[107th Congress Public Law 73]
[From the U.S. Government Printing Office]


<DOC>
[DOCID: f:publ073.107]


[[Page 115 STAT. 651]]

Public Law 107-73
107th Congress

                                 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. <<NOTE: Nov. 26, 
                         2001 -  [H.R. 2620]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Departments of 
Veterans Affairs and Housing and Urban Development, and Independent 
Agencies Appropriations Act, 2002.>>  That the following sums are 
appropriated, out of any money in the Treasury not otherwise 
appropriated, for the Departments of Veterans Affairs and Housing and 
Urban Development, and for sundry independent agencies, boards, 
commissions, corporations, and offices for the fiscal year ending 
September 30, 2002, and for other purposes, namely:

                 TITLE I--DEPARTMENT OF VETERANS AFFAIRS

                    Veterans Benefits Administration

                        compensation and pensions

                      (including transfer 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 (50 U.S.C. App. 540 et seq.) 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 under this heading 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.

[[Page 115 STAT. 652]]

                          readjustment benefits

    For the payment of readjustment and rehabilitation benefits to or on 
behalf of veterans as authorized by law (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 this account.

                   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

[[Page 115 STAT. 653]]

further, That funds made available under this heading 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

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

                     Veterans Health Administration

                              medical care

                      (including transfer of funds)

    For necessary expenses for the maintenance and operation of 
hospitals, nursing homes, and domiciliary facilities; for furnishing, as 
authorized by law, inpatient and outpatient care and treatment to 
beneficiaries of the Department of Veterans Affairs, including care and 
treatment in facilities not under the jurisdiction of the department; 
and furnishing recreational facilities, supplies, and equipment; 
funeral, burial, and other expenses incidental thereto for beneficiaries 
receiving care in the department; administrative expenses in support of 
planning, design, project management, real property acquisition and 
disposition, construction and renovation of any facility under the 
jurisdiction or for the use of the department; oversight, engineering 
and architectural activities not charged to project cost; repairing, 
altering, improving or providing facilities in the several hospitals and 
homes under the jurisdiction of the department, not otherwise provided 
for, either by contract or by the hire of temporary employees and 
purchase of materials; uniforms or allowances therefor, as authorized by 
5 U.S.C. 5901-5902; aid to State homes as authorized by 38 U.S.C. 1741; 
administrative and legal expenses of the department for collecting and 
recovering amounts owed the department as authorized under 38 U.S.C. 
chapter 17, and the Federal Medical Care Recovery Act, 42 U.S.C. 2651 et 
seq., $21,331,164,000, 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

[[Page 115 STAT. 654]]

available under this heading, not to exceed $900,000,000 shall be 
available until September 30, 2003: Provided further, That of the funds 
made available under this heading for non-recurring maintenance and 
repair (NRM) activities, $15,000,000 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, <<NOTE: Contracts.>>  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, $371,000,000, 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, $66,731,000, 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 administrative

[[Page 115 STAT. 655]]

expenses in support of Department-wide capital planning, management and 
policy activities, 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, $1,195,728,000: 
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 for obligation until September 30, 2003: Provided further, 
That from the funds made available under this heading, the Veterans 
Benefits Administration may purchase up to four passenger motor vehicles 
for use in operations of that Administration in Manila, Philippines: 
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, $52,308,000.

                      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, $183,180,000, 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 of the amount made available under this heading for CARES 
activities, up to $40,000,000 shall be for construction of a blind and 
spinal cord injury center at the Hines Veterans Affairs Medical Center 
pursuant

[[Page 115 STAT. 656]]

to the Veterans Integrated Service Network (VISN) 12 CARES study, and 
construction of such center is hereby deemed authorized pursuant to 
title 38, United States Code: Provided further, That the amounts 
designated in the previous proviso shall be available for obligation 
only after the Secretary of Veterans Affairs has initiated all actions 
necessary to implement fully Option B of the July 19, 2001 VISN 12 
Service Delivery Options after consulting with interested and affected 
parties, and has initiated Phase II of the CARES process: Provided 
further, That except for advance planning activities, including needs 
assessments which may or may not lead to capital investments, and other 
capital asset management related activities, such as portfolio 
development and management activities, and investment strategy studies 
funded through the advance planning fund and the planning and design 
activities funded through the design fund and CARES funds, including 
needs assessments which may or may not lead to capital investments, none 
of the funds appropriated under this heading shall be used for any 
project which has not been approved by the Congress in the budgetary 
process: Provided further, <<NOTE: Contracts. Deadline.>>  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, <<NOTE: Reports.>>  That the Secretary of Veterans Affairs 
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 1 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, $210,900,000, 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 upon notification of and 
approval by the Committees on Appropriations: Provided further, That 
funds in this account shall be available

[[Page 115 STAT. 657]]

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 construction of state veterans cemeteries

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

                        Administrative Provisions

                      (including transfer of funds)

    Sec. 101. Any appropriation for fiscal year 2002 for ``Compensation 
and pensions'', ``Readjustment benefits'', and ``Veterans insurance and 
indemnities'' may be transferred to any other of the mentioned 
appropriations.
    Sec. 102. Appropriations available to the Department of Veterans 
Affairs for fiscal year 2002 for salaries and expenses shall be 
available for services authorized by 5 U.S.C. 3109.
    Sec. 103. No appropriations in this Act for the Department of 
Veterans Affairs (except the appropriations for ``Construction, major 
projects'', ``Construction, minor projects'', and the ``Parking 
revolving fund'') shall be available for the purchase of any site for or 
toward the construction of any new hospital or home.
    Sec. 104. No appropriations in this Act for the Department of 
Veterans Affairs shall be available for hospitalization or examination 
of any persons (except beneficiaries entitled under the laws bestowing 
such benefits to veterans, and persons receiving such treatment under 5 
U.S.C. 7901-7904 or 42 U.S.C. 5141-5204), unless reimbursement of cost 
is made to the ``Medical care'' account at such rates as may be fixed by 
the Secretary of Veterans Affairs.
    Sec. 105. Appropriations available to the Department of Veterans 
Affairs for fiscal year 2002 for ``Compensation and pensions'', 
``Readjustment benefits'', and ``Veterans insurance and indemnities'' 
shall be available for payment of prior year accrued obligations 
required to be recorded by law against the corresponding prior year 
accounts within the last quarter of fiscal year 2001.
    Sec. 106. Appropriations accounts available to the Department of 
Veterans Affairs for fiscal year 2002 shall be available to pay

[[Page 115 STAT. 658]]

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. <<NOTE: 31 USC 501 note.>>  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. 109. Amounts deducted from enhanced-use lease proceeds to 
reimburse an account for expenses incurred by that account during a 
prior fiscal year for providing enhanced-use lease services, may be 
obligated during the fiscal year in which the proceeds are received.
    Sec. 110. Funds available in any Department of Veterans Affairs 
appropriation for fiscal year 2002 or funds 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 but not exceed $28,555,000 for the Office of 
Resolution Management and $2,383,000 for the Office of Employment and 
Discrimination Complaint Adjudication: Provided, That payments may be 
made in advance for services to be furnished based on estimated costs: 
Provided further, That amounts received shall be credited to ``General 
operating expenses'' for use by the office that provided the service.
    Sec. 111. <<NOTE: North Dakota. Grants.>>  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. 
This <<NOTE: Effective date. Applicability.>>  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.

[[Page 115 STAT. 659]]

          TITLE II--DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

                        Public and Indian Housing

                        housing certificate fund

              (including transfer and rescission 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, 
$16,280,975,000, of which $640,000,000 shall be from unobligated 
balances from amounts recaptured from fiscal year 2000 and prior years 
pursuant to a reduction in the amounts provided for Annual Contributions 
Contract Reserve Accounts, and amounts that are recaptured in this 
account to remain available until expended: 
Provided, <<NOTE: Deadline.>>  That not later than October 1, 2001, the 
Department of Housing and Urban Development shall reduce from 60 days to 
30 days the amount of reserve funds made available to public housing 
authorities: Provided further, That of the total amount provided under 
this heading, $16,071,975,000, of which $11,231,975,000 and the 
aforementioned recaptures 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 et seq.): 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 (42 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 second 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 (Public 
Law 104-134; Stat. 1321-269); (2) for the conversion of section 23 
projects to assistance under section 8; (3) for funds to carry out the 
family unification program; (4) for the relocation of witnesses in 
connection with efforts to combat crime in public and assisted housing 
pursuant to a request from a law enforcement or prosecution agency; (5) 
for tenant protection assistance, including replacement and relocation 
assistance; and (6) for the 1-year renewal of section 8 contracts for 
units in projects that are subject to approved plans 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, 
$143,979,000 shall be made available for incremental vouchers

[[Page 115 STAT. 660]]

under section 8 of the Act, of which $103,979,000 shall be made 
available on a fair share basis to those public housing agencies that 
have no less than a 97 percent occupancy rate; and of which $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. 13611), or the 
restriction of occupancy to elderly families in accordance with section 
658 of such Act (42 U.S.C. 13618), 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 up to $195,601,000 from amounts made available under this 
heading may be made available for contract administrators: 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, <<NOTE: 42 USC 1437f note.>>  That the fee otherwise 
authorized under section 8(q) of the Act shall be determined in 
accordance with section 8(q), as in effect immediately before the 
enactment of the Quality Housing and Work Responsibility Act of 1998: 
Provided further, That $1,200,000,000 is rescinded from unobligated 
balances remaining from funds appropriated to the Department of Housing 
and Urban Development under this heading or the heading ``Annual 
contributions for assisted housing'' or any other heading for fiscal 
year 2001 and prior years: Provided further, That any such balances 
governed by reallocation provisions under the statute authorizing the 
program for which the funds were originally appropriated shall not be 
available for this rescission: Provided further, <<NOTE: Deadline.>>  
That the Secretary shall have until September 30, 2002, to meet the 
rescission in the proviso preceding the immediately preceding proviso: 
Provided further, That any obligated 
balances of contract authority that have been terminated shall 
be canceled.

                       public housing capital fund

                      (including transfer of funds)

    For the Public Housing Capital Fund Program to carry out capital and 
management activities for public housing agencies, as authorized under 
section 9 of the United States Housing Act of 1937, as amended (42 
U.S.C. 1437g), $2,843,400,000, to remain available until September 30, 
2005: Provided, <<NOTE: Effective date. Applicability. 42 USC 1437g 
note.>>  That, hereafter, notwithstanding any other provision of law or 
any failure of the Secretary of Housing and Urban Development to issue 
regulations to carry out section 9(j) of the United States Housing Act 
of 1937 (42 U.S.C. 1437g(j)), such section is deemed to have taken 
effect on October 1, 1998, and, except as otherwise provided in this 
heading, shall apply to all assistance made available under this same 
heading on or after such date: Provided further, That of the total 
amount provided under this heading, in addition to amounts otherwise 
allocated under this heading, $550,000,000 shall be allocated for such 
capital and management activities only among public housing agencies 
that have obligated all assistance for the agency for fiscal years 1998 
and 1999 made available under this same heading in accordance with the 
requirements under paragraphs (1) and (2) of section 9(j) of such Act: 
Provided further,

[[Page 115 STAT. 661]]

That notwithstanding any other provision of law or regulation, during 
fiscal year 2002, the Secretary may not delegate to any Department 
official other than the Deputy Secretary any authority under paragraph 
(2) of such section 9(j) regarding the extension of the time periods 
under such section for obligation of amounts made available for fiscal 
year 1998, 1999, 2000, 2001, or 2002: Provided further, That 
notwithstanding the first proviso and paragraphs (3) and (5)(B) of such 
section 9(j), if at any time before the effectiveness of final 
regulations issued by the Secretary under section 6(j) of the United 
States Housing Act of 1937 (42 U.S.C. 1437d(j)) providing for assessment 
of public housing agencies and designation of high-performing agencies, 
any amounts made available under the public housing Capital Fund for 
fiscal year 1999, 2000, 2001, or 2002 remain unobligated in violation of 
paragraph (1) of such section 9(j) or unexpended in violation of 
paragraph (5)(A) of such section 9(j), the Secretary shall recapture any 
such amounts and reallocate such amounts among public housing agencies 
that, at the time of such reallocation, are not in violation of any 
requirement under paragraph (1) or (5)(A) of such section: Provided 
further, That for purposes of this heading, the term ``obligate'' means, 
with respect to amounts, that the amounts are subject to a binding 
agreement that will result in outlays immediately or in the future: 
Provided further, That of the total amount provided under this heading, 
up to $51,000,000 shall be for carrying out activities under section 
9(h) of such Act, of which up to $10,000,000 shall be for the provision 
of remediation services to public housing agencies identified as 
``troubled'' under the Section 8 Management Assessment Program: Provided 
further, That of the total amount provided under this heading, up to 
$500,000 shall be for lease adjustments to section 23 projects, and no 
less than $52,700,000 shall be transferred to the Working Capital Fund 
for the development and maintenance of information technology systems: 
Provided further, 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 provided 
under this heading, 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: Provided further, That of the 
total amount provided under this heading, $15,000,000 shall be for a 
Neighborhood Networks initiative for activities authorized in section 
9(d)(1)(E) of the United States Housing Act of 1937, as amended: 
Provided further, That notwithstanding any other provision of law, 
amounts made available in the previous proviso shall be awarded to 
public housing agencies on a competitive basis as provided in section 
102 of the Department of Housing and Urban Development Reform Act of 
1989.

                      public housing operating fund

              (including transfer and rescission of funds)

    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(e)), 
$3,494,868,000, to remain available until September 30, 2003: Provided, 
That of the total amount provided under this heading, $5,000,000 shall 
be provided to the Office of Inspector

[[Page 115 STAT. 662]]

General: Provided further, That of the total amount provided under this 
heading, $10,000,000 shall be for programs, as determined appropriate by 
the Attorney General, which assist in the investigation, prosecution, 
and prevention of violent crimes and drug offenses in public and 
federally-assisted low-income housing, including Indian housing: 
Provided further, That funds made available in the previous proviso 
shall be administered by the Department of Justice through a 
reimbursable agreement with the Department of Housing and Urban 
Development: Provided further, 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 
unobligated balances remaining from funds appropriated in fiscal year 
2001 and prior years under the heading ``Drug elimination grants for 
low-income housing'' for activities related to the Operation Safe Home 
Program, $11,000,000 is hereby rescinded.

     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 $6,250,000 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: 
Provided further, That of the total amount provided under this heading, 
$5,000,000 shall be for a Neighborhood Networks initiative for 
activities authorized in section 24(d)(1)(G) of the United States 
Housing Act of 1937, as amended: Provided further, That notwithstanding 
any other provision of law, amounts made available in the previous 
proviso shall be awarded to public housing agencies on a competitive 
basis as provided in section 102 of the Department of Housing and Urban 
Development Reform Act of 1989.

                  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) (25 U.S.C. 4111 et seq.), 
$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; of which $5,000,000 
shall be to support the inspection of Indian housing units, contract 
expertise, training, and technical assistance in the training, 
oversight, and management of Indian housing and tenant-based assistance, 
including up to $300,000 for

[[Page 115 STAT. 663]]

related travel; and of which 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 $52,726,000: Provided further, That 
the Secretary of Housing and Urban Development may provide technical and 
financial assistance to Indian tribes and their tribally-designated 
housing entities in accordance with the provisions of NAHASDA for 
emergency housing, housing assistance, and other assistance to address 
the problem of mold: 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 (12 U.S.C. 1715z-13a), 
$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-13b), 
$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.

[[Page 115 STAT. 664]]

                   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 et seq.), $277,432,000, to remain available until September 30, 
2003: Provided, That the Secretary shall renew all expiring contracts 
for permanent supportive housing 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 <<NOTE: Deadline.>>  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, <<NOTE: Grants.>>  That all grants shall be awarded on a 
competitive basis as specified in section 102 of the Department of 
Housing and Urban Development Reform Act of 1989.

                empowerment zones/enterprise communities

    For grants in connection with a second round of empowerment zones 
and enterprise communities, $45,000,000, to remain available until 
expended, for ``Urban Empowerment Zones'', as authorized in section 
1391(g) of the Internal Revenue Code of 1986 (26 U.S.C. 1391(g)), 
including $3,000,000 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, $5,000,000,000, to remain available until September 30, 
2004: Provided, That of the amount provided, $4,341,000,000 is for 
carrying out the community development block grant program under title I 
of the Housing and Community Development Act of 1974, as amended (the 
``Act'' herein) (42 U.S.C. 5301 et seq.): Provided 
further, <<NOTE: Grants.>>  That $70,000,000 shall be for grants to 
Indian tribes notwithstanding section 106(a)(1) of such Act; $3,300,000 
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; $5,000,000 shall be available as a grant to the 
National Housing Development Corporation, for operating expenses not to 
exceed $2,000,000 and for a program of affordable housing acquisition 
and rehabilitation; $5,000,000 shall be available as a grant to the 
National Council of La Raza for the HOPE Fund, of which $500,000 is for 
technical assistance

[[Page 115 STAT. 665]]

and fund management, and $4,500,000 is for investments in the HOPE Fund 
and financing to affiliated organizations; and $42,500,000 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 $9,600,000 shall be made available to 
the Department of Hawaiian Homelands to provide assistance as authorized 
under title VIII of the Native American Housing Assistance and Self-
Determination Act of 1996 (22 U.S.C. 4221 et seq.) (with no more than 5 
percent of such funds being available for administrative costs): 
Provided further, That no less than $13,800,000 shall be transferred to 
the Working Capital Fund for the development and maintenance of 
information technology systems: Provided further, <<NOTE: Grants.>>  
That $22,000,000 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 under this heading (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, $29,000,000 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 (42 
U.S.C. 9816 note), 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 $4,000,000 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, $42,000,000 shall 
be available for neighborhood initiatives that are utilized to improve 
the conditions of distressed and blighted areas and neighborhoods, to 
stimulate investment, economic diversification, and community 
revitalization in areas with population outmigration or a stagnating or 
declining economic base, or to determine whether housing benefits can be 
integrated more effectively with welfare reform initiatives: Provided, 
That these grants shall be provided in accord with the terms and 
conditions specified in the statement of managers accompanying this 
conference report.
    Of the amount made available under this heading, notwithstanding any 
other provision of law, $65,000,000 shall be available for YouthBuild 
program activities authorized by subtitle D of title

[[Page 115 STAT. 666]]

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 10 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, <<NOTE: Grants.>>  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 <<NOTE: Grants.>>  the amount made available under this heading, 
$294,200,000 shall be available for grants for the Economic Development 
Initiative (EDI) to finance a variety of targeted economic investments 
in accordance with the terms and conditions specified in the statement 
of managers accompanying this conference report.

          community development loan guarantees program account

                      (including transfer of funds)

    For the cost of guaranteed loans, $14,000,000, to remain available 
until September 30, 2003, 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, $1,846,040,000 to remain available until September 30, 2004: 
Provided, That of the total amount provided under this heading, 
$50,000,000 shall be available for the Downpayment

[[Page 115 STAT. 667]]

Assistance Initiative, subject to the enactment of subsequent 
legislation authorizing such initiative: Provided further, That should 
legislation authorizing such initiative not be enacted by June 30, 2002, 
amounts designated in the previous proviso shall become available for 
any such purpose authorized under title II of the Cranston-Gonzalez 
National Affordable Housing Act, as amended: Provided further, That of 
the total amount provided under this heading, up to $20,000,000 shall be 
available for housing counseling under section 106 of the Housing and 
Urban Development Act of 1968; and 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, 
$1,122,525,000, to remain available until September 30, 2004: Provided, 
That not less than 30 percent of funds made available, excluding amounts 
provided for renewals under the shelter plus care program, shall be used 
for permanent housing: Provided further, That all funds awarded for 
services shall be matched by 25 percent in funding by each grantee: 
Provided further, That the Secretary shall renew on an annual basis 
expiring contracts or amendments to contracts funded under the shelter 
plus care program if the program is determined to be needed under the 
applicable continuum of care and meets appropriate program requirements 
and financial standards, as determined by the Secretary: 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 $2,000,000 of the 
funds appropriated under this heading shall be available for the 
national homeless data analysis project: Provided further, That 
$6,600,000 of the funds appropriated under this heading shall be 
available for technical assistance: Provided further, That no less than 
$5,600,000 of the funds appropriated under this heading shall be 
transferred to the Working Capital Fund: Provided further, That $500,000 
shall be made available to the Interagency Council on the Homeless for 
administrative needs.

[[Page 115 STAT. 668]]

                            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, $1,024,151,000, to remain 
available until September 30, 2004: Provided, <<NOTE: Grants.>>  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 for the elderly under section 202(c)(2) of such Act, 
including amendments to contracts for such assistance and renewal of 
expiring contracts for such assistance for up to a 1-year term, and for 
supportive services associated with the housing, of which amount 
$50,000,000 shall be for service coordinators and the continuation of 
existing congregate service grants for residents of assisted housing 
projects, and of which amount $50,000,000 shall be for grants under 
section 202b of the Housing Act of 1959 (12 U.S.C. 1701q-2) for 
conversion of eligible projects under such section to assisted living or 
related use: Provided further, That of the amount under this heading, 
$240,865,000 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 
supportive housing for persons with disabilities under section 811(d)(2) 
of such Act, including amendments to contracts for such assistance and 
renewal of expiring contracts for such assistance for up to a 1-year 
term, and for supportive services associated with the housing for 
persons with disabilities as authorized by section 811(b)(1) of such 
Act, and for tenant-based rental assistance contracts entered into 
pursuant to section 811 of such Act: Provided further, That no less than 
$1,200,000, to be divided evenly between the appropriations for the 
section 202 and section 811 programs, shall be transferred to the 
Working Capital Fund for the development and maintenance of information 
technology systems: Provided further, That, in addition to amounts made 
available for renewal of tenant-based rental assistance contracts 
pursuant to the second proviso of this paragraph, the Secretary may 
designate up to 25 percent of the amounts earmarked under this paragraph 
for section 811 of such Act for tenant-based assistance, as authorized 
under that section, including such authority as may be waived under the 
next proviso, which assistance is 5 years in duration: Provided further, 
That the Secretary may waive any provision of such section 202 and such 
section 811 (including the provisions governing the terms and conditions 
of project rental assistance and tenant-based assistance) that the 
Secretary determines is not necessary to achieve the objectives of these 
programs, or that otherwise impedes the ability to develop, operate, or 
administer projects assisted under these programs, and may make 
provision for alternative conditions or terms where appropriate.

[[Page 115 STAT. 669]]

                          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

    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.), $13,566,000, to remain available until expended, 
to be derived from the Manufactured Housing Fees Trust Fund: Provided, 
That not to exceed the total 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 and 
fees pursuant to such section 620 shall be modified as necessary to 
ensure such a final fiscal year 2002 appropriation.

                     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, <<NOTE: Loans.>>  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, of which no less than 
$118,400,000 shall be transferred to the Working Capital Fund for the 
development and maintenance of information technology systems: Provided, 
That to the extent guaranteed loan commitments exceed $65,500,000,000 on 
or before April 1, 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

[[Page 115 STAT. 670]]

$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, of which no less than 
$41,000,000 shall be transferred to the Working Capital Fund for the 
development and maintenance of information technology systems: Provided, 
That to the extent guaranteed loan commitments exceed $8,426,000,000 on 
or before April 1, 2002, an additional $1,980 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.

[[Page 115 STAT. 671]]

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, $50,250,000, to remain 
available until September 30, 2003: 
Provided, <<NOTE: Reports. Deadlines. Termination dates. 42 USC 12701 
note.>>  That $1,500,000 shall be for necessary expenses of the 
Millennial Housing Commission, as authorized by section 206 of Public 
Law 106-74, with the final report due no later than May 30, 2002 and a 
termination date of August 30, 2002, notwithstanding section 206(f) and 
(g) of Public Law 106-74: Provided further, <<NOTE: 42 USC 12701 
note.>>  That $1,000,000 shall be for necessary expenses of the 
commission established under section 525 of the Preserving Affordable 
Housing for Senior Citizens and Families in the 21st Century Act, with 
the final report due no later than June 30, 2002 and a termination date 
of September 30, 2002, notwithstanding section 525(f) and (g) of Public 
Law 106-74: Provided further, That of the total amount provided under 
this heading, $8,750,000 shall be for the Partnership for Advancing 
Technology in Housing (PATH) Initiative.

                   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 
$20,250,000 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 section 1011 
of the Residential Lead-Based Paint 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

[[Page 115 STAT. 672]]

concerning lead-based paint poisoning and other housing-related diseases 
and hazards: Provided, That of the amounts provided under this heading, 
$3,500,000 shall be for a one-time grant to the National Center for 
Lead-Safe Housing.

                      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 $25,000 for official reception and 
representation expenses, $1,097,292,000, 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 loan guarantees program'' account, $150,000 shall be 
provided by transfer from the ``Native American housing block grants'' 
account, $200,000 shall be provided by transfer from the ``Indian 
housing loan guarantee fund program'' account and $35,000 shall be 
transferred from the ``Native Hawaiian housing loan guarantee fund'' 
account: Provided, That 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 2\1/2\ percent: Provided 
further, <<NOTE: Deadline.>>  That the Secretary shall submit a staffing 
plan for the Department by January 15, 2002.

                       office of inspector general

    For necessary expenses of the Office of Inspector General in 
carrying out the Inspector General Act of 1978, as amended, $93,898,000, 
of which $22,343,000 shall be provided from the various funds of the 
Federal Housing Administration and $5,000,000 shall be provided from the 
appropriation for the ``Public housing operating fund'': 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 is rescinded.

[[Page 115 STAT. 673]]

             Office of Federal Housing Enterprise Oversight

                          salaries and expenses

                      (including transfer of funds)

    For carrying out the Federal Housing Enterprises Financial Safety 
and Soundness Act of 1992, including not to exceed $500 for official 
reception and representation expenses, $27,000,000, to remain available 
until expended, to be derived from the Federal Housing Enterprises 
Oversight Fund: Provided, That not to exceed such amount shall be 
available from the general fund of the Treasury to the extent necessary 
to incur obligations and make expenditures pending the receipt of 
collections to the Fund: Provided further, That the general fund amount 
shall be reduced as 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, <<NOTE: Deadline.>>  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 Stewart B. McKinney Homeless Assistance Amendments Act of 
1988 (42 U.S.C. 1437 note) shall be rescinded, or in the case of cash, 
shall be remitted to the Treasury, and such amounts of budget authority 
or cash recaptured and not rescinded or remitted to the Treasury shall 
be used by State housing finance agencies or local governments or local 
housing agencies with projects approved by the Secretary of Housing and 
Urban Development for which settlement occurred after January 1, 1992, 
in accordance with such section. Notwithstanding the previous 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. <<NOTE: Grants. AIDS.>>  (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

[[Page 115 STAT. 674]]

        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. (a) Section 225(a) of the Departments of Veterans Affairs 
and Housing and Urban Development, and Independent Agencies 
Appropriations Act, 2000, Public Law 106-74 (113 Stat. 1076), is amended 
by inserting ``and fiscal year 2002'' after ``fiscal year 2001''.
    (b) <<NOTE: North Carolina.>>  Notwithstanding any other provision 
of law, the Secretary of Housing and Urban Development shall allocate to 
Wake County, North Carolina, the amounts that otherwise would be 
allocated for fiscal year 2002 under section 854(c) of the AIDS Housing 
Opportunity Act (42 U.S.C. 12903(c)) to the City of Raleigh, North 
Carolina, on behalf of the Raleigh-Durham-Chapel Hill, North Carolina 
Metropolitan Statistical Area. Any amounts allocated to Wake County 
shall be used to carry out eligible activities under section 855 of such 
Act (42 U.S.C. 12904) within such metropolitan statistical area.

    Sec. 205. Section 106(c)(9) of the Housing and Urban Development Act 
of 1968 (12 U.S.C. 1701x(c)(9)) is repealed.
    Sec. 206. Section 251 of the National Housing Act (12 U.S.C. 1715z-
16) 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 1 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. 207. (a) Section 203(c) of the National Housing Act (12 U.S.C. 
1709(c)) is amended--
            (1) in paragraph (1), by striking ``and (k)'' and inserting 
        ``or (k)''; and
            (2) in paragraph (2)--
                    (A) by inserting after ``subsection (v)'' the 
                following: ``and each mortgage that is insured under 
                subsection (k) or section 234(c),''; and

[[Page 115 STAT. 675]]

                    (B) by striking ``and executed on or after October 
                1, 1994,''.

    (b) <<NOTE: 12 USC 1709 note.>>  The amendments made by subsection 
(a) shall--
            (1) <<NOTE: Applicability.>>  apply only to mortgages that 
        are executed on or after the date of enactment of this Act; and
            (2) be implemented in advance of any necessary conforming 
        changes to regulations.

    Sec. 208. (a) During fiscal year 2002, in the provision of rental 
assistance under section 8(o) of the United States Housing Act of 1937 
(42 U.S.C. 1437f(o)) in connection with a program to demonstrate the 
economy and effectiveness of providing such assistance for use in 
assisted living facilities that is carried out in the counties of the 
State of Michigan specified in subsection (b) of this section, 
notwithstanding paragraphs (3) and (18)(B)(iii) of such section 8(o), a 
family residing in an assisted living facility in any such county, on 
behalf of which a public housing agency provides assistance pursuant to 
section 8(o)(18) of such Act, may be required, at the time the family 
initially receives such assistance, to pay rent in an amount exceeding 
40 percent of the monthly adjusted income of the family by such a 
percentage or amount as the Secretary of Housing and Urban Development 
determines to be appropriate.
    (b) The counties specified in this subsection are Oakland County, 
Macomb County, Wayne County, and Washtenaw County, in the State of 
Michigan.
    Sec. 209. Section 533 of the National Housing Act (12 U.S.C. 1735f-
11) 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) <<NOTE: Notice.>>  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

[[Page 115 STAT. 676]]

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. 210. Except as explicitly provided in law, any grant or 
assistance made pursuant to title II of this Act shall be made on a 
competitive basis in accordance with section 102 of the Department of 
Housing and Urban Development Reform Act of 1989.
    Sec. 211. Public housing agencies in the States of Alaska, Iowa, and 
Mississippi shall not be required to comply with section 2(b) of the 
United States Housing Act of 1937, as amended, during fiscal year 2002.
    Sec. 212. Notwithstanding any other provision of law, in fiscal year 
2002, 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. 213. (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

[[Page 115 STAT. 677]]

            (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. 214. 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, without 
fiscal year limitation.
    Sec. 215. 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

[[Page 115 STAT. 678]]

        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 
section.''.
    Sec. 216. 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. 217. 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.

                     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, 
$30,466,000, to remain available until expended.
    In addition, for the partial cost of construction of a new 
interpretive and visitor center at the American Cemetery in Normandy, 
France, $5,000,000, to remain available until expended: Provided, That 
the Commission shall ensure that the placement,

[[Page 115 STAT. 679]]

scope and character of this new center protect the solemnity of the site 
and the sensitivity of interested parties including families of 
servicemen interred at the cemetery, the host country and Allied forces 
who participated in the invasion and ensuing battle: Provided further, 
That not more than $1,000,000 shall be for non-construction related 
costs including initial consultations with interested parties and the 
conceptual study and design of the new center.

             Chemical Safety and Hazard Investigation Board

                          salaries and expenses

    For necessary expenses in carrying out activities pursuant to 
section 112(r)(6) of the Clean Air Act, as amended, 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, 
$7,850,000, $5,350,000 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, <<NOTE: Government organization. 5 USC app. 
note.>>  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, $80,000,000, 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, 
Native Hawaiian, and Alaskan Native communities, and up to $9,500,000 
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

[[Page 115 STAT. 680]]

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, $55,200,000.

             Corporation for National and Community Service

                 national and community service programs

                           operating expenses

    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.), $401,980,000, 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

[[Page 115 STAT. 681]]

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 $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: Provided 
further, That not more than $1,500,000 of the funds made available under 
this heading shall be made available to the Youth Life Foundation to 
meet the needs of children living in insecure environments.

[[Page 115 STAT. 682]]

                       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.

           United States 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, $22,537,000, to 
remain available until expended.

                 Department of Health and Human Services

                      National Institutes of Health

           national institute of environmental health sciences

    For necessary expenses for the National Institute of Environmental 
Health Sciences in carrying out activities set forth in section 311(a) 
of the Comprehensive Environmental Response, Compensation, and Liability 
Act of 1980, as amended, $70,228,000.

            Agency for Toxic Substances and Disease Registry

            toxic substances and environmental public health

    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

[[Page 115 STAT. 683]]

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, $698,089,000, 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, $2,054,511,000, 
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,

[[Page 115 STAT. 684]]

the Environmental Protection Agency, $25,318,000, to remain available 
until expended.

                      hazardous substance superfund

                     (including transfers of funds)

    For necessary expenses to carry out the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980 (CERCLA), as amended, 
including sections 111(c)(3), (c)(5), (c)(6), and (e)(4) (42 U.S.C. 
9611), and for construction, alteration, repair, rehabilitation, and 
renovation of facilities, not to exceed $75,000 per project; 
$1,270,000,000 (of which $100,000,000 shall not become available until 
September 1, 2002) to remain available until expended, consisting of 
$635,000,000, as authorized by section 517(a) of the Superfund 
Amendments and Reauthorization Act of 1986 (SARA), as amended by Public 
Law 101-508, and $635,000,000 as a payment from general revenues to the 
Hazardous Substance Superfund for purposes as authorized by section 
517(b) of SARA, as amended: Provided, That funds appropriated under this 
heading may be allocated to other Federal agencies in accordance with 
section 111(a) of CERCLA: Provided further, That of the funds 
appropriated under this heading, $11,867,000 shall be transferred to the 
``Office of Inspector General'' appropriation to remain available until 
September 30, 2003, and $36,891,000 shall be transferred to the 
``Science and technology'' appropriation to remain available until 
September 30, 2003.

                leaking underground storage tank program

    For necessary expenses to carry out leaking underground storage tank 
cleanup activities authorized by section 205 of the Superfund Amendments 
and Reauthorization Act of 1986, and for construction, alteration, 
repair, rehabilitation, and renovation of facilities, not to exceed 
$75,000 per project, $73,000,000, to remain available until expended.

                           oil spill response

    For expenses necessary to carry out the Environmental Protection 
Agency's responsibilities under the Oil Pollution Act of 1990, 
$15,000,000, to be derived from the Oil Spill Liability trust fund, to 
remain available until expended.

                   state and tribal assistance grants

    For environmental programs and infrastructure assistance, including 
capitalization grants for State revolving funds and performance 
partnership grants, $3,733,276,000, to remain available until expended, 
of which $1,350,000,000 shall be for making capitalization grants for 
the Clean Water State Revolving Funds under title VI of the Federal 
Water Pollution Control Act, as amended (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

[[Page 115 STAT. 685]]

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; $343,900,000, in addition to 
$124,725 previously appropriated under this heading in Public Law 106-
377 and $498,900 previously appropriated under this heading in Public 
Law 106-554, 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 statement of the managers accompanying this Act; and 
$1,074,376,000 shall be for grants, including associated program support 
costs, to States, federally recognized tribes, interstate agencies, 
tribal consortia, and air pollution control agencies for multi-media or 
single media pollution prevention, control and abatement and related 
activities, including activities pursuant to the provisions set forth 
under this heading in Public Law 104-134, and for making grants under 
section 103 of the Clean Air Act for particulate matter monitoring and 
data collection activities 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, <<NOTE: 42 USC 300j-12 note.>>  That for fiscal 
year 2002, State authority under section 302(a) of Public Law 104-182 
shall remain in effect: Provided further, That notwithstanding section 
603(d)(7) of the Act, the limitation on the amounts in a State water 
pollution control revolving fund that may be used by a State to 
administer the fund shall not apply to amounts included as principal in 
loans made by such fund in fiscal year 2002 and prior years where such 
amounts represent costs of administering the fund to the extent that 
such amounts are or were deemed reasonable by the Administrator, 
accounted for separately from other assets in the fund, and used for 
eligible purposes of the fund, including administration: Provided 
further, <<NOTE: 33 USC 1377 note.>>  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.

[[Page 115 STAT. 686]]

                        administrative provisions

    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.
    Section 136a-1 of title 7, U.S.C. is amended--
            (1) in subsection (i)(5)(C)(i) by striking ``$14,000,000'' 
        and inserting ``$17,000,000''; and, by striking ``each'' and 
        inserting ``2002'' after ``fiscal year'';
            (2) in subsection (i)(5)(H) by striking ``2001'' and 
        inserting ``2002'';
            (3) in subsection (i)(6) by striking ``2001'' and inserting 
        ``2002''; and
            (4) in subsection (k)(3)(A) by striking ``2001'' and 
        inserting ``2002''; and, by striking ``\1/7\'' and inserting 
        ``\1/10\''.

                    Executive Office of the President

                 office of science and technology policy

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

  council on environmental quality and office of environmental quality

    For necessary expenses to continue functions assigned to the Council 
on Environmental Quality and Office of Environmental Quality pursuant to 
the National Environmental Policy Act of 1969, the Environmental Quality 
Improvement Act of 1970, and Reorganization Plan No. 1 of 1977, and not 
to exceed $750 for official reception and representation expenses, 
$2,974,000: Provided, That notwithstanding section 202 <<NOTE: 42 USC 
4342 note.>>  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

[[Page 115 STAT. 687]]

Fund, the Savings Association Insurance Fund, and the FSLIC Resolution 
Fund.

                   Federal Emergency Management Agency

                             disaster relief

                     (including transfers 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.), 
$664,000,000, and, notwithstanding 42 U.S.C. 5203, to remain available 
until expended, of which not to exceed $2,900,000 may be transferred to 
``Emergency management planning and assistance'' for the consolidated 
emergency management performance grant program; $25,000,000 shall be 
transferred to the Flood Map Modernization Fund; $25,000,000 shall be 
transferred to ``Emergency management planning and assistance'', for 
pre-disaster mitigation activities; and $21,577,000 may be used by the 
Office of Inspector General for audits and investigations.
    In addition, for the purposes under this heading, $1,500,000,000, to 
remain available until expended: Provided, That such 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 such amount 
shall be available only to the extent that an official budget request, 
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.

[[Page 115 STAT. 688]]

                       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, <<NOTE: Government organization. 5 USC app. note.>>  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

                      (including transfer of funds)

    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, $254,623,000: 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 for project grants 
under this heading by transfer from ``Disaster relief'', shall be 
available until expended.
    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.): Provided, That up to 5 percent of this amount 
shall be transferred to ``Salaries and expenses'' for program 
administration.

                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, $140,000,000, to remain available 
until expended: Provided, That total administrative costs shall not 
exceed 3\1/2\ percent of the total appropriation.

[[Page 115 STAT. 689]]

                      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 ``2001'' and inserting ``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(a) of the Act, as amended (42 U.S.C. 4056), is amended 
by striking ``September 30, 2001'' and inserting ``December 31, 2002''.
    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. Of 
the amount provided, $2,500,000 is to be used for the purchase of flood-
prone properties in the city of Austin, Minnesota, and any cost-share is 
waived.

                     General Services Administration

                federal consumer information center fund

    For necessary expenses of the Federal Consumer 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.

[[Page 115 STAT. 690]]

              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, $6,912,400,000, 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 ``Science, 
aeronautics and technology'' in accordance with section 312(b) of the 
National Aeronautics and Space Act of 1958, as amended by Public Law 
106-377.

                   science, aeronautics and technology

                      (including transfer of funds)

    For necessary expenses, not otherwise provided for, in the conduct 
and support of science, aeronautics and technology research and 
development activities, including research, development, operations, 
support and services; maintenance; construction of facilities including 
repair, 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, $7,857,100,000, 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 ``Human space 
flight'' in accordance with section 312(b) of the National Aeronautics 
and Space Act of 1958, as amended by Public Law 106-377, except

[[Page 115 STAT. 691]]

that no funds may be transferred to the program budget element for the 
Space Station.

                       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.
    No funds in this Act or any other appropriations Act may be used to 
finalize an agreement prior to December 1, 2002 between NASA and a 
nongovernment organization to conduct research utilization and 
commercialization management activities of the International Space 
Station.

                  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.

[[Page 115 STAT. 692]]

                       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; $3,598,340,000, of which not to exceed 
$300,000,000 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 and facilities construction

    For necessary expenses for the acquisition, construction, 
commissioning, and upgrading of major research equipment, facilities, 
and other such capital assets pursuant to the National Science 
Foundation Act of 1950, as amended, including authorized travel, 
$138,800,000 to remain available until expended: 
Provided, <<NOTE: Reports. Deadline.>>  That the Director shall submit a 
report to the Committees on Appropriations by February 28, 2002 on the 
full life-cycle costs of projects funded through this account since 
fiscal year 1995.

                      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, 
$875,000,000, 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.

                          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

[[Page 115 STAT. 693]]

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), $105,000,000, 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 $750 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

[[Page 115 STAT. 694]]

performed by the Offices of Inspector General in connection with audits 
and investigations; or to payments to interagency motor pools where 
separately set forth in the budget schedules: Provided further, That if 
appropriations in titles I, II, and III exceed the amounts set forth in 
budget estimates initially submitted for such appropriations, the 
expenditures for travel may correspondingly exceed the amounts therefor 
set forth in the estimates only to the extent such an increase is 
approved by the Committees on Appropriations.
    Sec. 402. Appropriations and funds available for the administrative 
expenses of the Department of Housing and Urban Development and the 
Selective Service System shall be available in the current fiscal year 
for purchase of uniforms, or allowances therefor, as authorized by 5 
U.S.C. 5901-5902; hire of passenger motor vehicles; and services as 
authorized by 5 U.S.C. 3109.
    Sec. 403. Funds of the Department of Housing and Urban Development 
subject to the Government Corporation Control Act or section 402 of the 
Housing Act of 1950 shall be available, without regard to the 
limitations on administrative expenses, for legal services on a contract 
or fee basis, and for utilizing and making payment for services and 
facilities of the Federal National Mortgage Association, Government 
National Mortgage Association, Federal Home Loan Mortgage Corporation, 
Federal Financing Bank, Federal Reserve banks or any member thereof, 
Federal Home Loan banks, and any insured bank within the meaning of the 
Federal Deposit Insurance Corporation Act, as amended (12 U.S.C. 1811-
1831).
    Sec. 404. No part of any appropriation contained in this Act shall 
remain available for obligation beyond the current fiscal year unless 
expressly so provided herein.
    Sec. 405. No funds appropriated by this Act may be expended--
            (1) pursuant to a certification of an officer or employee of 
        the United States unless--
                    (A) such certification is accompanied by, or is part 
                of, a voucher or abstract which describes the payee or 
                payees and the items or services for which such 
                expenditure is being made; or
                    (B) the expenditure of funds pursuant to such 
                certification, and without such a voucher or abstract, 
                is specifically authorized by law; and
            (2) unless such expenditure is subject to audit by the 
        General Accounting Office or is specifically exempt by law from 
        such audit.

    Sec. 406. None of the funds provided in this Act to any department 
or agency may be expended for the transportation of any officer or 
employee of such department or agency between the domicile and the place 
of employment of the officer or employee, with the exception of an 
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 provided in this Act may be used, 
directly or through grants, to pay or to provide reimbursement

[[Page 115 STAT. 695]]

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 may 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. <<NOTE: Contracts. Public information. Records.>>  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) <<NOTE: Notice.>>  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,

[[Page 115 STAT. 696]]

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 it is made known to the 
Federal entity or official to which the funds are made available that 
the program, project, or activity is not in compliance with any Federal 
law relating to risk assessment, the protection of private property 
rights, or unfunded mandates.
    Sec. 419. Corporations and agencies of the Department of Housing and 
Urban Development which are subject to the Government Corporation 
Control Act, as amended, are hereby authorized to make such 
expenditures, within the limits of funds and borrowing authority 
available to each such corporation or agency and in accord with law, and 
to make such contracts and commitments without regard to fiscal year 
limitations as provided by section 104 of 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 or through a 
reprogramming of funds, 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. The Environmental Protection Agency may not use any of the 
funds appropriated or otherwise made available by this Act to implement 
the Registration Fee system codified at 40 Code of Federal Regulations 
Subpart U (sections 152.400 et seq.) if its authority to collect 
maintenance fees pursuant to FIFRA

[[Page 115 STAT. 697]]

section 4(i)(5) is extended for at least 1 year beyond September 30, 
2001.
    Sec. 424. Except in the case of entities that are funded solely with 
Federal funds or any natural persons that are funded under this Act, 
none of the funds in this Act shall be used for the planning or 
execution of any program to pay the expenses of, or otherwise 
compensate, non-Federal parties to lobby or litigate in respect to 
adjudicatory proceedings funded in this Act. A chief executive officer 
of any entity receiving funds under this Act shall certify that none of 
these funds have been used to engage in the lobbying of the Federal 
Government or in litigation against the United States unless authorized 
under existing law.
    Sec. 425. No part of any funds appropriated in this Act shall be 
used by an agency of the executive branch, other than for normal and 
recognized executive-legislative relationships, for publicity or 
propaganda purposes, and for the preparation, distribution or use of any 
kit, pamphlet, booklet, publication, radio, television or film 
presentation designed to support or defeat legislation pending before 
the Congress, except in presentation to the Congress itself.
    Sec. 426. None of the funds provided in title II for technical 
assistance, training, or management improvements may be obligated or 
expended unless HUD provides to the Committees on Appropriations a 
description of each proposed activity and a detailed budget estimate of 
the costs associated with each activity as part of the Budget 
Justifications. <<NOTE: Deadline.>>  For fiscal year 2002, HUD shall 
transmit this information to the Committees by January 8, 2002 for 30 
days of review.

    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. Section 104(n)(4) of the Cerro Grande Fire Assistance Act 
(Public Law 106-246) <<NOTE: 114 Stat. 589.>>  is amended by striking 
``beginning not later than the expiration of the 1-year period beginning 
on the date of the enactment of this Act.'' and inserting ``within 120 
days after the Director issues the report required by subsection (n) in 
2002 and 2003.''.

    Sec. 429. None of the funds provided by this Act may be used for the 
purpose of implementing any administrative proposal that would require 
military retirees to make an ``irrevocable choice'' for any specified 
period of time between Department of Veterans Affairs or military health 
care under the new TRICARE for Life plan authorized in the Floyd D. 
Spence National Defense Authorization Act for Fiscal Year 2001 (as 
enacted into law by Public Law 106-398).
    Sec. 430. None of the funds appropriated by this Act may be used to 
delay the national primary drinking water regulation for Arsenic 
published on January 22, 2001, in the Federal Register (66 Fed. Reg. 
pages 6976 through 7066, amending parts 141 through 142 of title 40 of 
the Code of Federal Regulations).
    Sec. 431. Subtitle B of title VI of the Robert T. Stafford Disaster 
Relief and Emergency Assistance Act (42 U.S.C. 5197-5197g) is amended by 
adding at the end the following:

[[Page 115 STAT. 698]]

``SEC. 629. <<NOTE: 42 USC 5197h note.>>  MINORITY EMERGENCY 
            PREPAREDNESS DEMONSTRATION PROGRAM.

    ``(a) In General.--The Director shall establish a minority emergency 
preparedness demonstration program to research and promote the capacity 
of minority communities to provide data, information, and awareness 
education by providing grants to or executing contracts or cooperative 
agreements with eligible nonprofit organizations to establish and 
conduct such programs.
    ``(b) Activities Supported.--An eligible nonprofit organization may 
use a grant, contract, or cooperative agreement awarded under this 
section--
            ``(1) to conduct research into the status of emergency 
        preparedness and disaster response awareness in African American 
        and Hispanic households located in urban, suburban, and rural 
        communities, particularly in those States and regions most 
        impacted by natural and manmade disasters and emergencies; and
            ``(2) to develop and promote awareness of emergency 
        preparedness education programs within minority communities, 
        including development and preparation of culturally competent 
        educational and awareness materials that can be used to 
        disseminate information to minority organizations and 
        institutions.

    ``(c) Eligible Organizations.--A nonprofit organization is eligible 
to be awarded a grant, contract, or cooperative agreement under this 
section with respect to a program if the organization is a nonprofit 
organization that is described in section 501(c)(3) of the Internal 
Revenue Code of 1986 (26 U.S.C. 501(c)(3)) and exempt from tax under 
section 501(a) of such Code, whose primary mission is to provide 
services to communities predominately populated by minority citizens, 
and that can demonstrate a partnership with a minority-owned business 
enterprise or minority business located in a HUBZone (as defined in 
section 3(p) of the Small Business Act (15 U.S.C. 632(p))) with respect 
to the program.
    ``(d) Use of Funds.--A recipient of a grant, contract, or 
cooperative agreement awarded under this section may only use the 
proceeds of the grant, contract, or agreement to--
            ``(1) acquire expert professional services necessary to 
        conduct research in communities predominately populated by 
        minority citizens, with a primary emphasis on African American 
        and Hispanic communities;
            ``(2) develop and prepare informational materials to promote 
        awareness among minority communities about emergency 
        preparedness and how to protect their households and communities 
        in advance of disasters;
            ``(3) establish consortia with minority national 
        organizations, minority institutions of higher education, and 
        faith-based institutions to disseminate information about 
        emergency preparedness to minority communities; and
            ``(4) implement a joint project with a minority serving 
        institution, including a part B institution (as defined in 
        section 322(2) of the Higher Education Act of 1965 (20 U.S.C. 
        1061(2))), an institution described in subparagraph (A), (B), or 
        (C) of section 326 of that Act (20 U.S.C. 1063b(e)(1)(A), (B), 
        or (C)), and a Hispanic-serving institution (as defined in 
        section 502(a)(5) of that Act (20 U.S.C. 1101a(a)(5))).

[[Page 115 STAT. 699]]

    ``(e) Application and Review Procedure.--To be eligible to receive a 
grant, contract, or cooperative agreement under this section, an 
organization must submit an application to the Director at such time, in 
such manner, and accompanied by such information as the Director may 
reasonably require. The Director shall establish a procedure by which to 
accept such applications.
    ``(f) Authorization of Appropriation.--There is authorized to be 
appropriated to carry out this section $1,500,000 for fiscal year 2002 
and such funds as may be necessary for fiscal years 2003 through 2007. 
Such sums shall remain available until expended.''.
    Sec. 432. None of the funds made available by this Act may be used 
to implement or enforce the requirement under section 12(c) of the 
United States Housing Act of 1937, as amended (42 U.S.C. 1437j(c)) 
relating to community service, except with respect to any resident of a 
public housing project funded with any amounts provided under section 24 
of the United States Housing Act of 1937, as amended, or any predecessor 
program for the revitalization of severely distressed public housing 
(HOPE VI).
    Sec. 433. Section 1301 of title XIII of division B of H.R. 5666, as 
enacted by section 1(a)(4) of Public Law 106-554, <<NOTE: 114 Stat. 
2763A-314.>>  is amended by striking ``facilities'' and inserting in 
lieu thereof ``facilities, including the design and construction of such 
facilities,''.

    Sec. 434. The amounts subject to the fifth proviso under the 
heading, ``Emergency Response Fund'', in Public Law 107-38, which are 
available for transfer to the Department of Housing and Urban 
Development 15 days after the Director of the Office of Management and 
Budget has submitted to the House and Senate Committees on 
Appropriations a proposed allocation and plan for use of the funds for 
the Department, may be used for purposes of ``Community Development 
Block Grants'', as authorized by title I of the Housing and Community 
Development Act of 1974, as amended: Provided, That such funds may be 
awarded to the State of New York for assistance for properties and 
businesses damaged by, and for economic revitalization related to, the 
September 11, 2001 terrorist attacks on New York City, for the affected 
area of New York City, and for reimbursement to the State and City of 
New York for expenditures incurred from the regular Community 
Development Block Grant formula allocation used to achieve these same 
purposes: Provided further, That the State of New York is authorized to 
provide such assistance to the City of New York: Provided further, That 
in administering these funds and funds under section 108 of such Act 
used for economic revitalization activities in New York City, the 
Secretary may waive, or specify alternative requirements for, any 
provision of any statute or regulation that the Secretary administers in 
connection with the obligation by the Secretary or the use by the 
recipient of these funds or guarantees (except for requirements related 
to fair housing, nondiscrimination, labor standards, and the 
environment), upon a finding that such waiver is required to facilitate 
the use of such funds or guarantees, and would not be inconsistent with 
the overall purpose of the statute or regulation: Provided further, That 
such funds shall not adversely affect the amount of any formula 
assistance received by the State of New York, New York City, or any 
categorical application for other Federal assistance: Provided 
further, <<NOTE: Federal Register, publication. Deadline.>>  That the 
Secretary shall publish in the Federal Register any waiver of any 
statute or regulation that the Secretary administers pursuant to title I 
of the

[[Page 115 STAT. 700]]

Housing and Community Development Act of 1974, as amended, no later than 
5 days before the effective date of such waiver: Provided 
further, <<NOTE: Notice. Deadline.>>  That the Secretary shall notify 
the Committees on Appropriations on the proposed allocation of any funds 
and any related waivers pursuant to this section no later than 5 days 
before such allocation.

    This Act may be cited as the ``Departments of Veterans Affairs and 
Housing and Urban Development, and Independent Agencies Appropriations 
Act, 2002''.

    Approved November 26, 2001.

LEGISLATIVE HISTORY--H.R. 2620 (S. 1216):
---------------------------------------------------------------------------

HOUSE REPORTS: No. 107-159 (Comm. on Appropriations) and 107-272 
(Comm. of Conference).
SENATE REPORTS: No. 107-43 (Comm. on Appropriations).
CONGRESSIONAL RECORD, Vol. 147 (2001):
            July 26, 27, 31, considered and passed House.
            Aug. 1, 2, considered and passed Senate, amended.
            Nov. 8, House and Senate agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 37 (2001):
            Nov. 26, Presidential statement.

                                  <all>