boards, commissions, 
     corporations, and offices for the fiscal year ending 
     September 30, 2002, and for other purposes, namely:

                TITLE I--DEPARTMENT OF VETERANS AFFAIRS

                    Veterans Benefits Administration


                       compensation and pensions

                     (including transfers of funds)

       For the payment of compensation benefits to or on behalf of 
     veterans and a pilot program for disability examinations as 
     authorized by law (38 U.S.C. 107, chapters 11, 13, 18, 51, 
     53, 55, and 61); pension benefits to or on behalf of veterans 
     as authorized by law (38 U.S.C. chapters 15, 51, 53, 55, and 
     61; 92 Stat. 2508); and burial benefits, emergency and other 
     officers' retirement pay, adjusted-service credits and 
     certificates, payment of premiums due on commercial life 
     insurance policies guaranteed under the provisions of Article 
     IV of the Soldiers' and Sailors' Civil Relief Act of 1940, as 
     amended, and for other benefits as authorized by law (38 
     U.S.C. 107, 1312, 1977, and 2106, chapters 23, 51, 53, 55, 
     and 61; 50 U.S.C. App. 540-548; 43 Stat. 122, 123; 45 Stat. 
     735; 76 Stat. 1198), $24,944,288,000, to remain available 
     until expended: Provided, That not to exceed $17,940,000 of 
     the amount appropriated shall be reimbursed to ``General 
     operating expenses'' and ``Medical care'' for necessary 
     expenses in implementing those provisions authorized in the 
     Omnibus Budget Reconciliation Act of 1990, and in the 
     Veterans' Benefits Act of 1992 (38 U.S.C. chapters 51, 53, 
     and 55), the funding source for which is specifically 
     provided as the ``Compensation and pensions'' appropriation: 
     Provided further, That such sums as may be earned on an 
     actual qualifying patient basis, shall be reimbursed to 
     ``Medical facilities revolving fund'' to augment the funding 
     of individual medical facilities for nursing home care 
     provided to pensioners as authorized.


                         readjustment benefits

       For the payment of readjustment and rehabilitation benefits 
     to or on behalf of veterans as authorized by 38 U.S.C. 
     chapters 21, 30, 31, 34, 35, 36, 39, 51, 53, 55, and 61, 
     $2,135,000,000, to remain available until expended: Provided, 
     That expenses for rehabilitation program services and 
     assistance which the Secretary is authorized to provide under 
     section 3104(a) of title 38, United States Code, other than 
     under subsection (a)(1), (2), (5) and (11) of that section, 
     shall be charged to the account: Provided further, That funds 
     shall be available to pay any court order, court award or any 
     compromise settlement arising from litigation involving the 
     vocational training program authorized by section 18 of 
     Public Law 98-77, as amended.


                   veterans insurance and indemnities

       For military and naval insurance, national service life 
     insurance, servicemen's indemnities, service-disabled 
     veterans insurance, and veterans mortgage life insurance as 
     authorized by 38 U.S.C. chapter 19; 70 Stat. 887; 72 Stat. 
     487, $26,200,000, to remain available until expended.

         veterans housing benefit program fund program account


                     (including transfer of funds)

       For the cost of direct and guaranteed loans, such sums as 
     may be necessary to carry out the program, as authorized by 
     38 U.S.C. chapter 37, as amended: Provided, That such costs, 
     including the cost of modifying such loans, shall be as 
     defined in section 502 of the Congressional Budget Act of 
     1974, as amended: Provided further, That during fiscal year 
     2002, within the resources available, not to exceed $300,000 
     in gross obligations for direct loans are authorized for 
     specially adapted housing loans.
       In addition, for administrative expenses to carry out the 
     direct and guaranteed loan programs, $164,497,000, which may 
     be transferred to and merged with the appropriation for 
     ``General operating expenses''.


                  education loan fund program account

                     (including transfer of funds)

       For the cost of direct loans, $1,000, as authorized by 38 
     U.S.C. 3698, as amended: Provided, That such costs, including 
     the cost of modifying such loans, shall be as defined in 
     section 502 of the Congressional Budget Act of 1974, as 
     amended: Provided further, That these funds are available to 
     subsidize gross obligations for the principal amount of 
     direct loans not to exceed $3,400.
       In addition, for administrative expenses necessary to carry 
     out the direct loan program, $64,000, which may be 
     transferred to and merged with the appropriation for 
     ``General operating expenses''.

            vocational rehabilitation loans program account


                     (including transfer of funds)

       For the cost of direct loans, $72,000, as authorized by 38 
     U.S.C. chapter 31, as amended: Provided, That such costs, 
     including the cost of modifying such loans, shall be as 
     defined in section 502 of the Congressional Budget Act of 
     1974, as amended: Provided further, That these funds are 
     available to subsidize gross obligations for the principal 
     amount of direct loans not to exceed $3,301,000.
       In addition, for administrative expenses necessary to carry 
     out the direct loan program, $274,000, which may be 
     transferred to and merged with the appropriation for 
     ``General operating expenses''.

          native american veteran housing loan program account


                     (including transfer of funds)

       For administrative expenses to carry out the direct loan 
     program authorized by 38 U.S.C. chapter 37, subchapter V, as 
     amended, $544,000, which may be transferred to and merged 
     with the appropriation for ``General operating expenses''.

  guaranteed transitional housing loans for homeless veterans program 
                                account


                     (including transfer of funds)

       Not to exceed $750,000 of the amounts appropriated by this 
     Act for ``General operating expenses'' and ``Medical care'' 
     may be expended for the administrative expenses to carry out 
     the guaranteed loan program authorized by 38 U.S.C. chapter 
     37, subchapter VI.

                     Veterans Health Administration


                              medical care

                     (including transfer of funds)

       For necessary expenses for the maintenance and operation of 
     hospitals, nursing homes, and domiciliary facilities; for 
     furnishing, as authorized by law, inpatient and outpatient 
     care and treatment to beneficiaries of the Department of 
     Veterans Affairs, including care and treatment in facilities 
     not under the jurisdiction of the department; and furnishing 
     recreational facilities,

[[Page S8981]]

     supplies, and equipment; funeral, burial, and other expenses 
     incidental thereto for beneficiaries receiving care in the 
     department; administrative expenses in support of planning, 
     design, project management, real property acquisition and 
     disposition, construction and renovation of any facility 
     under the jurisdiction or for the use of the department; 
     oversight, engineering and architectural activities not 
     charged to project cost; repairing, altering, improving or 
     providing facilities in the several hospitals and homes under 
     the jurisdiction of the department, not otherwise provided 
     for, either by contract or by the hire of temporary employees 
     and purchase of materials; uniforms or allowances therefor, 
     as authorized by 5 U.S.C. 5901-5902; aid to State homes as 
     authorized by 38 U.S.C. 1741; administrative and legal 
     expenses of the department for collecting and recovering 
     amounts owed the department as authorized under 38 U.S.C. 
     chapter 17, and the Federal Medical Care Recovery Act, 42 
     U.S.C. 2651 et seq., $21,379,742,000, plus reimbursements: 
     Provided, That of the funds made available under this 
     heading, $675,000,000 is for the equipment and land and 
     structures object classifications only, which amount shall 
     not become available for obligation until August 1, 2002, and 
     shall remain available until September 30, 2003: Provided 
     further, That of the funds made available under this heading, 
     not to exceed $900,000,000 shall be available until September 
     30, 2003: Provided further, That, in addition to other funds 
     made available under this heading for non-recurring 
     maintenance and repair (NRM) activities, $30,000,000 shall be 
     available without fiscal year limitation to support the NRM 
     activities necessary to implement Capital Asset Realignment 
     for Enhanced Services (CARES) activities: Provided further, 
     That from amounts appropriated under this heading, additional 
     amounts, as designated by the Secretary no later than 
     September 30, 2002, may be used for CARES activities without 
     fiscal year limitation: Provided further, That the Secretary 
     of Veterans Affairs shall conduct by contract a program of 
     recovery audits for the fee basis and other medical services 
     contracts with respect to payments for hospital care; and, 
     notwithstanding 31 U.S.C. 3302(b), amounts collected, by 
     setoff or otherwise, as the result of such audits shall be 
     available, without fiscal year limitation, for the purposes 
     for which funds are appropriated under this heading and the 
     purposes of paying a contractor a percent of the amount 
     collected as a result of an audit carried out by the 
     contractor: Provided further, That all amounts so collected 
     under the preceding proviso with respect to a designated 
     health care region (as that term is defined in 38 U.S.C. 
     1729A(d)(2)) shall be allocated, net of payments to the 
     contractor, to that region.
       In addition, in conformance with Public Law 105-33 
     establishing the Department of Veterans Affairs Medical Care 
     Collections Fund, such sums as may be deposited to such Fund 
     pursuant to 38 U.S.C. 1729A may be transferred to this 
     account, to remain available until expended for the purposes 
     of this account.


                    medical and prosthetic research

       For necessary expenses in carrying out programs of medical 
     and prosthetic research and development as authorized by 38 
     U.S.C. chapter 73, to remain available until September 30, 
     2003, $390,000,000, plus reimbursements.


      medical administration and miscellaneous operating expenses

       For necessary expenses in the administration of the 
     medical, hospital, nursing home, domiciliary, construction, 
     supply, and research activities, as authorized by law; 
     administrative expenses in support of capital policy 
     activities, $67,628,000, plus reimbursements: Provided, That 
     technical and consulting services offered by the Facilities 
     Management Field Service, including project management and 
     real property administration (including leases, site 
     acquisition and disposal activities directly supporting 
     projects), shall be provided to Department of Veterans 
     Affairs components only on a reimbursable basis, and such 
     amounts will remain available until September 30, 2002.

                      Departmental Administration


                       general operating expenses

       For necessary operating expenses of the Department of 
     Veterans Affairs, not otherwise provided for, including 
     uniforms or allowances therefor; not to exceed $25,000 for 
     official reception and representation expenses; hire of 
     passenger motor vehicles; and reimbursement of the General 
     Services Administration for security guard services, and the 
     Department of Defense for the cost of overseas employee mail, 
     $1,194,831,000: Provided, That expenses for services and 
     assistance authorized under 38 U.S.C. 3104(a)(1), (2), (5) 
     and (11) that the Secretary determines are necessary to 
     enable entitled veterans (1) to the maximum extent feasible, 
     to become employable and to obtain and maintain suitable 
     employment; or (2) to achieve maximum independence in daily 
     living, shall be charged to this account: Provided further, 
     That of the funds made available under this heading, not to 
     exceed $60,000,000 shall be available until September 30, 
     2003: Provided further, That of the funds made available 
     under this heading, the Veterans Benefits Administration may 
     purchase up to four passenger motor vehicles for use in their 
     Manila, Philippines operation: Provided further, That travel 
     expenses for this account shall not exceed $15,665,000.

                    national cemetery administration

       For necessary expenses of the National Cemetery 
     Administration for operations and maintenance, not otherwise 
     provided for, including uniforms or allowances therefor; 
     cemeterial expenses as authorized by law; purchase of one 
     passenger motor vehicle for use in cemeterial operations; and 
     hire of passenger motor vehicles, $121,169,000.

                      office of inspector general

       For necessary expenses of the Office of Inspector General 
     in carrying out the Inspector General Act of 1978, as 
     amended, $48,308,000.


                      construction, major projects

       For constructing, altering, extending and improving any of 
     the facilities under the jurisdiction or for the use of the 
     Department of Veterans Affairs, or for any of the purposes 
     set forth in sections 316, 2404, 2406, 8102, 8103, 8106, 
     8108, 8109, 8110, and 8122 of title 38, United States Code, 
     including planning, architectural and engineering services, 
     maintenance or guarantee period services costs associated 
     with equipment guarantees provided under the project, 
     services of claims analysts, offsite utility and storm 
     drainage system construction costs, and site acquisition, 
     where the estimated cost of a project is $4,000,000 or more 
     or where funds for a project were made available in a 
     previous major project appropriation, $155,180,000, to remain 
     available until expended, of which $60,000,000 shall be for 
     Capital Asset Realignment for Enhanced Services (CARES) 
     activities; and of which not to exceed $20,000,000 shall be 
     for costs associated with land acquisitions for national 
     cemeteries in the vicinity of Sacramento, California; 
     Pittsburgh, Pennsylvania; and Detroit, Michigan: Provided, 
     That except for advance planning activities (including 
     market-based and other assessments of needs which may lead to 
     capital investments) funded through the advance planning 
     fund, design of projects funded through the design fund, and 
     planning and design activities funded through the CARES fund 
     (including market-based and other assessments of needs which 
     may lead to capital investments), none of these funds shall 
     be used for any project which has not been approved by the 
     Congress in the budgetary process: Provided further, That 
     funds provided in this appropriation for fiscal year 2002, 
     for each approved project (except those for CARES activities 
     and the three land acquisitions referenced above) shall be 
     obligated: (1) by the awarding of a construction documents 
     contract by September 30, 2002; and (2) by the awarding of a 
     construction contract by September 30, 2003: Provided 
     further, That the Secretary shall promptly report in writing 
     to the Committees on Appropriations any approved major 
     construction project in which obligations are not incurred 
     within the time limitations established above: Provided 
     further, That no funds from any other account except the 
     ``Parking revolving fund'', may be obligated for 
     constructing, altering, extending, or improving a project 
     which was approved in the budget process and funded in this 
     account until one year after substantial completion and 
     beneficial occupancy by the Department of Veterans Affairs of 
     the project or any part thereof with respect to that part 
     only.


                      construction, minor projects

       For constructing, altering, extending, and improving any of 
     the facilities under the jurisdiction or for the use of the 
     Department of Veterans Affairs, including planning and 
     assessments of needs which may lead to capital investments, 
     architectural and engineering services, maintenance or 
     guarantee period services costs associated with equipment 
     guarantees provided under the project, services of claims 
     analysts, offsite utility and storm drainage system 
     construction costs, and site acquisition, or for any of the 
     purposes set forth in sections 316, 2404, 2406, 8102, 8103, 
     8106, 8108, 8109, 8110, 8122, and 8162 of title 38, United 
     States Code, where the estimated cost of a project is less 
     than $4,000,000, $178,900,000, to remain available until 
     expended, along with unobligated balances of previous 
     ``Construction, minor projects'' appropriations which are 
     hereby made available for any project where the estimated 
     cost is less than $4,000,000, of which $25,000,000 shall be 
     for Capital Asset Realignment for Enhanced Services (CARES) 
     activities: Provided, That from amounts appropriated under 
     this heading, additional amounts may be used for CARES 
     activities: Provided further, That funds in this account 
     shall be available for: (1) repairs to any of the nonmedical 
     facilities under the jurisdiction or for the use of the 
     department which are necessary because of loss or damage 
     caused by any natural disaster or catastrophe; and (2) 
     temporary measures necessary to prevent or to minimize 
     further loss by such causes.


                         parking revolving fund

       For the parking revolving fund as authorized by 38 U.S.C. 
     8109, income from fees collected and $4,000,000 from the 
     General Fund, both to remain available until expended, which 
     shall be available for all authorized expenses except 
     operations and maintenance costs, which will be funded from 
     ``Medical care''.


       grants for construction of state extended care facilities

       For grants to assist States to acquire or construct State 
     nursing home and domiciliary facilities and to remodel, 
     modify or alter existing hospital, nursing home and 
     domiciliary facilities in State homes, for furnishing care to 
     veterans as authorized by 38 U.S.C. 8131-8137, $100,000,000, 
     to remain available until expended.


        grants for the construction of state veterans cemeteries

       For grants to aid States in establishing, expanding, or 
     improving State veterans cemeteries as authorized by 38 
     U.S.C. 2408, $25,000,000, to remain available until expended.

                       Administrative Provisions


                     (including transfer of funds)

       Sec. 101. Any appropriation for fiscal year 2002 for 
     ``Compensation and pensions'', ``Readjustment benefits'', and 
     ``Veterans insurance and indemnities'' may be transferred to 
     any other of the mentioned appropriations.
       Sec. 102. Appropriations available to the Department of 
     Veterans Affairs for fiscal year 2002

[[Page S8982]]

     for salaries and expenses shall be available for services 
     authorized by 5 U.S.C. 3109.
       Sec. 103. No appropriations in this Act for the Department 
     of Veterans Affairs (except the appropriations for 
     ``Construction, major projects'', ``Construction, minor 
     projects'', and the ``Parking revolving fund'') shall be 
     available for the purchase of any site for or toward the 
     construction of any new hospital or home.
       Sec. 104. No appropriations in this Act for the Department 
     of Veterans Affairs shall be available for hospitalization or 
     examination of any persons (except beneficiaries entitled 
     under the laws bestowing such benefits to veterans, and 
     persons receiving such treatment under 5 U.S.C. 7901-7904 or 
     42 U.S.C. 5141-5204), unless reimbursement of cost is made to 
     the ``Medical care'' account at such rates as may be fixed by 
     the Secretary of Veterans Affairs.
       Sec. 105. Appropriations available to the Department of 
     Veterans Affairs for fiscal year 2002 for ``Compensation and 
     pensions'', ``Readjustment benefits'', and ``Veterans 
     insurance and indemnities'' shall be available for payment of 
     prior year accrued obligations required to be recorded by law 
     against the corresponding prior year accounts within the last 
     quarter of fiscal year 2001.
       Sec. 106. Appropriations accounts available to the 
     Department of Veterans Affairs for fiscal year 2002 shall be 
     available to pay prior year obligations of corresponding 
     prior year appropriations accounts resulting from title X of 
     the Competitive Equality Banking Act, Public Law 100-86, 
     except that if such obligations are from trust fund accounts 
     they shall be payable from ``Compensation and pensions''.
       Sec. 107. Notwithstanding any other provision of law, 
     during fiscal year 2002, the Secretary of Veterans Affairs 
     shall, from the National Service Life Insurance Fund (38 
     U.S.C. 1920), the Veterans' Special Life Insurance Fund (38 
     U.S.C. 1923), and the United States Government Life Insurance 
     Fund (38 U.S.C. 1955), reimburse the ``General operating 
     expenses'' account for the cost of administration of the 
     insurance programs financed through those accounts: Provided, 
     That reimbursement shall be made only from the surplus 
     earnings accumulated in an insurance program in fiscal year 
     2002, that are available for dividends in that program after 
     claims have been paid and actuarially determined reserves 
     have been set aside: Provided further, That if the cost of 
     administration of an insurance program exceeds the amount of 
     surplus earnings accumulated in that program, reimbursement 
     shall be made only to the extent of such surplus earnings: 
     Provided further, That the Secretary shall determine the cost 
     of administration for fiscal year 2002, which is properly 
     allocable to the provision of each insurance program and to 
     the provision of any total disability income insurance 
     included in such insurance program.
       Sec. 108. For fiscal year 2002 only, funds available in any 
     Department of Veterans Affairs appropriation or fund for 
     salaries and other administrative expenses shall also be 
     available to reimburse the Office of Resolution Management 
     and the Office of Employment Discrimination Complaint 
     Adjudication for all services provided at rates which will 
     recover actual costs. Payments may be made in advance for 
     services to be furnished, based on estimated costs. Amounts 
     received shall be credited to the General Operating Expenses 
     account for use by the office that provided the service. 
     Total resources available to these offices for fiscal year 
     2002 shall not exceed $28,550,000 for the Office of 
     Resolution Management and $2,383,000 for the Office of 
     Employment and Discrimination Complaint Adjudication.
       Sec. 109. Notwithstanding any other provision of law, the 
     Department of Veterans Affairs shall continue the Franchise 
     Fund pilot program authorized to be established by section 
     403 of Public Law 103-356 until October 1, 2002: Provided, 
     That the Franchise Fund, established by Title I of Public Law 
     104-204 to finance the operations of the Franchise Fund pilot 
     program, shall continue until October 1, 2002.
       Sec. 110. (a) Study of Viscosupplementation.--The Secretary 
     of Veterans Affairs shall carry out a study of the benefits 
     and costs of using viscosupplementation as a means of 
     treating degenerative knee diseases in veterans instead of, 
     or as a means of delaying, knee replacement. The study shall 
     consider the benefits and costs of the procedure for veterans 
     and the effect of the use of the procedure on the provision 
     of medical care by the Department of Veterans Affairs.
       (b) Report.--Not later than one year after the date of the 
     enactment of this Act, the Secretary shall submit to Congress 
     a report on the study carried out under subsection (a). The 
     report shall set forth the results of the study, and include 
     such other information regarding the study, including 
     recommendations as a result of the study, as the Secretary 
     considers appropriate.
       (c) Funding.--The Secretary shall carry out the study under 
     subsection (a) using amounts available to the Secretary under 
     this title under the heading ``medical and prosthetic 
     research''.
       Sec. 111. (a) Eligibility of North Dakota Veterans Cemetery 
     for Aid Regarding Veterans Cemeteries.--The Secretary of 
     Veterans Affairs shall treat the North Dakota Veterans 
     Cemetery, Mandan, North Dakota, as a veterans cemetery owned 
     by the State of North Dakota for purposes of making grants to 
     States in expanding or improving veterans cemeteries under 
     section 2408 of title 38, United States Code.
       (b) Applicability.--This section shall take effect on the 
     date of enactment of this Act, and shall apply with respect 
     to grants under section 2408 of title 38, United States Code, 
     that occur on or after that date.
       Sec. 112. 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 rescission and transfers of funds)

       For activities and assistance to prevent the involuntary 
     displacement of low-income families, the elderly and the 
     disabled because of the loss of affordable housing stock, 
     expiration of subsidy contracts (other than contracts for 
     which amounts are provided under another heading in this Act) 
     or expiration of use restrictions, or other changes in 
     housing assistance arrangements, and for other purposes, 
     $15,658,769,000 and amounts that are recaptured in this 
     account to remain available until expended: Provided, That of 
     the total amount provided under this heading, 
     $15,506,746,000, of which $11,306,746,000 shall be available 
     on October 1, 2001 and $4,200,000,000 shall be available on 
     October 1, 2002 shall be for assistance under the United 
     States Housing Act of 1937, as amended (``the Act'' herein) 
     (42 U.S.C. 1437): Provided further, That the foregoing 
     amounts shall be for use in connection with expiring or 
     terminating section 8 subsidy contracts, for amendments to 
     section 8 subsidy contracts, for enhanced vouchers (including 
     amendments and renewals) under any provision of law 
     authorizing such assistance under section 8(t) of the Act (47 
     U.S.C. 1437f(t)), contract administrators, and contracts 
     entered into pursuant to section 441 of the McKinney-Vento 
     Homeless Assistance Act: Provided further, That amounts 
     available under the first proviso under this heading shall be 
     available for section 8 rental assistance under the Act: (1) 
     for the relocation and replacement of housing units that are 
     demolished or disposed of pursuant to the Omnibus 
     Consolidated Rescissions and Appropriations Act of 1996; (2) 
     for the conversion of section 23 projects to assistance under 
     section 8; (3) for funds to carry out the family unification 
     program; (4) for the relocation of witnesses in connection 
     with efforts to combat crime in public and assisted housing 
     pursuant to a request from a law enforcement or prosecution 
     agency; (5) for tenant protection assistance, including 
     replacement and relocation assistance; and (6) for the 1-year 
     renewal of section 8 contracts at current rents for units in 
     a project that is subject to an approved plan of action under 
     the Emergency Low Income Housing Preservation Act of 1987 or 
     the Low-Income Housing Preservation and Resident 
     Homeownership Act of 1990: Provided further, That of the 
     total amount provided under this heading, no less than 
     $13,400,000 shall be transferred to the Working Capital Fund 
     for the development and maintenance of information technology 
     systems: Provided further, That of the total amount provided 
     under this heading, $40,000,000 shall be made available to 
     nonelderly disabled families affected by the designation of a 
     public housing development under section 7 of the Act, the 
     establishment of preferences in accordance with section 651 
     of the Housing and Community Development Act of 1992 (42 
     U.S.C. 1361l), or the restriction of occupancy to elderly 
     families in accordance with section 658 of such Act, and to 
     the extent the Secretary determines that such amount is not 
     needed to fund applications for such affected families, to 
     other nonelderly disabled families: Provided further, That of 
     the total amount provided under this heading, $98,623,000 
     shall be made available for incremental vouchers under 
     section 8 of the Act on a fair share basis to those public 
     housing agencies that have no less than 97 percent occupancy 
     rate: Provided further, That amounts available under this 
     heading may be made available for administrative fees and 
     other expenses to cover the cost of administering rental 
     assistance programs under section 8 of the Act: Provided 
     further, That the fee otherwise authorized under section 8(q) 
     of such Act shall be determined in accordance with section 
     8(q), as in effect immediately before the enactment of the 
     Quality Housing and Work Responsibility Act of 1998: Provided 
     further, That $615,000,000 are rescinded from unobligated 
     balances remaining from funds appropriated to the Department 
     of Housing and Urban Development under this heading or the 
     heading ``Annual contributions for assisted housing'' for 
     fiscal year 2002 and prior years: Provided further, That, 
     after the amount is rescinded under the previous proviso, to 
     the extent an additional amount is available for rescission 
     from unobligated balances remaining for funds appropriated to 
     the Department of Housing and Urban Development under this 
     heading or the heading ``Annual contributions for assisted 
     housing'' for fiscal year 2002 and prior years, such amount 
     shall be made available on a pro-rata basis, no sooner than 
     September 1, 2002, and shall be transferred for use under the 
     ``Research and Related Activities'' account of the National 
     Science Foundation, and shall be transferred for use under 
     the ``Science, Aeronautics and Technology'' account of the 
     National Aeronautics and Space Administration, and shall be 
     transferred for use under the ``HOME investment partnership 
     program'' account of the Department of Housing and Urban 
     Development for the production of mixed-income

[[Page S8983]]

     housing for which this amount shall be used to assist the 
     construction of units that serve extremely low-income 
     families, and shall be transferred for use under the 
     ``Housing for Special Populations'' account of the Department 
     of Housing and Urban Development: Provided further, That the 
     Secretary shall have until September 30, 2002, to meet the 
     rescissions in the preceding provisos: Provided further, That 
     any obligated balances of contract authority that have been 
     terminated shall be canceled.


                      public housing capital fund

                     (including transfer of funds)

       For the Public Housing Capital Fund Program to carry out 
     capital and management activities for public housing 
     agencies, as authorized under section 9 of the United States 
     Housing Act of 1937, as amended (42 U.S.C. 1437), 
     $2,943,400,000, to remain available until September 30, 2003, 
     of which up to $50,000,000 shall be for carrying out 
     activities under section 9(h) of such Act, up to $500,000 
     shall be for lease adjustments to section 23 projects and no 
     less than $43,000,000 shall be transferred to the Working 
     Capital Fund for the development and maintenance of 
     information technology systems: Provided, That no funds may 
     be used under this heading for the purposes specified in 
     section 9(k) of the United States Housing Act of 1937, as 
     amended: Provided further, That of the total amount, up to 
     $75,000,000 shall be available for the Secretary of Housing 
     and Urban Development to make grants to public housing 
     agencies for emergency capital needs resulting from 
     emergencies and natural disasters in fiscal year 2002.


                     public housing operating fund

       For payments to public housing agencies for the operation 
     and management of public housing, as authorized by section 
     9(e) of the United States Housing Act of 1937, as amended (42 
     U.S.C. 1437g), $3,384,868,000, to remain available until 
     September 30, 2003: Provided, That no funds may be used under 
     this heading for the purposes specified in section 9(k) of 
     the United States Housing Act of 1937, as amended.


             drug elimination grants for low-income housing

       For grants to public housing agencies and Indian tribes and 
     their tribally designated housing entities for use in 
     eliminating crime in public housing projects authorized by 42 
     U.S.C. 11901-11908, for grants for federally assisted low-
     income housing authorized by 42 U.S.C. 11909, and for drug 
     information clearinghouse services authorized by 42 U.S.C. 
     11921-11925, $300,000,000, to remain available until 
     expended: Provided, That of the total amount provided under 
     this heading, up to $3,000,000 shall be solely for technical 
     assistance, technical assistance grants, training, and 
     program assessment for or on behalf of public housing 
     agencies, resident organizations, and Indian tribes and their 
     tribally designated housing entities (including up to 
     $150,000 for the cost of necessary travel for participants in 
     such training) for oversight, training and improved 
     management of this program; $2,000,000 shall be available to 
     the Boys and Girls Clubs of America for the operating and 
     start-up costs of clubs located in or near, and primarily 
     serving residents of, public housing and housing assisted 
     under the Native American Housing Assistance and Self-
     Determination Act of 1996: Provided further, That of the 
     amount under this heading, $20,000,000 shall be available for 
     the New Approach Anti-Drug program which will provide 
     competitive grants to entities managing or operating public 
     housing developments, federally assisted multifamily housing 
     developments, or other multifamily housing developments for 
     low-income families supported by non-Federal governmental 
     entities or similar housing developments supported by 
     nonprofit private sources in order to provide or augment 
     security (including personnel costs), to assist in the 
     investigation and/or prosecution of drug-related criminal 
     activity in and around such developments, and to provide 
     assistance for the development of capital improvements at 
     such developments directly relating to the security of such 
     developments: Provided further, That grants for the New 
     Approach Anti-Drug program shall be made on a competitive 
     basis as specified in section 102 of the Department of 
     Housing and Urban Development Reform Act of 1989.


     revitalization of severely distressed public housing (hope vi)

       For grants to public housing agencies for demolition, site 
     revitalization, replacement housing, and tenant-based 
     assistance grants to projects as authorized by section 24 of 
     the United States Housing Act of 1937, as amended, 
     $573,735,000 to remain available until September 30, 2003, of 
     which the Secretary may use up to $7,500,000 for technical 
     assistance and contract expertise, to be provided directly or 
     indirectly by grants, contracts or cooperative agreements, 
     including training and cost of necessary travel for 
     participants in such training, by or to officials and 
     employees of the department and of public housing agencies 
     and to residents: Provided, That none of such funds shall be 
     used directly or indirectly by granting competitive advantage 
     in awards to settle litigation or pay judgments, unless 
     expressly permitted herein.

                  native american housing block grants


                     (including transfers of funds)

       For the Native American Housing Block Grants program, as 
     authorized under title I of the Native American Housing 
     Assistance and Self-Determination Act of 1996 (NAHASDA) 
     (Public Law 104-330), $648,570,000, to remain available until 
     expended, of which $2,200,000 shall be contracted through the 
     Secretary as technical assistance and capacity building to be 
     used by the National American Indian Housing Council in 
     support of the implementation of NAHASDA; $5,000,000 shall be 
     to support the inspection of Indian housing units, contract 
     expertise, and technical assistance in the training, 
     oversight, and management of Indian housing and tenant-based 
     assistance, including up to $300,000 for related travel; and 
     no less than $3,000,000 shall be transferred to the Working 
     Capital Fund for the development and maintenance of 
     information technology systems: Provided, That of the amount 
     provided under this heading, $5,987,000 shall be made 
     available for the cost of guaranteed notes and other 
     obligations, as authorized by title VI of NAHASDA: Provided 
     further, That such costs, including the costs of modifying 
     such notes and other obligations, shall be as defined in 
     section 502 of the Congressional Budget Act of 1974, as 
     amended: Provided further, That these funds are available to 
     subsidize the total principal amount of any notes and other 
     obligations, any part of which is to be guaranteed, not to 
     exceed $54,600,000: Provided further, That the Secretary of 
     Housing and Urban Development (Secretary) may provide 
     technical and financial assistance to the Turtle Mountain 
     Band of Chippewa for emergency housing, housing assistance, 
     and other assistance to address the mold problem at the 
     Turtle Mountain Indian Reservation: Provided further, That 
     the Secretary shall work with the Turtle Mountain Band of 
     Chippewa, the Federal Emergency Management Agency, the Indian 
     Health Service, the Bureau of Indian Affairs, and other 
     appropriate Federal agencies in developing a plan to maximize 
     Federal resources to address the emergency housing needs and 
     related problems: Provided further, That for administrative 
     expenses to carry out the guaranteed loan program, up to 
     $150,000 from amounts in the first proviso, which shall be 
     transferred to and merged with the appropriation for 
     ``Salaries and expenses'', to be used only for the 
     administrative costs of these guarantees.


           indian housing loan guarantee fund program account

                     (including transfer of funds)

       For the cost of guaranteed loans, as authorized by section 
     184 of the Housing and Community Development Act of 1992 (106 
     Stat. 3739), $5,987,000, to remain available until expended: 
     Provided, That such costs, including the costs of modifying 
     such loans, shall be as defined in section 502 of the 
     Congressional Budget Act of 1974, as amended: Provided 
     further, That these funds are available to subsidize total 
     loan principal, any part of which is to be guaranteed, not to 
     exceed $234,283,000.
       In addition, for administrative expenses to carry out the 
     guaranteed loan program, up to $200,000 from amounts in the 
     first paragraph, which shall be transferred to and merged 
     with the appropriation for ``Salaries and expenses'', to be 
     used only for the administrative costs of these guarantees.


              native hawaiian housing loan guarantee fund

                     (including transfer of funds)

       For the cost of guaranteed loans, as authorized by section 
     184A of the Housing and Community Development Act of 1992 (12 
     U.S.C. 1715z-13a), $1,000,000, to remain available until 
     expended: Provided, That such costs, including the costs of 
     modifying such loans, shall be as defined in section 502 of 
     the Congressional Budget Act of 1974, as amended: Provided 
     further, That these funds are available to subsidize total 
     loan principal, any part of which is to be guaranteed, not to 
     exceed $40,000,000.
       In addition, for administrative expenses to carry out the 
     guaranteed loan program, up to $35,000 from amounts in the 
     first paragraph, which shall be transferred to and merged 
     with the appropriation for ``Salaries and expenses'', to be 
     used only for the administrative costs of these guarantees.

                   Community Planning and Development

              housing opportunities for persons with aids

       For carrying out the Housing Opportunities for Persons with 
     AIDS program, as authorized by the AIDS Housing Opportunity 
     Act (42 U.S.C. 12901), $277,432,000, to remain available 
     until September 30, 2003: Provided, That the Secretary shall 
     renew all expiring contracts that were funded under section 
     854(c)(3) of such Act that meet all program requirements 
     before awarding funds for new contracts and activities 
     authorized under this section: Provided further, That the 
     Secretary may use up to $2,000,000 of the funds under this 
     heading for training, oversight, and technical assistance 
     activities.

                 Rural Housing and Economic Development

       For the Office of Rural Housing and Economic Development in 
     the Department of Housing and Urban Development, $25,000,000 
     to remain available until expended, which amount shall be 
     awarded by June 1, 2002, to Indian tribes, State housing 
     finance agencies, State community and/or economic development 
     agencies, local rural nonprofits and community development 
     corporations to support innovative housing and economic 
     development activities in rural areas: Provided, That all 
     grants shall be awarded on a competitive basis as specified 
     in section 102 of the HUD Reform Act.

                Empowerment Zones/Enterprise Communities

       For grants in connection with a second round of empowerment 
     zones and enterprise communities, $75,000,000, to remain 
     available until expended, for ``Urban Empowerment Zones'', as 
     authorized in the Taxpayer Relief Act of 1997, including 
     $5,000,000 for each empowerment zone for use in conjunction 
     with economic development activities consistent with the 
     strategic plan of each empowerment zone.

                       community development fund


                     (including transfers of funds)

       For assistance to units of State and local government, and 
     to other entities, for economic and community development 
     activities, and for other purposes, $5,012,993,000, to remain 
     available until September 30, 2004: Provided, That of the 
     amount provided, $4,801,993,000 is for carrying

[[Page S8984]]

     out the community development block grant program under title 
     I of the Housing and Community Development Act of 1974, as 
     amended (the ``Act'' herein) (42 U.S.C. 5301): Provided 
     further, That $71,000,000 shall be for flexible grants to 
     Indian tribes notwithstanding section 106(a)(1) of such Act; 
     $3,000,000 shall be available as a grant to the Housing 
     Assistance Council; $2,600,000 shall be available as a grant 
     to the National American Indian Housing Council; and 
     $45,500,000 shall be for grants pursuant to section 107 of 
     the Act of which $4,000,000 shall be made available to 
     support Alaska Native serving institutions and Native 
     Hawaiian serving institutions as defined under the Higher 
     Education Act, as amended, and of which $3,000,000 shall be 
     made available to tribal colleges and universities to build, 
     expand, renovate and equip their facilities: Provided 
     further, That $10,000,000 shall be made available to the 
     Department of Hawaiian Home Lands to provide assistance as 
     authorized under the Hawaiian Homelands Homeownership Act of 
     2000 (with no more than 5 percent of such funds being 
     available for administrative costs): Provided further, That 
     no less than $15,000,000 shall be transferred to the Working 
     Capital Fund for the development and maintenance of 
     information technology systems: Provided further, That 
     $20,000,000 shall be for grants pursuant to the Self Help 
     Housing Opportunity Program: Provided further, That not to 
     exceed 20 percent of any grant made with funds appropriated 
     herein (other than a grant made available in this paragraph 
     to the Housing Assistance Council or the National American 
     Indian Housing Council, or a grant using funds under section 
     107(b)(3) of the Act) shall be expended for ``Planning and 
     Management Development'' and ``Administration'' as defined in 
     regulations promulgated by the department.
       Of the amount made available under this heading, 
     $28,450,000 shall be made available for capacity building, of 
     which $25,000,000 shall be made available for ``Capacity 
     Building for Community Development and Affordable Housing'' 
     for LISC and the Enterprise Foundation, for activities as 
     authorized by section 4 of the HUD Demonstration Act of 1993 
     (Public Law 103-120), as in effect immediately before June 
     12, 1997, with not less than $5,000,000 of the funding to be 
     used in rural areas, including tribal areas, and of which 
     $3,450,000 shall be for capacity building activities 
     administered by Habitat for Humanity International.
       Of the amount made available under this heading, the 
     Secretary of Housing and Urban Development may use up to 
     $55,000,000 for supportive services for public housing 
     residents, as authorized by section 34 of the United States 
     Housing Act of 1937, as amended, and for residents of housing 
     assisted under the Native American Housing Assistance and 
     Self-Determination Act of 1996 (NAHASDA) and for grants for 
     service coordinators and congregate services for the elderly 
     and disabled residents of public and assisted housing and 
     housing assisted under NAHASDA.
       Of the amount made available under this heading, 
     $80,000,000 is for grants to create or expand community 
     technology centers in high poverty urban and rural 
     communities and to provide technical assistance to those 
     centers.
       Of the amount made available under this heading, 
     $25,000,000 shall be available for neighborhood initiatives 
     that are utilized to improve the conditions of distressed and 
     blighted areas and neighborhoods, to stimulate investment, 
     economic diversification, and community revitalization in 
     areas with population outmigration or a stagnating or 
     declining economic base, or to determine whether housing 
     benefits can be integrated more effectively with welfare 
     reform initiatives.
       Of the amount made available under this heading, 
     notwithstanding any other provision of law, $70,000,000 shall 
     be available for YouthBuild program activities authorized by 
     subtitle D of title IV of the Cranston-Gonzalez National 
     Affordable Housing Act, as amended, and such activities shall 
     be an eligible activity with respect to any funds made 
     available under this heading: Provided, That local YouthBuild 
     programs that demonstrate an ability to leverage private and 
     nonprofit funding shall be given a priority for YouthBuild 
     funding: Provided further, That no more than ten percent of 
     any grant award may be used for administrative costs: 
     Provided further, That not less than $10,000,000 shall be 
     available for grants to establish Youthbuild programs in 
     underserved and rural areas: Provided further, That of the 
     amount provided under this paragraph, $2,000,000 shall be set 
     aside and made available for a grant to YouthBuild USA for 
     capacity building for community development and affordable 
     housing activities as specified in section 4 of the HUD 
     Demonstration Act of 1993, as amended.
       Of the amount made available under this heading, 
     $140,000,000 shall be available for grants for the Economic 
     Development Initiative (EDI) to finance a variety of economic 
     development efforts in accordance with the terms and 
     conditions specified for such grants in the Senate report 
     accompanying this Act.


         community development loan guarantees program account

                     (including transfer of funds)

       For the cost of guaranteed loans, $14,000,000, as 
     authorized by section 108 of the Housing and Community 
     Development Act of 1974, as amended: Provided, That such 
     costs, including the cost of modifying such loans, shall be 
     as defined in section 502 of the Congressional Budget Act of 
     1974, as amended: Provided further, That these funds are 
     available to subsidize total loan principal, any part of 
     which is to be guaranteed, not to exceed $608,696,000, 
     notwithstanding any aggregate limitation on outstanding 
     obligations guaranteed in section 108(k) of the Housing and 
     Community Development Act of 1974, as amended: Provided 
     further, That in addition, for administrative expenses to 
     carry out the guaranteed loan program, $1,000,000, which 
     shall be transferred to and merged with the appropriation for 
     ``Salaries and expenses''.

                       brownfields redevelopment

       For Economic Development Grants, as authorized by section 
     108(q) of the Housing and Community Development Act of 1974, 
     as amended, for Brownfields redevelopment projects, 
     $25,000,000, to remain available until September 30, 2003: 
     Provided, That the Secretary of Housing and Urban Development 
     shall make these grants available on a competitive basis as 
     specified in section 102 of the Department of Housing and 
     Urban Development Reform Act of 1989.


                  home investment partnerships program

                     (including transfer of funds)

       For the HOME investment partnerships program, as authorized 
     under title II of the Cranston-Gonzalez National Affordable 
     Housing Act, as amended, $1,796,040,000 to remain available 
     until September 30, 2004, of which up to $20,000,000 of these 
     funds shall be available for Housing Counseling under section 
     106 of the Housing and Urban Development Act of 1968; and of 
     which no less than $17,000,000 shall be transferred to the 
     Working Capital Fund for the development and maintenance of 
     information technology systems.


                       homeless assistance grants

                     (including transfer of funds)

       For the emergency shelter grants program as authorized 
     under subtitle B of title IV of the McKinney-Vento Homeless 
     Assistance Act, as amended; the supportive housing program as 
     authorized under subtitle C of title IV of such Act; the 
     section 8 moderate rehabilitation single room occupancy 
     program as authorized under the United States Housing Act of 
     1937, as amended, to assist homeless individuals pursuant to 
     section 441 of the McKinney-Vento Homeless Assistance Act; 
     and the shelter plus care program as authorized under 
     subtitle F of title IV of such Act, $1,022,745,000, to remain 
     available until September 30, 2004: Provided, That not less 
     than 30 percent of these funds shall be used for permanent 
     housing, and all funding for services must be matched by 25 
     percent in funding by each grantee: Provided further, That 
     all awards of assistance under this heading shall be required 
     to coordinate and integrate homeless programs with other 
     mainstream health, social services, and employment programs 
     for which homeless populations may be eligible, including 
     Medicaid, State Children's Health Insurance Program, 
     Temporary Assistance for Needy Families, Food Stamps, and 
     services funding through the Mental Health and Substance 
     Abuse Block Grant, Workforce Investment Act, and the Welfare-
     to-Work grant program: Provided further, That no less than 
     $14,200,000 of the funds appropriated under this heading is 
     transferred to the Working Capital Fund to be used for 
     technical assistance for management information systems and 
     to develop an automated, client-level Annual Performance 
     Report System: Provided further, That $500,000 shall be made 
     available to the Interagency Council on the Homeless for 
     administrative needs.


                       shelter plus care renewals

       For the renewal on an annual basis of contracts expiring 
     during fiscal years 2002 and 2003 or amendment of contracts 
     funded under the Shelter Plus Care program, as authorized 
     under subtitle F of title IV of the McKinney-Vento Homeless 
     Assistance Act, as amended, $99,780,000, to remain available 
     until expended: Provided, That each Shelter Plus Care project 
     with an expiring contract shall be eligible for renewal only 
     if the project is determined to be needed under the 
     applicable continuum of care and meets appropriate program 
     requirements and financial standards, as determined by the 
     Secretary.

                            Housing Programs


                    housing for special populations

                     (including transfer of funds)

       For assistance for the purchase, construction, acquisition, 
     or development of additional public and subsidized housing 
     units for low income families not otherwise provided for, 
     $1,001,009,000, to remain available until expended: Provided, 
     That $783,286,000 shall be for capital advances, including 
     amendments to capital advance contracts, for housing for the 
     elderly, as authorized by section 202 of the Housing Act of 
     1959, as amended, and for project rental assistance, and 
     amendments to contracts for project rental assistance, for 
     the elderly under such section 202(c)(2), and for supportive 
     services associated with the housing, of which amount 
     $50,000,000 shall be for service coordinators and the 
     continuation of existing congregate service grants for 
     residents of assisted housing projects, of which amount up to 
     $3,000,000 shall be available to renew expiring project 
     rental assistance contracts for up to a one-year term, and of 
     which amount $50,000,000 shall be for grants under section 
     202b of the Housing Act of 1959 (12 U.S.C. 1701q-2) for 
     conversion of eligible projects under such section to 
     assisted living or related use: Provided further, That of the 
     amount under this heading, $217,723,000 shall be for capital 
     advances, including amendments to capital advance contracts, 
     for supportive housing for persons with disabilities, as 
     authorized by section 811 of the Cranston-Gonzalez National 
     Affordable Housing Act, for project rental assistance, for 
     amendments to contracts for project rental assistance, and 
     supportive services associated with the housing for persons 
     with disabilities as authorized by section 811 of such Act, 
     of which up to $1,200,000 shall be available to renew 
     expiring project rental assistance contracts for up to a one-
     year term: Provided further, That no less than $3,000,000, to 
     be divided evenly between the appropriations for the section 
     202 and section 811 programs, shall

[[Page S8985]]

     be transferred to the Working Capital Fund for the 
     development and maintenance of information technology 
     systems: Provided further, That the Secretary may designate 
     up to 25 percent of the amounts earmarked under this 
     paragraph for section 811 of such Act for tenant-based 
     assistance, as authorized under that section, including such 
     authority as may be waived under the next proviso, which 
     assistance is five years in duration: Provided further, That 
     the Secretary may waive any provision of such section 202 and 
     such section 811 (including the provisions governing the 
     terms and conditions of project rental assistance and tenant-
     based assistance) that the Secretary determines is not 
     necessary to achieve the objectives of these programs, or 
     that otherwise impedes the ability to develop, operate, or 
     administer projects assisted under these programs, and may 
     make provision for alternative conditions or terms where 
     appropriate.


                         flexible subsidy fund

                          (transfer of funds)

       From the Rental Housing Assistance Fund, all uncommitted 
     balances of excess rental charges as of September 30, 2001, 
     and any collections made during fiscal year 2002, shall be 
     transferred to the Flexible Subsidy Fund, as authorized by 
     section 236(g) of the National Housing Act, as amended.


                  manufactured housing fees trust fund

                     (including transfers of funds)

       For necessary expenses as authorized by the National 
     Manufactured Housing Construction and Safety Standards Act of 
     1974, as amended (42 U.S.C. 5401 et seq.), $17,254,000, to 
     remain available until expended, to be derived from the 
     Manufactured Housing Fees Trust Fund: Provided, That not to 
     exceed the amount appropriated under this heading shall be 
     available from the general fund of the Treasury to the extent 
     necessary to incur obligations and make expenditures pending 
     the receipt of collections to the Fund pursuant to section 
     620 of such Act: Provided further, That the amount made 
     available under this heading from the general fund shall be 
     reduced as such collections are received during fiscal year 
     2002 so as to result in a final fiscal year 2002 
     appropriation from the general fund estimated at not more 
     than $0.

                     Federal Housing Administration


               mutual mortgage insurance program account

                     (including transfers of funds)

       During fiscal year 2002, commitments to guarantee loans to 
     carry out the purposes of section 203(b) of the National 
     Housing Act, as amended, shall not exceed a loan principal of 
     $160,000,000,000.
       During fiscal year 2002, obligations to make direct loans 
     to carry out the purposes of section 204(g) of the National 
     Housing Act, as amended, shall not exceed $250,000,000: 
     Provided, That the foregoing amount shall be for loans to 
     nonprofit and governmental entities in connection with sales 
     of single family real properties owned by the Secretary and 
     formerly insured under the Mutual Mortgage Insurance Fund.
       For administrative expenses necessary to carry out the 
     guaranteed and direct loan program, $336,700,000, of which 
     not to exceed $332,678,000 shall be transferred to the 
     appropriation for ``Salaries and expenses''; and not to 
     exceed $4,022,000 shall be transferred to the appropriation 
     for ``Office of Inspector General''. In addition, for 
     administrative contract expenses, $160,000,000: Provided, 
     That a combined total of $160,000,000 from amounts 
     appropriated for administrative contract expenses under this 
     heading or the heading ``FHA--General and Special Risk 
     Program Account'' shall be transferred to the Working Capital 
     Fund for the development and maintenance of information 
     technology systems: Provided further, That to the extent 
     guaranteed loan commitments exceed $65,500,000,000 on or 
     before April 1, 2002 an additional $1,400 for administrative 
     contract expenses shall be available for each $1,000,000 in 
     additional guaranteed loan commitments (including a pro rata 
     amount for any amount below $1,000,000), but in no case shall 
     funds made available by this proviso exceed $16,000,000.


                general and special risk program account

                     (including transfers of funds)

       For the cost of guaranteed loans, as authorized by sections 
     238 and 519 of the National Housing Act (12 U.S.C. 1715z-3 
     and 1735c), including the cost of loan guarantee 
     modifications as that term is defined in section 502 of the 
     Congressional Budget Act of 1974, as amended, $15,000,000, to 
     remain available until expended: Provided, That these funds 
     are available to subsidize total loan principal, any part of 
     which is to be guaranteed, of up to $21,000,000,000: Provided 
     further, That any amounts made available in any prior 
     appropriations Act for the cost (as such term is defined in 
     section 502 of the Congressional Budget Act of 1974) of 
     guaranteed loans that are obligations of the funds 
     established under section 238 or 519 of the National Housing 
     Act that have not been obligated or that are deobligated 
     shall be available to the Secretary of Housing and Urban 
     Development in connection with the making of such guarantees 
     and shall remain available until expended, notwithstanding 
     the expiration of any period of availability otherwise 
     applicable to such amounts.
       Gross obligations for the principal amount of direct loans, 
     as authorized by sections 204(g), 207(l), 238, and 519(a) of 
     the National Housing Act, shall not exceed $50,000,000, of 
     which not to exceed $30,000,000 shall be for bridge financing 
     in connection with the sale of multifamily real properties 
     owned by the Secretary and formerly insured under such Act; 
     and of which not to exceed $20,000,000 shall be for loans to 
     nonprofit and governmental entities in connection with the 
     sale of single-family real properties owned by the Secretary 
     and formerly insured under such Act.
       In addition, for administrative expenses necessary to carry 
     out the guaranteed and direct loan programs, $216,100,000, of 
     which $197,779,000, shall be transferred to the appropriation 
     for ``Salaries and expenses''; and of which $18,321,000 shall 
     be transferred to the appropriation for ``Office of Inspector 
     General''. In addition, for administrative contract expenses 
     necessary to carry out the guaranteed and direct loan 
     programs, $144,000,000: Provided, That to the extent 
     guaranteed loan commitments exceed $8,426,000,000 on or 
     before April 1, 2002, an additional $19,800,000 for 
     administrative contract expenses shall be available for each 
     $1,000,000 in additional guaranteed loan commitments over 
     $8,426,000,000 (including a pro rata amount for any increment 
     below $1,000,000), but in no case shall funds made available 
     by this proviso exceed $14,400,000.

            Government National Mortgage Association (GNMA)


Guarantees of mortgage-backed securities loan guarantee program account

                     (including transfer of funds)

       New commitments to issue guarantees to carry out the 
     purposes of section 306 of the National Housing Act, as 
     amended (12 U.S.C. 1721(g)), shall not exceed 
     $200,000,000,000, to remain available until September 30, 
     2003.
       For administrative expenses necessary to carry out the 
     guaranteed mortgage-backed securities program, $9,383,000 to 
     be derived from the GNMA guarantees of mortgage-backed 
     securities guaranteed loan receipt account, of which not to 
     exceed $9,383,000 shall be transferred to the appropriation 
     for ``Salaries and expenses''.

                    Policy Development and Research


                        research and technology

       For contracts, grants, and necessary expenses of programs 
     of research and studies relating to housing and urban 
     problems, not otherwise provided for, as authorized by title 
     V of the Housing and Urban Development Act of 1970, as 
     amended (12 U.S.C. 1701z-1 et seq.), including carrying out 
     the functions of the Secretary under section 1(a)(1)(i) of 
     Reorganization Plan No. 2 of 1968, $53,404,000, to remain 
     available until September 30, 2003: Provided, That $3,000,000 
     shall be for program evaluation to support strategic 
     planning, performance measurement, and their coordination 
     with the Department's budget process: Provided further, That 
     of the amount provided under this heading, $10,000,000 shall 
     be for the Partnership for Advanced Technology in Housing.

                   Fair Housing and Equal Opportunity


                        fair housing activities

       For contracts, grants, and other assistance, not otherwise 
     provided for, as authorized by title VIII of the Civil Rights 
     Act of 1968, as amended by the Fair Housing Amendments Act of 
     1988, and section 561 of the Housing and Community 
     Development Act of 1987, as amended, $45,899,000, to remain 
     available until September 30, 2003, of which $24,000,000 
     shall be to carry out activities pursuant to such section 
     561: Provided, That no funds made available under this 
     heading shall be used to lobby the executive or legislative 
     branches of the Federal Government in connection with a 
     specific contract, grant or loan.

                     Office of Lead Hazard Control


                         lead hazard reduction

       For the Lead Hazard Reduction Program, as authorized by 
     sections 1011 and 1053 of the Residential Lead-Based Hazard 
     Reduction Act of 1992, $109,758,000 to remain available until 
     September 30, 2003, of which $10,000,000 shall be for the 
     Healthy Homes Initiative, pursuant to sections 501 and 502 of 
     the Housing and Urban Development Act of 1970 that shall 
     include research, studies, testing, and demonstration 
     efforts, including education and outreach concerning lead-
     based paint poisoning and other housing-related diseases and 
     hazards: Provided, That of the amounts provided under this 
     heading, $1,000,000 shall be for the National Center for 
     Lead-Safe Housing: Provided further, That of the amounts 
     provided under this heading, $750,000 shall be for 
     CLEARCorps.

                     Management and Administration


                         salaries and expenses

                     (including transfers of funds)

       For necessary administrative and non-administrative 
     expenses of the Department of Housing and Urban Development, 
     not otherwise provided for, including not to exceed $7,000 
     for official reception and representation expenses, 
     $1,087,257,000, of which $530,457,000 shall be provided from 
     the various funds of the Federal Housing Administration, 
     $9,383,000 shall be provided from funds of the Government 
     National Mortgage Association, $1,000,000 shall be provided 
     from the ``Community development fund'' account, $150,000 
     shall be provided by transfer from the ``Title VI Indian 
     federal guarantees program'' account, $200,000 shall be 
     provided by transfer from the ``Indian housing loan guarantee 
     fund program'' account and $35,000 shall be transferred from 
     the Native Hawaiian Housing Loan Guarantee Fund: Provided, 
     That no less than $85,000,000 shall be transferred to the 
     Working Capital Fund for the development and maintenance of 
     Information Technology Systems: Provided further, That the 
     Secretary shall fill 7 out of 10 vacancies at the GS-14 and 
     GS-15 levels until the total number of GS-14 and GS-15 
     positions in the Department has been reduced from the number 
     of GS-14 and GS-15 positions on the date of enactment of 
     Public Law 106-377 by two and one-half percent: Provided 
     further, That of the amount under this heading, $1,500,000 
     shall be for necessary expenses of the Millenial Housing 
     Commission, as authorized by Public Law 106-74 with the final 
     report due no later than August 30, 2002.

[[Page S8986]]

                      office of inspector general


                     (including transfer of funds)

       For necessary expenses of the Office of Inspector General 
     in carrying out the Inspector General Act of 1978, as 
     amended, $88,898,000, of which $22,343,000 shall be provided 
     from the various funds of the Federal Housing Administration: 
     Provided, That the Inspector General shall have independent 
     authority over all personnel issues within the Office of 
     Inspector General.


                         consolidated fee fund

                              (rescission)

       Of the balances remaining available from fees and charges 
     under section 7(j) of the Department of Housing and Urban 
     Development Act, $6,700,000 are rescinded.

             Office of Federal Housing Enterprise Oversight


                         salaries and expenses

                     (including transfer of funds)

       For carrying out the Federal Housing Enterprise Financial 
     Safety and Soundness Act of 1992, including not to exceed 
     $500 for official reception and representation expenses, 
     $27,000,000, to remain available until expended, to be 
     derived from the Federal Housing Enterprise Oversight Fund: 
     Provided, That not to exceed such amount shall be available 
     from the general fund of the Treasury to the extent necessary 
     to incur obligations and make expenditures pending the 
     receipt of collections to the Fund: Provided further, That 
     the general fund amount shall be reduced as collections are 
     received during the fiscal year so as to result in a final 
     appropriation from the general fund estimated at not more 
     than $0: Provided further, That this Office shall submit a 
     staffing plan to the House and Senate Committees on 
     Appropriations no later than January 30, 2002.

                       Administrative Provisions

       Sec. 201. Fifty percent of the amounts of budget authority, 
     or in lieu thereof 50 percent of the cash amounts associated 
     with such budget authority, that are recaptured from projects 
     described in section 1012(a) of the McKinney-Vento Homeless 
     Assistance Amendments Act of 1988 (Public Law 100-628; 102 
     Stat. 3224, 3268) shall be rescinded, or in the case of cash, 
     shall be remitted to the Treasury, and such amounts of budget 
     authority or cash recaptured and not rescinded or remitted to 
     the Treasury shall be used by State housing finance agencies 
     or local governments or local housing agencies with projects 
     approved by the Secretary of Housing and Urban Development 
     for which settlement occurred after January 1, 1992, in 
     accordance with such section. Notwithstanding the previous 
     sentence, the Secretary may award up to 15 percent of the 
     budget authority or cash recaptured and not rescinded or 
     remitted to the Treasury to provide project owners with 
     incentives to refinance their project at a lower interest 
     rate.
       Sec. 202. None of the amounts made available under this Act 
     may be used during fiscal year 2002 to investigate or 
     prosecute under the Fair Housing Act any otherwise lawful 
     activity engaged in by one or more persons, including the 
     filing or maintaining of a non-frivolous legal action, that 
     is engaged in solely for the purpose of achieving or 
     preventing action by a Government official or entity, or a 
     court of competent jurisdiction.
       Sec. 203. (a) Notwithstanding section 854(c)(1)(A) of the 
     AIDS Housing Opportunity Act (42 U.S.C. 12903(c)(1)(A)), from 
     any amounts made available under this title for fiscal year 
     2002 that are allocated under such section, the Secretary of 
     Housing and Urban Development shall allocate and make a 
     grant, in the amount determined under subsection (b), for any 
     State that--
       (1) received an allocation in a prior fiscal year under 
     clause (ii) of such section; and
       (2) is not otherwise eligible for an allocation for fiscal 
     year 2002 under such clause (ii) because the areas in the 
     State outside of the metropolitan statistical areas that 
     qualify under clause (i) in fiscal year 2002 do not have the 
     number of cases of acquired immunodeficiency syndrome (AIDS) 
     required under such clause.
       (b) The amount of the allocation and grant for any State 
     described in subsection (a) shall be an amount based on the 
     cumulative number of AIDS cases in the areas of that State 
     that are outside of metropolitan statistical areas that 
     qualify under clause (i) of such section 854(c)(1)(A) in 
     fiscal year 2002, in proportion to AIDS cases among cities 
     and States that qualify under clauses (i) and (ii) of such 
     section and States deemed eligible under subsection (a).
       Sec. 204. Section 225 of the Department of Veterans Affairs 
     and Housing and Urban Development, and Independent Agencies 
     Appropriations Act, 2000, Public Law 106-74, is amended by 
     inserting ``and fiscal year 2002'' after ``fiscal year 
     2001''.
       Sec. 205. Section 236(g)(3)(A) of the National Housing Act 
     is amended by striking out ``fiscal years 2000 and 2001'' and 
     inserting in lieu thereof ``fiscal years 2000, 2001, and 
     2002''.
       Sec. 206. Section 223(f)(1) of the National Housing Act is 
     amended by inserting ``purchase or'' immediately before 
     ``refinancing of existing debt''.
       Sec. 207. Section 106(c)(9) of the Housing and Urban 
     Development Act of 1968 is repealed.
       Sec. 208. Section 251 of the National Housing Act is 
     amended--
       (1) in subsection (b), by striking ``issue regulations'' 
     and all that follows and inserting the following: ``require 
     that the mortgagee make available to the mortgagor, at the 
     time of loan application, a written explanation of the 
     features of an adjustable rate mortgage consistent with the 
     disclosure requirements applicable to variable rate mortgages 
     secured by a principal dwelling under the Truth in Lending 
     Act.''; and
       (2) by adding the following new subsection at the end:
       ``(d)(1) The Secretary may insure under this subsection a 
     mortgage that meets the requirements of subsection (a), 
     except that the effective rate of interest--
       ``(A) shall be fixed for a period of not less than the 
     first 3 years of the mortgage term;
       ``(B) shall be adjusted by the mortgagee initially upon the 
     expiration of such period and annually thereafter; and
       ``(C) in the case of the initial interest rate adjustment, 
     is subject to the one percent limitation only if the interest 
     rate remained fixed for five or fewer years.
       ``(2) The disclosure required under subsection (b) shall be 
     required for a mortgage insured under this subsection.''.
       Sec. 209. (a) Section 203(c) of the National Housing Act is 
     amended--
       (1) in paragraph (1), by striking ``and (k)'' and inserting 
     ``or (k)''; and
       (2) in paragraph (2)--
       (A) by inserting immediately after ``subsection (v),'' the 
     following: ``and each mortgage that is insured under 
     subsection (k) or section 234(c),''; and
       (B) by striking ``and executed on or after October 1, 
     1994,''.
       (b) The amendments made by subsection (a) shall apply only 
     to mortgages that are executed on or after the date of 
     enactment of this Act or a later date determined by the 
     Secretary and announced by notice in the Federal Register.
       Sec. 210. Section 242(d)(4) of the National Housing Act is 
     amended to read as follows:
       ``(4)(A) The Secretary, in conjunction with the Secretary 
     of Health and Human Services, shall require satisfactory 
     evidence that the hospital will be located in a State or 
     political subdivision of a State with reasonable minimum 
     standards of licensure and methods of operation for hospitals 
     and satisfactory assurance that such standards will be 
     applied and enforced with respect to the hospital.
       ``(B) The Secretary shall establish the means for 
     determining need and feasibility for the hospital. If the 
     State has an official procedure for determining need for 
     hospitals, the Secretary shall also require that such 
     procedure be followed before the application for insurance is 
     submitted, and the application shall document that need has 
     also been established under that procedure.''.
       Sec. 211. Section 232(d)(4)(A) of the National Housing Act 
     is amended to read as follows:
       ``(A)(i) The Secretary, in conjunction with the Secretary 
     of Health and Human Services, shall require satisfactory 
     evidence that a nursing home, intermediate care facility, or 
     combined nursing home and intermediate care facility will be 
     located in a State or political subdivision of a State with 
     reasonable minimum standards of licensure and methods of 
     operation for such homes, facilities, or combined homes and 
     facilities. The Secretary shall also require satisfactory 
     assurance that such standards will be applied and enforced 
     with respect to the home, facility, or combined home or 
     facility.
       ``(ii) The Secretary shall establish the means for 
     determining need and feasibility for the home, facility, or 
     combined home and facility. If the State has an official 
     procedure for determining need for such homes, facilities, or 
     combined homes and facilities, the Secretary shall also 
     require that such procedure be followed before the 
     application for insurance is submitted, and the application 
     shall document that need has also been established under that 
     procedure.''.
       Sec. 212. Section 533 of the National Housing Act is 
     amended to read as follows:
       ``Sec. 533. Review of Mortgagee Performance and Authority 
     to Terminate.--
       ``(a) Periodic Review of Mortgagee Performance.--To reduce 
     losses in connection with single family mortgage insurance 
     programs under this Act, at least once a year the Secretary 
     shall review the rate of early defaults and claims for 
     insured single family mortgages originated or underwritten by 
     each mortgagee.
       ``(b) Comparison With Other Mortgagees.--For each 
     mortgagee, the Secretary shall compare the rate of early 
     defaults and claims for insured single family mortgage loans 
     originated or underwritten by the mortgagee in an area with 
     the rate of early defaults and claims for other mortgagees 
     originating or underwriting insured single family mortgage 
     loans in the area. For purposes of this section, the term 
     ``area'' means each geographic area in which the mortgagee is 
     authorized by the Secretary to originate insured single 
     family mortgages.
       ``(c) Termination of Mortgagee Origination Approval.--(1) 
     Notwithstanding section 202(c) of this Act, the Secretary may 
     terminate the approval of a mortgagee to originate or 
     underwrite single family mortgages if the Secretary 
     determines that the mortgage loans originated or underwritten 
     by the mortgagee present an unacceptable risk to the 
     insurance funds. The determination shall be based on the 
     comparison required under subsection (b) and shall be made in 
     accordance with regulations of the Secretary. The Secretary 
     may rely on existing regulations published before this 
     section takes effect.
       ``(2) The Secretary shall give a mortgagee at least 60 days 
     prior written notice of any termination under this 
     subsection. The termination shall take effect at the end of 
     the notice period, unless the Secretary withdraws the 
     termination notice or extends the notice period. If requested 
     in writing by the mortgagee within 30 days of the date of the 
     notice, the mortgagee shall be entitled to an informal 
     conference with the official authorized to issue termination 
     notices on behalf of the Secretary (or a designee of that 
     official). At the informal conference, the mortgagee may 
     present for consideration specific factors that it believes 
     were beyond its control and that caused the excessive default 
     and claim rate.''.
       Sec. 213. Except as explicitly provided in legislation, any 
     grant or assistance made pursuant to Title II of this Act 
     shall be made in accordance with section 102 of the 
     Department of

[[Page S8987]]

     Housing and Urban Development Reform Act of 1989 on a 
     competitive basis.
       Sec. 214. Public housing agencies in the State of Alaska 
     shall not be required to comply with section 2(b) of the 
     United States Housing Act of 1937, as amended, during fiscal 
     year 2002. Public Housing Authorities in Iowa that are a part 
     of a city government shall not be required to comply with 
     section 2(b) of the United States Housing Act of 1937, as 
     amended, regarding the requirement that a public housing 
     agency shall contain not less than one member who is directly 
     assisted by the public housing authority during fiscal year 
     2002.
       Sec. 215. Notwithstanding any other provision of law, in 
     fiscal year 2001 and for each fiscal year thereafter, in 
     managing and disposing of any multifamily property that is 
     owned or held by the Secretary and is occupied primarily by 
     elderly or disabled families, the Secretary of Housing and 
     Urban Development shall maintain any rental assistance 
     payments under section 8 of the United States Housing Act of 
     1937 that are attached to any dwelling units in the property. 
     To the extent the Secretary determines that such a 
     multifamily property owned or held by the Secretary is not 
     feasible for continued rental assistance payments under such 
     section 8, the Secretary may, in consultation with the 
     tenants of that property, contract for project-based rental 
     assistance payments with an owner or owners of other existing 
     housing properties or provide other rental assistance.
       Sec. 216. (a) Section 207 Limits.--Section 207(c)(3) of the 
     National Housing Act (12 U.S.C. 1713(c)(3)) is amended--
       (1) by striking ``$30,420'', ``$33,696'', ``$40,248'', 
     ``$49,608'', and ``$56,160'' and inserting ``$38,025'', 
     ``$42,120'', ``$50,310'', ``$62,010'', and ``$70,200'', 
     respectively;
       (2) by striking ``$9,000'' and inserting ``$11,250''; and
       (3) by striking ``$35,100'', ``$39,312'', ``$48,204'', 
     ``$60,372'', and ``$68,262'' and inserting ``$43,875'', 
     ``$49,140'', ``$60,255'', ``$75,465'', and ``$85,328'', 
     respectively.
       (b) Section 213 Limits.--Section 213(b)(2) of the National 
     Housing Act (12 U.S.C. 1715e(b)(2)) is amended--
       (1) by striking ``$30,420'', ``$33,696'', ``$40,248'', 
     ``$49,608'', and ``$56,160'' and inserting ``$38,025'', 
     ``$42,120'', ``$50,310'', ``$62,010'', and ``$70,200'', 
     respectively; and
       (2) by striking ``$35,100'', ``$39,312'', ``$48,204'', 
     ``$60,372'', and ``$68,262'' and inserting ``$43,875'', 
     ``$49,140'', ``$60,255'', ``$75,465'', and ``$85,328'', 
     respectively.
       (c) Section 220 Limits.--Section 220(d)(3)(B)(iii) of the 
     National Housing Act (12 U.S.C. 1715k(d)(3)(B)(iii)) is 
     amended--
       (1) by striking ``$30,420'', ``$33,696'', ``$40,248'', 
     ``$49,608'', and ``$56,160'' and inserting ``$38,025'', 
     ``$42,120'', ``$50,310'', ``$62,010'', and ``$70,200'', 
     respectively; and
       (2) by striking ``$35,100'', ``$39,312'', ``$48,204'', 
     ``$60,372'', and ``$68,262'' and inserting ``$43,875'', 
     ``$49,140'', ``$60,255'', ``$75,465'', and ``$85,328'', 
     respectively.
       (d) Section 221(d)(3) Limits.--Section 221(d)(3)(ii) of the 
     National Housing Act (12 U.S.C. 1715l(d)(3)(ii)) is amended--
       (1) by striking ``$33,638'', ``$38,785'', ``$46,775'', 
     ``$59,872'', and ``$66,700'' and inserting ``$42,048'', 
     ``$48,481'', ``58,469'', ``$74,840'', and ``$83,375'', 
     respectively; and
       (2) by striking ``$35,400'', ``$40,579'', ``$49,344'', 
     ``$63,834'', and ``$70,070'' and inserting ``$44,250'', 
     ``$50,724'', ``$61,680'', ``$79,793'', and ``$87,588'', 
     respectively.
       (e) Section 221(d)(4) Limits.--Section 221(d)(4)(ii) of the 
     National Housing Act (12 U.S.C. 1715l(d)(4)(ii)) is amended--
       (1) by striking ``$30,274'', ``$34,363'', ``$41,536'', 
     ``$52,135'', and ``$59,077'' and inserting ``$37,843'', 
     ``$42,954'', ``$51,920'', ``$65,169'', and ``$73,846'', 
     respectively; and
       (2) by striking ``$32,701'', ``$37,487'', ``$45,583'', 
     ``$58,968'', and ``$64,730'' and inserting ``$40,876'', 
     ``$46,859'', ``$56,979'', ``$73,710'', and ``$80,913'', 
     respectively.
       (f) Section 231 Limits.--Section 231(c)(2) of the National 
     Housing Act (12 U.S.C. 1715v(c)(2)) is amended--
       (1) by striking ``$28,782'', ``$32,176'', ``$38,423'', 
     ``$46,238'', and ``$54,360'' and inserting ``$35,978'', 
     ``$40,220'', ``$48,029'', ``$57,798'', ``$67,950'', 
     respectively; and
       (2) by striking ``$32,701'', ``$37,487'', ``$45,583'', 
     ``$58,968'', and ``$64,730'' and inserting ``$40,876'', 
     ``$46,859'', ``$56,979'', ``$73,710'', and ``$80,913'', 
     respectively.
       (g) Section 234 Limits.--Section 234(e)(3) of the National 
     Housing Act (12 U.S.C. 1715y(e)(3)) is amended--
       (1) by striking ``$30,420'', ``$33,696'', ``$40,248'', 
     ``$49,608'', and ``$56,160'' and inserting ``$38,025'', 
     ``$42,120'', ``$50,310'', ``$62,010'', and ``$70,200'', 
     respectively; and
       (2) by striking ``$35,100'', ``$39,312'', ``$48,204'', 
     ``$60,372'', and ``$68,262'' and inserting ``$43,875'', 
     ``$49,140'', ``$60,255'', ``$75,465'', and ``$85,328'', 
     respectively.
       Sec. 217. Notwithstanding any other provision of law, the 
     Tribal Student Housing Project proposed by the Cook Inlet 
     Housing Authority is authorized to be constructed in 
     accordance with its 1998 Indian Housing Plan from amounts 
     previously appropriated for the benefit of the Housing 
     Authority, a portion of which may be used as a maintenance 
     reserve for the completed project.
       Sec. 218. Endowment Funds. Of the amounts appropriated in 
     the Consolidated Appropriations Act, 2001 (Public Law 106-
     554), for the operation of an historical archive at the 
     University of South Carolina, Department of Archives, South 
     Carolina, such funds shall be available to the University of 
     South Carolina to fund an endowment for the operation of an 
     historical archive at the University of South Carolina, 
     Department of Archives, South Carolina, without fiscal year 
     limitation.
       Sec. 219. Hawaiian Homelands. Section 247 of the National 
     Housing Act (12 U.S.C. 1715z-12) is amended--
       (1) in subsection (d), by striking paragraphs (1) and (2) 
     and inserting the following:
       ``(1) Native hawaiian.--The term `native Hawaiian' means 
     any descendant of not less than one-half part of the blood of 
     the races inhabiting the Hawaiian Islands before January 1, 
     1778, or, in the case of an individual who is awarded an 
     interest in a lease of Hawaiian home lands through transfer 
     or succession, such lower percentage as may be established 
     for such transfer or succession under section 208 or 209 of 
     the Hawaiian Homes Commission Act of 1920 (42 Stat. 111), or 
     under the corresponding provision of the Constitution of the 
     State of Hawaii adopted under section 4 of the Act entitled 
     `An Act to provide for the admission of the State of Hawaii 
     into the Union', approved March 18, 1959 (73 Stat. 5).
       ``(2) Hawaiian home lands.--The term `Hawaiian home lands' 
     means all lands given the status of Hawaiian home lands under 
     section 204 of the Hawaiian Homes Commission Act of 1920 (42 
     Stat. 110), or under the corresponding provision of the 
     Constitution of the State of Hawaii adopted under section 4 
     of the Act entitled `An Act to provide for the admission of 
     the State of Hawaii into the Union', approved March 18, 1959 
     (73 Stat. 5).''; and
       (2) by adding at the end the following:
       ``(e) Certification of Eligibility for Existing Lessees.--
     Possession of a lease of Hawaiian home lands issued under 
     section 207(a) of the Hawaiian Homes Commission Act of 1920 
     (42 Stat. 110), shall be sufficient to certify eligibility to 
     receive a mortgage under this subchapter.''.
       Sec. 220. Release of Home Program Funds. Notwithstanding 
     the requirement regarding commitment of funds in the first 
     sentence of section 288(b) of the HOME Investment 
     Partnerships Act (42 U.S.C. 12838(b)), the Secretary of 
     Housing and Urban Development (in this section referred to as 
     the ``Secretary'') shall approve the release of funds under 
     that section to the Arkansas Development Finance Authority 
     (in this section referred to as the ``ADFA'') for projects, 
     if--
       (1) funds were committed to those projects on or before 
     June 12, 2001;
       (2) those projects had not been completed as of June 12, 
     2001;
       (3) the ADFA has fully carried out its responsibilities as 
     described in section 288(a); and
       (4) the Secretary has approved the certification that meets 
     the requirements of section 288(c) with respect to those 
     projects.
       Sec. 221. Notwithstanding any other provision of law with 
     respect to this or any other fiscal year, the Housing 
     Authority of Baltimore City may use the remaining balance of 
     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 the rehabilitation of the 
     Claremont Homes project and for the provision of affordable 
     housing in areas within the City of Baltimore either (1) 
     designated by the partial consent decree in Thompson v. HUD 
     as nonimpacted census tracts or (2) designated by said 
     authority as either strong neighborhoods experiencing private 
     investment or dynamic growth areas where public and/or 
     private commercial or residential investment is occurring.
       Sec. 222. Discrimination in the Sale or Rental of Housing. 
     (a) In General.--Any entity that receives funds pursuant to 
     this Act, and discriminates in the sale or rental of housing 
     against any person because the person is, or is perceived to 
     be, a victim of domestic violence, dating violence, sexual 
     assault, or stalking, including because the person has 
     contacted or received assistance or services from law 
     enforcement related to the violence, shall be considered to 
     be discriminating against any person in the terms, 
     conditions, or privileges of sale or rental of a dwelling, or 
     in the provision of services or facilities in connection with 
     the sale or rental, because of sex under section 804(b) of 
     the Civil Rights Act of 1968 (42 U.S.C. 3604(b)).
       (b) Definitions.--In this section:
       (1) Course of conduct.--The term ``course of conduct'' 
     means a course of repeatedly maintaining a visual or physical 
     proximity to a person or conveying verbal or written threats, 
     including threats conveyed through electronic communications, 
     or threats implied by conduct.
       (2) Dating violence.--The term ``dating violence'' has the 
     meaning given the term in section 826 of the Higher Education 
     Amendments of 1998 (20 U.S.C. 1152).
       (3) Domestic violence.--The term ``domestic violence'' has 
     the meaning given the term in section 826 of the Higher 
     Education Amendments of 1998 (20 U.S.C. 1152).
       (4) Electronic communications.--The term ``electronic 
     communications'' includes communications via telephone, 
     mobile phone, computer, e-mail, video recorder, fax machine, 
     telex, or pager.
       (5) Parent; son or daughter.--The terms ``parent'' and 
     ``son or daughter'' have the meanings given the terms in 
     section 101 of the Family and Medical Leave Act of 1993 (29 
     U.S.C. 2611).
       (6) Repeatedly.--The term ``repeatedly'' means on 2 or more 
     occasions.
       (7) Sexual assault.--The term ``sexual assault'' has the 
     meaning given the term in section 826 of the Higher Education 
     Amendments of 1998 (20 U.S.C. 1152).
       (8) Stalking.--The term ``stalking'' means engaging in a 
     course of conduct directed at a specific person that would 
     cause a reasonable person to suffer substantial emotional 
     distress or to fear bodily injury, sexual assault, or death 
     to the person, or the person's spouse, parent, or son or 
     daughter, or any other person who regularly resides in the 
     person's household, if the

[[Page S8988]]

     conduct causes the specific person to have such distress or 
     fear.

                    TITLE III--INDEPENDENT AGENCIES

                  American Battle Monuments Commission


                         Salaries and Expenses

       For necessary expenses, not otherwise provided for, of the 
     American Battle Monuments Commission, including the 
     acquisition of land or interest in land in foreign countries; 
     purchases and repair of uniforms for caretakers of national 
     cemeteries and monuments outside of the United States and its 
     territories and possessions; rent of office and garage space 
     in foreign countries; purchase (one for replacement only) and 
     hire of passenger motor vehicles; and insurance of official 
     motor vehicles in foreign countries, when required by law of 
     such countries, $28,466,000, to remain available until 
     expended.

             Chemical Safety and Hazard Investigation Board


                         salaries and expenses

       For necessary expenses in carrying out activities pursuant 
     to section 112(r)(6) of the Clean Air Act, including hire of 
     passenger vehicles, uniforms or allowances therefor, as 
     authorized by 5 U.S.C. 5901-5902, and for services authorized 
     by 5 U.S.C. 3109, but at rates for individuals not to exceed 
     the per diem equivalent to the maximum rate payable for 
     senior level positions under 5 U.S.C. 5376, $7,621,000, 
     $5,121,000 of which to remain available until September 30, 
     2002 and $2,500,000 of which to remain available until 
     September 30, 2003: Provided, That the Chemical Safety and 
     Hazard Investigation Board shall have not more than three 
     career Senior Executive Service positions: Provided further, 
     That, hereafter, there shall be an Inspector General at the 
     Board who shall have the duties, responsibilities, and 
     authorities specified in the Inspector General Act of 1978, 
     as amended: Provided further, That an individual appointed to 
     the position of Inspector General of the Federal Emergency 
     Management Agency (FEMA) shall, by virtue of such 
     appointment, also hold the position of Inspector General of 
     the Board: Provided further, That the Inspector General of 
     the Board shall utilize personnel of the Office of Inspector 
     General of FEMA in performing the duties of the Inspector 
     General of the Board, and shall not appoint any individuals 
     to positions within the Board.

                       Department of the Treasury

              Community Development Financial Institutions


              Community Development Financial Institutions

                          fund program account

       To carry out the Community Development Banking and 
     Financial Institutions Act of 1994, including services 
     authorized by 5 U.S.C. 3109, but at rates for individuals not 
     to exceed the per diem rate equivalent to the rate for ES-3, 
     $100,000,000, to remain available until September 30, 2003, 
     of which $5,000,000 shall be for technical assistance and 
     training programs designed to benefit Native American 
     communities, and up to $9,850,000 may be used for 
     administrative expenses, including administration of the New 
     Markets Tax Credit, up to $6,000,000 may be used for the cost 
     of direct loans, and up to $1,000,000 may be used for 
     administrative expenses to carry out the direct loan program: 
     Provided, That the cost of direct loans, including the cost 
     of modifying such loans, shall be as defined in section 502 
     of the Congressional Budget Act of 1974, as amended: Provided 
     further, That these funds are available to subsidize gross 
     obligations for the principal amount of direct loans not to 
     exceed $51,800,000.

                   Consumer Product Safety Commission


                         Salaries and Expenses

       For necessary expenses of the Consumer Product Safety 
     Commission, including hire of passenger motor vehicles, 
     services as authorized by 5 U.S.C. 3109, but at rates for 
     individuals not to exceed the per diem rate equivalent to the 
     maximum rate payable under 5 U.S.C. 5376, purchase of nominal 
     awards to recognize non-Federal officials' contributions to 
     Commission activities, and not to exceed $500 for official 
     reception and representation expenses, $56,200,000, of which 
     $1,000,000 to remain available until September 30, 2004, 
     shall be for a research project on sensor technologies.

             Corporation for National and Community Service


                National and Community Service Programs

                           Operating Expenses

                     (including transfer of funds)

       For necessary expenses for the Corporation for National and 
     Community Service (the ``Corporation'') in carrying out 
     programs, activities, and initiatives under the National and 
     Community Service Act of 1990 (the ``Act'') (42 U.S.C. 12501 
     et seq.), $415,480,000, to remain available until September 
     30, 2003: Provided, That not more than $31,000,000 shall be 
     available for administrative expenses authorized under 
     section 501(a)(4) of the Act (42 U.S.C. 12671(a)(4)) with not 
     less than $2,000,000 targeted for the acquisition of a cost 
     accounting system for the Corporation's financial management 
     system, an integrated grants management system that provides 
     comprehensive financial management information for all 
     Corporation grants and cooperative agreements, and the 
     establishment, operation, and maintenance of a central 
     archives serving as the repository for all grant, cooperative 
     agreement, and related documents, without regard to the 
     provisions of section 501(a)(4)(B) of the Act: Provided 
     further, That not more than $2,500 shall be for official 
     reception and representation expenses: Provided further, That 
     of amounts previously transferred to the National Service 
     Trust, $5,000,000 shall be available for national service 
     scholarships for high school students performing community 
     service: Provided further, That not more than $240,492,000 of 
     the amount provided under this heading shall be available for 
     grants under the National Service Trust program authorized 
     under subtitle C of title I of the Act (42 U.S.C. 12571 et 
     seq.) (relating to activities including the AmeriCorps 
     program), of which not more than $47,000,000 may be used to 
     administer, reimburse, or support any national service 
     program authorized under section 121(d)(2) of such Act (42 
     U.S.C. 12581(d)(2)); not more than $25,000,000 shall be made 
     available to activities dedicated to developing computer and 
     information technology skills for students and teachers in 
     low-income communities: Provided further, That not more than 
     $10,000,000 of the funds made available under this heading 
     shall be made available for the Points of Light Foundation 
     for activities authorized under title III of the Act (42 
     U.S.C. 12661 et seq.), of which not more than $2,500,000 may 
     be used to establish or support an endowment fund, the corpus 
     of which shall remain intact and the interest income from 
     which shall be used to support activities described in title 
     III of the Act, provided that the Foundation may invest the 
     corpus and income in federally insured bank savings accounts 
     or comparable interest bearing accounts, certificates of 
     deposit, money market funds, mutual funds, obligations of the 
     United States, and other market instruments and securities 
     but not in real estate investments: Provided further, That 
     notwithstanding any other law $2,500,000 of the funds made 
     available by the Corporation to the Foundation under Public 
     Law 106-377 may be used in the manner described in the 
     preceding proviso: Provided further, That no funds shall be 
     available for national service programs run by Federal 
     agencies authorized under section 121(b) of such Act (42 
     U.S.C. 12571(b)): Provided further, That to the maximum 
     extent feasible, funds appropriated under subtitle C of title 
     I of the Act shall be provided in a manner that is consistent 
     with the recommendations of peer review panels in order to 
     ensure that priority is given to programs that demonstrate 
     quality, innovation, replicability, and sustainability: 
     Provided further, That not more than $25,000,000 of the funds 
     made available under this heading shall be available for the 
     Civilian Community Corps authorized under subtitle E of title 
     I of the Act (42 U.S.C. 12611 et seq.): Provided further, 
     That not more than $43,000,000 shall be available for school-
     based and community-based service-learning programs 
     authorized under subtitle B of title I of the Act (42 U.S.C. 
     12521 et seq.): Provided further, That not more than 
     $28,488,000 shall be available for quality and innovation 
     activities authorized under subtitle H of title I of the Act 
     (42 U.S.C. 12853 et seq.): Provided further, That not more 
     than $15,000,000 shall be available for grants to support the 
     Veterans Mission for Youth Program: Provided further, That 
     not more than $5,000,000 shall be available for audits and 
     other evaluations authorized under section 179 of the Act (42 
     U.S.C. 12639): Provided further, That to the maximum extent 
     practicable, the Corporation shall increase significantly the 
     level of matching funds and in-kind contributions provided by 
     the private sector, and shall reduce the total Federal costs 
     per participant in all programs: Provided further, That not 
     more than $7,500,000 of the funds made available under this 
     heading shall be made available to America's Promise--The 
     Alliance for Youth, Inc. only to support efforts to mobilize 
     individuals, groups, and organizations to build and 
     strengthen the character and competence of the Nation's 
     youth: Provided further, That not more than $5,000,000 of the 
     funds made available under this heading shall be made 
     available to the Communities In Schools, Inc. to support 
     dropout prevention activities: Provided further, That not 
     more than $2,500,000 of the funds made available under this 
     heading shall be made available to the YMCA of the USA to 
     support school-based programs designed to strengthen 
     collaborations and linkages between public schools and 
     communities: Provided further, That not more than $1,000,000 
     of the funds made available under this heading shall be made 
     available to Teach For America: Provided further, That not 
     more than $1,500,000 of the funds made available under this 
     heading shall be made available to Parents As Teachers 
     National Center, Inc. to support literacy activities.


                      Office of Inspector General

       For necessary expenses of the Office of Inspector General 
     in carrying out the Inspector General Act of 1978, as 
     amended, $5,000,000, to remain available until September 30, 
     2003.

               U.S. Court of Appeals for Veterans Claims


                         Salaries and Expenses

       For necessary expenses for the operation of the United 
     States Court of Appeals for Veterans Claims as authorized by 
     38 U.S.C. 7251-7298, $13,221,000, of which $895,000 shall be 
     available for the purpose of providing financial assistance 
     as described, and in accordance with the process and 
     reporting procedures set forth, under this heading in Public 
     Law 102-229.

                      Department of Defense--Civil

                       Cemeterial Expenses, Army


                         Salaries and Expenses

       For necessary expenses, as authorized by law, for 
     maintenance, operation, and improvement of Arlington National 
     Cemetery and Soldiers' and Airmen's Home National Cemetery, 
     including the purchase of two passenger motor vehicles for 
     replacement only, and not to exceed $1,000 for official 
     reception and representation expenses, $18,437,000, to remain 
     available until expended.

                Department of Health and Human Services

                     National Institutes of Health


          national institute of environmental health sciences

       For necessary expenses for the National Institute of 
     Environmental Health Sciences in carrying out activities set 
     forth in section 311(a) of

[[Page S8989]]

     the Comprehensive Environmental Response, Compensation, and 
     Liability Act of 1980, as amended, $70,228,000.

            Agency for Toxic Substances and Disease Registry


                         salaries and expenses

       For necessary expenses for the Agency for Toxic Substances 
     and Disease Registry (ATSDR) in carrying out activities set 
     forth in sections 104(i), 111(c)(4), and 111(c)(14) of the 
     Comprehensive Environmental Response, Compensation, and 
     Liability Act of 1980 (CERCLA), as amended; section 118(f) of 
     the Superfund Amendments and Reauthorization Act of 1986 
     (SARA), as amended; and section 3019 of the Solid Waste 
     Disposal Act, as amended, $78,235,000, to be derived from the 
     Hazardous Substance Superfund Trust Fund pursuant to section 
     517(a) of SARA (26 U.S.C. 9507): Provided, That 
     notwithstanding any other provision of law, in lieu of 
     performing a health assessment under section 104(i)(6) of 
     CERCLA, the Administrator of ATSDR may conduct other 
     appropriate health studies, evaluations, or activities, 
     including, without limitation, biomedical testing, clinical 
     evaluations, medical monitoring, and referral to accredited 
     health care providers: Provided further, That in performing 
     any such health assessment or health study, evaluation, or 
     activity, the Administrator of ATSDR shall not be bound by 
     the deadlines in section 104(i)(6)(A) of CERCLA: Provided 
     further, That none of the funds appropriated under this 
     heading shall be available for ATSDR to issue in excess of 40 
     toxicological profiles pursuant to section 104(i) of CERCLA 
     during fiscal year 2002, and existing profiles may be updated 
     as necessary.

                    Environmental Protection Agency


                         Science and Technology

       For science and technology, including research and 
     development activities, which shall include research and 
     development activities under the Comprehensive Environmental 
     Response, Compensation, and Liability Act of 1980, as 
     amended; necessary expenses for personnel and related costs 
     and travel expenses, including uniforms, or allowances 
     therefor, as authorized by 5 U.S.C. 5901-5902; services as 
     authorized by 5 U.S.C. 3109, but at rates for individuals not 
     to exceed the per diem rate equivalent to the maximum rate 
     payable for senior level positions under 5 U.S.C. 5376; 
     procurement of laboratory equipment and supplies; other 
     operating expenses in support of research and development; 
     construction, alteration, repair, rehabilitation, and 
     renovation of facilities, not to exceed $75,000 per project, 
     $665,672,000, which shall remain available until September 
     30, 2003.


                 Environmental Programs and Management

       For environmental programs and management, including 
     necessary expenses, not otherwise provided for, for personnel 
     and related costs and travel expenses, including uniforms, or 
     allowances therefor, as authorized by 5 U.S.C. 5901-5902; 
     services as authorized by 5 U.S.C. 3109, but at rates for 
     individuals not to exceed the per diem rate equivalent to the 
     maximum rate payable for senior level positions under 5 
     U.S.C. 5376; hire of passenger motor vehicles; hire, 
     maintenance, and operation of aircraft; purchase of reprints; 
     library memberships in societies or associations which issue 
     publications to members only or at a price to members lower 
     than to subscribers who are not members; construction, 
     alteration, repair, rehabilitation, and renovation of 
     facilities, not to exceed $75,000 per project; and not to 
     exceed $6,000 for official reception and representation 
     expenses, $2,061,996,200, which shall remain available until 
     September 30, 2003.


                      Office of Inspector General

       For necessary expenses of the Office of Inspector General 
     in carrying out the provisions of the Inspector General Act 
     of 1978, as amended, and for construction, alteration, 
     repair, rehabilitation, and renovation of facilities, not to 
     exceed $75,000 per project, $34,019,000, to remain available 
     until September 30, 2003.


                        Buildings and Facilities

       For construction, repair, improvement, extension, 
     alteration, and purchase of fixed equipment or facilities of, 
     or for use by, the Environmental Protection Agency, 
     $25,318,400, to remain available until expended.


                     Hazardous Substance Superfund

                     (including transfer of funds)

       For necessary expenses to carry out the Comprehensive 
     Environmental Response, Compensation, and Liability Act of 
     1980 (CERCLA), as amended, including sections 111(c)(3), 
     (c)(5), (c)(6), and (e)(4) (42 U.S.C. 9611), and for 
     construction, alteration, repair, rehabilitation, and 
     renovation of facilities, not to exceed $75,000 per project; 
     $1,274,645,560 to remain available until expended, consisting 
     of $634,532,200, as authorized by section 517(a) of the 
     Superfund Amendments and Reauthorization Act of 1986 (SARA), 
     as amended by Public Law 101-508, and $640,113,360 as a 
     payment from general revenues to the Hazardous Substance 
     Superfund for purposes as authorized by section 517(b) of 
     SARA, as amended: Provided, That funds appropriated under 
     this heading may be allocated to other Federal agencies in 
     accordance with section 111(a) of CERCLA: Provided further, 
     That of the funds appropriated under this heading, 
     $11,867,000 shall be transferred to the ``Office of Inspector 
     General'' appropriation to remain available until September 
     30, 2003, and $36,890,500 shall be transferred to the 
     ``Science and technology'' appropriation to remain available 
     until September 30, 2003.


              Leaking Underground Storage Tank Trust Fund

       For necessary expenses to carry out leaking underground 
     storage tank cleanup activities authorized by section 205 of 
     the Superfund Amendments and Reauthorization Act of 1986, and 
     for construction, alteration, repair, rehabilitation, and 
     renovation of facilities, not to exceed $75,000 per project, 
     $71,947,400, to remain available until expended.


                           Oil Spill Response

       For expenses necessary to carry out the Environmental 
     Protection Agency's responsibilities under the Oil Pollution 
     Act of 1990, $14,986,000, to be derived from the Oil Spill 
     Liability trust fund, to remain available until expended.


                   State and Tribal Assistance Grants

       For environmental programs and infrastructure assistance, 
     including capitalization grants for State revolving funds and 
     performance partnership grants, $3,603,015,900, to remain 
     available until expended, of which $1,350,000,000 shall be 
     for making capitalization grants for the Clean Water State 
     Revolving Funds under title VI of the Federal Water Pollution 
     Control Act, as amended (the ``Act''); $850,000,000 shall be 
     for capitalization grants for the Drinking Water State 
     Revolving Funds under section 1452 of the Safe Drinking Water 
     Act, as amended, except that, notwithstanding section 1452(n) 
     of the Safe Drinking Water Act, as amended, none of the funds 
     made available under this heading in this Act, or in previous 
     appropriations Acts, shall be reserved by the Administrator 
     for health effects studies on drinking water contaminants; 
     $75,000,000 shall be for architectural, engineering, 
     planning, design, construction and related activities in 
     connection with the construction of high priority water and 
     wastewater facilities in the area of the United States-Mexico 
     Border, after consultation with the appropriate border 
     commission; $40,000,000 shall be for grants to the State of 
     Alaska to address drinking water and wastewater 
     infrastructure needs of rural and Alaska Native Villages; 
     $140,000,000 shall be for making grants for the construction 
     of wastewater and water treatment facilities and groundwater 
     protection infrastructure in accordance with the terms and 
     conditions specified for such grants in the Senate report 
     accompanying this Act except that, notwithstanding any other 
     provision of law, of the funds herein and hereafter 
     appropriated under this heading for such special needs 
     infrastructure grants, the Administrator may use up to 3 
     percent of the amount of each project appropriated to 
     administer the management and oversight of construction of 
     such projects through contracts, allocation to the Corps of 
     Engineers, or grants to States; and $1,030,782,400 shall be 
     for grants, including associated program support costs, to 
     States, federally recognized tribes, interstate agencies, 
     tribal consortia, and air pollution control agencies for 
     multi-media or single media pollution prevention, control and 
     abatement and related activities, including activities 
     pursuant to the provisions set forth under this heading in 
     Public Law 104-134, and for making grants under section 103 
     of the Clean Air Act for particulate matter monitoring and 
     data collection activities of which and subject to terms and 
     conditions specified by the Administrator, $25,000,000 shall 
     be for Environmental Information Exchange Network grants, 
     including associated program support costs: Provided, That 
     for fiscal year 2002, State authority under section 302(a) of 
     Public Law 104-182 shall remain in effect: Provided further, 
     That for fiscal year 2002, and notwithstanding section 518(f) 
     of the Federal Water Pollution Control Act, as amended, the 
     Administrator is authorized to use the amounts appropriated 
     for any fiscal year under section 319 of that Act to make 
     grants to Indian tribes pursuant to section 319(h) and 518(e) 
     of that Act: Provided further, That for fiscal year 2002, 
     notwithstanding the limitation on amounts in section 518(c) 
     of the Act, up to a total of 1\1/2\ percent of the funds 
     appropriated for State Revolving Funds under Title VI of that 
     Act may be reserved by the Administrator for grants under 
     section 518(c) of such Act: Provided further, That no funds 
     provided by this legislation to address the water, wastewater 
     and other critical infrastructure needs of the colonias in 
     the United States along the United States-Mexico border shall 
     be made available to a county or municipal government unless 
     that government has established an enforceable local 
     ordinance, or other zoning rule, which prevents in that 
     jurisdiction the development or construction of any 
     additional colonia areas, or the development within an 
     existing colonia the construction of any new home, business, 
     or other structure which lacks water, wastewater, or other 
     necessary infrastructure.


                        administrative provision

       For fiscal year 2002, notwithstanding 31 U.S.C. 6303(1) and 
     6305(1), the Administrator of the Environmental Protection 
     Agency, in carrying out the Agency's function to implement 
     directly Federal environmental programs required or 
     authorized by law in the absence of an acceptable tribal 
     program, may award cooperative agreements to federally-
     recognized Indian Tribes or Intertribal consortia, if 
     authorized by their member Tribes, to assist the 
     Administrator in implementing Federal environmental programs 
     for Indian Tribes required or authorized by law, except that 
     no such cooperative agreements may be awarded from funds 
     designated for State financial assistance agreements.

                   Executive Office of the President


                Office of Science and Technology Policy

       For necessary expenses of the Office of Science and 
     Technology Policy, in carrying out the purposes of the 
     National Science and Technology Policy, Organization, and 
     Priorities Act of 1976 (42 U.S.C. 6601 and 6671), hire of 
     passenger motor vehicles, and services as authorized by 5 
     U.S.C. 3109, not to exceed $2,500 for official reception and 
     representation expenses, and rental of conference rooms in 
     the District of Columbia, $5,267,000.


  council on environmental quality and office of environmental quality

       For necessary expenses to continue functions assigned to 
     the Council on Environmental Quality and Office of 
     Environmental Quality pursuant to the National Environmental 
     Policy Act of 1969, the Environmental Quality Improvement Act 
     of 1970, and Reorganization Plan No. 1 of

[[Page S8990]]

     1977, $2,974,000: Provided, That, notwithstanding any other 
     provision of law, no funds other than those appropriated 
     under this heading shall be used for or by the Council on 
     Environmental Quality and Office of Environmental Quality: 
     Provided further, That notwithstanding section 202 of the 
     National Environmental Policy Act of 1970, the Council shall 
     consist of one member, appointed by the President, by and 
     with the advice and consent of the Senate, serving as 
     chairman and exercising all powers, functions, and duties of 
     the Council.

                 Federal Deposit Insurance Corporation


                      Office of Inspector General

       For necessary expenses of the Office of Inspector General 
     in carrying out the provisions of the Inspector General Act 
     of 1978, as amended, $33,660,000, to be derived from the Bank 
     Insurance Fund, the Savings Association Insurance Fund, and 
     the FSLIC Resolution Fund.

                  Federal Emergency Management Agency


                            Disaster Relief

                     (including transfer of funds)

       For necessary expenses in carrying out the Robert T. 
     Stafford Disaster Relief and Emergency Assistance Act (42 
     U.S.C. 5121 et seq.), $359,399,000, and, notwithstanding 42 
     U.S.C. 5203, to remain available until expended, of which not 
     to exceed $2,900,000 may be transferred to ``Emergency 
     management planning and assistance'' for the consolidated 
     emergency management performance grant program; up to 
     $15,000,000 may be obligated for flood map modernization 
     activities following disaster declarations; and $21,577,000 
     may be used by the Office of Inspector General for audits and 
     investigations.
       For an additional amount for ``Disaster relief'', 
     $2,000,000,000, to be available immediately upon the 
     enactment of this Act, and to remain available until 
     expended: Provided, That the entire amount is designated by 
     the Congress as an emergency requirement pursuant to section 
     251(b)(2)(A) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985, as amended: Provided further, That the 
     entire amount shall be available only to the extent that an 
     official budget request for a specific dollar amount, that 
     includes designation of the entire amount of the request as 
     an emergency requirement as defined in the Balanced Budget 
     and Emergency Deficit Control Act of 1985, as amended, is 
     transmitted by the President to the Congress.


            Disaster Assistance Direct Loan Program Account

       For the cost of direct loans, $405,000 as authorized by 
     section 319 of the Robert T. Stafford Disaster Relief and 
     Emergency Assistance Act: Provided, That such costs, 
     including the cost of modifying such loans, shall be as 
     defined in section 502 of the Congressional Budget Act of 
     1974, as amended: Provided further, That these funds are 
     available to subsidize gross obligations for the principal 
     amount of direct loans not to exceed $25,000,000. In 
     addition, for administrative expenses to carry out the direct 
     loan program, $543,000.


                         Salaries and Expenses

       For necessary expenses, not otherwise provided for, 
     including hire and purchase of motor vehicles as authorized 
     by 31 U.S.C. 1343; uniforms, or allowances therefor, as 
     authorized by 5 U.S.C. 5901-5902; services as authorized by 5 
     U.S.C. 3109, but at rates for individuals not to exceed the 
     per diem rate equivalent to the maximum rate payable for 
     senior level positions under 5 U.S.C. 5376; expenses of 
     attendance of cooperating officials and individuals at 
     meetings concerned with the work of emergency preparedness; 
     transportation in connection with the continuity of 
     Government programs to the same extent and in the same manner 
     as permitted the Secretary of a Military Department under 10 
     U.S.C. 2632; and not to exceed $2,500 for official reception 
     and representation expenses, $233,801,000.


                      Office of Inspector General

       For necessary expenses of the Office of Inspector General 
     in carrying out the Inspector General Act of 1978, as 
     amended, $10,303,000: Provided, That notwithstanding any 
     other provision of law, the Inspector General of the Federal 
     Emergency Management Agency shall also serve as the Inspector 
     General of the Chemical Safety and Hazard Investigation 
     Board.


              Emergency Management Planning and Assistance

       For necessary expenses, not otherwise provided for, to 
     carry out activities under the National Flood Insurance Act 
     of 1968, as amended, and the Flood Disaster Protection Act of 
     1973, as amended (42 U.S.C. 4001 et seq.), the Robert T. 
     Stafford Disaster Relief and Emergency Assistance Act (42 
     U.S.C. 5121 et seq.), the Earthquake Hazards Reduction Act of 
     1977, as amended (42 U.S.C. 7701 et seq.), the Federal Fire 
     Prevention and Control Act of 1974, as amended (15 U.S.C. 
     2201 et seq.), the Defense Production Act of 1950, as amended 
     (50 U.S.C. App. 2061 et seq.), sections 107 and 303 of the 
     National Security Act of 1947, as amended (50 U.S.C. 404-
     405), and Reorganization Plan No. 3 of 1978, $279,623,000: 
     Provided, That for purposes of pre-disaster mitigation 
     pursuant to 42 U.S.C. 5131(b) and (c) and 42 U.S.C. 5196(e) 
     and (i), $25,000,000 of the funds made available under this 
     heading shall be available until expended for project grants.
       For an additional amount for ``Emergency management 
     planning and assistance'', $150,000,000 for programs as 
     authorized by section 33 of the Federal Fire Prevention and 
     Control Act of 1974, as amended (15 U.S.C. 2201 et seq.).


                Radiological Emergency Preparedness Fund

       The aggregate charges assessed during fiscal year 2002, as 
     authorized by Public Law 106-377, shall not be less than 100 
     percent of the amounts anticipated by FEMA necessary for its 
     radiological emergency preparedness program for the next 
     fiscal year. The methodology for assessment and collection of 
     fees shall be fair and equitable; and shall reflect costs of 
     providing such services, including administrative costs of 
     collecting such fees. Fees received pursuant to this section 
     shall be deposited in the Fund as offsetting collections and 
     will become available for authorized purposes on October 1, 
     2002, and remain available until expended.


                   Emergency Food and Shelter Program

       To carry out an emergency food and shelter program pursuant 
     to title III of Public Law 100-77, as amended, $139,692,000, 
     to remain available until expended: Provided, That total 
     administrative costs shall not exceed 3\1/2\ percent of the 
     total appropriation.


                     National Flood Insurance Fund

                     (including transfers of funds)

       For activities under the National Flood Insurance Act of 
     1968 (``the Act''), the Flood Disaster Protection Act of 
     1973, as amended, not to exceed $28,798,000 for salaries and 
     expenses associated with flood mitigation and flood insurance 
     operations, and not to exceed $76,381,000 for flood 
     mitigation, including up to $20,000,000 for expenses under 
     section 1366 of the Act, which amount shall be available for 
     transfer to the National Flood Mitigation Fund until 
     September 30, 2003. In fiscal year 2002, no funds in excess 
     of: (1) $55,000,000 for operating expenses; (2) $536,750,000 
     for agents' commissions and taxes; and (3) $30,000,000 for 
     interest on Treasury borrowings shall be available from the 
     National Flood Insurance Fund without prior notice to the 
     Committees on Appropriations.
       In addition, up to $7,000,000 in fees collected but 
     unexpended during fiscal years 2000 through 2001 shall be 
     transferred to the Flood Map Modernization Fund and available 
     for expenditure in fiscal year 2002.
       Section 1309(a)(2) of the Act (42 U.S.C. 4016(a)(2)), as 
     amended, is further amended by striking ``December 31, 2001'' 
     and inserting ``December 31, 2002''.
       Section 1319 of the Act, as amended (42 U.S.C. 4026), is 
     amended by striking ``September 30, 2001'' and inserting 
     ``December 31, 2002''.
       Section 1336 of the Act, as amended (42 U.S.C. 4056), is 
     amended by striking ``September 30, 2001'' and inserting 
     ``December 31, 2002''.
       The first sentence of section 1376(c) of the Act, as 
     amended (42 U.S.C. 4127(c)), is amended by striking 
     ``December 31, 2001'' and inserting ``December 31, 2002''.


                     National Flood Mitigation Fund

       Notwithstanding sections 1366(b)(3)(B)-(C) and 1366(f) of 
     the National Flood Insurance Act of 1968, as amended, 
     $20,000,000, to remain available until September 30, 2003, 
     for activities designed to reduce the risk of flood damage to 
     structures pursuant to such Act, of which $20,000,000 shall 
     be derived from the National Flood Insurance Fund.

                    General Services Administration


                Federal Consumer Information Center Fund

       For necessary expenses of the Federal Consumer Information 
     Center, including services authorized by 5 U.S.C. 3109, 
     $7,276,000, to be deposited into the Federal Consumer 
     Information Center Fund: Provided, That the appropriations, 
     revenues, and collections deposited into the Fund shall be 
     available for necessary expenses of Federal Consumer 
     Information Center activities in the aggregate amount of 
     $12,000,000. Appropriations, revenues, and collections 
     accruing to this Fund during fiscal year 2002 in excess of 
     $12,000,000 shall remain in the Fund and shall not be 
     available for expenditure except as authorized in 
     appropriations Acts.

             National Aeronautics and Space Administration


                           Human Space Flight

                     (including transfer of funds)

       For necessary expenses, not otherwise provided for, in the 
     conduct and support of human space flight research and 
     development activities, including research, development, 
     operations, support and services; maintenance; construction 
     of facilities including repair, rehabilitation, 
     revitalization and modification of facilities, construction 
     of new facilities and additions to existing facilities, 
     facility planning and design, environmental compliance and 
     restoration, and acquisition or condemnation of real 
     property, as authorized by law; space flight, spacecraft 
     control and communications activities including operations, 
     production, and services; program management; personnel and 
     related costs, including uniforms or allowances therefor, as 
     authorized by 5 U.S.C. 5901-5902; travel expenses; purchase 
     and hire of passenger motor vehicles; not to exceed $20,000 
     for official reception and representation expenses; and 
     purchase, lease, charter, maintenance and operation of 
     mission and administrative aircraft, $6,868,000,000, to 
     remain available until September 30, 2003, of which amounts 
     as determined by the Administrator for salaries and benefits; 
     training, travel and awards; facility and related costs; 
     information technology services; science, engineering, 
     fabricating and testing services; and other administrative 
     services may be transferred to the Science, Aeronautics and 
     Technology account in accordance with section 312(b) of the 
     National Aeronautics and Space Act of 1958, as amended by 
     Public Law 106-377: Provided, That the funding level for 
     Development and Operation of the International Space Station 
     shall not exceed $1,781,300,000 for fiscal year 2002, 
     $1,500,400,000 for fiscal year 2003, $1,203,800,000 for 
     fiscal year 2004, $1,078,300,000 for fiscal year 2005 and 
     $1,099,600,000 for fiscal year 2006: Provided further, That 
     the President shall certify, and report such certification to 
     the Senate Committees on Appropriations and Commerce, Science 
     and Transportation and to the House of Representatives 
     Committees on Appropriations and Science, that any proposal 
     to exceed these

[[Page S8991]]

     limits, or enhance the International Space Station design 
     above the content planned for U.S. core complete, is (1) 
     necessary and of the highest priority to enhance the goal of 
     world class research in space aboard the International Space 
     Station; (2) within acceptable risk levels, having no major 
     unresolved technical issues and a high confidence in cost and 
     schedule estimates, and independently validated; and (3) 
     affordable within the multi-year funding available to the 
     International Space Station program as defined above or, if 
     exceeds such amounts, these additional resources are not 
     achieved through any funding reduction to programs contained 
     in Space Science, Earth Science and Aeronautics.


                  Science, Aeronautics and Technology

       For necessary expenses, not otherwise provided for, in the 
     conduct and support of science, aeronautics and technology 
     research and development activities, including research, 
     development, operations, support and services; maintenance; 
     construction of facilities including repair, rehabilitation, 
     revitalization, and modification of facilities, construction 
     of new facilities and additions to existing facilities, 
     facility planning and design, environmental compliance and 
     restoration, and acquisition or condemnation of real 
     property, as authorized by law; space flight, spacecraft 
     control and communications activities including operations, 
     production, and services; program management; personnel and 
     related costs, including uniforms or allowances therefor, as 
     authorized by 5 U.S.C. 5901-5902; travel expenses; purchase 
     and hire of passenger motor vehicles; not to exceed $20,000 
     for official reception and representation expenses; and 
     purchase, lease, charter, maintenance and operation of 
     mission and administrative aircraft, $7,669,700,000, to 
     remain available until September 30, 2003.


                      Office of Inspector General

       For necessary expenses of the Office of Inspector General 
     in carrying out the Inspector General Act of 1978, as 
     amended, $23,700,000.


                       Administrative Provisions

       Notwithstanding the limitation on the availability of funds 
     appropriated for ``Human space flight'', or ``Science, 
     aeronautics and technology'' by this appropriations Act, when 
     any activity has been initiated by the incurrence of 
     obligations for construction of facilities as authorized by 
     law, such amount available for such activity shall remain 
     available until expended. This provision does not apply to 
     the amounts appropriated for institutional minor 
     revitalization and construction of facilities, and 
     institutional facility planning and design.
       Notwithstanding the limitation on the availability of funds 
     appropriated for ``Human space flight'', or ``Science, 
     aeronautics and technology'' by this appropriations Act, the 
     amounts appropriated for construction of facilities shall 
     remain available until September 30, 2004.
       Notwithstanding the limitation on the availability of funds 
     appropriated for ``Office of Inspector General'', amounts 
     made available by this Act for personnel and related costs 
     and travel expenses of the National Aeronautics and Space 
     Administration shall remain available until September 30, 
     2002 and may be used to enter into contracts for training, 
     investigations, costs associated with personnel relocation, 
     and for other services, to be provided during the next fiscal 
     year. Funds for announced prizes otherwise authorized shall 
     remain available, without fiscal year limitation, until the 
     prize is claimed or the offer is withdrawn.

                  National Credit Union Administration


                       central liquidity facility

                     (including transfer of funds)

       During fiscal year 2002, gross obligations of the Central 
     Liquidity Facility for the principal amount of new direct 
     loans to member credit unions, as authorized by 12 U.S.C. 
     1795 et seq., shall not exceed $1,500,000,000: Provided, That 
     administrative expenses of the Central Liquidity Facility 
     shall not exceed $309,000: Provided further, That $1,000,000 
     shall be transferred to the Community Development Revolving 
     Loan Fund, of which $650,000, together with amounts of 
     principal and interest on loans repaid, shall be available 
     until expended for loans to community development credit 
     unions, and $350,000 shall be available until expended for 
     technical assistance to low-income and community development 
     credit unions.

                      National Science Foundation


                    research and related activities

       For necessary expenses in carrying out the National Science 
     Foundation Act of 1950, as amended (42 U.S.C. 1861-1875), and 
     the Act to establish a National Medal of Science (42 U.S.C. 
     1880-1881); services as authorized by 5 U.S.C. 3109; 
     authorized travel; maintenance and operation of aircraft and 
     purchase of flight services for research support; acquisition 
     of aircraft; $3,514,481,000, of which not to exceed 
     $285,000,000 shall remain available until expended for Polar 
     research and operations support, and for reimbursement to 
     other Federal agencies for operational and science support 
     and logistical and other related activities for the United 
     States Antarctic program; the balance to remain available 
     until September 30, 2003: Provided, That receipts for 
     scientific support services and materials furnished by the 
     National Research Centers and other National Science 
     Foundation supported research facilities may be credited to 
     this appropriation: Provided further, That to the extent that 
     the amount appropriated is less than the total amount 
     authorized to be appropriated for included program 
     activities, all amounts, including floors and ceilings, 
     specified in the authorizing Act for those program activities 
     or their subactivities shall be reduced proportionally: 
     Provided further, That $75,000,000 of the funds available 
     under this heading shall be made available for a 
     comprehensive research initiative on plant genomes for 
     economically significant crops.


                        major research equipment

       For necessary expenses of major construction projects 
     pursuant to the National Science Foundation Act of 1950, as 
     amended, including authorized travel, $108,832,000, to remain 
     available until expended.


                     education and human resources

       For necessary expenses in carrying out science and 
     engineering education and human resources programs and 
     activities pursuant to the National Science Foundation Act of 
     1950, as amended (42 U.S.C. 1861-1875), including services as 
     authorized by 5 U.S.C. 3109, authorized travel, and rental of 
     conference rooms in the District of Columbia, $872,407,000, 
     to remain available until September 30, 2003: Provided, That 
     to the extent that the amount of this appropriation is less 
     than the total amount authorized to be appropriated for 
     included program activities, all amounts, including floors 
     and ceilings, specified in the authorizing Act for those 
     program activities or their subactivities shall be reduced 
     proportionally: Provided further, That $15,000,000 shall be 
     available for the innovation partnership program.


                         salaries and expenses

       For salaries and expenses necessary in carrying out the 
     National Science Foundation Act of 1950, as amended (42 
     U.S.C. 1861-1875); services authorized by 5 U.S.C. 3109; hire 
     of passenger motor vehicles; not to exceed $9,000 for 
     official reception and representation expenses; uniforms or 
     allowances therefor, as authorized by 5 U.S.C. 5901-5902; 
     rental of conference rooms in the District of Columbia; 
     reimbursement of the General Services Administration for 
     security guard services; $170,040,000: Provided, That 
     contracts may be entered into under ``Salaries and expenses'' 
     in fiscal year 2002 for maintenance and operation of 
     facilities, and for other services, to be provided during the 
     next fiscal year.


                      office of inspector general

       For necessary expenses of the Office of Inspector General 
     as authorized by the Inspector General Act of 1978, as 
     amended, $6,760,000, to remain available until September 30, 
     2003.

                 Neighborhood Reinvestment Corporation


          payment to the neighborhood reinvestment corporation

       For payment to the Neighborhood Reinvestment Corporation 
     for use in neighborhood reinvestment activities, as 
     authorized by the Neighborhood Reinvestment Corporation Act 
     (42 U.S.C. 8101-8107), $100,000,000, of which $10,000,000 
     shall be for a homeownership program that is used in 
     conjunction with section 8 assistance under the United States 
     Housing Act of 1937, as amended.

                        Selective Service System


                         salaries and expenses

       For necessary expenses of the Selective Service System, 
     including expenses of attendance at meetings and of training 
     for uniformed personnel assigned to the Selective Service 
     System, as authorized by 5 U.S.C. 4101-4118 for civilian 
     employees; and not to exceed $1,000 for official reception 
     and representation expenses; $25,003,000: Provided, That 
     during the current fiscal year, the President may exempt this 
     appropriation from the provisions of 31 U.S.C. 1341, whenever 
     the President deems such action to be necessary in the 
     interest of national defense: Provided further, That none of 
     the funds appropriated by this Act may be expended for or in 
     connection with the induction of any person into the Armed 
     Forces of the United States.

                      TITLE IV--GENERAL PROVISIONS

       Sec. 401. Where appropriations in titles I, II, and III of 
     this Act are expendable for travel expenses and no specific 
     limitation has been placed thereon, the expenditures for such 
     travel expenses may not exceed the amounts set forth therefor 
     in the budget estimates submitted for the appropriations: 
     Provided, That this provision does not apply to accounts that 
     do not contain an object classification for travel: Provided 
     further, That this section shall not apply to travel 
     performed by uncompensated officials of local boards and 
     appeal boards of the Selective Service System; to travel 
     performed directly in connection with care and treatment of 
     medical beneficiaries of the Department of Veterans Affairs; 
     to travel performed in connection with major disasters or 
     emergencies declared or determined by the President under the 
     provisions of the Robert T. Stafford Disaster Relief and 
     Emergency Assistance Act; to travel performed by the Offices 
     of Inspector General in connection with audits and 
     investigations; or to payments to interagency motor pools 
     where separately set forth in the budget schedules: Provided 
     further, That if appropriations in titles I, II, and III 
     exceed the amounts set forth in budget estimates initially 
     submitted for such appropriations, the expenditures for 
     travel may correspondingly exceed the amounts therefor set 
     forth in the estimates only to the extent such an increase is 
     approved by the Committees on Appropriations.
       Sec. 402. Appropriations and funds available for the 
     administrative expenses of the Department of Housing and 
     Urban Development and the Selective Service System shall be 
     available in the current fiscal year for purchase of 
     uniforms, or allowances therefor, as authorized by 5 U.S.C. 
     5901-5902; hire of passenger motor vehicles; and services as 
     authorized by 5 U.S.C. 3109.
       Sec. 403. Funds of the Department of Housing and Urban 
     Development subject to the Government Corporation Control Act 
     or section 402 of the Housing Act of 1950 shall be available, 
     without regard to the limitations on administrative expenses, 
     for legal services on a contract or fee basis, and for 
     utilizing and making payment for services and facilities of 
     the Federal National Mortgage Association, Government 
     National Mortgage Association, Federal Home Loan Mortgage 
     Corporation, Federal Financing

[[Page S8992]]

     Bank, Federal Reserve banks or any member thereof, Federal 
     Home Loan banks, and any insured bank within the meaning of 
     the Federal Deposit Insurance Corporation Act, as amended (12 
     U.S.C. 1811-1831).
       Sec. 404. No part of any appropriation contained in this 
     Act shall remain available for obligation beyond the current 
     fiscal year unless expressly so provided herein.
       Sec. 405. No funds appropriated by this Act may be 
     expended--
       (1) pursuant to a certification of an officer or employee 
     of the United States unless--
       (A) such certification is accompanied by, or is part of, a 
     voucher or abstract which describes the payee or payees and 
     the items or services for which such expenditure is being 
     made; or
       (B) the expenditure of funds pursuant to such 
     certification, and without such a voucher or abstract, is 
     specifically authorized by law; and
       (2) unless such expenditure is subject to audit by the 
     General Accounting Office or is specifically exempt by law 
     from such audit.
       Sec. 406. None of the funds provided in this Act to any 
     department or agency may be expended for the transportation 
     of any officer or employee of such department or agency 
     between their domicile and their place of employment, with 
     the exception of any officer or employee authorized such 
     transportation under 31 U.S.C. 1344 or 5 U.S.C. 7905.
       Sec. 407. None of the funds provided in this Act may be 
     used for payment, through grants or contracts, to recipients 
     that do not share in the cost of conducting research 
     resulting from proposals not specifically solicited by the 
     Government: Provided, That the extent of cost sharing by the 
     recipient shall reflect the mutuality of interest of the 
     grantee or contractor and the Government in the research.
       Sec. 408. None of the funds in this Act may be used, 
     directly or through grants, to pay or to provide 
     reimbursement for payment of the salary of a consultant 
     (whether retained by the Federal Government or a grantee) at 
     more than the daily equivalent of the rate paid for level IV 
     of the Executive Schedule, unless specifically authorized by 
     law.
       Sec. 409. None of the funds provided in this Act shall be 
     used to pay the expenses of, or otherwise compensate, non-
     Federal parties intervening in regulatory or adjudicatory 
     proceedings. Nothing herein affects the authority of the 
     Consumer Product Safety Commission pursuant to section 7 of 
     the Consumer Product Safety Act (15 U.S.C. 2056 et seq.).
       Sec. 410. Except as otherwise provided under existing law, 
     or under an existing Executive Order issued pursuant to an 
     existing law, the obligation or expenditure of any 
     appropriation under this Act for contracts for any consulting 
     service shall be limited to contracts which are: (1) a matter 
     of public record and available for public inspection; and (2) 
     thereafter included in a publicly available list of all 
     contracts entered into within 24 months prior to the date on 
     which the list is made available to the public and of all 
     contracts on which performance has not been completed by such 
     date. The list required by the preceding sentence shall be 
     updated quarterly and shall include a narrative description 
     of the work to be performed under each such contract.
       Sec. 411. Except as otherwise provided by law, no part of 
     any appropriation contained in this Act shall be obligated or 
     expended by any executive agency, as referred to in the 
     Office of Federal Procurement Policy Act (41 U.S.C. 401 et 
     seq.), for a contract for services unless such executive 
     agency: (1) has awarded and entered into such contract in 
     full compliance with such Act and the regulations promulgated 
     thereunder; and (2) requires any report prepared pursuant to 
     such contract, including plans, evaluations, studies, 
     analyses and manuals, and any report prepared by the agency 
     which is substantially derived from or substantially includes 
     any report prepared pursuant to such contract, to contain 
     information concerning: (A) the contract pursuant to which 
     the report was prepared; and (B) the contractor who prepared 
     the report pursuant to such contract.
       Sec. 412. Except as otherwise provided in section 406, none 
     of the funds provided in this Act to any department or agency 
     shall be obligated or expended to provide a personal cook, 
     chauffeur, or other personal servants to any officer or 
     employee of such department or agency.
       Sec. 413. None of the funds provided in this Act to any 
     department or agency shall be obligated or expended to 
     procure passenger automobiles as defined in 15 U.S.C. 2001 
     with an EPA estimated miles per gallon average of less than 
     22 miles per gallon.
       Sec. 414. None of the funds appropriated in title I of this 
     Act shall be used to enter into any new lease of real 
     property if the estimated annual rental is more than $300,000 
     unless the Secretary submits a report which the Committees on 
     Appropriations of the Congress approve within 30 days 
     following the date on which the report is received.
       Sec. 415. (a) It is the sense of the Congress that, to the 
     greatest extent practicable, all equipment and products 
     purchased with funds made available in this Act should be 
     American-made.
       (b) In providing financial assistance to, or entering into 
     any contract with, any entity using funds made available in 
     this Act, the head of each Federal agency, to the greatest 
     extent practicable, shall provide to such entity a notice 
     describing the statement made in subsection (a) by the 
     Congress.
       Sec. 416. None of the funds appropriated in this Act may be 
     used to implement any cap on reimbursements to grantees for 
     indirect costs, except as published in Office of Management 
     and Budget Circular A-21.
       Sec. 417. Such sums as may be necessary for fiscal year 
     2002 pay raises for programs funded by this Act shall be 
     absorbed within the levels appropriated in this Act.
       Sec. 418. None of the funds made available in this Act may 
     be used for any program, project, or activity, when the 
     program, project, or activity is not in compliance with any 
     Federal law relating to risk assessment, the protection of 
     private property rights, or unfunded mandates.
       Sec. 419. Corporations and agencies of the Department of 
     Housing and Urban Development which are subject to the 
     Government Corporation Control Act, as amended, are hereby 
     authorized to make such expenditures, within the limits of 
     funds and borrowing authority available to each such 
     corporation or agency and in accord with law, and to make 
     such contracts and commitments without regard to fiscal year 
     limitations as provided by section 104 of such Act as may be 
     necessary in carrying out the programs set forth in the 
     budget for 2002 for such corporation or agency except as 
     hereinafter provided: Provided, That collections of these 
     corporations and agencies may be used for new loan or 
     mortgage purchase commitments only to the extent expressly 
     provided for in this Act (unless such loans are in support of 
     other forms of assistance provided for in this or prior 
     appropriations Acts), except that this proviso shall not 
     apply to the mortgage insurance or guaranty operations of 
     these corporations, or where loans or mortgage purchases are 
     necessary to protect the financial interest of the United 
     States Government.
       Sec. 420. Notwithstanding any other provision of law, the 
     term ``qualified student loan'' with respect to national 
     service education awards shall mean any loan determined by an 
     institution of higher education to be necessary to cover a 
     student's cost of attendance at such institution and made 
     directly to a student by a state agency, in addition to other 
     meanings under section 148(b)(7) of the National and 
     Community Service Act.
       Sec. 421. Unless otherwise provided for in this Act, no 
     part of any appropriation for the Department of Housing and 
     Urban Development shall be available for any activity in 
     excess of amounts set forth in the budget estimates submitted 
     to Congress.
       Sec. 422. None of the funds appropriated or otherwise made 
     available by this Act shall be used to promulgate a final 
     regulation to implement changes in the payment of pesticide 
     tolerance processing fees as proposed at 64 Fed. Reg. 31040, 
     or any similar proposals. The Environmental Protection Agency 
     may proceed with the development of such a rule.
       Sec. 423. Except in the case of entities that are funded 
     solely with Federal funds or any natural persons that are 
     funded under this Act, none of the funds in this Act shall be 
     used for the planning or execution of any program to pay the 
     expenses of, or otherwise compensate, non-Federal parties to 
     lobby or litigate in respect to adjudicatory proceedings 
     funded in this Act. A chief executive officer of any entity 
     receiving funds under this Act shall certify that none of 
     these funds have been used to engage in the lobbying of the 
     Federal Government or in litigation against the United States 
     unless authorized under existing law.
       Sec. 424. No part of any funds appropriated in this Act 
     shall be used by an agency of the executive branch, other 
     than for normal and recognized executive-legislative 
     relationships, for publicity or propaganda purposes, and for 
     the preparation, distribution or use of any kit, pamphlet, 
     booklet, publication, radio, television or film presentation 
     designed to support or defeat legislation pending before the 
     Congress, except in presentation to the Congress itself.
       Sec. 425. None of the funds provided in Title II for 
     technical assistance, training, or management improvements 
     may be obligated or expended unless HUD provides to the 
     Committees on Appropriations a description of each proposed 
     activity and a detailed budget estimate of the costs 
     associated with each activity as part of the Budget 
     Justifications. For fiscal year 2002, HUD shall transmit this 
     information to the Committees by January 8, 2002 for 30 days 
     of review.
       Sec. 426. Section 70113(f) of title 49, United States Code, 
     is amended by striking ``December 31, 2001'', and inserting 
     ``December 31, 2002''.
       Sec. 427. All Departments and agencies funded under this 
     Act are encouraged, within the limits of the existing 
     statutory authorities and funding, to expand their use of 
     ``E-Commerce'' technologies and procedures in the conduct of 
     their business practices and public service activities.
       Sec. 428. The Administrator of the Environmental Protection 
     Agency, pursuant to the Safe Drinking Water Act, shall 
     immediately put into effect a new national primary drinking 
     water regulation for arsenic that--
       (1) establishes a standard for arsenic at a level providing 
     for the protection of the population in general, fully taking 
     into account those at greater risk, such as infants, 
     children, pregnant women, the elderly and those with a 
     history of serious illness; and
       (2) lifts the suspension on the effective date for the 
     community right to know requirements included in the national 
     primary drinking water regulation for arsenic published on 
     January 22, 2001, in the Federal Register (66 Fed. Reg. 
     6976).
        Sec. 429. Arsenic in Playground Equipment. (a)  
     Findings.--The Congress makes the following findings:
       (1) The Department of Health and Human Services has 
     determined that arsenic is a known carcinogen, and the 
     Environmental Protection Agency has classified chromated 
     copper arsenate (CCA), which is 22 percent arsenic, as a 
     ``restricted use chemical''.
       (2) CCA is often used as a preservative in pressure-treated 
     wood, and CCA-treated wood is widely used in constructing 
     playground equipment frequented by children.
       (3) In 2001, many communities in Florida and elsewhere have 
     temporarily or permanently closed playgrounds in response to 
     elevated levels

[[Page S8993]]

     of arsenic in soil surrounding CCA-treated wood playground 
     equipment.
       (4) The State of Florida recently announced that its own 
     wood-treatment plant would cease using arsenic as a 
     preservative.
       (5) PlayNation Play Systems, which manufactures playground 
     equipment, announced in June 2001 that it would no longer use 
     CCA as a preservative in its playground products.
       (6) In May 2001, the Environmental Protection Agency 
     announced that it would expedite its ongoing review of the 
     health risks facing children playing near CCA-treated wood 
     playground equipment, and produce its findings in June 2001. 
     The EPA later postponed the release of its risk assessment 
     until the end of the summer of 2001, and announced that its 
     risk assessment would be reviewed by a Scientific Advisory 
     Panel in October 2001.
       (7) The EPA also plans to expedite its risk assessment 
     regarding the re-registering of arsenic as a pesticide by 
     accelerating its release from 2003 to 2002.
       (8) The Consumer Product Safety Commission, which has the 
     authority to ban hazardous and dangerous products, announced 
     in June 2001 that it would consider a petition seeking the 
     banning of CCA-treated wood from all playground equipment.
       (9) Many viable alternatives to CCA-treated wood exist, 
     including cedar, plastic products, aluminum, and treated wood 
     without CCA. These products, alone or in combination, can 
     fully replace CCA-treated wood in playground equipment.
       (b) Sense of the Senate.--It is the sense of the Senate 
     that the potential health and safety risks to children 
     playing on and around CCA-treated wood playground equipment 
     is a matter of the highest priority, which demands immediate 
     attention from the Congress, the Executive Branch, State and 
     local governments, affected industries, and parents.
       (c) Report.--Not later than 30 days after the date of 
     enactment of this Act, the Administrator of the Environmental 
     Protection Agency, in consultation with the Consumer Product 
     Safety Commission, shall submit a report to Congress which 
     shall include--
       (1) the Environmental Protection Agency's most up-to-date 
     understanding of the potential health and safety risks to 
     children playing on and around CCA-treated wood playground 
     equipment;
       (2) the Environmental Protection Agency's current 
     recommendations to State and local governments about the 
     continued use of CCA-treated wood playground equipment; and
       (3) an assessment of whether consumers considering 
     purchases of CCA-treated wood playground equipment are 
     adequately informed concerning the health effects associated 
     with arsenic.
       Sec. 430. Experimental Program To Stimulate Competitive 
     Research. From amounts available to the National Science 
     Foundation under this Act, a total of $115,000,000 may be 
     available to carry out the Experimental Program to Stimulate 
     Competitive Research (EPSCoR), which includes $25,000,000 in 
     co-funding.
       Sec. 431. Sense of the Senate Concerning the State Water 
     Pollution Control Revolving Fund. (a) Findings.--Congress 
     finds that--
       (1) funds from the drinking water State revolving fund 
     established under section 1452 of the Safe Drinking Water Act 
     (42 U.S.C. 300j-12) are allocated on the basis of an 
     infrastructure needs survey conducted by the Administrator of 
     the Environmental Protection Agency, in accordance with the 
     Safe Drinking Water Act Amendments of 1996 (Public Law 104-
     182);
       (2) the needs-based allocation of that fund was enacted by 
     Congress and is seen as a fair and reasonable basis for 
     allocation of funds under a revolving fund of this type;
       (3) the Administrator of the Environmental Protection 
     Agency also conducts a wastewater infrastructure needs survey 
     that should serve as the basis for allocation of the State 
     water pollution control revolving fund established under 
     title VI of the Federal Water Pollution Control Act (33 
     U.S.C. 1381 et seq.);
       (4) the current allocation formula for the State water 
     pollution control revolving fund is so inequitable that it 
     results in some States receiving funding in an amount up to 7 
     times as much as States with approximately similar 
     populations, in terms of percentage of need met; and
       (5) the Senate has proven unwilling to address that 
     inequity in an appropriations bill, citing the necessity of 
     addressing new allocation formulas only in authorization 
     bills.
       (b) Sense of the Senate.--It is the sense of the Senate 
     that the Committee on Environment and Public Works of the 
     Senate should be prepared to enact authorizing legislation 
     (including an equitable, needs-based formula) for the State 
     water pollution control revolving fund as soon as practicable 
     after the Senate returns from recess in September.
       This Act may be cited as the ``Departments of Veterans 
     Affairs and Housing and Urban Development, and Independent 
     Agencies Appropriations Act, 2002''.

     

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