Title I: Department of Veterans Affairs - Makes appropriations for the Department of Veterans Affairs for: (1) the Veterans Benefits Administration for veterans' compensation and pensions, readjustment benefits, veterans' insurance and indemnities, and veterans' housing, education, and vocational rehabilitation loan accounts; (2) the Veterans Health Administration for veterans' medical care, the Medical Care Collections Fund, medical and prosthetic research, and medical administration; and (3) departmental administration, including for the National Cemetery Administration, the Office of Inspector General, construction, the parking revolving fund, and grants to States for construction of extended care facilities and cemeteries.
Sets forth authorized uses of, and limitations on, funds made available under this title.
(Sec. 111) Requires approval by the congressional appropriations committees of any new lease of real property by the Department of Veteran Affairs exceeding $300,000.
(Sec. 112) Denies availability of Department of Veterans Affairs appropriations for hospitalization or treatment of certain veterans unless they disclose current, accurate third-party reimbursement and annual income information.
(Sec. 113) Prohibits the availability of appropriations under this Act to implement certain amendments to Federal veterans law by the Department of Veterans Affairs Health Care Programs Enhancement Act of 2001 which provide for: (1) seventh priority in the patient enrollment system for certain low-income veterans; and (2) a copayment for care only 20 percent of the copayment that would otherwise be charged.
(Sec. 114) Prohibits the availability of appropriations under this Act for disability compensation claims filed after enactment of a new concurrent receipt law entitling certain veterans to be paid both veterans' disability compensation and military retired pay without regard to the prohibition on duplication of benefits or the requirement to waive a specified amount of retired pay.
(Sec. 115) Repeals Federal law establishing the Department of Veterans Affairs Health Services Improvement Fund. Transfers the remaining balance in such Fund to the Department of Veterans Affairs Medical Care Collections Fund.
(Sec. 116) Earmarks funds for information technology initiatives to support the enterprise architecture of the Department of Veterans Affairs.
(Sec. 117) Prohibits the use of funds to implement the Department of Veterans Affairs Emergency Preparedness Act of 2002 as passed by the House of Representatives on September 18, 2002.
(Sec. 118) Restricts the amount of funds to be used for security training and equipment from those made available in Medical care and the Medical care collections fund.
Title II: Department of Housing and Urban Development - Makes FY 2003 appropriations for the Department of Housing and Urban Development (HUD) for: (1) public and Indian housing; (2) the Public Housing Capital and Operating Funds; (3) revitalization of severely distressed public housing (HOPE VI); (4) Native American housing block grants; (5) Indian and Native Hawaiian housing loan guarantees; (6) housing opportunities for persons with AIDS; (7) Office of Rural Housing and Economic Development; (8) empowerment zones and enterprise communities; (9) community development block grants and loan guarantees; (10) brownfields redevelopment; (11) the HOME investment partnerships program; (12) homeless assistance grants; (13) housing for special populations; (14) flexible subsidy fund; (15) manufactured housing fees trust fund; (16) the Federal Housing Administration; (17) the Government National Mortgage Association; (18) housing policy development and research; (19) fair housing activities; (20) the Office of Lead Hazard Control; (21) management and administration; (22) the Office of Inspector General; (23) Working Capital Fund; and (24) the Office of Federal Housing Enterprise Oversight.
Rescinds specified amounts: (1) of recaptured rental housing assistance budget authority; and (2) from the consolidated fee fund.
(Sec. 202) Prohibits funds under this Act from being used during FY 2003 to investigate or prosecute under the Fair Housing Act any otherwise lawful activities aimed at achieving or preventing government or court action.
(Sec. 203) Directs the Secretary of Housing and Urban Development (Secretary) to make housing for persons with AIDS grants to any State that qualified in FY2002 but does not qualify in FY 2003 due to decreased AIDS cases in non-metropolitan areas of the State.
(Sec. 204) Amends the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 2000 to extend through FY 2003 certain housing for persons with AIDS grant allocation provisions between Philadelphia and New Jersey.
Requires: (1) the Secretary to allocate to Wake County, North Carolina, certain FY 2003 housing for persons with AIDS funds that would otherwise be allocated to Raleigh, North Carolina, on behalf of the Raleigh-Durham-Chapel Hill, North Carolina, Metropolitan Statistical Area; and (2) that the allocation be used in such Area.
(Sec. 205) Declares, with respect to FY 2003 assisted living facility section 8 rental payments, that a family residing in an assisted living facility in Oakland, Macomb, Wayne, and Washtenaw Counties, Michigan, may be required to pay rent in an amount exceeding 40 percent of its monthly adjusted gross income.
(Sec. 206) Requires HUD to grant awards on a competitive basis.
(Sec. 207) Makes HUD funds subject to the Government Corporation Control Act or other restrictions available, without regard to limitations on administrative expenses, for legal services and services and facilities of the Federal National Mortgage Association, Government National Mortgage Association, Federal Home Loan Mortgage Corporation, Federal Financing Bank, Federal Reserve banks, Federal Home Loan banks, and any insured bank within the meaning of the Federal Deposit Insurance Corporation.
(Sec. 208) Limits HUD spending to amounts set forth in budget estimates submitted to Congress.
(Sec. 209) Authorizes HUD corporations and agencies subject to the Government Corporation Control Act to make necessary FY 2003 expenditures without regard to fiscal year limitations. Limits the use of collections of these corporations and agencies (with specified exceptions) to new loan or mortgage purchase commitments only to the extent expressly provided for in this Act, unless they are in support of other forms of assistance provided in this or prior appropriations Acts.
(Sec. 210) Prohibits the obligation or expenditure by HUD of funds provided in this title for technical assistance, training, or management improvements unless HUD provides to the Committees on Appropriations a description of each proposed activity and detailed budget estimates of the costs associated with each program, project, or activity.
Title III: Independent Agencies - Makes appropriations for FY 2003 for: (1) the American Battle Monuments Commission; (2) the Chemical Safety and Hazard Investigation Board; (3) the Department of the Treasury, Community Development Financial Institutions Fund Program Account; (4) the Consumer Product Safety Commission; (5) the Corporation for National and Community Service; (6) the U.S. Court of Appeals for Veterans Claims; (7) the Department of Defense-Civil for cemeterial expenses, Army; (8) the Department of Health and Human Services, National Institute of Environmental Health Sciences; (9) the Agency for Toxic Substances and Disease Registry; (10) the Environmental Protection Agency; (11) the Hazardous Substance Superfund, including transfers of funds; (12 ) the Executive Office of the President, Office of Science and Technology Policy, the Council on Environmental Quality, and the Office of Environmental Quality; (13) the Federal Deposit Insurance Corporation, Office of Inspector General; (14) the Federal Emergency Management Agency; (15) the General Services Administration, General Citizen Information Center Fund; (16) the National Aeronautics and Space Administration (NASA); (17) the National Credit Union Administration; (18) the National Science Foundation; (19) the Neighborhood Reinvestment Corporation; and (20) the Selective Service System.
Title IV: General Provisions - Sets forth conditions and limitations on the obligation and expenditure of funds appropriated or made available under this Act.
(Sec. 409) Expresses the sense of Congress that, to the greatest extent practicable, all equipment and products purchased with funds made available in this Act should be American-made.
(Sec. 415) Encourages all Departments and agencies funded under this Act, within the limits of 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. 417) Amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act to reduce from 15 percent to 7.5 percent of the estimated aggregate amount of repair and replacement grants the total amount of contributions the President may make for hazard mitigation measures for a major disaster.
(Sec. 418) Amends the Consumer Product Safety Act to allow the Consumer Product Safety Commission to promulgate new or amended requirements for low-speed electric personal assistive mobility devices.
(Sec. 419) Amends the National Aeronautics and Space Administration Act of 1958 to: (1) establish a NASA working capital fund; (2) permit NASA to enter into enhanced-use leases of real property; and (3) authorize the NASA Administrator to convey utility systems to a municipal, private, regional, district, or cooperative utility company or other qualified entity.
(Sec. 422) Amends the National Aeronautics and Space Administration Federal Employment Reduction Assistance Act of 1996 to extend the NASA voluntary separation incentive program from FY 2002 through 2005.
(Sec. 423) Declares that amounts provided in the Department of Defense and Emergency Supplemental Appropriations for Recovery from and Response to Terrorist Acts on the United States Act, 2002 (P.L. 107-117) and subsequent appropriations Acts for the construction of emergency operations centers (or similar facilities) shall only require a 25 percent non-Federal cost share (making the mandatory Federal cost share 75 percent).
[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5605 Reported in House (RH)]
Union Calendar No. 460
107th CONGRESS
2d Session
H. R. 5605
[Report No. 107-740]
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, 2003, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
October 10, 2002
Mr. Walsh, from the Committee on Appropriations, reported the following
bill; which was committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______________________________________________________________________
A BILL
Making appropriations for the Departments of Veterans Affairs and
Housing and Urban Development, and for sundry independent agencies,
boards, commissions, corporations, and offices for the fiscal year
ending September 30, 2003, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the following sums
are appropriated, out of any money in the Treasury not otherwise
appropriated, for the Departments of Veteran Affairs and Housing and
Urban Development, and for sundry independent agencies, boards,
commissions, corporations, and offices for the fiscal year ending
September 30, 2003, 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),
$28,949,000,000 to remain available until expended: Provided, That not
to exceed $17,138,000 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
the Medical facilities revolving fund to augment the funding of
individual medical facilities for nursing home care provided to
pensioners as authorized.
readjustment benefits
For the payment of readjustment and rehabilitation benefits to or
on behalf of veterans as authorized by law (38 U.S.C. chapters 21, 30,
31, 34, 35, 36, 39, 51, 53, 55, and 61), $2,264,808,000 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, $27,530,000 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 2003, 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, $168,207,000, 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, $70,000, 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, $55,000, as authorized by 38 U.S.C.
chapter 31, as amended: Provided, That such costs, including the cost
of modifying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974, as amended: Provided further, That
funds made available under this heading are available to subsidize
gross obligations for the principal amount of direct loans not to
exceed $3,626,000.
In addition, for administrative expenses necessary to carry out the
direct loan program, $289,000, 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, $558,000,
which may be transferred to and merged with the appropriation for
General operating expenses: Provided, That no new loans in excess of
$5,000,000 may be made in fiscal year 2003.
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.,
$23,889,304,000, plus reimbursements: Provided, That of the funds made
available under this heading, $250,000,000 is for the equipment and
land and structures object classifications only, which amount shall not
become available for obligation until August 1, 2003, and shall remain
available until September 30, 2004: Provided further, That of the funds
made available under this heading, not to exceed $900,000,000 shall be
available until September 30, 2004: Provided further, That the
Secretary of Veterans Affairs shall conduct by contract a program of
recovery audits for the fee basis and other medical services contracts
with respect to payments for hospital care; and, notwithstanding 31
U.S.C. 3302(b), amounts collected, by setoff or otherwise, as the
result of such audits shall be available, without fiscal year
limitation, for the purposes for which funds are appropriated under
this heading and the purposes of paying a contractor a percent of the
amount collected as a result of an audit carried out by the contractor:
Provided further, That all amounts so collected under the preceding
proviso with respect to a designated health care region (as that term
is defined in 38 U.S.C. 1729A(d)(2)) shall be allocated, net of
payments to the contractor, to that region.
medical care collections fund
(including transfer of funds)
Amounts deposited during the current fiscal year in the Department
of Veterans Affairs Medical Care Collections Fund under section 1729A
of title 38, United States Code, shall be transferred to Medical care,
to remain available until expended.
medical and prosthetic research
(including transfer of funds)
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, 2004, $405,000,000, plus
reimbursements: Provided, That of the funds available under this
heading $5,000,000 shall be transferred to Medical care for research
oversight activities.
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, $74,716,000, 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, 2003.
Departmental Administration
general operating expenses
For necessary operating expenses of the Department of Veterans
Affairs, not otherwise provided for, including administrative 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, $1,251,418,000: 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 the Veterans Benefits Administration
shall be funded at not less than $992,100,000: 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, 2004:
Provided further, That from the funds made available under this
heading, the Veterans Benefits Administration may purchase up to two
passenger motor vehicles for use in operations of that Administration
in Manila, Philippines: Provided further, That travel expenses for this
account shall not exceed $17,082,000.
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, $133,149,000.
office of inspector general
For necessary expenses of the Office of Inspector General in
carrying out the Inspector General Act of 1978, as amended,
$61,000,000.
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, $193,740,000, to remain
available until expended, of which $5,000,000 shall be for Capital
Asset Realignment for Enhanced Services (CARES) activities; and of
which $10,000,000 shall be to make reimbursements as provided in 41
U.S.C. 612 for claims paid for contract disputes: Provided, 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, That funds provided in this appropriation for fiscal year
2003, for each approved project (except those for CARES activities
referenced above) shall be obligated: (1) by the awarding of a
construction documents contract by September 30, 2003; and (2) by the
awarding of a construction contract by September 30, 2004: Provided
further, 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 one year after substantial completion and beneficial occupancy by
the Department of Veterans Affairs of the project or any part thereof
with respect to that part only.
construction, minor projects
For constructing, altering, extending, and improving any of the
facilities under the jurisdiction or for the use of the Department of
Veterans Affairs, including planning and assessments of needs which may
lead to capital investments, architectural and engineering services,
maintenance or guarantee period services costs associated with
equipment guarantees provided under the project, services of claims
analysts, offsite utility and storm drainage system construction costs,
and site acquisition, or for any of the purposes set forth in sections
316, 2404, 2406, 8102, 8103, 8106, 8108, 8109, 8110, 8122, and 8162 of
title 38, United States Code, where the estimated cost of a project is
less than $4,000,000, $240,700,000, 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
$35,000,000 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 for:
(1) repairs to any of the nonmedical facilities under the jurisdiction
or for the use of the department which are necessary because of loss or
damage caused by any natural disaster or catastrophe; and (2) temporary
measures necessary to prevent or to minimize further loss by such
causes.
parking revolving fund
For the parking revolving fund as authorized by 38 U.S.C. 8109,
income from fees collected, to remain available until expended, which
shall be available for all authorized expenses except operations and
maintenance costs, which will be funded from Medical care.
grants for construction of state extended care facilities
For grants to assist States to acquire or construct State nursing
home and domiciliary facilities and to remodel, modify or alter
existing hospital, nursing home and domiciliary facilities in State
homes, for furnishing care to veterans as authorized by 38 U.S.C. 8131-
8137, $100,000,000, to remain available until expended.
grants for the construction of state veterans cemeteries
For grants to aid States in establishing, expanding, or improving
State veterans cemeteries as authorized by 38 U.S.C. 2408, $32,000,000,
to remain available until expended.
Administrative Provisions
(including transfer of funds)
Sec. 101. Any appropriation for fiscal year 2003 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 2003 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 2003 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 2002.
Sec. 106. Appropriations accounts available to the Department of
Veterans Affairs for fiscal year 2003 shall be available to pay prior
year obligations of corresponding prior year appropriations accounts
resulting from title X of the Competitive Equality Banking Act, Public
Law 100-86, except that if such obligations are from trust fund
accounts they shall be payable from ``Compensation and pensions''.
Sec. 107. Notwithstanding any other provision of law, during fiscal
year 2003, 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 2003 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
2003 which is properly allocable to the provision of each insurance
program and to the provision of any total disability income insurance
included in such insurance program.
Sec. 108. Notwithstanding any other provision of law, 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, 2003: 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,
2003.
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 2003 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 $29,318,000 for the Office of
Resolution Management and $3,010,000 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. No appropriations in this Act for the Department of
Veterans Affairs shall be available 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. 112. No appropriations in this Act for the Department of
Veterans Affairs shall be available for hospitalization or treatment of
any person by reason of eligibility under section 1710(a)(3) of title
38, United States Code, unless that person has disclosed to the
Secretary of Veterans Affairs, in such form as the Secretary may
require--
(1) current, accurate third-party reimbursement information
for purposes of section 1729 of such title; and
(2) annual income information for purposes of section 1722
of such title.
Sec. 113. No appropriations in this Act for the Department of
Veterans Affairs shall be available for the implementation of the
amendments made by section 202 of Public Law 107-135 (115 Stat. 2457).
Sec. 114. (a) No appropriations in this Act for the Department of
Veterans Affairs shall be available for the adjudication of any claim
for disability compensation filed after the date of the enactment of a
new concurrent receipt law by a veteran who is entitled to retired or
retainer pay based upon service in the uniformed services if the
Secretary determines that, if compensation under the claim is awarded
to the claimant, the veteran will, by reason of the new concurrent
receipt law, be entitled to payment of both compensation under the
claim and some amount of such retired pay determined without regard to
the provisions of sections 5304 and 5305 of title 38, United States
Code.
(b) For purposes of subsection (a), the term ``new concurrent
receipt law'' means a provision of law enacted after October 1, 2002,
that provides that certain veterans are entitled to be paid both
veterans' disability compensation and military retired pay (in whole or
in part) without regard to sections 5304 and 5305 of title 38, United
States Code.
Sec. 115. (a)(1) Section 1729B of title 38, United States Code, is
repealed. Any balance as of the date of the enactment of this Act in
the Department of Veterans Affairs Health Services Improvement Fund
established under such section shall be transferred to the Department
of Veterans Affairs Medical Care Collections Fund established under
section 1729A of title 38, United States Code.
(2) The table of sections at the beginning of chapter 17 of such
title is amended by striking the item relating to section 1729B.
(b) Section 1729A(b) of such title is amended--
(1) by redesignating paragraph (8) as paragraph (10); and
(2) by inserting after paragraph (7) the following new
paragraphs:
``(8) Section 8165(a) of this title.
``(9) Section 113 of the Veterans Millennium Health Care
and Benefits Act (Public Law 106-117; 38 U.S.C. 8111 note).''.
(c) Section 1722A of such title is amended--
(1) in subsection (c)--
(A) in the first sentence, by striking ``under
subsection (a)'' and inserting ``under this section'';
and
(B) by striking the second sentence; and
(2) by striking subsection (d).
(d)(1) Section 8165 of such title is amended by striking
``Department of Veterans Affairs Health Services Improvement Fund
established under section 1729B of this title'' and inserting
``Department of Veterans Affairs Medical Care Collections Fund
established under section 1729A of this title''.
(2) Section 113(b) of the Veterans Millennium Health Care and
Benefits Act (Public Law 106-117; 38 U.S.C. 8111 note) is amended by
striking ``Department of Veterans Affairs Health Services Improvement
Fund established under section 1729B of title 38, United States Code,
as added by section 202'' and inserting ``Department of Veterans
Affairs Medical Care Collections Fund established under section 1729A
of title 38, United States Code''.
Sec. 116. Of the amounts provided in this Act, $19,900,000 shall be
for information technology initiatives to support the enterprise
architecture of the Department of Veterans Affairs.
Sec. 117. None of the funds in this Act may be used to implement
the provisions of H.R. 3253 as passed by the House of Representatives
on September 18, 2002.
Sec. 118. Of the funds made available in Medical care and the
Medical care collections fund, not more than $110,000,000 may be used
for security training and equipment.
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 under the United States Housing Act
of 1937, as amended (42 U.S.C. 1437 et seq.) (``the Act'' herein), not
otherwise provided for, $16,586,987,000, and amounts that are
recaptured in this account, to remain available until expended:
Provided, That of the amounts made available under this heading,
$12,386,987,000 and the aforementioned recaptures shall be available on
October 1, 2002, and $4,200,000,000 shall be available on October 1,
2003: Provided further, That amounts made available under this heading
are provided as follows:
(1) $14,614,970,000 for expiring or terminating section 8
project-based subsidy contracts, for amendments to section 8
project-based subsidy contracts, for contracts entered into
pursuant to section 441 of the McKinney-Vento Homeless
Assistance Act, 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, and for renewals of expiring section
8 tenant-based annual contributions contracts (including
amendments and renewals of enhanced vouchers under any
provision of law authorizing such assistance under section 8(t)
of the Act (42 U.S.C. 1437f(t)): Provided, That notwithstanding
any other provision of law, the Secretary shall renew expiring
section 8 tenant-based annual contributions contracts for each
public housing agency (including agencies participating in the
Moving to Work Demonstration) based on the total number of unit
months which were under lease as reported on the most recent
end-of-year financial statement submitted by the public housing
agency to the Department, and by applying an inflation factor
based on local or regional factors to the actual per unit cost
as reported on such statement.
(2) $280,000,000 for a central fund to be allocated by the
Secretary for amendments to section 8 tenant-based annual
contributions contracts for purposes set forth in this
paragraph: Provided, That the Secretary may use amounts made
available in such fund, as necessary, for contract amendments
resulting from any change in the total number of unit months
under lease as compared to the most recent end-of-year
financial statement submitted by the public housing agency:
Provided further, That to the extent that amounts made
available in such fund are not required for purposes set forth
in the previous proviso, the Secretary may use such amounts to
make available additional assistance to a public housing agency
that has 97 percent of its total number of reserved units under
lease, if such agency can demonstrate to the satisfaction of
the Secretary that such assistance will be placed under a
section 8 housing assistance payment contract within 90 days of
such funds being provided to the agency: Provided further, That
the Secretary shall recapture amounts made available in the
previous proviso from any public housing agency if such funds
have not been placed under a section 8 housing assistance
payment contract within 180 days from the date such funds were
provided to the agency: Provided further, That in allocating
additional assistance pursuant to the previous two provisos,
not more than 10 percent of the total amount available for
allocation pursuant to the second proviso under this paragraph
may be provided to an individual public housing agency:
Provided further, That the Secretary shall provide quarterly
reports to the Committees on Appropriations of the House and
the Senate on the obligation of funds provided in this
paragraph in accordance with the directions specified in the
report accompanying this Act.
(3) $234,017,000 for section 8 rental assistance for
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), conversion
of section 23 projects to assistance under section 8, the
family unification program under section 8(x) of the Act,
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, enhanced vouchers
under any provision of law authorizing such assistance under
section 8(t) of the Act (42 U.S.C. 1437f(t)), and tenant
protection assistance, including replacement and relocation
assistance.
(4) $36,000,000 for incremental vouchers under section 8 of
the Act to 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 families, to other nonelderly disabled families.
(5) $46,000,000 for family self-sufficiency coordinators
under section 23 of the Act.
(6) not to exceed $1,177,000,000 for administrative and
other expenses of public housing agencies in administering the
section 8 tenant-based rental assistance program, of which
$50,000,000 is for such expenses associated with section 8
tenant-based assistance provided under this heading in
paragraphs (2), (3), and (4): Provided, That, notwithstanding
any other provision of law, administrative fees shall be paid
only for dwelling units covered by a section 8 housing
assistance payments contract and such fees shall be paid on a
per-unit basis at a rate that shall not exceed 10 percent of
the total monthly rental subsidy payment of such unit: Provided
further, That all amounts provided under this Act, and all
amounts previously provided, to a public housing authority
which remain available in an administrative fee reserve account
shall be only for activities related to the provision of rental
assistance under section 8: Provided further, That the
Secretary shall provide a report to the Committees on
Appropriations of the House of Representatives and the Senate
no later than February 1, 2003, on administrative costs and
other expenses associated with the section 8 tenant-based
rental assistance program in accordance with the directions
included in the report accompanying this Act.
(7) $196,000,000 for contract administrators for section 8
project-based assistance.
(8) Not less than $3,000,000 shall be transferred to the
Working Capital Fund for the development of and modifications
to information technology systems which serve activities under
``Public and Indian Housing'':
Provided further, That, hereafter, the Secretary shall require public
housing agencies to submit accounting data for funds disbursed under
this heading by source of funds: Provided further, That $1,300,000,000
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 2002 and prior years, to
be effected by the Secretary no later than September 30, 2003: Provided
further, That any obligated balances of contract authority that have
been terminated shall be cancelled.
public housing capital fund
(including transfers 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 (the ``Act''), to remain available
until September 30, 2006: Provided, 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, 1999,
2000, and 2001 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, That notwithstanding any other provision of
law or regulation, during fiscal year 2003, 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, 2002, or
2003: 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,
2002, or 2003 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
the Secretary shall issue final regulations to carry out section 9(j)
of the United States Housing Act of 1937 (42 U.S.C. 1437g(j)), not
later than May 1, 2003: 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
$11,000,000 shall be for the provision of remediation services to
public housing agencies identified as ``troubled'' under the Section 8
Management Assessment Program and for surveys used to calculate local
Fair Market Rents and assess housing conditions in connection with
rental assistance under section 8 of the Act: 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
$18,600,000 shall be transferred to the Working Capital Fund for the
development of and modifications to information technology systems
which serve programs or activities under ``Public and Indian housing'':
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 2003: Provided further, That of
the total amount provided under this heading, $15,000,000 shall be for
Neighborhood Networks grants 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: Provided further, That of the total amount provided under this
heading, $55,000,000 shall be for supportive services, service
coordinators and congregate services as authorized by section 34 of the
Act and the Native American Housing Assistance and Self-Determination
Act of 1996.
public housing operating fund
For fiscal year 2003 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)), $3,600,000,000: Provided, 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, which 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.
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, $574,000,000, to remain available until
September 30, 2004, 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.),
$649,000,000, 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
$3,000,000 shall be to support the inspection of Indian housing units,
contract expertise, training, and technical assistance in the training,
oversight, and management of Indian housing and tenant-based
assistance, including up to $300,000 for related travel; and of which
no less than $600,000 shall be transferred to the Working Capital Fund
for development of and modifications to information technology systems
which serve programs or activities under ``Public and Indian housing'':
Provided, That of the amount provided under this heading, $2,000,000
shall be made available for the cost of guaranteed notes and other
obligations, as authorized by title VI of NAHASDA: Provided further,
That such costs, including the costs of modifying such notes and other
obligations, shall be as defined in section 502 of the Congressional
Budget Act of 1974, as amended: Provided further, That these funds are
available to subsidize the total principal amount of any notes and
other obligations, any part of which is to be guaranteed, not to exceed
$16,658,000: Provided further, That for administrative expenses to
carry out the guaranteed loan program, up to $150,000 from amounts in
the first proviso, which shall be transferred to and merged with the
appropriation for ``Salaries and expenses'', to be used only for the
administrative costs of these guarantees.
indian housing loan guarantee fund program account
(including transfer of funds)
For the cost of guaranteed loans, as authorized by section 184 of
the Housing and Community Development Act of 1992 (12 U.S.C. 1715z-
13a), $5,300,000, to remain available until expended, of which $100,000
shall be for necessary expenses of the Land Title Report Commission
pursuant to section 501(a) of Public Law 106-569: 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
$197,243,000.
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 program account
(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), $1,035,000, 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 $39,712,000.
In addition, for administrative expenses to carry out the
guaranteed loan program, up to $35,000 from amounts in the first
paragraph, which shall be transferred to and merged with the
appropriation for ``Salaries and expenses'', to be used only for the
administrative costs of these guarantees.
Community Planning and Development
housing opportunities for persons with aids
For carrying out the Housing Opportunities for Persons with AIDS
program, as authorized by the AIDS Housing Opportunity Act (42 U.S.C.
12901 et seq.), $292,000,000, to remain available until September 30,
2004: 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 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,
2003, to Indian tribes, State housing finance agencies, State community
and/or economic development agencies, local rural nonprofits and
community development corporations to support innovative housing and
economic development activities in rural areas: Provided, That all
grants shall be awarded on a competitive basis as specified in section
102 of the 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, $30,000,000, to remain available until
September 30, 2005, for ``Urban Empowerment Zones'', as authorized in
section 1391(g) of the Internal Revenue Code of 1986 (26 U.S.C.
1391(g)), including $2,000,000 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,
2005: Provided, That of the amount provided, $4,577,000,000 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, That unless
explicitly provided for under this heading (except for planning grants
provided for in the third paragraph under this heading and amounts made
available in the second paragraph), not to exceed 20 percent of any
grant made with funds appropriated under this heading shall be expended
for planning and management development or administration (other than
grants made available 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): Provided further, That $70,000,000 shall be for
grants to Indian tribes notwithstanding section 106(a)(1) of such Act;
$3,300,000 shall be for a grant to the Housing Assistance Council;
$2,200,000 shall be for 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 and fund management, and $4,500,000 is for
investments in the HOPE Fund and financing to affiliated organizations;
$33,500,000 shall be for grants pursuant to section 107 of the Act;
$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; no less than $3,400,000 shall
be transferred to the Working Capital Fund for the development of and
modification to information technology systems which serve programs or
activities under ``Community planning and development''; $28,500,000
shall be for grants pursuant to the Self Help Homeownership Opportunity
Program; $29,500,000 shall be for capacity building, of which
$25,000,000 shall be 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 $4,500,000 shall be for
capacity building activities administered by Habitat for Humanity
International; $65,000,000 shall be available for YouthBuild program
activities authorized by subtitle D of title IV of the Cranston-
Gonzalez National Affordable Housing Act, as amended, and such
activities shall be an eligible activity with respect to any funds made
available under this heading: Provided, That local YouthBuild programs
that demonstrate an ability to leverage private and nonprofit funding
shall be given a priority for YouthBuild funding: Provided further,
That no more than 10 percent of any grant award under the YouthBuild
program may be used for administrative costs: Provided further, That of
the amount made available for YouthBuild not less than $10,000,000 is
for grants to establish YouthBuild programs in underserved and rural
areas and $2,000,000 is to be made available for a grant to YouthBuild
USA for capacity building for community development and affordable
housing activities as specified in section 4 of the HUD Demonstration
Act of 1993, as amended.
Of the amount made available under this heading, $23,400,000 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 accordance with the
terms and conditions specified in the report accompanying this Act.
Of the amount made available under this heading, $144,600,000 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 report accompanying this
Act.
The referenced statement of the managers under this heading in
Public Law 107-73 is deemed to be amended with respect to the amount
made available to the City of Rome, New York, by striking ``related to
the South Rome Industrial Park'' and inserting ``and building
renovations at the Rome business and tech park''.
The referenced statement of the managers under this heading in
Public Law 107-73 is deemed to be amended with respect to a grant made
available to the Community Medical Centers of Fresno, California by
striking all after ``$300,000'' and inserting ``to the City of Fresno,
California for rehabilitation of the Fresno Community Regional Medical
Center neighborhood.''.
The referenced statement of the managers under this heading in
Public Law 106-377 and 107-73 is deemed to be amended with respect to
grants made to the City of Mt. Clemens, Michigan by striking ``City of
Mt. Clemens, Michigan'' and inserting ``Mt. Clemens Community Schools
in Mt. Clemens, Michigan''.
community development loan guarantees program account
(including transfer of funds)
For the cost of guaranteed loans, $6,325,000, to remain available
until September 30, 2004, 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
$275,000,000, notwithstanding any aggregate limitation on outstanding
obligations guaranteed in section 108(k) of the Housing and Community
Development Act of 1974, as amended.
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, 2004: 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, $2,021,040,000, to remain available until September 30, 2005:
Provided, That of the total amount provided in this paragraph, up to
$25,000,000 shall be available for housing counseling under section 106
of the Housing and Urban Development Act of 1968; and no less than
$1,100,000 shall be transferred to the Working Capital Fund for the
development of, maintenance of, and modification to information
technology systems which serve programs or activities under ``Community
planning and development''.
In addition to amounts otherwise made available under this heading,
$200,000,000, to remain available until September 30, 2005, for
assistance to homebuyers as authorized under title II of the Cranston-
Gonzalez National Affordable Housing Act, as amended: Provided, That
the Secretary shall provide such assistance in accordance with a
formula to be established by the Secretary that considers a
participating jurisdiction's need for, and prior commitment to,
assistance to homebuyers.
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, $1,250,000,000, to remain available until September 30, 2005:
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 $11,000,000 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 $1,500,000 of the funds appropriated under this
heading shall be transferred to the Working Capital Fund for the
development of and modifications to information technology systems
which serve activities under ``Community planning and development'':
Provided further, That $1,500,000 shall be made available to the
Interagency Council on the Homeless for administrative needs: Provided
further, That of the total amount provided under this heading,
$10,000,000 shall be made available for a two-year demonstration
program to be conducted in consultation with the Interagency Council on
the Homeless to review and document the best practices of homeless
programs.
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, $1,100,000,000, to remain
available until September 30, 2005: Provided, That $790,903,000, plus
recaptures or cancelled commitments, 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
$30,000,000 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, $259,097,000 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 of the amount made available under this heading,
$50,000,000 shall be available to the Secretary of Housing and Urban
Development only for making grants to private nonprofit organizations
and consumer cooperatives for covering costs of architectural and
engineering work, site control, and other planning relating to the
development of supportive housing for the elderly that is eligible for
assistance under section 202 of the Housing Act of 1959 (12 U.S.C.
1701q): Provided further, That amounts made available in the previous
proviso shall be awarded on a competitive basis as provided in section
102 of the Department of Housing and Urban Development Reform Act of
1989: Provided further, That the Secretary shall provide a report to
the Committees on Appropriations of the House and Senate not later than
March 1, 2003, in accordance with the direction included in the report
accompanying this Act: Provided further, That no less than $500,000, 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 of and modifications to information technology
systems which serve activities under ``Housing programs'' or ``Federal
housing administration'': 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 all balances and recaptures, as of October 1,
2002, remaining in the ``Congregate housing services'' account as
authorized by the Housing and Community Development Amendments of 1978,
as amended, shall be transferred to and merged with the amounts for
those purposes under this heading.
flexible subsidy fund
(transfer of funds)
From the Rental Housing Assistance Fund, all uncommitted balances
of excess rental charges as of September 30, 2002, and any collections
made during fiscal year 2003, shall be transferred to the Flexible
Subsidy Fund, as authorized by section 236(g) of the National Housing
Act, as amended.
rental housing assistance
(rescission)
Up to $100,000,000 of recaptured section 236 budget authority
resulting from prepayment of mortgages subsidized under section 236 of
the National Housing Act (12 U.S.C. 1715z-1) shall be rescinded in
fiscal year 2003: Provided, That the limitation otherwise applicable to
the maximum payments that may be required in any fiscal year by all
contracts entered into under section 236 is reduced in fiscal year 2003
by not more than $100,000,000 in uncommitted balances of authorizations
of contract authority provided for this purpose in appropriations Acts.
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.), $13,000,000, 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 2003 so as to result in a final fiscal year 2003
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 2003 appropriation.
Federal Housing Administration
mutual mortgage insurance program account
(including transfers of funds)
During fiscal year 2003, 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 $165,000,000,000.
During fiscal year 2003, obligations to make direct loans to carry
out the purposes of section 204(g) of the National Housing Act, as
amended, shall not exceed $50,000,000: Provided, That the foregoing
amount shall be for loans to nonprofit and governmental entities in
connection with sales of single family real properties owned by the
Secretary and formerly insured under the Mutual Mortgage Insurance
Fund.
For administrative expenses necessary to carry out the guaranteed
and direct loan program, $347,829,000, of which not to exceed
$343,807,000 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, $85,720,000, of which no less than
$21,360,000 shall be transferred to the Working Capital Fund for the
development of and modifications to information technology systems
which serve programs or activities under ``Housing programs'' or
``Federal housing administration'': Provided, That to the extent
guaranteed loan commitments exceed $65,500,000,000 on or before April
1, 2003, an additional $1,400 for administrative contract expenses
shall be available for each $1,000,000 in additional guaranteed loan
commitments (including a pro rata amount for any amount below
$1,000,000), but in no case shall funds made available by this proviso
exceed $16,000,000.
general and special risk program account
(including transfers of funds)
For the cost of guaranteed loans, as authorized by sections 238 and
519 of the National Housing Act (12 U.S.C. 1715z-3 and 1735c),
including the cost of loan guarantee modifications, as that term is
defined in section 502 of the Congressional Budget Act of 1974, as
amended, $15,000,000, to remain available until expended: Provided,
That these funds are available to subsidize total loan principal, any
part of which is to be guaranteed, of up to $23,000,000,000.
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, $223,716,000, of which
$204,395,000, shall be transferred to the appropriation for ``Salaries
and expenses''; and of which $19,321,000 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, $93,780,000, of
which no less than $14,240,000 shall be transferred to the Working
Capital Fund for the development of and modifications to information
technology systems which serve activities under ``Housing programs'' or
``Federal housing administration'': Provided, That to the extent
guaranteed loan commitments exceed $8,426,000,000 on or before April 1,
2003, 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
guarantees of mortgage-backed securities loan guarantee program account
(including transfer of funds)
New commitments to issue guarantees to carry out the purposes of
section 306 of the National Housing Act, as amended (12 U.S.C.
1721(g)), shall not exceed $200,000,000,000, to remain available until
September 30, 2004.
For administrative expenses necessary to carry out the guaranteed
mortgage-backed securities program, $10,343,000, to be derived from the
GNMA guarantees of mortgage-backed securities guaranteed loan receipt
account, of which not to exceed $10,343,000, 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, $47,000,000, to remain
available until September 30, 2004: Provided, That of the total amount
provided under this heading, $7,000,000 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, 2004, 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,
$126,000,000, to remain available until September 30, 2004, of which
$10,000,000 shall be for the Healthy Homes Initiative, pursuant to
sections 501 and 502 of the Housing and Urban Development Act of 1970
that shall include research, studies, testing, and demonstration
efforts, including education and outreach concerning lead-based paint
poisoning and other housing-related diseases and hazards.
Management and Administration
salaries and expenses
(including transfer of funds)
For necessary administrative and non-administrative expenses of the
Department of Housing and Urban Development, not otherwise provided
for, including purchase of uniforms, or allowances therefor, as
authorized by 5 U.S.C. 5901-5902; hire of passenger motor vehicles;
services as authorized by 5 U.S.C. 3109; and not to exceed $25,000 for
official reception and representation expenses, $1,090,229,000, of
which $20,000,000 shall remain available until September 30, 2004, for
funds control improvements; and of which $548,202,000 shall be provided
from the various funds of the Federal Housing Administration,
$10,343,000 shall be provided from funds of the Government National
Mortgage Association, $1,000,000 shall be provided from the ``Community
development loan guarantees program'' account, $150,000 shall be
provided by transfer from the ``Native American housing block grants''
account, $200,000 shall be provided by transfer from the ``Indian
housing loan guarantee fund program'' account and $35,000 shall be
transferred from the ``Native Hawaiian housing loan guarantee fund''
account: Provided, That funds made available under this heading shall
only be allocated in the manner specified in the report accompanying
this Act unless the Committees on Appropriations of both the House of
Representatives and the Senate are notified of any changes in an
operating plan or reprogramming: Provided further, That no less than
$10,500,000 shall be transferred to the Working Capital Fund for the
development of and modifications to information technology systems:
Provided further, That of the total amount made available under this
heading, not less than $21,000,000 is to be made available to the Chief
Financial Officer exclusively for activities to implement appropriate
funds control systems, including improvements in automated financial
management systems, additional training of departmental employees in
proper fund control procedures, and establishment of a division of
appropriations law within the Office of the Chief Financial Officer:
Provided further, That the Chief Financial Officer shall submit a
revised departmental funds control handbook to the Committees on
Appropriations of the House and Senate no later than 30 days after
enactment of this Act: Provided further, That no official or employee
of the Department shall be designated as an allotment holder unless the
Office of the Chief Financial Officer (OCFO) has determined that such
allotment holder has implemented an adequate system of funds control
and has received training in funds control procedures and directives:
Provided further, That the Secretary shall, within 30 days of enactment
of this Act, permanently transfer no fewer than four appropriations law
attorneys from the Legislative Division of the Office of Legislation
and Regulations, Office of General Counsel to the OCFO: Provided
further, That personnel transferred pursuant to the previous proviso
shall report directly to the Chief Financial Officer: Provided further,
That, notwithstanding any other provision of law, hereafter, the Chief
Financial Officer of the Department of Housing and Urban Development
shall, in consultation with the Budget Officer, have sole authority to
investigate potential or actual violations under the Anti-Deficiency
Act (31 U.S.C. 1341 et seq.) and all other statutes and regulations
related to the obligation and expenditure of funds made available in
this, or any other Act; shall determine whether violations exist; and
shall submit final reports on violations to the Secretary, the
President, the Office of Management and Budget and the Congress in
accordance with applicable statutes and Office of Management and Budget
circulars: Provided further, That the Chief Financial Officer shall
establish positive control of and maintain adequate systems of
accounting for appropriations and other available funds as required by
31 U.S.C. 1514: Provided further, That for the purpose of determining
whether a violation exists under the Anti-Deficiency Act (31 U.S.C.
1341 et seq.), the point of obligation shall be the executed agreement
or contract: Provided further, That the Chief Financial Officer shall:
(a) appoint qualified personnel to conduct investigations of potential
or actual violations; (b) establish minimum training requirements and
other qualifications for personnel that may be appointed to conduct
investigations; (c) establish guidelines and timeframes for the conduct
and completion of investigations; (d) prescribe the content, format and
other requirements for the submission of final reports on violations;
and (e) prescribe such additional policies and procedures as may be
required for conducting investigations of, and administering,
processing, and reporting on, potential and actual violations of the
Anti-Deficiency Act and all other statutes and regulations governing
the obligation and expenditure of funds made available in this or any
other Act: Provided further, That the Secretary shall fill 7 out of 10
vacancies at the GS-14 and GS-15 levels until the total number of GS-14
and GS-15 positions in the Department has been reduced from the number
of GS-14 and GS-15 positions on the date of enactment of Public Law
106-377 by 2\1/2\ percent: Provided further, That the Secretary shall
submit a staffing plan for the Department by January 15, 2003.
working capital fund
For additional capital for the Working Capitol Fund (42 U.S.C.
3535) for the development of, modifications to, and infrastructure for
Department-wide information technology systems, and for the continuing
operation of both Department-wide and program-specific information
systems, $276,300,000, to remain available until September 30, 2004:
Provided, That any amounts transferred to this Fund under this Act
shall remain available until expended: Provided further, That none of
the funds made available to the Department in this Act, or any other
Act, may be used to award a new contract for the HUD Information
Technology Services (HITS) project until 90 days after the Department
has submitted to the Committees on Appropriations of the House of
Representatives and the Senate a comprehensive five-year information
technology plan in accordance with the direction included in the report
accompanying this Act.
office of inspector general
(including transfer of funds)
For necessary expenses of the Office of Inspector General in
carrying out the Inspector General Act of 1978, as amended,
$96,684,000, of which $23,343,000 shall be provided from the various
funds of the Federal Housing Administration: Provided, That the
Inspector General shall have independent authority over all personnel
issues within: Provided further, That no less than $300,000 shall be
transferred to the Working Capital Fund for the development of and
modifications to information technology systems for the Office of
Inspector General.
consolidated fee fund
(rescission)
All unobligated balances remaining available from fees and charges
under section 7(j) of the Department of Housing and Urban Development
Act on October 1, 2002 are rescinded.
Office of Federal Housing Enterprise Oversight
salaries and expenses
(including transfer of funds)
For carrying out the Federal Housing Enterprises Financial Safety
and Soundness Act of 1992, including not to exceed $500 for official
reception and representation expenses, $30,000,000, to remain available
until expended, to be derived from the Federal Housing Enterprises
Oversight Fund: Provided, That not to exceed such amount shall be
available from the general fund of the Treasury to the extent necessary
to incur obligations and make expenditures pending the receipt of
collections to the Fund: Provided further, That the general fund amount
shall be reduced as collections are received during the fiscal year so
as to result in a final appropriation from the general fund estimated
at not more than $0: Provided further, That this Office shall submit a
staffing plan to the House and Senate Committees on Appropriations no
later than January 30, 2003.
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 2003 to investigate or prosecute under the Fair
Housing Act any otherwise lawful activity engaged in by one or more
persons, including the filing or maintaining of a non-frivolous legal
action, that is engaged in solely for the purpose of achieving or
preventing action by a Government official or entity, or a court of
competent jurisdiction.
Sec. 203. (a) Notwithstanding section 854(c)(1)(A) of the AIDS
Housing Opportunity Act (42 U.S.C. 12903(c)(1)(A)), from any amounts
made available under this title for fiscal year 2003 that are allocated
under such section, the Secretary of Housing and Urban Development
shall allocate and make a grant, in the amount determined under
subsection (b), for any State that--
(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 2003 under such clause (ii) because the areas in the State
outside of the metropolitan statistical areas that qualify
under clause (i) in fiscal year 2003 do not have the number of
cases of acquired immunodeficiency syndrome (AIDS) required
under such clause.
(b) The amount of the allocation and grant for any State described
in subsection (a) shall be an amount based on the cumulative number of
AIDS cases in the areas of that State that are outside of metropolitan
statistical areas that qualify under clause (i) of such section
854(c)(1)(A) in fiscal year 2003, 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 striking ``year 2000, and the amounts that would otherwise
be allocated for fiscal year 2001 and fiscal year 2002'', and inserting
``years 2000, 2001, 2002, and 2003''.
(b) 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
2003 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. (a) During fiscal year 2003, 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. 206. 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. 207. 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. 208. 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 program,
project or activity in excess of amounts set forth in the budget
estimates submitted to Congress.
Sec. 209. 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 accordance 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
2003 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. 210. None of the funds provided in this title 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 program, project or activity as part of
the Budget Justifications. For fiscal year 2003, HUD shall transmit
this information to the Committees by January 15, 2003 for 30 days of
review.
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,
$35,246,000, to remain available until expended.
Chemical Safety and Hazard Investigation Board
salaries and expenses
For necessary expenses in carrying out activities pursuant to
section 112(r)(6) of the Clean Air Act, 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,
$6,500,000, $4,000,000 of which is to remain available until September
30, 2003 and $2,500,000 is to remain available until September 30,
2004: Provided, That the Chemical Safety and Hazard Investigation Board
shall have not more than three career Senior Executive Service
positions.
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, 2004, of which $2,000,000 shall be for financial
assistance, technical assistance, and training programs designed to
benefit Native American, Native Hawaiian, and Alaska Native
communities, up to $11,005,000 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 $250,000
may be used for administrative expenses to carry out the direct loan
program: Provided, That the cost of direct loans, including the cost of
modifying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974, as amended: Provided further, That
these funds are available to subsidize gross obligations for the
principal amount of direct loans not to exceed $11,000,000.
Consumer Product Safety Commission
salaries and expenses
For necessary expenses of the Consumer Product Safety Commission,
including hire of passenger motor vehicles, services as authorized by 5
U.S.C. 3109, but at rates for individuals not to exceed the per diem
rate equivalent to the maximum rate payable under 5 U.S.C. 5376,
purchase of nominal awards to recognize non-Federal officials'
contributions to Commission activities, and not to exceed $500 for
official reception and representation expenses, $57,117,000.
Corporation for National and Community Service
national and community service programs operating expenses
Of the funds appropriated under this heading in Public Law 107-73,
the Corporation for National and Community Service shall use such
amounts of such funds as may be necessary to carry out the orderly
termination of the programs, activities, and initiatives under the
National Community Service Act of 1990 (Public Law 103-82) and the
Corporation: Provided, That such sums shall be utilized to resolve all
responsibilities and obligations in connection with said Corporation.
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, 2004.
administrative provision
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.
U.S. Court of Appeals for Veterans Claims
salaries and expenses
For necessary expenses for the operation of the United States Court
of Appeals for Veterans Claims as authorized by 38 U.S.C. 7251-7298,
$14,326,000 of which $1,045,000 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, $32,445,000, 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, and section 126(g) of the Superfund
Amendments and Reauthorization Act of 1986, $84,074,000.
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, $88,688,000, to be derived from
the Hazardous Substance Superfund Trust Fund pursuant to section 517(a)
of SARA (26 U.S.C. 9507): Provided, That notwithstanding any other
provision of law, in lieu of performing a health assessment under
section 104(i)(6) of CERCLA, the Administrator of ATSDR may conduct
other appropriate health studies, evaluations, or activities,
including, without limitation, biomedical testing, clinical
evaluations, medical monitoring, and referral to accredited health care
providers: Provided further, That in performing any such health
assessment or health study, evaluation, or activity, the Administrator
of ATSDR shall not be bound by the deadlines in section 104(i)(6)(A) of
CERCLA: Provided further, That none of the funds appropriated under
this heading shall be available for ATSDR to issue in excess of 40
toxicological profiles pursuant to section 104(i) of CERCLA during
fiscal year 2003, 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,
$714,578,000, which shall remain available until September 30, 2004:
Provided, That the Office of Research and Development of the
Environmental Protection Agency may hereafter contract directly with
individuals or indirectly with institutions or nonprofit organizations,
without regard to 41 U.S.C. 5, for the temporary or intermittent
services of students or recent graduates, who shall be considered
employees for the purposes of chapters 57 and 81 of title 5, United
States Code, relating to tort claims, but shall not be considered to be
Federal employees for any other purposes.
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
$19,000 for official reception and representation expenses,
$2,111,677,000, which shall remain available until September 30, 2004,
including administrative costs of the brownfields program under the
Small Business Liability Relief and Brownfields Revitalization Act of
2002: Provided, That notwithstanding any other provision of law, the
Administrator of the Environmental Protection Agency shall certify
grant amendments for grant numbers C-340461-02 and C-340461-03.
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,
$35,325,000, to remain available until September 30, 2004: Provided,
That the Inspector General of the Environmental Protection Agency shall
prepare and submit to the Committees on Appropriations of the House of
Representatives and the Senate an audit management plan and the
personnel requirements which will enhance the expertise and maximize
the efficiencies of the Office of the Inspector General.
buildings and facilities
For construction, repair, improvement, extension, alteration, and
purchase of fixed equipment or facilities of, or for use by, the
Environmental Protection Agency, $42,918,000, to remain available until
expended.
Hazardous Substance Superfund
(including transfer of funds)
For necessary expenses to carry out the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (CERCLA), as amended,
including sections 111(c)(3), (c)(5), (c)(6), and (e)(4) (42 U.S.C.
9611), and for construction, alteration, repair, rehabilitation, and
renovation of facilities, not to exceed $75,000 per project;
$1,422,888,000, to remain available until expended, consisting of
$711,444,000, as authorized by section 517(a) of the Superfund
Amendments and Reauthorization Act of 1986 (SARA), as amended by Public
Law 101-508, and $711,444,000 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, $12,742,000 shall be transferred to
the ``Office of Inspector General'' appropriation to remain available
until September 30, 2004, and $86,168,000 shall be transferred to the
``Science and technology'' appropriation to remain available until
September 30, 2004.
leaking underground storage tank program
For necessary expenses to carry out leaking underground storage
tank cleanup activities authorized by section 205 of the Superfund
Amendments and Reauthorization Act of 1986, and for construction,
alteration, repair, rehabilitation, and renovation of facilities, not
to exceed $75,000 per project, $72,313,000, 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,
$15,581,000, 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, $3,789,185,000, to remain available until expended,
of which $1,300,000,000 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''), of which
$75,000,000 shall only be available for interest free loans as
authorized by 33 U.S.C. 1383 (d)(1)(A) to municipal, inter-municipal,
interstate, or State agencies or nonprofit entities for projects that
provide treatment for or that minimize sewage or stormwater discharges
using one or more approaches which include, but are not limited to,
decentralized or distributed stormwater controls, decentralized
wastewater treatment, low-impact development practices, conservation
easements, stream buffers, or wetlands restoration; $850,000,000 shall
be for capitalization grants for the Drinking Water State Revolving
Funds under section 1452 of the Safe Drinking Water Act, as amended,
except that, notwithstanding section 1452(n) of the Safe Drinking Water
Act, as amended, none of the funds made available under this heading in
this Act, or in previous appropriations Acts, shall be reserved by the
Administrator for health effects studies on drinking water
contaminants; $75,000,000 shall be for architectural, engineering,
planning, design, construction and related activities in connection
with the construction of high priority water and wastewater facilities
in the area of the United States-Mexico Border, after consultation with
the appropriate border commission; $35,000,000 shall be for grants to
the State of Alaska to address drinking water and wastewater
infrastructure needs of rural and Alaska Native Villages; $227,578,000
shall be for making grants for the construction of drinking water,
wastewater and storm water infrastructure and for water quality
protection in accordance with the terms and conditions specified for
such grants in the report accompanying this Act; $8,225,000 for grants
for construction of alternative decentralized wastewater facilities
under the National Decentralized Wastewater Demonstration program, in
accordance with the terms and conditions specified in the report
accompanying this legislation; $120,500,000 shall be to carry out
section 104(k) of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (CERCLA), as amended, including
grants, interagency agreements, and associated program support costs;
and $1,172,882,000 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 subject to terms and
conditions specified by the Administrator, of which $50,000,000 shall
be for carrying out section 128 of CERCLA, as amended, and $24,999,900
shall be for Environmental Information Exchange Network grants,
including associated program support costs: Provided, That for fiscal
year 2003, 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 2003 and prior years where such
amounts represent costs of administering the fund to the extent that
such amounts are or were deemed reasonable by the Administrator,
accounted for separately from other assets in the fund, and used for
eligible purposes of the fund, including administration: Provided
further, That for fiscal year 2003, and notwithstanding section 518(f)
of the Act, 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 sections 319(h) and 518(e) of that
Act: Provided further, That for fiscal year 2003, 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: Provided further,
That the referenced statements of the managers under this heading in
Public Laws 105-276, 106-74, and 106-377 are deemed to be amended by
striking everything after ``Creek'' in reference to item numbers 27,
38, and 59, respectively, and inserting, ``and the Upper Ocmulgee River
Watersheds, Georgia'': Provided further, That the referenced statement
of the managers under this heading in Public Law 107-73 is deemed to be
amended by striking the word ``wastewater'' in reference to item number
205 and inserting the word ``water''.
administrative provisions
For fiscal year 2003, 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 ``$17,000,000''
and inserting ``$20,000,000''; and, by striking ``each'' and
inserting ``2003'' after ``fiscal year'';
(2) in subsection (i)(5)(H) by striking ``2002'' and
inserting ``2003'';
(3) in subsection (i)(6) by striking ``2002'' and inserting
``2003''; and
(4) in subsection (k)(3)(A) by striking ``2002'' and
inserting ``2003''; and, by striking ``\1/7\'' and inserting
``\1/10\''.
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.
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 section 4(i)(5) is extended for at
least 1 year beyond September 30, 2002.
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, $5,750,000.
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, $3,031,000: Provided, That notwithstanding
section 202 of the National Environmental Policy Act of 1970, the
Council shall consist of one member, appointed by the President, by and
with the advice and consent of the Senate, serving as chairman and
exercising all powers, functions, and duties of the Council.
Federal Deposit Insurance Corporation
office of inspector general
(including transfer of funds)
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978, as
amended, $30,848,000, to be derived from the Bank Insurance Fund, the
Savings Association Insurance Fund, and the FSLIC Resolution Fund.
Federal Emergency Management Agency
disaster relief
(including transfer of funds)
For necessary expenses in carrying out the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.),
$1,820,000,000, and, notwithstanding 42 U.S.C. 5203, to remain
available until expended, of which not to exceed $2,900,000 may be
transferred to ``Emergency management planning and assistance'' for the
consolidated emergency management performance grant program; and not to
exceed $21,577,000 may be transferred to the Office of Inspector
General for audits and investigations: Provided, That notwithstanding
any other provision of law, for disaster declaration FEMA-1379-DR and
hereafter, the Texas Medical Center is to be considered for FEMA Public
Assistance and Hazard Mitigation grants as if it were an eligible
applicant.
national pre-disaster mitigation fund
For a pre-disaster mitigation grant program pursuant to 42 U.S.C.
5131 et seq., $250,000,000, to remain available until expended:
Provided, That grants shall be awarded on a competitive basis subject
to the criteria in 42 U.S.C. 5133(g): Provided further, That
notwithstanding 42 U.S.C. 5133(f), grant awards shall be made without
reference to State allocations, quotas, or other formula-based
allocations of funds.
disaster assistance direct loan program account
For direct loans, as authorized by section 319 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act: Provided, That
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, $557,000.
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, $250,690,000.
office of inspector general
For necessary expenses of the Office of Inspector General in
carrying out the Inspector General Act of 1978, as amended,
$11,549,000: Provided, That notwithstanding any other provision of law,
the Inspector General of the Federal Emergency Management Agency shall
hereafter also serve as the Inspector General of the Chemical Safety
and Hazard Investigation Board.
emergency management planning and assistance
For necessary expenses, not otherwise provided for, to carry out
activities under the National Flood Insurance Act of 1968, as amended,
and the Flood Disaster Protection Act of 1973, as amended (42 U.S.C.
4001 et seq.), the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.), the Earthquake Hazards
Reduction Act of 1977, as amended (42 U.S.C. 7701 et seq.), the Federal
Fire Prevention and Control Act of 1974, as amended (15 U.S.C. 2201 et
seq.), the Defense Production Act of 1950, as amended (50 U.S.C. App.
2061 et seq.), sections 107 and 303 of the National Security Act of
1947, as amended (50 U.S.C. 404-405), and Reorganization Plan No. 3 of
1978, $367,040,000.
firefighter assistance grants
(including transfer of funds)
For necessary expenses, not otherwise provided for, 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.), $450,000,000 to remain
available through September 30, 2004: 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 2003, 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, 2003, 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, $153,000,000, to remain
available until expended: Provided, That total administrative costs
shall not exceed 3\1/2\ percent of the total appropriation.
flood map modernization fund
For necessary expenses pursuant to section 1360 of the National
Flood Insurance Act of 1968, $200,000,000, and such additional sums as
may be provided by State and local governments or other political
subdivisions for cost-shared mapping activities under section
1360(f)(2), to remain available until expended.
national flood insurance fund
(including transfer of funds)
For activities under the National Flood Insurance Act of 1968
(``Act'') and the Flood Disaster Protection Act of 1973, as amended,
not to exceed $32,393,000 for salaries and expenses associated with
flood mitigation and flood insurance operations, and not to exceed
$77,666,000 for flood mitigation, to remain available until September
30, 2004, 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, 2004, and which
amounts shall be derived from offsetting collections assessed and
collected pursuant to 42 U.S.C. 4014, and shall be retained and used
for necessary expenses under this heading: Provided, That beginning in
fiscal year 2003 and thereafter, fees authorized in 42 U.S.C.
4014(a)(1)(B)(iii) shall be collected only if provided in advance in
appropriations acts. In fiscal year 2003, no funds in excess of: (1)
$55,000,000 for operating expenses; (2) $529,380,000 for agents'
commissions and taxes; and (3) $40,000,000 for interest on Treasury
borrowings shall be available from the National Flood Insurance Fund
without prior notice to the Committees on Appropriations.
Section 1309(a)(2) of the Act (42 U.S.C. 4016(a)(2)), as amended,
is further amended by striking ``2002'' and inserting ``2004''.
Section 1319 of the Act, as amended (42 U.S.C. 4026), is amended by
striking ``December 31, 2002'' and inserting ``December 31, 2004''.
Section 1336(a) of the Act, as amended (42 U.S.C. 4056), is amended
by striking ``December 31, 2002'' and inserting ``December 31, 2004''.
Section 1376(c) of the Act, as amended (42 U.S.C. 4127(c)), is
amended by striking ``December 31, 2002'' and inserting ``December 31,
2004''.
national flood mitigation fund
(including transfer of funds)
Notwithstanding sections 1366(b)(3)(B)-(C) and 1366(f) of the
National Flood Insurance Act of 1968, as amended, $20,000,000, to
remain available until September 30, 2004, 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.
administrative provision
FEMA is hereby directed to recognize that a hospital building has
met the ``immediate occupancy'' requirements of the Seismic Hazard
Mitigation Program for Hospitals (SHMPH) if such building is approved
by California's Office of Statewide Health Planning and Development
(OSHPD) for occupancy until 2030 or beyond under the Alfred E. Alquist
Hospital Facilities Seismic Safety Act of 1983 now in effect.
Notwithstanding any other provision of law, funds appropriated to
the Federal Emergency Management Agency for disaster relief for the
terrorist attacks of September 11, 2001, in Public Law 107-117 shall be
used to provide funds to the City of New York and State of New York for
costs unreimbursable under the Stafford Act: Provided, That this
assistance shall not exceed $650,000,000 for the City of New York and
$330,000,000 for the State of New York.
General Services Administration
federal citizen information center fund
For necessary expenses of the Federal Consumer Information Center,
including services authorized by 5 U.S.C. 3109, $11,541,000, 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 $18,000,000.
Appropriations, revenues, and collections accruing to this Fund during
fiscal year 2003 in excess of $18,000,000 shall remain in the Fund and
shall not be available for expenditure except as authorized in
appropriations Acts.
National Aeronautics and Space Administration
human space flight
(including transfer of funds)
For necessary expenses, not otherwise provided for, in the conduct
and support of human space flight research and development activities,
including research, development, operations, support and services;
maintenance; construction of facilities including repair,
rehabilitation, revitalization and modification of facilities,
construction of new facilities and additions to existing facilities,
facility planning and design, environmental compliance and restoration,
and acquisition or condemnation of real property, as authorized by law;
space flight, spacecraft control and communications activities
including operations, production, and services; program management;
personnel and related costs, including uniforms or allowances therefor,
as authorized by 5 U.S.C. 5901-5902; travel expenses; purchase and hire
of passenger motor vehicles; not to exceed $24,000 for official
reception and representation expenses; and purchase, lease, charter,
maintenance and operation of mission and administrative aircraft,
$6,130,900,000, to remain available until September 30, 2004, 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 $24,000 for official
reception and representation expenses; and purchase, lease, charter,
maintenance and operation of mission and administrative aircraft,
$9,144,500,000 to remain available until September 30, 2004, 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.
office of inspector general
For necessary expenses of the Office of Inspector General in
carrying out the Inspector General Act of 1978, as amended,
$24,600,000.
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,
2005.
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, 2003 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, 2003 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
During fiscal year 2003, 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 in fiscal year 2003 shall not exceed $309,000.
community development revolving loan fund
For the Community Development Revolving Loan Fund program as
authorized by 42 U.S.C. 9812, 9822 and 9910, $1,000,000 shall be
available: Provided, That of this amount $700,000, together with
amounts of principal and interest on loans repaid, is available until
expended for loans to community development credit unions, and $300,000
is available until September 30, 2004 for technical assistance to low-
income and community development credit unions.
National Science Foundation
research and related activities
For necessary expenses in carrying out the National Science
Foundation Act of 1950, as amended (42 U.S.C. 1861-1875), and the Act
to establish a National Medal of Science (42 U.S.C. 1880-1881);
services as authorized by 5 U.S.C. 3109; maintenance and operation of
aircraft and purchase of flight services for research support;
acquisition of aircraft; and authorized travel; $4,150,000,000, of
which not to exceed $325,000,000 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, 2004:
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.
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,
$159,510,000, to remain available until expended.
education and human resources
For necessary expenses in carrying out science and engineering
education and human resources programs and activities pursuant to the
National Science Foundation Act of 1950, as amended (42 U.S.C. 1861-
1875), including services as authorized by 5 U.S.C. 3109, authorized
travel, and rental of conference rooms in the District of Columbia,
$910,580,000, to remain available until September 30, 2004: 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 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; and
reimbursement of the General Services Administration for security guard
services; $193,852,000: Provided, That contracts may be entered into
under ``Salaries and expenses'' in fiscal year 2003 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,
$9,000,000, to remain available until September 30, 2004.
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; purchase of uniforms, or
allowances therefor, as authorized by 5 U.S.C. 5901-5902; hire of
passenger motor vehicles; services as authorized by 5 U.S.C. 3109; and
not to exceed $750 for official reception and representation expenses;
$26,480,000: Provided, That during the current fiscal year, the
President may exempt this appropriation from the provisions of 31
U.S.C. 1341, whenever 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. 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. 402. 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. 403. None of the funds provided in this Act to any department
or agency may be obligated or expended for: (1) 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 or (2) to provide a cook,
chauffeur, or other personal servants to any officer or employee of
such department or agency.
Sec. 404. 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. 405. None of the funds provided in this Act may be used,
directly or through grants, to pay or to provide reimbursement for
payment of the salary of a consultant (whether retained by the Federal
Government or a grantee) at more than the daily equivalent of the rate
paid for level IV of the Executive Schedule, unless specifically
authorized by law.
Sec. 406. 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. 407. 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. 408. 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. 409. (a) It is the sense of the Congress that, to the greatest
extent practicable, all equipment and products purchased with funds
made available in this Act should be American-made.
(b) In providing financial assistance to, or entering into any
contract with, any entity using funds made available in this Act, the
head of each Federal agency, to the greatest extent practicable, shall
provide to such entity a notice describing the statement made in
subsection (a) by the Congress.
Sec. 410. 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. 411. Such sums as may be necessary for fiscal year 2003 pay
raises for programs funded by this Act shall be absorbed within the
levels appropriated in this Act.
Sec. 412. 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. 413. 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. 414. 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. 415. 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. 416. None of the funds made available in this Act may be
transferred to any department, agency, or instrumentality of the United
States Government that is established after the date of the enactment
of this Act, except pursuant to a transfer made by, or transfer
authority provided in, this Act or any other appropriation Act.
Sec. 417. Section 404(a) of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5170c) is amended by striking
``15 percent'' and inserting ``7.5 percent''.
Sec. 418. (a) The Consumer Product Safety Act (15 U.S.C. 2051 et
seq.) is amended by adding at the end the following:
``low-speed electric personal assistive mobility devices
``Sec. 38. (a) Notwithstanding any other provision of the law, low-
speed electric personal assistive mobility devices, other than those
excluded by 15 U.S.C. 2052(a)(1)(A), are consumer products within the
meaning of section 3(a)(1) of this Act.
``(b) For the purpose of this section, the term `low-speed electric
personal assistive mobility device' means a self-balancing two
nontandem wheeled device with an electric propulsion system whose
maximum speed on a paved level surface, when powered solely by such a
propulsion system while ridden by an operator who weighs 170 pounds, is
less than 20 mph: Provided, however, That this term shall exclude
devices that are subject to jurisdiction of the Food and Drug
Administration pursuant to section 321 (h) of title 21, United States
Code.
``(c) To further protect the safety of consumers who ride low-speed
electric personal assistive mobility devices, the Commission may
promulgate new or amended requirements applicable to such devices as
necessary and appropriate.''.
(b) The table of contents in section 1 of such Act is amended by
adding at the end the following:
``Sec. 38. Low-speed electric personal assistive mobility devices.''.
Sec. 419. The National Aeronautics and Space Act of 1958, as
amended (42 U.S.C. 2451, et seq.), is amended by adding at the end of
title III the following new section 314:
``working capital fund
``Sec. 314. There is hereby established in the United States
Treasury a National Aeronautics and Space Administration working
capital fund. Amounts in the fund are available for financing
activities, services, equipment, information, and facilities as
authorized by law to be provided within the Administration; to other
agencies or instrumentalities of the United States; to any State,
Territory, or possession or political subdivision thereof; to other
public or private agencies; or to any person, firm, association,
corporation, or educational institution on a reimbursable basis. The
fund shall also be available for the purpose of funding capital
repairs, renovations, rehabilitation, sustainment, demolition, or
replacement of NASA real property, on a reimbursable basis within the
Administration. Amounts in the fund are available without regard to
fiscal year limitation. The capital of the fund consists of amounts
appropriated to the fund; the reasonable value of stocks of supplies,
equipment, and other assets and inventories on order that the
Administrator transfers to the fund, less the related liabilities and
unpaid obligations; amounts received from the sale of exchange of
property; and payments received for loss or damage to property of the
fund. The fund shall be reimbursed, in advance, for supplies and
services at rates that will approximate the expenses of operation, such
as the accrual of annual leave, depreciation of plant, property and
equipment, and overhead.''.
Sec. 420. The National Aeronautics and Space Act of 1958, as
amended (42 U.S.C. 2451, et seq.), is amended by adding at the end of
title III a new section 315 as follows:
``enhanced-use lease of real property
``Sec. 315. (a) In General.--Notwithstanding any other provision of
law, the Administration may enter into a lease under this section with
any person or entity (including another department or agency of the
Federal Government or an entity of a State or local government) with
regard to any real property under the jurisdiction of the
Administration.
``(b) Consideration.--
``(1) A person or entity entering into a lease under this
section shall provide consideration for the lease at fair
market value as determined by the Administrator, except that in
the case of a lease to another department or agency of the
Federal Government, that department or agency shall provide
consideration for the lease equal to the full costs of the
Administration in connection with the lease.
``(2) Consideration under this subsection may take one or a
combination of the following forms:
``(A) The payment of cash.
``(B) The maintenance, construction, modification,
or improvement of facilities on real property under the
jurisdiction of the Administration.
``(C) The provision of services to the
Administration, including launch services and payload
processing services.
``(D) Use by the Administration of facilities on
the property.
``(3)(A) The Administrator may utilize amounts of cash
consideration received under this subsection for a lease
entered into under this section to cover the full costs of the
Administration in connection with the lease. These funds shall
remain available to the Administration until expended.
``(B) Any amounts of cash consideration received under this
subsection that are not utilized in accordance with
subparagraph (A) shall be deposited in a capital asset account
to be established by the Administrator, shall be available for
maintenance, capital revitalization, and improvements of the
real property assets of the Administration, and shall remain
available to the Administration until expended.
``(c) Lease Term.--The term of any lease entered into under this
section shall not exceed 75 years.
``(d) Scoring.--For the sole purpose of scoring leaseback
agreements for purposes of the Federal budget, if the non-Federal
entity shall exercise management control of the business of the public-
private entity and holds a majority interest in ownership in the
public-private venture, then the project shall not be considered to be
constructed on Government-owned land for the purposes of the
application of scoring rules.
``(e) Authority for Disposition of Leased Property.--If, during the
term of a lease entered into under this section, or within 90 days
after the end of the term of the lease, the Administrator determines
that the leased property is no longer needed by the Administration, the
Administrator may initiate action for the transfer to the lessee of all
right, title, and interest of the United States in the property by:
``(1) requesting the Administrator of the General Services
Administration to dispose of the property for such
consideration as the NASA Administrator and the Administrator
of General Services jointly determine is in the best interests
of the United States and upon such other terms and conditions
as the Administrators consider appropriate; or
``(2) taking such other disposal action authorized by
statute for the transfer of property under the jurisdiction of
the Administration.
``(f) Additional Terms and Conditions.--The Administrator may
require such terms and conditions in connection with a lease under this
section as the Administrator considers appropriate to protect the
interests of the United States.
``(g) Relationship to Other Lease Authority.--The authority under
this section to lease property of the Administration is in addition to
any other authority to lease property of the Administration under
law.''.
Sec. 421. The National Aeronautics and Space Act of 1958, as
amended (42 U.S.C. 2451, et seq.), is amended by adding at the end of
title III a new section 316 as follows:
``conveyance of utility systems
``Sec. 316. (a) Conveyance Authority.--The Administrator may convey
a utility system or part of a utility system under the jurisdiction of
the Administrator to a municipal, private, regional, district, or
cooperative utility company or other qualified entity. The conveyance
may consist of all right, title, and interest of the United States in
the utility system or such lesser estate as the Administrator considers
appropriate to serve the interests of the United States.
``(b) Selection of Conveyee.--The Administrator shall carry out the
conveyance through the use of competitive procedures if more than one
of the entities and utilities referred to in subsection (a)--
``(1) are eligible to operate and maintain the conveyed
utility system under applicable law regulating utilities; and
``(2) notify the Administrator of an interest in the
conveyance under subsection (a).
``(c) Consideration.--The Administrator shall require as
consideration for a conveyance under subsection (a) an amount equal to
the fair market value (as determined by the Administrator) of the
right, title, or interest of the United States conveyed. The
consideration may take the form of--
``(1) a lump-sum payment; or
``(2) a reduction in charges for utility services provided
by the utility or entity concerned to the facility at which the
utility system is located for a period of time that is
sufficient to amortize the value of the utility system
(including any real property or interest in real property)
conveyed.
``(d) Treatment of Payments.--Subject to appropriations, a lump-sum
payment received under subsection (c) shall be merged with and made
available for the same purposes as amounts available for construction
of facilities in the `Human space flight' and the `Science,
aeronautics, and technology' accounts.
``(e) Additional Terms and Conditions.--The Administrator may
require such additional terms and conditions in connection with a
conveyance under subsection (a) as the Administrator considers
appropriate to protect the interests of the United States.
``(f) Utility System Defined.--In this section, the term `utility
system' means any of the following:
``(1) A system for the generation or distribution of
electric power.
(2) A system for the treatment or supply of water.
(3) A system for the collection or treatment of wastewater.
(4) A system for the generation or supply of steam, hot
water, or chilled water.
(5) A system for the supply of natural gas.
(6) A system for the transmission of telecommunications.
(7) Any other utility system that the Administrator
considers to be appropriate.''.
Sec. 422. Section 432 of Public Law 104-204 is amended in
subsection (j) by striking ``September 30, 2002,'' and inserting in
lieu thereof ``September 30, 2005.''.
Sec. 423. Notwithstanding 42 U.S.C. 5196c, amounts provided in
Public Law 107-117 and subsequent appropriations Acts for the
construction of emergency operations centers (or similar facilities)
shall only require a 25 percent non-Federal cost share.
This Act may be cited as the ``Departments of Veterans Affairs and
Housing and Urban Development, and Independent Agencies Appropriations
Act, 2003''.
Calendar No. 460
107th CONGRESS
2d Session
H. R. 5605
[Report No. 107-740]
_______________________________________________________________________
A BILL
Making appropriations for the Departments of Veterans Affairs and
Housing and Urban Development, and for sundry independent agencies,
boards, commissions, corporations, and offices for the fiscal year
ending September 30, 2003, and for other purposes.
_______________________________________________________________________
October 10, 2002
Committed to the Committee of the Whole House on the State of the Union
and ordered to be printed
Introduced in House
The House Committee on Appropriations reported an original measure, H. Rept. 107-740, by Mr. Walsh.
The House Committee on Appropriations reported an original measure, H. Rept. 107-740, by Mr. Walsh.
Placed on the Union Calendar, Calendar No. 460.
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