[106th Congress Public Law 377]
[From the U.S. Government Printing Office]
<DOC>
[DOCID: f:publ377.106]
[[Page 114 STAT. 1441]]
Public Law 106-377
106th Congress
An Act
Making appropriations for the Departments of Veterans Affairs and
Housing and Urban Development, <<NOTE: Oct. 27, 2000 - [H.R. 4635]>>
and for sundry independent agencies, boards, commissions, corporations,
and offices for the fiscal year ending September 30, 2001, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
Section 1. <<NOTE: Incorporation by reference.>> (a) The provisions
of the following bills of the 106th Congress are hereby enacted into
law:
(1) H.R. 5482, as introduced on October 18, 2000.
(2) H.R. 5483, as introduced on October 18, 2000.
(b) <<NOTE: Publication. 1 USC 112 note.>> In publishing this Act in
slip form and in the United States Statutes at Large pursuant to section
112 of title 1, United States Code, the Archivist of the United States
shall include after the date of approval at the end appendixes setting
forth the texts of the bills referred to in subsection (a) of this
section.
Approved October 27, 2000.
LEGISLATIVE HISTORY--H.R. 4635:
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HOUSE REPORTS: Nos. 106-674 (Comm. on Appropriations) and 106-988 (Comm.
of Conference).
SENATE REPORTS: No. 106-410 (Comm. on Appropriations).
CONGRESSIONAL RECORD, Vol. 146 (2000):
June 19-21, considered and passed House.
Oct. 12, considered and passed Senate, amended.
Oct. 19, House and Senate agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 36 (2000):
Oct. 27, Presidential statement.
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__________
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ENDNOTE: The following appendixes were added pursuant to the
provisions of section 1 of this Act.
<all>
[[Page 114 STAT. 1441A-1]]
TABLE OF CONTENTS
The table of contents is as follows:
APPENDIX A--H.R. 5482
APPENDIX B--H.R. 5483
[[Page 114 STAT. 1441A-3]]
APPENDIX A--H.R. 5482
That the following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, for the Departments of Veterans
Affairs and Housing and Urban Development, and for sundry independent
agencies, boards, commissions, corporations, and offices for the fiscal
year ending September 30, 2001, and for other purposes, namely:
TITLE I--DEPARTMENT OF VETERANS AFFAIRS
Veterans Benefits Administration
compensation and pensions
(including transfers of funds)
For the payment of compensation benefits to or on behalf of veterans
and a pilot program for disability examinations as authorized by law (38
U.S.C. 107, chapters 11, 13, 18, 51, 53, 55, and 61); pension benefits
to or on behalf of veterans as authorized by law (38 U.S.C. chapters 15,
51, 53, 55, and 61; 92 Stat. 2508); and burial benefits, emergency and
other officers' retirement pay, adjusted-service credits and
certificates, payment of premiums due on commercial life insurance
policies guaranteed under the provisions of Article IV of the Soldiers'
and Sailors' Civil Relief Act of 1940, as amended, and for other
benefits as authorized by law (38 U.S.C. 107, 1312, 1977, and 2106,
chapters 23, 51, 53, 55, and 61; 50 U.S.C. App. 540-548; 43 Stat. 122,
123; 45 Stat. 735; 76 Stat. 1198), $22,766,276,000, to remain available
until expended: Provided, That not to exceed $17,419,000 of the amount
appropriated shall be reimbursed to ``General operating expenses'' and
``Medical care'' for necessary expenses in implementing those provisions
authorized in the Omnibus Budget Reconciliation Act of 1990, and in the
Veterans' Benefits Act of 1992 (38 U.S.C. chapters 51, 53, and 55), the
funding source for which is specifically provided as the ``Compensation
and pensions'' appropriation: Provided further, That such sums as may be
earned on an actual qualifying patient basis, shall be reimbursed to
``Medical facilities revolving fund'' to augment the funding of
individual medical facilities for nursing home care provided to
pensioners as authorized.
readjustment benefits
For the payment of readjustment and rehabilitation benefits to or on
behalf of veterans as authorized by 38 U.S.C. chapters 21, 30, 31, 34,
35, 36, 39, 51, 53, 55, and 61, $1,634,000,000, to remain available
until expended: Provided, That expenses for
[[Page 114 STAT. 1441A-4]]
rehabilitation program services and assistance which the Secretary is
authorized to provide under section 3104(a) of title 38, United States
Code, other than under subsection (a)(1), (2), (5) and (11) of that
section, shall be charged to the account: Provided further, That funds
shall be available to pay any court order, court award or any compromise
settlement arising from litigation involving the vocational training
program authorized by section 18 of Public Law 98-77, as amended.
veterans insurance and indemnities
For military and naval insurance, national service life insurance,
servicemen's indemnities, service-disabled veterans insurance, and
veterans mortgage life insurance as authorized by 38 U.S.C. chapter 19;
70 Stat. 887; 72 Stat. 487, $19,850,000, to remain available until
expended.
veterans housing benefit program fund program account
(including transfer of funds)
For the cost of direct and guaranteed loans, such sums as may be
necessary to carry out the program, as authorized by 38 U.S.C. chapter
37, as amended: Provided, That such costs, including the cost of
modifying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974, as amended: Provided further, That
during fiscal year 2001, within the resources available, not to exceed
$300,000 in gross obligations for direct loans are authorized for
specially adapted housing loans.
In addition, for administrative expenses to carry out the direct and
guaranteed loan programs, $162,000,000, which may be transferred to and
merged with the appropriation for ``General operating expenses''.
education loan fund program account
(including transfer of funds)
For the cost of direct loans, $1,000, as authorized by 38 U.S.C.
3698, as amended: Provided, That such costs, including the cost of
modifying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974, as amended: Provided further, That
these funds are available to subsidize gross obligations for the
principal amount of direct loans not to exceed $3,400.
In addition, for administrative expenses necessary to carry out the
direct loan program, $220,000, which may be transferred to and merged
with the appropriation for ``General operating expenses''.
vocational rehabilitation loans program account
(including transfer of funds)
For the cost of direct loans, $52,000, as authorized by 38 U.S.C.
chapter 31, as amended: Provided, That such costs, including the cost of
modifying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974, as amended: Provided further, That
these funds are available to subsidize gross obligations for the
principal amount of direct loans not to exceed $2,726,000.
[[Page 114 STAT. 1441A-5]]
In addition, for administrative expenses necessary to carry out the
direct loan program, $432,000, which may be transferred to and merged
with the appropriation for ``General operating expenses''.
native american veteran housing loan program account
(including transfer of funds)
For administrative expenses to carry out the direct loan program
authorized by 38 U.S.C. chapter 37, subchapter V, as amended, $532,000,
which may be transferred to and merged with the appropriation for
``General operating expenses''.
guaranteed transitional housing loans for homeless veterans program
account
(including transfer of funds)
Not to exceed $750,000 of the amounts appropriated by this Act for
``General operating expenses'' and ``Medical care'' may be expended for
the administrative expenses to carry out the guaranteed loan program
authorized by 38 U.S.C. chapter 37, subchapter VI.
Veterans Health Administration
medical care
(including transfer of funds)
For necessary expenses for the maintenance and operation of
hospitals, nursing homes, and domiciliary facilities; for furnishing, as
authorized by law, inpatient and outpatient care and treatment to
beneficiaries of the Department of Veterans Affairs, including care and
treatment in facilities not under the jurisdiction of the department;
and furnishing recreational facilities, supplies, and equipment;
funeral, burial, and other expenses incidental thereto for beneficiaries
receiving care in the department; administrative expenses in support of
planning, design, project management, real property acquisition and
disposition, construction and renovation of any facility under the
jurisdiction or for the use of the department; oversight, engineering
and architectural activities not charged to project cost; repairing,
altering, improving or providing facilities in the several hospitals and
homes under the jurisdiction of the department, not otherwise provided
for, either by contract or by the hire of temporary employees and
purchase of materials; uniforms or allowances therefor, as authorized by
5 U.S.C. 5901-5902; aid to State homes as authorized by 38 U.S.C. 1741;
administrative and legal expenses of the department for collecting and
recovering amounts owed the department as authorized under 38 U.S.C.
chapter 17, and the Federal Medical Care Recovery Act, 42 U.S.C. 2651 et
seq., $20,281,587,000, plus reimbursements: Provided, That of the funds
made available under this heading, $900,000,000 is for the equipment and
land and structures object classifications only, which amount shall not
become available for obligation until August 1, 2001, and shall remain
available until September 30, 2002: Provided further, That of the funds
made available under this heading, not to exceed $500,000,000 shall
[[Page 114 STAT. 1441A-6]]
be available until September 30, 2002: Provided further, That of the
funds made available under this heading, not to exceed $28,134,000 may
be transferred to and merged with the appropriation for ``General
operating expenses'': Provided further, That the Secretary of Veterans
Affairs shall conduct by contract a program of recovery audits for the
fee basis and other medical services contracts with respect to payments
for hospital care; and, notwithstanding 31 U.S.C. 3302(b), amounts
collected, by setoff or otherwise, as the result of such audits shall be
available, without fiscal year limitation, for the purposes for which
funds are appropriated under this heading and the purposes of paying a
contractor a percent of the amount collected as a result of an audit
carried out by the contractor: Provided further, That all amounts so
collected under the preceding proviso with respect to a designated
health care region (as that term is defined in 38 U.S.C. 1729A(d)(2))
shall be allocated, net of payments to the contractor, to that region.
In addition, in conformance with Public Law 105-33 establishing the
Department of Veterans Affairs Medical Care Collections Fund, such sums
as may be deposited to such Fund pursuant to 38 U.S.C. 1729A may be
transferred to this account, to remain available until expended for the
purposes of this account.
None of the foregoing funds may be transferred to the Department of
Justice for the purposes of supporting tobacco litigation.
medical and prosthetic research
For necessary expenses in carrying out programs of medical and
prosthetic research and development as authorized by 38 U.S.C. chapter
73, to remain available until September 30, 2002, $351,000,000, plus
reimbursements.
medical administration and miscellaneous operating expenses
For necessary expenses in the administration of the medical,
hospital, nursing home, domiciliary, construction, supply, and research
activities, as authorized by law; administrative expenses in support of
capital policy activities, $62,000,000 plus reimbursements: Provided,
That technical and consulting services offered by the Facilities
Management Field Service, including project management and real property
administration (including leases, site acquisition and disposal
activities directly supporting projects), shall be provided to
Department of Veterans Affairs components only on a reimbursable basis,
and such amounts will remain available until September 30, 2001.
Departmental Administration
general operating expenses
For necessary operating expenses of the Department of Veterans
Affairs, not otherwise provided for, including uniforms or allowances
therefor; not to exceed $25,000 for official reception and
representation expenses; hire of passenger motor vehicles; and
reimbursement of the General Services Administration for security guard
services, and the Department of Defense for the cost of overseas
employee mail, $1,050,000,000: Provided, That expenses for services and
assistance authorized under 38 U.S.C. 3104(a)(1),
[[Page 114 STAT. 1441A-7]]
(2), (5) and (11) that the Secretary determines are necessary to enable
entitled veterans: (1) to the maximum extent feasible, to become
employable and to obtain and maintain suitable employment; or (2) to
achieve maximum independence in daily living, shall be charged to this
account: Provided further, That of the funds made available under this
heading, not to exceed $45,000,000 shall be available until September
30, 2002: Provided further, That funds under this heading shall be
available to administer the Service Members Occupational Conversion and
Training Act.
national cemetery administration
(including transfer of funds)
For necessary expenses for the maintenance and operation of the
National Cemetery Administration, not otherwise provided for, including
uniforms or allowances therefor; cemeterial expenses as authorized by
law; purchase of two passenger motor vehicles for use in cemeterial
operations; and hire of passenger motor vehicles, $109,889,000:
Provided, That travel expenses shall not exceed $1,125,000: Provided
further, That of the amount made available under this heading, not to
exceed $125,000 may be transferred to and merged with the appropriation
for ``General operating expenses''.
office of inspector general
(including transfer of funds)
For necessary expenses of the Office of Inspector General in
carrying out the Inspector General Act of 1978, as amended, $46,464,000:
Provided, That of the amount made available under this heading, not to
exceed $28,000 may be transferred to and merged with the appropriation
for ``General operating expenses''.
construction, major projects
For constructing, altering, extending and improving any of the
facilities under the jurisdiction or for the use of the Department of
Veterans Affairs, or for any of the purposes set forth in sections 316,
2404, 2406, 8102, 8103, 8106, 8108, 8109, 8110, and 8122 of title 38,
United States Code, including planning, architectural and engineering
services, maintenance or guarantee period services costs associated with
equipment guarantees provided under the project, services of claims
analysts, offsite utility and storm drainage system construction costs,
and site acquisition, where the estimated cost of a project is
$4,000,000 or more or where funds for a project were made available in a
previous major project appropriation, $66,040,000, to remain available
until expended: Provided, That except for advance planning of projects
(including market-based assessments of health care needs which may or
may not lead to capital investments) funded through the advance planning
fund and the design of projects funded through the design fund, none of
these funds shall be used for any project which has not been considered
and approved by the Congress in the budgetary process: Provided further,
That funds provided in this appropriation for fiscal year 2001, for each
approved project shall be obligated: (1) by the awarding of a
construction documents contract by September 30, 2001; and (2) by the
awarding of a construction contract by
[[Page 114 STAT. 1441A-8]]
September 30, 2002: Provided further, That the Secretary shall promptly
report in writing to the Committees on Appropriations any approved major
construction project in which obligations are not incurred within the
time limitations established above: Provided further, That no funds from
any other account except the ``Parking revolving fund'', may be
obligated for constructing, altering, extending, or improving a project
which was approved in the budget process and funded in this account
until 1 year after substantial completion and beneficial occupancy by
the Department of Veterans Affairs of the project or any part thereof
with respect to that part only.
construction, minor projects
For constructing, altering, extending, and improving any of the
facilities under the jurisdiction or for the use of the Department of
Veterans Affairs, including planning, architectural and engineering
services, maintenance or guarantee period services costs associated with
equipment guarantees provided under the project, services of claims
analysts, offsite utility and storm drainage system construction costs,
and site acquisition, or for any of the purposes set forth in sections
316, 2404, 2406, 8102, 8103, 8106, 8108, 8109, 8110, 8122, and 8162 of
title 38, United States Code, where the estimated cost of a project is
less than $4,000,000, $162,000,000, to remain available until expended,
along with unobligated balances of previous ``Construction, minor
projects'' appropriations which are hereby made available for any
project where the estimated cost is less than $4,000,000: Provided, That
funds in this account shall be available for: (1) repairs to any of the
nonmedical facilities under the jurisdiction or for the use of the
department which are necessary because of loss or damage caused by any
natural disaster or catastrophe; and (2) temporary measures necessary to
prevent or to minimize further loss by such causes.
parking revolving fund
For the parking revolving fund as authorized by 38 U.S.C. 8109,
income from fees collected, to remain available until expended, which
shall be available for all authorized expenses except operations and
maintenance costs, which will be funded from ``Medical care''.
grants for construction of state extended care facilities
For grants to assist States to acquire or construct State nursing
home and domiciliary facilities and to remodel, modify or alter existing
hospital, nursing home and domiciliary facilities in State homes, for
furnishing care to veterans as authorized by 38 U.S.C. 8131-8137,
$100,000,000, to remain available until expended.
grants for the construction of state veterans cemeteries
For grants to aid States in establishing, expanding, or improving
State veterans cemeteries as authorized by 38 U.S.C. 2408, $25,000,000,
to remain available until expended.
[[Page 114 STAT. 1441A-9]]
administrative provisions
(including transfer of funds)
Sec. 101. Any appropriation for fiscal year 2001 for ``Compensation
and pensions'', ``Readjustment benefits'', and ``Veterans insurance and
indemnities'' may be transferred to any other of the mentioned
appropriations.
Sec. 102. Appropriations available to the Department of Veterans
Affairs for fiscal year 2001 for salaries and expenses shall be
available for services authorized by 5 U.S.C. 3109.
Sec. 103. No appropriations in this Act for the Department of
Veterans Affairs (except the appropriations for ``Construction, major
projects'', ``Construction, minor projects'', and the ``Parking
revolving fund'') shall be available for the purchase of any site for or
toward the construction of any new hospital or home.
Sec. 104. No appropriations in this Act for the Department of
Veterans Affairs shall be available for hospitalization or examination
of any persons (except beneficiaries entitled under the laws bestowing
such benefits to veterans, and persons receiving such treatment under 5
U.S.C. 7901-7904 or 42 U.S.C. 5141-5204), unless reimbursement of cost
is made to the ``Medical care'' account at such rates as may be fixed by
the Secretary of Veterans Affairs.
Sec. 105. Appropriations available to the Department of Veterans
Affairs for fiscal year 2001 for ``Compensation and pensions'',
``Readjustment benefits'', and ``Veterans insurance and indemnities''
shall be available for payment of prior year accrued obligations
required to be recorded by law against the corresponding prior year
accounts within the last quarter of fiscal year 2000.
Sec. 106. Appropriations accounts available to the Department of
Veterans Affairs for fiscal year 2001 shall be available to pay prior
year obligations of corresponding prior year appropriations accounts
resulting from title X of the Competitive Equality Banking Act, Public
Law 100-86, except that if such obligations are from trust fund accounts
they shall be payable from ``Compensation and pensions''.
Sec. 107. Notwithstanding any other provision of law, during fiscal
year 2001, the Secretary of Veterans Affairs shall, from the National
Service Life Insurance Fund (38 U.S.C. 1920), the Veterans' Special Life
Insurance Fund (38 U.S.C. 1923), and the United States Government Life
Insurance Fund (38 U.S.C. 1955), reimburse the ``General operating
expenses'' account for the cost of administration of the insurance
programs financed through those accounts: Provided, That reimbursement
shall be made only from the surplus earnings accumulated in an insurance
program in fiscal year 2001, that are available for dividends in that
program after claims have been paid and actuarially determined reserves
have been set aside: Provided further, That if the cost of
administration of an insurance program exceeds the amount of surplus
earnings accumulated in that program, reimbursement shall be made only
to the extent of such surplus earnings: Provided further, That the
Secretary shall determine the cost of administration for fiscal year
2001, which is properly allocable to the provision of each insurance
program and to the provision of any total disability income insurance
included in such insurance program.
Sec. 108. Notwithstanding any other provision of law, collections
authorized by the Veterans Millennium Health Care and Benefits Act
(Public Law 106-117) and credited to the appropriate
[[Page 114 STAT. 1441A-10]]
Department of Veterans Affairs accounts in fiscal year 2001, shall not
be available for obligation or expenditure unless appropriation language
making such funds available is enacted.
Sec. 109. In accordance with section 1557 of title 31, United States
Code, the following obligated balance shall be exempt from subchapter IV
of chapter 15 of such title and shall remain available for expenditure
until September 30, 2003: funds obligated by the Department of Veterans
Affairs for a contract with the Institute for Clinical Research to study
the application of artificial neural networks to the diagnosis and
treatment of prostate cancer through the Cooperative DoD/VA Medical
Research program from funds made available to the Department of Veterans
Affairs by the Department of Defense Appropriations Act, 1995 (Public
Law 103-335) under the heading ``Research, Development, Test and
Evaluation, Defense-Wide''.
Sec. 110. As HR LINK$ will not be part of the Franchise Fund in
fiscal year 2001, funds budgeted in customer accounts to purchase HR
LINK$ services from the Franchise Fund shall be transferred to the
General Administration portion of the ``General operating expenses''
appropriation in the following amounts: $78,000 from the ``Office of
Inspector General'', $358,000 from the ``National cemetery
administration'', $1,106,000 from ``Medical care'', $84,000 from
``Medical administration and miscellaneous operating expenses'', and
$38,000 shall be reprogrammed within the ``General operating expenses''
appropriation from the Veterans Benefits Administration to General
Administration for the same purpose.
Sec. 111. Not to exceed $1,600,000 from the ``Medical care''
appropriation shall be transferred to the ``General operating expenses''
appropriation to fund personnel services costs of employees providing
legal services and administrative support for the Office of General
Counsel.
Sec. 112. Not to exceed $1,200,000 may be transferred from the
``Medical care'' appropriation to the ``General operating expenses''
appropriation to fund contracts and services in support of the Veterans
Benefits Administration's Benefits Delivery Center, Systems Development
Center, and Finance Center, located at the Department of Veterans
Affairs Medical Center, Hines, Illinois.
Sec. 113. Not to exceed $4,500,000 from the ``Construction, minor
projects'' appropriation and not to exceed $2,000,000 from the ``Medical
care'' appropriation may be transferred to and merged with the Parking
Revolving Fund for surface parking lot projects.
Sec. 114. Notwithstanding any other provision of this Act, none of
the funds appropriated or otherwise made available in this Act for
``Medical care'' appropriations of the Department of Veterans Affairs
may be obligated for the realignment of the health care delivery system
in Veterans Integrated Service Network 12 (VISN 12) until 60 days after
the Secretary of Veterans Affairs certifies that the Department has: (1)
consulted with veterans organizations, medical school affiliates,
employee representatives, State veterans and health associations, and
other interested parties with respect to the realignment plan to be
implemented; and (2) made available to the Congress and the public
information from the consultations regarding possible impacts on the
accessibility of veterans health care services to affected veterans.
[[Page 114 STAT. 1441A-11]]
TITLE II--DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Public and Indian Housing
housing certificate fund
(including transfers of funds)
For activities and assistance to prevent the involuntary
displacement of low-income families, the elderly and the disabled
because of the loss of affordable housing stock, expiration of subsidy
contracts (other than contracts for which amounts are provided under
another heading in this Act) or expiration of use restrictions, or other
changes in housing assistance arrangements, and for other purposes,
$13,940,907,000 and amounts that are recaptured in this account to
remain available until expended: Provided, That of the total amount
provided under this heading, $13,430,000,000, of which $9,230,000,000
shall be available on October 1, 2000 and $4,200,000,000 shall be
available on October 1, 2001, shall be for assistance under the United
States Housing Act of 1937 (``the Act'' herein) (42 U.S.C. 1437):
Provided further, That the foregoing amounts shall be for use in
connection with expiring or terminating section 8 subsidy contracts, for
amendments to section 8 subsidy contracts, for enhanced vouchers
(including amendments and renewals) under any provision of law
authorizing such assistance under section 8(t) of the United States
Housing Act of 1937 (47 U.S.C. 1437f(t)), contract administrators, and
contracts entered into pursuant to section 441 of the Stewart B.
McKinney Homeless Assistance Act: Provided further, That amounts
available under the first proviso under this heading shall be available
for section 8 rental assistance under the Act: (1) for the relocation
and replacement of housing units that are demolished or disposed of
pursuant to section 24 of the United States Housing Act of 1937 or to
other authority for the revitalization of severely distressed public
housing, as set forth in the appropriations Acts for the Departments of
Veterans Affairs and Housing and Urban Development, and Independent
Agencies for fiscal years 1993, 1994, 1995, and 1997, and in the Omnibus
Consolidated Rescissions and Appropriations Act of 1996; (2) for the
conversion of section 23 projects to assistance under section 8; (3) for
funds to carry out the family unification program; (4) for the
relocation of witnesses in connection with efforts to combat crime in
public and assisted housing pursuant to a request from a law enforcement
or prosecution agency; (5) for tenant protection assistance, including
replacement and relocation assistance; and (6) for the 1-year renewal of
section 8 contracts for units in a project that is subject to an
approved plan of action under the Emergency Low Income Housing
Preservation Act of 1987 or the Low-Income Housing Preservation and
Resident Homeownership Act of 1990: Provided further, That of the total
amount provided under this heading, $11,000,000 shall be transferred to
the Working Capital Fund for the development and maintenance of
information technology systems: Provided further, That of the total
amount provided under this heading, $40,000,000 shall be made available
to nonelderly disabled families affected by the designation of a public
housing development under section 7 of the Act, the establishment of
preferences in accordance with section 651 of the Housing and Community
Development Act of 1992 (42
[[Page 114 STAT. 1441A-12]]
U.S.C. 1361l), or the restriction of occupancy to elderly families in
accordance with section 658 of such Act, and to the extent the Secretary
determines that such amount is not needed to fund applications for such
affected families, to other nonelderly disabled families: Provided
further, That of the total amount provided under this heading,
$452,907,000 shall be made available for incremental vouchers under
section 8 of the United States Housing Act of 1937 on a fair share basis
and administered by public housing agencies: Provided further, That of
the total amount provided under this heading, up to $7,000,000 shall be
made available for the completion of the Jobs Plus Demonstration:
Provided further, That amounts available under this heading may be made
available for administrative fees and other expenses to cover the cost
of administering rental assistance programs under section 8 of the
United States Housing Act of 1937: Provided further, That the fee
otherwise authorized under section 8(q) of such Act shall be determined
in accordance with section 8(q), as in effect immediately before the
enactment of the Quality Housing and Work Responsibility Act of 1998:
Provided further, That $1,833,000,000 is rescinded from unobligated
balances remaining from funds appropriated to the Department of Housing
and Urban Development under this heading or the heading ``Annual
Contributions for Assisted Housing'' or any other heading for fiscal
year 2000 and prior years: Provided further, That any such balances
governed by reallocation provisions under the statute authorizing the
program for which the funds were originally appropriated shall not be
available for this rescission: Provided further, That the Secretary
shall have until September 30, 2001, to meet the rescission in the
proviso preceding the immediately preceding proviso: Provided further,
That any obligated balances of contract authority that have been
terminated shall be canceled.
public housing capital fund
(including transfer of funds)
For the Public Housing Capital Fund Program to carry out capital and
management activities for public housing agencies, as authorized under
section 9 of the United States Housing Act of 1937, as amended (42
U.S.C. 1437), $3,000,000,000, to remain available until expended, of
which up to $50,000,000 shall be for carrying out activities under
section 9(h) of such Act, for lease adjustments to section 23 projects
and $43,000,000 shall be transferred to the Working Capital Fund for the
development and maintenance of information technology systems: Provided,
That no funds may be used under this heading for the purposes specified
in section 9(k) of the United States Housing Act of 1937: Provided
further, That of the total amount, up to $75,000,000 shall be available
for the Secretary of Housing and Urban Development to make grants to
public housing agencies for emergency capital needs resulting from
emergencies and natural disasters in fiscal year 2001.
public housing operating fund
For payments to public housing agencies for the operation and
management of public housing, as authorized by section 9(e) of the
United States Housing Act of 1937, as amended (42 U.S.C.
[[Page 114 STAT. 1441A-13]]
1437g), $3,242,000,000, to remain available until expended: Provided,
That no funds may be used under this heading for the purposes specified
in section 9(k) of the United States Housing Act of 1937.
drug elimination grants for low-income housing
(including transfers of funds)
For grants to public housing agencies and Indian tribes and their
tribally designated housing entities for use in eliminating crime in
public housing projects authorized by 42 U.S.C. 11901-11908, for grants
for federally assisted low-income housing authorized by 42 U.S.C. 11909,
and for drug information clearinghouse services authorized by 42 U.S.C.
11921-11925, $310,000,000, to remain available until expended: Provided,
That of the total amount provided under this heading, up to $3,000,000
shall be solely for technical assistance, technical assistance grants,
training, and program assessment for or on behalf of public housing
agencies, resident organizations, and Indian tribes and their tribally
designated housing entities (including up to $150,000 for the cost of
necessary travel for participants in such training) for oversight,
training and improved management of this program, $2,000,000 shall be
available to the Boys and Girls Clubs of America for the operating and
start-up costs of clubs located in or near, and primarily serving
residents of, public housing and housing assisted under the Native
American Housing Assistance and Self-Determination Act of 1996, and
$10,000,000 shall be used in connection with efforts to combat violent
crime in public and assisted housing under the Operation Safe Home
Program administered by the Inspector General of the Department of
Housing and Urban Development: Provided further, That of the amount
under this heading, $10,000,000 shall be provided to the Office of
Inspector General for Operation Safe Home: Provided further, That of the
amount under this heading, $20,000,000 shall be available for the New
Approach Anti-Drug program which will provide competitive grants to
entities managing or operating public housing developments, federally
assisted multifamily housing developments, or other multifamily housing
developments for low-income families supported by non-Federal
governmental entities or similar housing developments supported by
nonprofit private sources in order to provide or augment security
(including personnel costs), to assist in the investigation and/or
prosecution of drug-related criminal activity in and around such
developments, and to provide assistance for the development of capital
improvements at such developments directly relating to the security of
such developments: Provided further, That grants for the New Approach
Anti-Drug program shall be made on a competitive basis as specified in
section 102 of the Department of Housing and Urban Development Reform
Act of 1989.
revitalization of severely distressed public housing (hope vi)
For grants to public housing agencies for demolition, site
revitalization, replacement housing, and tenant-based assistance grants
to projects as authorized by section 24 of the United States Housing Act
of 1937, $575,000,000 to remain available until expended, of which the
Secretary may use up to $10,000,000 for technical assistance and
contract expertise, to be provided directly
[[Page 114 STAT. 1441A-14]]
or indirectly by grants, contracts or cooperative agreements, including
training and cost of necessary travel for participants in such training,
by or to officials and employees of the department and of public housing
agencies and to residents: Provided, That none of such funds shall be
used directly or indirectly by granting competitive advantage in awards
to settle litigation or pay judgments, unless expressly permitted
herein.
native american housing block grants
(including transfers of funds)
For the Native American Housing Block Grants program, as authorized
under title I of the Native American Housing Assistance and Self-
Determination Act of 1996 (NAHASDA) (Public Law 104-330), $650,000,000,
to remain available until expended, of which $6,000,000 shall be to
support the inspection of Indian housing units, contract expertise,
training, and technical assistance in the training, oversight, and
management of Indian housing and tenant-based assistance, including up
to $300,000 for related travel: Provided, That of the amount provided
under this heading, $6,000,000 shall be made available for the cost of
guaranteed notes and other obligations, as authorized by title VI of
NAHASDA: Provided further, That such costs, including the costs of
modifying such notes and other obligations, shall be as defined in
section 502 of the Congressional Budget Act of 1974, as amended:
Provided further, That these funds are available to subsidize the total
principal amount of any notes and other obligations, any part of which
is to be guaranteed, not to exceed $54,600,000: Provided further, That
for administrative expenses to carry out the guaranteed loan program, up
to $150,000 from amounts in the first proviso, which shall be
transferred to and merged with the appropriation for ``Salaries and
expenses'', to be used only for the administrative costs of these
guarantees: Provided further, That of the amount provided in this
heading, $2,000,000 shall be transferred to the Working Capital Fund for
development and maintaining information technology systems.
indian housing loan guarantee fund program account
(including transfer of funds)
For the cost of guaranteed loans, as authorized by section 184 of
the Housing and Community Development Act of 1992 (106 Stat. 3739),
$6,000,000, to remain available until expended: Provided, That such
costs, including the costs of modifying such loans, shall be as defined
in section 502 of the Congressional Budget Act of 1974, as amended:
Provided further, That these funds are available to subsidize total loan
principal, any part of which is to be guaranteed, not to exceed
$71,956,000.
In addition, for administrative expenses to carry out the guaranteed
loan program, up to $200,000 from amounts in the first paragraph, which
shall be transferred to and merged with the appropriation for ``Salaries
and expenses'', to be used only for the administrative costs of these
guarantees.
[[Page 114 STAT. 1441A-15]]
Community Planning and Development
housing opportunities for persons with aids
For carrying out the Housing Opportunities for Persons with AIDS
program, as authorized by the AIDS Housing Opportunity Act (42 U.S.C.
12901), $258,000,000, to remain available until expended: Provided, That
the Secretary shall renew all expiring contracts that were funded under
section 854(c)(3) of such Act that meet all program requirements before
awarding funds for new contracts and activities authorized under this
section: Provided further, That the Secretary may use up to 1 percent of
the funds under this heading for training, oversight, and technical
assistance activities.
rural housing and economic development
For the Office of Rural Housing and Economic Development in the
Department of Housing and Urban Development, $25,000,000 to remain
available until expended, which amount shall be awarded by June 1, 2001,
to Indian tribes, State housing finance agencies, State community and/or
economic development agencies, local rural nonprofits and community
development corporations to support innovative housing and economic
development activities in rural areas: Provided, That all grants shall
be awarded on a competitive basis as specified in section 102 of the HUD
Reform Act.
empowerment zones/enterprise communities
For grants in connection with a second round of empowerment zones
and enterprise communities, $90,000,000, to remain available until
expended: Provided, That $75,000,000 shall be available for the
Secretary of Housing and Urban Development for ``Urban Empowerment
Zones'', as authorized in the Taxpayer Relief Act of 1997, including
$5,000,000 for each empowerment zone for use in conjunction with
economic development activities consistent with the strategic plan of
each empowerment zone: Provided further, That $15,000,000 shall be
available to the Secretary of Agriculture for grants for designated
empowerment zones in rural areas and for grants for designated rural
enterprise communities.
community development fund
(including transfers of funds)
For assistance to units of State and local government, and to other
entities, for economic and community development activities, and for
other purposes, $5,057,550,000: Provided, That of the amount provided,
$4,409,000,000 is for carrying out the community development block grant
program under title I of the Housing and Community Development Act of
1974, as amended (the ``Act'' herein) (42 U.S.C. 5301), to remain
available until September 30, 2003: Provided further, That $71,000,000
shall be for grants to Indian tribes notwithstanding section 106(a)(1)
of such Act, $3,000,000 shall be available as a grant to the Housing
Assistance Council, $2,600,000 shall be available as a grant to the
National American Indian Housing Council, $10,000,000 shall be available
as a grant to the National Housing Development Corporation, for
operating expenses not to exceed $2,000,000 and for a program
[[Page 114 STAT. 1441A-16]]
of affordable housing acquisition and rehabilitation, and $45,500,000
shall be for grants pursuant to section 107 of the Act of which
$3,000,000 shall be made available to support Alaska Native serving
institutions and Native Hawaiian serving institutions, as defined under
the Higher Education Act, as amended, and of which $3,000,000 shall be
made available to tribal colleges and universities to build, expand,
renovate, and equip their facilities: Provided further, That not to
exceed 20 percent of any grant made with funds appropriated herein
(other than a grant made available in this paragraph to the Housing
Assistance Council or the National American Indian Housing Council, or a
grant using funds under section 107(b)(3) of the Housing and Community
Development Act of 1974, as amended) shall be expended for ``Planning
and Management Development'' and ``Administration'' as defined in
regulations promulgated by the department: Provided further, That
$15,000,000 shall be transferred to the Working Capital Fund for the
development and maintenance of information technology systems: Provided
further, That $20,000,000 shall be for grants pursuant to the Self Help
Housing Opportunity Program.
Of the amount made available under this heading, $28,450,000 shall
be made available for capacity building, of which $25,000,000 shall be
made available for ``Capacity Building for Community Development and
Affordable Housing'', for LISC and the Enterprise Foundation for
activities as authorized by section 4 of the HUD Demonstration Act of
1993 (Public Law 103-120), as in effect immediately before June 12,
1997, of which not less than $5,000,000 of the funding shall be used in
rural areas, including tribal areas, and of which $3,450,000 shall be
made available for capacity building activities administered by Habitat
for Humanity International.
Of the amount made available under this heading, the Secretary of
Housing and Urban Development may use up to $55,000,000 for supportive
services for public housing residents, as authorized by section 34 of
the United States Housing Act of 1937, as amended, and for residents of
housing assisted under the Native American Housing Assistance and Self-
Determination Act of 1996 (NAHASDA) and for grants for service
coordinators and congregate services for the elderly and disabled
residents of public and assisted housing and housing assisted under
NAHASDA.
Of the amount made available under this heading, $44,000,000 shall
be available for neighborhood initiatives that are utilized to improve
the conditions of distressed and blighted areas and neighborhoods, to
stimulate investment, economic diversification, and community
revitalization in areas with population outmigration or a stagnating or
declining economic base, or to determine whether housing benefits can be
integrated more effectively with welfare reform initiatives: Provided,
that any unobligated balances of amounts set aside for neighborhood
initiatives in fiscal years 1998, 1999, and 2000 may be utilized for any
of the foregoing purposes: Provided further, That these grants shall be
provided in accord with the terms and conditions specified in the
statement of managers accompanying this conference report.
Of the amount made available under this heading, notwithstanding any
other provision of law, $60,000,000 shall be available for YouthBuild
program activities authorized by subtitle D of title IV of the Cranston-
Gonzalez National Affordable Housing Act, as amended, and such
activities shall be an eligible activity with respect to any funds made
available under this heading: Provided,
[[Page 114 STAT. 1441A-17]]
That local YouthBuild programs that demonstrate an ability to leverage
private and nonprofit funding shall be given a priority for YouthBuild
funding: Provided further, That no more than 10 percent of any grant
award may be used for administrative costs: Provided further, That not
less than $10,000,000 shall be available for grants to establish
YouthBuild programs in underserved and rural areas: Provided further,
That of the amount provided under this paragraph, $4,000,000 shall be
set aside and made available for a grant to Youthbuild USA for capacity
building for community development and affordable housing activities as
specified in section 4 of the HUD Demonstration Act of 1993, as amended.
Of the amounts made available under this heading, $2,000,000 shall
be available to the Utah Housing Finance Agency for the temporary use of
relocatable housing during the 2002 Winter Olympic Games provided such
housing is targeted to the housing needs of low-income families after
the Games.
Of the amount made available under this heading, $292,000,000 shall
be available for grants for the Economic Development Initiative (EDI) to
finance a variety of targeted economic investments in accordance with
the terms and conditions specified in the statement of managers
accompanying this conference report.
For the cost of guaranteed loans, $29,000,000, as authorized by
section 108 of the Housing and Community Development Act of 1974:
Provided, That such costs, including the cost of modifying such loans,
shall be as defined in section 502 of the Congressional Budget Act of
1974, as amended: Provided further, That these funds are available to
subsidize total loan principal, any part of which is to be guaranteed,
not to exceed $1,261,000,000, notwithstanding any aggregate limitation
on outstanding obligations guaranteed in section 108(k) of the Housing
and Community Development Act of 1974: Provided further, That in
addition, for administrative expenses to carry out the guaranteed loan
program, $1,000,000, which shall be transferred to and merged with the
appropriation for ``Salaries and expenses''.
brownfields redevelopment
For Economic Development Grants, as authorized by section 108(q) of
the Housing and Community Development Act of 1974, as amended, for
Brownfields redevelopment projects, $25,000,000, to remain available
until expended: Provided, That the Secretary of Housing and Urban
Development shall make these grants available on a competitive basis as
specified in section 102 of the Department of Housing and Urban
Development Reform Act of 1989.
home investment partnerships program
(including transfer of funds)
For the HOME investment partnerships program, as authorized under
title II of the Cranston-Gonzalez National Affordable Housing Act, as
amended, $1,800,000,000 to remain available until expended: Provided,
That up to $20,000,000 of these funds shall be available for Housing
Counseling under section 106 of the Housing and Urban Development Act of
1968: Provided further, That $17,000,000 shall be transferred to the
Working Capital Fund for the development and maintenance of information
technology systems.
[[Page 114 STAT. 1441A-18]]
homeless assistance grants
(including transfer of funds)
For the emergency shelter grants program (as authorized under
subtitle B of title IV of the Stewart B. McKinney Homeless Assistance
Act, as amended); the supportive housing program (as authorized under
subtitle C of title IV of such Act); the section 8 moderate
rehabilitation single room occupancy program (as authorized under the
United States Housing Act of 1937, as amended) to assist homeless
individuals pursuant to section 441 of the Stewart B. McKinney Homeless
Assistance Act; and the shelter plus care program (as authorized under
subtitle F of title IV of such Act), $1,025,000,000, to remain available
until expended: Provided, That not less than 30 percent of these funds
shall be used for permanent housing, and all funding for services must
be matched by 25 percent in funding by each grantee: Provided further,
That all awards of assistance under this heading shall be required to
coordinate and integrate homeless programs with other mainstream health,
social services, and employment programs for which homeless populations
may be eligible, including Medicaid, State Children's Health Insurance
Program, Temporary Assistance for Needy Families, Food Stamps, and
services funding through the Mental Health and Substance Abuse Block
Grant, Workforce Investment Act, and the Welfare-to-Work grant program:
Provided further, That up to 1.5 percent of the funds appropriated under
this heading is transferred to the Working Capital Fund to be used for
technical assistance for management information systems and to develop
an automated, client-level Annual Performance Report System: Provided
further, That $500,000 shall be made available to the Interagency
Council on the Homeless for administrative needs.
shelter plus care renewals
For the renewal on an annual basis of contracts expiring during
fiscal years 2001 and 2002 under the Shelter Plus Care program, as
authorized under subtitle F of title IV of the Stewart B. McKinney
Homeless Assistance Act, as amended, $100,000,000, to remain available
until expended: Provided, That each Shelter Plus Care project with an
expiring contract shall be eligible for renewal only if the project is
determined to be needed under the applicable continuum of care and meets
appropriate program requirements and financial standards, as determined
by the Secretary.
Housing Programs
housing for special populations
(including transfer of funds)
For assistance for the purchase, construction, acquisition, or
development of additional public and subsidized housing units for low
income families not otherwise provided for, $996,000,000, to remain
available until expended: Provided, That $779,000,000 shall be for
capital advances, including amendments to capital advance contracts, for
housing for the elderly, as authorized by section 202 of the Housing Act
of 1959, as amended, and for project rental
[[Page 114 STAT. 1441A-19]]
assistance, and amendments to contracts for project rental assistance,
for the elderly under such section 202(c)(2), and for supportive
services associated with the housing, of which amount $50,000,000 shall
be for service coordinators and the continuation of existing congregate
service grants for residents of assisted housing projects and of which
amount $50,000,000 shall be for grants under section 202b of the Housing
Act of 1959 (12 U.S.C. 1701q-2) for conversion of eligible projects
under such section to assisted living or related use: Provided further,
That of the amount under this heading, $217,000,000 shall be for capital
advances, including amendments to capital advance contracts, for
supportive housing for persons with disabilities, as authorized by
section 811 of the Cranston-Gonzalez National Affordable Housing Act,
for project rental assistance, for amendments to contracts for project
rental assistance, and supportive services associated with the housing
for persons with disabilities as authorized by section 811 of such Act:
Provided further, That $1,000,000, to be divided evenly between the
appropriations for the section 202 and section 811 programs, shall be
transferred to the Working Capital Fund for the development and
maintenance of information technology systems: Provided further, That
the Secretary may designate up to 25 percent of the amounts earmarked
under this paragraph for section 811 of such Act for tenant-based
assistance, as authorized under that section, including such authority
as may be waived under the next proviso, which assistance is 5 years in
duration: Provided further, That the Secretary may waive any provision
of such section 202 and such section 811 (including the provisions
governing the terms and conditions of project rental assistance and
tenant-based assistance) that the Secretary determines is not necessary
to achieve the objectives of these programs, or that otherwise impedes
the ability to develop, operate, or administer projects assisted under
these programs, and may make provision for alternative conditions or
terms where appropriate.
flexible subsidy fund
(transfer of funds)
From the Rental Housing Assistance Fund, all uncommitted balances of
excess rental charges as of September 30, 2000, and any collections made
during fiscal year 2001, shall be transferred to the Flexible Subsidy
Fund, as authorized by section 236(g) of the National Housing Act, as
amended.
Federal Housing Administration
fha--mutual mortgage insurance program account
(including transfers of funds)
During fiscal year 2001, commitments to guarantee loans to carry out
the purposes of section 203(b) of the National Housing Act, as amended,
shall not exceed a loan principal of $160,000,000,000.
During fiscal year 2001, obligations to make direct loans to carry
out the purposes of section 204(g) of the National Housing Act, as
amended, shall not exceed $250,000,000: Provided, That
[[Page 114 STAT. 1441A-20]]
the foregoing amount shall be for loans to nonprofit and governmental
entities in connection with sales of single family real properties owned
by the Secretary and formerly insured under the Mutual Mortgage
Insurance Fund.
For administrative expenses necessary to carry out the guaranteed
and direct loan program, $330,888,000, of which not to exceed
$324,866,000 shall be transferred to the appropriation for ``Salaries
and expenses''; and not to exceed $4,022,000 shall be transferred to the
appropriation for ``Office of Inspector General''. In addition, for
administrative contract expenses, $160,000,000, of which $96,500,000
shall be transferred to the Working Capital Fund for the development and
maintenance of information technology systems: Provided, That to the
extent guaranteed loan commitments exceed $65,500,000,000 on or before
April 1, 2001 an additional $1,400 for administrative contract expenses
shall be available for each $1,000,000 in additional guaranteed loan
commitments (including a pro rata amount for any amount below
$1,000,000), but in no case shall funds made available by this proviso
exceed $16,000,000.
fha--general and special risk program account
(including transfers of funds)
For the cost of guaranteed loans, as authorized by sections 238 and
519 of the National Housing Act (12 U.S.C. 1715z-3 and 1735c), including
the cost of loan guarantee modifications (as that term is defined in
section 502 of the Congressional Budget Act of 1974, as amended),
$101,000,000, to remain available until expended: Provided, That these
funds are available to subsidize total loan principal, any part of which
is to be guaranteed, of up to $21,000,000,000: Provided further, That
any amounts made available in any prior appropriations Act for the cost
(as such term is defined in section 502 of the Congressional Budget Act
of 1974) of guaranteed loans that are obligations of the funds
established under section 238 or 519 of the National Housing Act that
have not been obligated or that are deobligated shall be available to
the Secretary of Housing and Urban Development in connection with the
making of such guarantees and shall remain available until expended,
notwithstanding the expiration of any period of availability otherwise
applicable to such amounts.
Gross obligations for the principal amount of direct loans, as
authorized by sections 204(g), 207(l), 238, and 519(a) of the National
Housing Act, shall not exceed $50,000,000; of which not to exceed
$30,000,000 shall be for bridge financing in connection with the sale of
multifamily real properties owned by the Secretary and formerly insured
under such Act; and of which not to exceed $20,000,000 shall be for
loans to nonprofit and governmental entities in connection with the sale
of single-family real properties owned by the Secretary and formerly
insured under such Act.
In addition, for administrative expenses necessary to carry out the
guaranteed and direct loan programs, $211,455,000, of which
$193,134,000, shall be transferred to the appropriation for ``Salaries
and expenses''; and of which $18,321,000 shall be transferred to the
appropriation for ``Office of Inspector General''. In addition, for
administrative contract expenses necessary to carry out the guaranteed
and direct loan programs, $144,000,000, of which $33,500,000 shall be
transferred to the Working Capital
[[Page 114 STAT. 1441A-21]]
Fund for the development and maintenance of information technology
systems: Provided, That to the extent guaranteed loan commitments exceed
$8,426,000,000 on or before April 1, 2001, an additional $19,800,000 for
administrative contract expenses shall be available for each $1,000,000
in additional guaranteed loan commitments over $8,426,000,000 (including
a pro rata amount for any increment below $1,000,000), but in no case
shall funds made available by this proviso exceed $14,400,000.
Government National Mortgage Association
guarantees of mortgage-backed securities loan guarantee program account
(including transfer of funds)
New commitments to issue guarantees to carry out the purposes of
section 306 of the National Housing Act, as amended (12 U.S.C. 1721(g)),
shall not exceed $200,000,000,000, to remain available until September
30, 2002.
For administrative expenses necessary to carry out the guaranteed
mortgage-backed securities program, $9,383,000 to be derived from the
GNMA guarantees of mortgage-backed securities guaranteed loan receipt
account, of which not to exceed $9,383,000 shall be transferred to the
appropriation for ``Salaries and expenses''.
Policy Development and Research
research and technology
For contracts, grants, and necessary expenses of programs of
research and studies relating to housing and urban problems, not
otherwise provided for, as authorized by title V of the Housing and
Urban Development Act of 1970, as amended (12 U.S.C. 1701z-1 et seq.),
including carrying out the functions of the Secretary under section
1(a)(1)(i) of Reorganization Plan No. 2 of 1968, $53,500,000, to remain
available until September 30, 2002: Provided, That of the amount
provided under this heading, $10,000,000 shall be for the Partnership
for Advancing Technology in Housing (PATH) Initiative: Provided further,
That $3,000,000 shall be for program evaluation to support strategic
planning, performance measurement, and their coordination with the
Department's budget process: Provided further, That $500,000, to remain
available until expended, shall be for a commission as established under
section 525 of Preserving Affordable Housing for Senior Citizens and
Families into the 21st Century Act.
Fair Housing and Equal Opportunity
fair housing activities
For contracts, grants, and other assistance, not otherwise provided
for, as authorized by title VIII of the Civil Rights Act of 1968, as
amended by the Fair Housing Amendments Act of 1988, and section 561 of
the Housing and Community Development Act of 1987, as amended,
$46,000,000, to remain available until September 30, 2002, of which
$24,000,000 shall be to carry out activities pursuant to such section
561: Provided, That no funds made available under this heading shall be
used to lobby the executive or
[[Page 114 STAT. 1441A-22]]
legislative branches of the Federal Government in connection with a
specific contract, grant or loan.
Office of Lead Hazard Control
lead hazard reduction
For the Lead Hazard Reduction Program, as authorized by sections
1011 and 1053 of the Residential Lead-Based Hazard Reduction Act of
1992, $100,000,000 to remain available until expended, of which
$1,000,000 shall be for CLEARCorps and $10,000,000 shall be for the
Healthy Homes Initiative, pursuant to sections 501 and 502 of the
Housing and Urban Development Act of 1970 that shall include research,
studies, testing, and demonstration efforts, including education and
outreach concerning lead-based paint poisoning and other housing-related
environmental diseases and hazards.
Management and Administration
salaries and expenses
(including transfers of funds)
For necessary administrative and non-administrative expenses of the
Department of Housing and Urban Development, not otherwise provided for,
including not to exceed $7,000 for official reception and representation
expenses, $1,072,000,000, of which $518,000,000 shall be provided from
the various funds of the Federal Housing Administration, $9,383,000
shall be provided from funds of the Government National Mortgage
Association, $1,000,000 shall be provided from the ``Community
development fund'' account, $150,000 shall be provided by transfer from
the ``Title VI Indian federal guarantees program'' account, and $200,000
shall be provided by transfer from the ``Indian housing loan guarantee
fund program'' account: Provided, That the Secretary is prohibited from
using any funds under this heading or any other heading in this Act from
employing more than 77 schedule C and 20 noncareer Senior Executive
Service employees: Provided further, That not more than $758,000,000
shall be made available to the personal services object class: Provided
further, That no less than $100,000,000 shall be transferred to the
Working Capital Fund for the development and maintenance of Information
Technology Systems: Provided further, That the Secretary shall fill 7
out of 10 vacancies at the GS-14 and GS-15 levels until the total number
of GS-14 and GS-15 positions in the Department has been reduced from the
number of GS-14 and GS-15 positions on the date of enactment of this
provision by 2\1/2\ percent: Provided further, That the Secretary shall
submit a staffing plan for the Department by May 15, 2001: Provided
further, That the Secretary is prohibited from using funds under this
heading or any other heading in this Act to employ more than 14
employees in the Office of Public Affairs or in any position in the
Department where the employee reports to an employee of the Office of
Public Affairs.
[[Page 114 STAT. 1441A-23]]
office of inspector general
For necessary expenses of the Office of Inspector General in
carrying out the Inspector General Act of 1978, as amended, $85,000,000,
of which $22,343,000 shall be provided from the various funds of the
Federal Housing Administration and $10,000,000 shall be provided from
the amount earmarked for Operation Safe Home in the appropriation for
``Drug elimination grants for low-income housing'': Provided, That the
Inspector General shall have independent authority over all personnel
issues within the Office of Inspector General.
Office of Federal Housing Enterprise Oversight
salaries and expenses
(including transfer of funds)
For carrying out the Federal Housing Enterprise Financial Safety and
Soundness Act of 1992, including not to exceed $500 for official
reception and representation expenses, $22,000,000, to remain available
until expended, to be derived from the Federal Housing Enterprise
Oversight Fund: Provided, That not to exceed such amount shall be
available from the general fund of the Treasury to the extent necessary
to incur obligations and make expenditures pending the receipt of
collections to the Fund: Provided further, That the general fund amount
shall be reduced as collections are received during the fiscal year so
as to result in a final appropriation from the general fund estimated at
not more than $0.
Administrative Provisions
financing adjustment factors
Sec. 201. Fifty percent of the amounts of budget authority, or in
lieu thereof 50 percent of the cash amounts associated with such budget
authority, that are recaptured from projects described in section
1012(a) of the Stewart B. McKinney Homeless Assistance Amendments Act of
1988 (Public Law 100-628; 102 Stat. 3224, 3268) shall be rescinded, or
in the case of cash, shall be remitted to the Treasury, and such amounts
of budget authority or cash recaptured and not rescinded or remitted to
the Treasury shall be used by State housing finance agencies or local
governments or local housing agencies with projects approved by the
Secretary of Housing and Urban Development for which settlement occurred
after January 1, 1992, in accordance with such section. Notwithstanding
the previous sentence, the Secretary may award up to 15 percent of the
budget authority or cash recaptured and not rescinded or remitted to the
Treasury to provide project owners with incentives to refinance their
project at a lower interest rate.
fair housing and free speech
Sec. 202. None of the amounts made available under this Act may be
used during fiscal year 2001 to investigate or prosecute under the Fair
Housing Act any otherwise lawful activity engaged in by one or more
persons, including the filing or maintaining of a non-frivolous legal
action, that is engaged in solely for the
[[Page 114 STAT. 1441A-24]]
purpose of achieving or preventing action by a Government official or
entity, or a court of competent jurisdiction.
housing opportunities for persons with aids grants
Sec. 203. (a) Eligibility.--Notwithstanding section 854(c)(1)(A) of
the AIDS Housing Opportunity Act (42 U.S.C. 12903(c)(1)(A)), from any
amounts made available under this title for fiscal year 2001 that are
allocated under such section, the Secretary of Housing and Urban
Development shall allocate and make a grant, in the amount determined
under subsection (b), for any State that--
(1) received an allocation in a prior fiscal year under
clause (ii) of such section; and
(2) is not otherwise eligible for an allocation for fiscal
year 2001 under such clause (ii) because the areas in the State
outside of the metropolitan statistical areas that qualify under
clause (i) in fiscal year 2001 do not have the number of cases
of acquired immunodeficiency syndrome required under such
clause.
(b) Amount.--The amount of the allocation and grant for any State
described in subsection (a) shall be an amount based on the cumulative
number of AIDS cases in the areas of that State that are outside of
metropolitan statistical areas that qualify under clause (i) of such
section 854(c)(1)(A) in fiscal year 2001, in proportion to AIDS cases
among cities and States that qualify under clauses (i) and (ii) of such
section and States deemed eligible under subsection (a).
(c) Environmental Review.--Section 856 of the Act is amended by
adding the following new subsection at the end:
``(h) Environmental Review.--For purposes of environmental review, a
grant under this subtitle shall be treated as assistance for a special
project that is subject to section 305(c) of the Multifamily Housing
Property Disposition Reform Act of 1994, and shall be subject to the
regulations issued by the Secretary to implement such section.''.
enhanced disposition authority
Sec. 204. Section 204 of the Departments of Veterans Affairs and
Housing and Urban Development, and Independent Agencies Appropriations
Act, 1997, is amended by striking ``and 2000'' and inserting ``2000, and
thereafter''.
maximum payment standard for enhanced vouchers
Sec. 205. Section 8(t)(1)(B) of the United States Housing Act of
1937 is amended by inserting ``and any other reasonable limit prescribed
by the Secretary'' immediately before the semicolon.
due process for homeless assistance
Sec. 206. None of the funds appropriated under this or any other Act
may be used by the Secretary of Housing and Urban Development to
prohibit or debar or in any way diminish the responsibilities of any
entity (and the individuals comprising that entity) that is responsible
for convening and managing a continuum of care process (convenor) in a
community for purposes of the Stewart B. McKinney Homeless Assistance
Act from participating in that capacity unless the Secretary has
published in the Federal
[[Page 114 STAT. 1441A-25]]
Register a description of all circumstances that would be grounds for
prohibiting or debarring a convenor from administering a continuum of
care process and the procedures for a prohibition or debarment:
Provided, That these procedures shall include a requirement that a
convenor shall be provided with timely notice of a proposed prohibition
or debarment, an identification of the circumstances that could result
in the prohibition or debarment, an opportunity to respond to or remedy
these circumstances, and the right for judicial review of any decision
of the Secretary that results in a prohibition or debarment.
hud reform act compliance
Sec. 207. Except as explicitly provided in legislation, any grant or
assistance made pursuant to title II of this Act shall be made in
accordance with section 102 of the Department of Housing and Urban
Development Reform Act of 1989 on a competitive basis.
expansion of environmental assumption authority for homeless assistance
programs
Sec. 208. Section 443 of the Stewart B. McKinney Homeless Assistance
Act is amended to read as follows:
``SEC. 443. ENVIRONMENTAL REVIEW.
``For purposes of environmental review, assistance and projects
under this title shall be treated as assistance for special projects
that are subject to section 305(c) of the Multifamily Housing Property
Disposition Reform Act of 1994, and shall be subject to the regulations
issued by the Secretary to implement such section.''.
technical amendments and corrections to the national housing act
Sec. 209. (a) Section 203 Subsection Designations.--Section 203 of
the National Housing Act is amended by--
(1) redesignating subsection (t) as subsection (u);
(2) redesignating subsection (s), as added by section 329 of
the Cranston-Gonzalez National Affordable Housing Act, as
subsection (t); and
(3) redesignating subsection (v), as added by section 504 of
the Housing and Community Development Act of 1992, as subsection
(w).
(b) Mortgage Auctions.--The first sentence of section
221(g)(4)(C)(viii) of the National Housing Act is amended by inserting
after ``December 31, 2002'' the following: ``, except that this
subparagraph shall continue to apply if the Secretary receives a
mortgagee's written notice of intent to assign its mortgage to the
Secretary on or before such date''.
(c) Mortgagee Review Board.--Section 202(c)(2) of the National
Housing Act is amended--
(1) in subparagraph (E), by striking ``and'';
(2) in subparagraph (F), by striking ``or their designees.''
and inserting ``and''; and
(3) by adding the following new subparagraph at the end:
``(G) the Director of the Enforcement Center; or
their designees.''.
[[Page 114 STAT. 1441A-26]]
indian housing block grant program
Sec. 210. Section 201(b) of the Native American Housing Assistance
and Self-Determination Act of 1996 is amended--
(1) by redesignating paragraphs (4) and (5) as paragraphs
(5) and (6) respectively; and
(2) by inserting after paragraph (3) the following new
paragraph:
``(4) Law enforcement officers.--Notwithstanding paragraph
(1), a recipient may provide housing or housing assistance
provided through affordable housing activities assisted with
grant amounts under this Act to a law enforcement officer on the
reservation or other Indian area, who is employed full-time by a
Federal, State, county or tribal government, and in implementing
such full-time employment is sworn to uphold, and make arrests
for violations of Federal, State, county or tribal law, if the
recipient determines that the presence of the law enforcement
officer on the Indian reservation or other Indian area may deter
crime.''.
prohibition on the use of federal assistance in support of the sale of
tobacco products
Sec. 211. None of the funds appropriated in this or any other Act
may be used by the Secretary of Housing and Urban Development to provide
any grant or other assistance to construct, operate, or otherwise
benefit a facility, or facility with a designated portion of that
facility, which sells, or intends to sell, predominantly cigarettes or
other tobacco products. For the purposes of this provision, predominant
sale of cigarettes or other tobacco products means cigarette or tobacco
sales representing more than 35 percent of the annual total in-store,
non-fuel, sales.
prohibition on implementation of puerto rico public housing
administration settlement agreement
Sec. 212. No funds may be used to implement the agreement between
the Commonwealth of Puerto Rico, the Puerto Rico Public Housing
Administration, and the Department of Housing and Urban Development,
dated June 7, 2000, related to the allocation of operating subsidies for
the Puerto Rico Public Housing Administration unless the Puerto Rico
Public Housing Administration and the Department of Housing and Urban
Development submit by December 31, 2000 a schedule of benchmarks and
measurable goals to the House and Senate Committees on Appropriations
designed to address issues of mismanagement and safeguards against fraud
and abuse.
hope vi grant for hollander ridge
Sec. 213. The Housing Authority of Baltimore City may use the grant
award of $20,000,000 made to such authority for development efforts at
Hollander Ridge in Baltimore, Maryland with funds appropriated for
fiscal year 1996 under the heading ``Public Housing Demolition, Site
Revitalization, and Replacement Housing Grants'' for use, as approved by
the Secretary of Housing and Urban Development--
(1) for activities related to the revitalization of the
Hollander Ridge site; and
[[Page 114 STAT. 1441A-27]]
(2) in accordance with section 24 of the United States
Housing Act of 1937.
computer access for public housing residents
Sec. 214. (a) Use of Public Housing Capital and Operating Funds.--
Section 9 of the United States Housing Act of 1937 is amended--
(1) in subsection (d)(1)(E), by inserting before the
semicolon the following: ``, including the establishment and
initial operation of computer centers in and around public
housing through a Neighborhood Networks initiative, for the
purpose of enhancing the self-sufficiency, employability, and
economic self-reliance of public housing residents by providing
them with onsite computer access and training resources'';
(2) in subsection (e)(1)--
(A) in subparagraph (I), by striking ``and'' at the
end;
(B) in subparagraph (J), by striking the period and
inserting ``; and''; and
(C) by adding after subparagraph (J) the following:
``(K) the costs of operating computer centers in
public housing through a Neighborhood Networks
initiative described in subsection (d)(1)(E), and of
activities related to that initiative.''; and
(3) in subsection (h)--
(A) in paragraph (6), by striking ``and'' at the
end;
(B) in paragraph (7), by striking the period and
inserting ``; and''; and
(C) by inserting after paragraph (7) the following:
``(8) assistance in connection with the establishment and
operation of computer centers in public housing through a
Neighborhood Networks initiative described in subsection
(d)(1)(E).''.
(b) Demolition, Site Revitalization, Replacement Housing, and
Tenant-Based Assistance Grants for Projects.--Section 24 of the United
States Housing Act of 1937 is amended--
(1) in subsection (d)(1)(G), by inserting before the
semicolon the following: ``, including a Neighborhood Networks
initiative for the establishment and operation of computer
centers in public housing for the purpose of enhancing the self-
sufficiency, employability, an economic self-reliance of public
housing residents by providing them with onsite computer access
and training resources''; and
(2) in subsection (m)(2), in the first sentence, by
inserting before the period the following: ``, including
assistance in connection with the establishment and operation of
computer centers in public housing through the Neighborhoods
Networks initiative described in subsection (d)(1)(G)''.
mark-to-market reform
Sec. 215. Notwithstanding any other provision of law, the properties
known as the Hawthornes in Independence, Missouri shall be considered
eligible multifamily housing projects for purposes of participating in
the multifamily housing restructuring program pursuant to title V of the
Departments of Veterans Affairs and Housing and Urban Development, and
Independent Agencies Appropriations Act, 1998 (Public Law 105-65).
[[Page 114 STAT. 1441A-28]]
section 236 excess income
Sec. 216. Section 236(g)(3)(A) of the National Housing Act is
amended by striking ``fiscal year 2000'' and inserting ``fiscal years
2000 and 2001''.
cdbg eligibility
Sec. 217. Section 102(a)(6)(D) of the Housing and Community
Development Act of 1974 is amended by--
(1) in clause (v), striking ``or'' at the end;
(2) in clause (vi), striking the period at the end; and
(3) adding at the end the following new clause:
``(vii)(I) has consolidated its government with one or more
municipal governments, such that within the county boundaries there are
no unincorporated areas; (II) has a population of not less than 650,000;
(III) for more than 10 years, has been classified as a metropolitan city
for purposes of allocating and distributing funds under section 106; and
(IV) as of the date of enactment of this clause, has over 90 percent of
the county's population within the jurisdiction of the consolidated
government; or
``(viii) notwithstanding any other provision of this section, any
county that was classified as an urban county pursuant to subparagraph
(A) for fiscal year 1999, at the option of the county, may hereafter
remain classified as an urban county for purposes of this Act.''.
exemption for alaska and mississippi from requirement of resident on
board of pha
Sec. 218. Public housing agencies in the States of Alaska and
Mississippi shall not be required to comply with section 2(b) of the
United States Housing Act of 1937, as amended, during fiscal year 2001.
use of moderate rehabilitation funds for home
Sec. 219. Notwithstanding any other provision of law, the Secretary
of Housing and Urban Development shall make the funds available under
contracts NY36K113004 and NY36K113005 of the Department of Housing and
Urban Development available for use under the HOME Investment
Partnerships Act and shall allocate such funds to the City of New
Rochelle, New York.
loma linda reprogramming
Sec. 220. Of the amounts made available under the sixth undesignated
paragraph under the heading ``Community Planning and Development--
Community Development Block Grants'' in title II of the Departments of
Veterans Affairs and Housing and Urban Development, and Independent
Agencies Appropriations Act, 1999 (Public Law 105-276) for the Economic
Development Initiative (EDI) for grants for targeted economic
investments, the $1,000,000 to be made available (pursuant to the
related provisions of the joint explanatory statement in the conference
report to accompany such Act (House Report 105-769)) to the City of Loma
Linda, California, for infrastructure improvements at Redlands Boulevard
and California Streets shall, notwithstanding such provisions, be
[[Page 114 STAT. 1441A-29]]
made available to the City for infrastructure improvements related to
the Mountain View Bridge.
native american eligibility for the ross program
Sec. 221. (a) Section 34 of the United States Housing Act of 1937 is
amended--
(1) in the heading, by striking ``PUBLIC HOUSING'' and
inserting ``PUBLIC AND INDIAN HOUSING'';
(2) in subsection (a)--
(A) by inserting after ``residents,'' the following:
``recipients under the Native American Housing
Assistance and Self-Determination Act of 1996
(notwithstanding section 502 of such Act) on behalf of
residents of housing assisted under such Act,''; and
(B) by inserting after ``public housing residents''
the second place it appears the following: ``and
residents of housing assisted under such Act'';
(3) in subsection (b)--
(A) by inserting after ``project'' the first place
it appears the following: ``or the property of a
recipient under such Act or housing assisted under such
Act'';
(B) by inserting after ``public housing residents''
the following: ``or residents of housing assisted under
such Act''; and
(C) in subsection (b)(1), by inserting after
``public housing project'' the following: ``or residents
of housing assisted under such Act''; and
(4) in subsection (d)(2), by striking ``State or local'' and
inserting ``State, local, or tribal''.
(b) Assessment and Report.--Section 538(b)(1) of the Quality Housing
and Work Responsibility Act of 1998 is amended by inserting after
``public housing'' the following: ``and housing assisted under the
Native American Housing Assistance and Self-Determination Act of 1996''.
treatment of expiring economic development initiative grants
Sec. 222. (a) Availability.--Section 220(a) of the Departments of
Veterans Affairs and Housing and Urban Development, and Independent
Agencies Appropriations Act, 2000 (Public Law 106-74; 113 Stat. 1075) is
amended by striking ``September 30, 2000'' and inserting ``September 30,
2001''.
(b) Applicability.--The Secretary of the Treasury and the Secretary
of Housing and Urban Development shall take such actions as may be
necessary to carry out such section 220 (as amended by this subsection
(a) of this section) notwithstanding any actions taken previously
pursuant to section 1552 of title 31, United States Code.
home program disaster funding for elderly housing
Sec. 223. Of the amounts made available under chapter IX of the
Supplemental Appropriations Act of 1993 for assistance under the HOME
investment partnerships program to the City of Homestead, Florida
(Public Law 103-50; 107 Stat. 262), up to $583,926.70 shall be made
available to Dade County, Florida, for use only
[[Page 114 STAT. 1441A-30]]
for rehabilitating housing for low-income elderly persons, and such
amount shall not be subject to the requirements of such program, except
for section 288 of the HOME Investment Partnerships Act (42 U.S.C.
12838).
cdbg public services cap
Sec. 224. Section 105(a)(8) of the Housing and Community Development
Act of 1974 is amended by striking ``1993'' and all that follows through
``City of Los Angeles'' and inserting ``1993 through 2001 to the City of
Los Angeles''.
extension of applicability of downpayment simplification provisions
Sec. 225. Subparagraph (A) of section 203(b)(10) of the National
Housing Act (12 U.S.C. 1709(b)(10)(A)) is amended, in the matter that
precedes clause (i), by striking ``mortgage'' and all that follows
through ``involving'' and inserting ``mortgage closed on or before
December 31, 2002, involving''.
use of supportive housing program funds for information systems
Sec. 226. Section 423 of the Stewart B. McKinney Homeless Assistance
Act is amended under subsection (a) by adding the following paragraph:
``(7) Management information system.--A grant for the costs
of implementing and operating management information systems for
purposes of collecting unduplicated counts of homeless people
and analyzing patterns of use of assistance funded under this
Act.''.
indian housing loan guarantee reform
Sec. 227. Section 184 of the Housing and Community Development Act
of 1992 is amended--
(1) in subsection (a), by striking ``or as a result of a
lack of access to private financial markets''; and
(2) in subsection (b)(2), by inserting ``refinance,'' after
``acquire,''.
use of section 8 vouchers for opt-outs
Sec. 228. Section 8(t)(2) of the United States Housing Act of 1937
is amended by inserting after ``contract for rental assistance under
section 8 of the United States Housing Act of 1937 for such housing
project'' the following: ``(including any such termination or expiration
during fiscal years after fiscal year 1996 prior to the effective date
of the Departments of Veterans Affairs and Housing and Urban
Development, and Independent Agencies Appropriations Act, 2001)''.
homeless discharge coordination policy
Sec. 229. (a) Discharge Coordination Policy.--Subtitle A of title IV
of the Stewart B. McKinney Homeless Assistance Act is amended by adding
at the end the following new section:
[[Page 114 STAT. 1441A-31]]
``SEC. 402. DISCHARGE COORDINATION POLICY.
``The Secretary may not provide a grant under this title for any
governmental entity serving as an applicant unless the applicant agrees
to develop and implement, to the maximum extent practicable and where
appropriate, policies and protocols for the discharge of persons from
publicly funded institutions or systems of care (such as health care
facilities, foster care or other youth facilities, or correction
programs and institutions) in order to prevent such discharge from
immediately resulting in homelessness for such persons.''.
(b) Assistance Under Emergency Shelter Grants Program.--Section
414(a)(4) of the Stewart B. McKinney Homeless Assistance Act is
amended--
(1) in the matter preceding subparagraph (A), by inserting a
comma after ``homelessness''; and
(2) by striking ``Not'' and inserting the following:
``Activities that are eligible for assistance under this
paragraph shall include assistance to very low-income families
who are discharged from publicly funded institutions or systems
of care (such as health care facilities, foster care or other
youth facilities, or correction programs and institutions).
Not''.
technical change to seniors housing commission
Sec. 230. Section 525 of the Preserving Affordable Housing for
Senior Citizens and Families into the 21st Century Act (42 U.S.C. 12701
note) is amended in subsection (a) by striking ``Commission on
Affordable Housing and Health Care Facility Needs in the 21st Century''
and inserting ``Commission on Affordable Housing and Health Facility
Needs for Seniors in the 21st Century''.
interagency council on the homeless reforms
Sec. 231. Title II of the Stewart B. McKinney Homeless Assistance
Act is amended--
(1) in section 202, under subsection (b) by inserting after
the period the following: ``The positions of Chairperson and
Vice Chairperson shall rotate among its members on an annual
basis.''; and
(2) in section 209 by striking ``1994'' and inserting
``2005''.
section 8 pha project-based assistance
Sec. 232. (a) In General.--Paragraph (13) of section 8(o) of the
United States Housing Act of 1937 (42 U.S.C. 1437f(o)(13)) is amended to
read as follows:
``(13) PHA project-based assistance.--
``(A) In general.--A public housing agency may use
amounts provided under an annual contributions contract
under this subsection to enter into a housing assistance
payment contract with respect to an existing, newly
constructed, or rehabilitated structure, that is
attached to the structure, subject to the limitations
and requirements of this paragraph.
``(B) Percentage limitation.--Not more than 20
percent of the funding available for tenant-based
assistance under this section that is administered by
the agency may be attached to structures pursuant to
this paragraph.
[[Page 114 STAT. 1441A-32]]
``(C) Consistency with pha plan and other goals.--A
public housing agency may approve a housing assistance
payment contract pursuant to this paragraph only if the
contract is consistent with--
``(i) the public housing agency plan for the
agency approved under section 5A; and
``(ii) the goal of deconcentrating poverty and
expanding housing and economic opportunities.
``(D) Income mixing requirement.--
``(i) In general.--Not more than 25 percent of
the dwelling units in any building may be assisted
under a housing assistance payment contract for
project-based assistance pursuant to this
paragraph.
``(ii) Exceptions.--The limitation under
clause (i) shall not apply in the case of
assistance under a contract for housing consisting
of single family properties or for dwelling units
that are specifically made available for
households comprised of elderly families, disabled
families, and families receiving supportive
services.
``(E) Resident choice requirement.--A housing
assistance payment contract pursuant to this paragraph
shall provide as follows:
``(i) Mobility.--Each low-income family
occupying a dwelling unit assisted under the
contract may move from the housing at any time
after the family has occupied the dwelling unit
for 12 months.
``(ii) Continued assistance.--Upon such a
move, the public housing agency shall provide the
low-income family with tenant-based rental
assistance under this section or such other
tenant-based rental assistance that is subject to
comparable income, assistance, rent contribution,
affordability, and other requirements, as the
Secretary shall provide by regulation. If such
rental assistance is not immediately available to
fulfill the requirement under the preceding
sentence with respect to a low-income family, such
requirement may be met by providing the family
priority to receive the next voucher or other
tenant-based rental assistance amounts that become
available under the program used to fulfill such
requirement.
``(F) Contract term.--A housing assistance payment
contract pursuant to this paragraph between a public
housing agency and the owner of a structure may have a
term of up to 10 years, subject to the availability of
sufficient appropriated funds for the purpose of
renewing expiring contracts for assistance payments, as
provided in appropriations Acts and in the agency's
annual contributions contract with the Secretary, and to
annual compliance with the inspection requirements under
paragraph (8), except that the agency shall not be
required to make annual inspections of each assisted
unit in the development. The contract may specify
additional conditions for its continuation. If the units
covered by the contract are owned by the agency, the
term of the contract shall be agreed upon by the agency
and the unit of general local government
[[Page 114 STAT. 1441A-33]]
or other entity approved by the Secretary in the manner
provided under paragraph (11).
``(G) Extension of contract term.--A public housing
agency may enter into a contract with the owner of a
structure assisted under a housing assistance payment
contract pursuant to this paragraph to extend the term
of the underlying housing assistance payment contract
for such period as the agency determines to be
appropriate to achieve long-term affordability of the
housing or to expand housing opportunities. Such a
contract shall provide that the extension of such term
shall be contingent upon the future availability of
appropriated funds for the purpose of renewing expiring
contracts for assistance payments, as provided in
appropriations Acts, and may obligate the owner to have
such extensions of the underlying housing assistance
payment contract accepted by the owner and the
successors in interest of the owner.
``(H) Rent calculation.--A housing assistance
payment contract pursuant to this paragraph shall
establish rents for each unit assisted in an amount that
does not exceed 110 percent of the applicable fair
market rental (or any exception payment standard
approved by the Secretary pursuant to paragraph (1)(D)),
except that if a contract covers a dwelling unit that
has been allocated low-income housing tax credits
pursuant to section 42 of the Internal Revenue Code of
1986 (26 U.S.C. 42) and is not located in a qualified
census tract (as such term is defined in subsection (d)
of such section 42), the rent for such unit may be
established at any level that does not exceed the rent
charged for comparable units in the building that also
receive the low-income housing tax credit but do not
have additional rental assistance. The rents established
by housing assistance payment contracts pursuant to this
paragraph may vary from the payment standards
established by the public housing agency pursuant to
paragraph (1)(B), but shall be subject to paragraph
(10)(A).
``(I) Rent adjustments.--A housing assistance
payments contract pursuant to this paragraph shall
provide for rent adjustments, except that--
``(i) the adjusted rent for any unit assisted
shall be reasonable in comparison with rents
charged for comparable dwelling units in the
private, unassisted, local market and may not
exceed the maximum rent permitted under
subparagraph (H); and
``(ii) the provisions of subsection (c)(2)(C)
shall not apply.
``(J) Tenant selection.--A public housing agency
shall select families to receive project-based
assistance pursuant to this paragraph from its waiting
list for assistance under this subsection. Eligibility
for such project-based assistance shall be subject to
the provisions of section 16(b) that apply to tenant-
based assistance. The agency may establish preferences
or criteria for selection for a unit assisted under this
paragraph that are consistent with the public housing
agency plan for the agency approved under section 5A.
Any family that rejects an offer of project-based
assistance under this paragraph or that is rejected for
admission
[[Page 114 STAT. 1441A-34]]
to a structure by the owner or manager of a structure
assisted under this paragraph shall retain its place on
the waiting list as if the offer had not been made. The
owner or manager of a structure assisted under this
paragraph shall not admit any family to a dwelling unit
assisted under a contract pursuant to this paragraph
other than a family referred by the public housing
agency from its waiting list. Subject to its waiting
list policies and selection preferences, a public
housing agency may place on its waiting list a family
referred by the owner or manager of a structure and may
maintain a separate waiting list for assistance under
this paragraph, but only if all families on the agency's
waiting list for assistance under this subsection are
permitted to place their names on the separate list.
``(K) Vacated units.--Notwithstanding paragraph (9),
a housing assistance payment contract pursuant to this
paragraph may provide as follows:
``(i) Payment for vacant units.--That the
public housing agency may, in its discretion,
continue to provide assistance under the contract,
for a reasonable period not exceeding 60 days, for
a dwelling unit that becomes vacant, but only: (I)
if the vacancy was not the fault of the owner of
the dwelling unit; and (II) the agency and the
owner take every reasonable action to minimize the
likelihood and extent of any such vacancy. Rental
assistance may not be provided for a vacant unit
after the expiration of such period.
``(ii) Reduction of contract.--That, if
despite reasonable efforts of the agency and the
owner to fill a vacant unit, no eligible family
has agreed to rent the unit within 120 days after
the owner has notified the agency of the vacancy,
the agency may reduce its housing assistance
payments contract with the owner by the amount
equivalent to the remaining months of subsidy
attributable to the vacant unit. Amounts
deobligated pursuant to such a contract provision
shall be available to the agency to provide
assistance under this subsection.
Eligible applicants for assistance under this subsection
may enforce provisions authorized by this
subparagraph.''.
(b) Applicability.--In the case of any dwelling unit that, upon the
date of the enactment of this Act, is assisted under a housing
assistance payment contract under section 8(o)(13) of the United States
Housing Act of 1937 (42 U.S.C. 1437f(o)(13)) as in effect before such
enactment, such assistance may be extended or renewed notwithstanding
the requirements under subparagraphs (C), (D), and (E) of such section
8(o)(13), as amended by subsection (a).
disposition of hud-held and hud-owned multifamily projects for the
elderly or disabled
Sec. 233. Notwithstanding any other provision of law, in managing
and disposing of any multifamily property that is owned or held by the
Secretary and is occupied primarily by elderly or disabled families, the
Secretary of Housing and Urban Development shall maintain any rental
assistance payments under section 8 of the United States Housing Act of
1937 that are attached to
[[Page 114 STAT. 1441A-35]]
any dwelling units in the property. To the extent the Secretary
determines that such a multifamily property owned or held by the
Secretary is not feasible for continued rental assistance payments under
such section 8, the Secretary may, in consultation with the tenants of
that property, contract for project-based rental assistance payments
with an owner or owners of other existing housing properties or provide
other rental assistance.
family unification program
Sec. 234. Section 8(x)(2) of the United States Housing Act of 1937
(42 U.S.C 1437f(x)(2)) is amended--
(1) by striking ``any family (A) who is otherwise eligible
for such assistance, and (B)'' and inserting ``(A) any family
(i) who is otherwise eligible for such assistance, and (ii)'';
and
(2) by inserting before the period at the end the following:
``and (B) for a period not to exceed 18 months, otherwise
eligible youths who have attained at least 18 years of age and
not more than 21 years of age and who have left foster care at
age 16 or older''.
permanent extension of fha multifamily mortgage credit demonstrations
Sec. 235. Section 542 of the Housing and Community Development Act
of 1992 (12 U.S.C. 1707 note) is amended--
(1) in subsection (a)--
(A) in the first sentence, by striking ``demonstrate
the effectiveness of providing'' and inserting
``provide''; and
(B) in the second sentence, by striking
``demonstration'' and inserting ``the'';
(2) in subsection (b)--
(A) in paragraph (1), by striking ``determine the
effectiveness of'' and inserting ``provide''; and
(B) by striking paragraph (5), and inserting the
following new paragraph:
``(5) Insurance authority.--Using any authority provided in
appropriation Acts to insure mortgages under the National
Housing Act, the Secretary may enter into commitments under this
subsection for risk-sharing units.'';
(3) in subsection (c)--
(A) in paragraph (1), by striking ``test the
effectiveness of'' and inserting ``provide''; and
(B) by striking paragraph (4) and inserting the
following new paragraph:
``(4) Insurance authority.--Using any authority provided in
appropriation Acts to insure mortgages under the National
Housing Act, the Secretary may enter into commitments under this
subsection for risk-sharing units.'';
(4) by striking subsection (d);
(5) by striking ``pilot'' and ``Pilot'' each place such
terms appear; and
(6) in the section heading, by striking ``demonstrations''
and inserting ``programs''.
[[Page 114 STAT. 1441A-36]]
TITLE III--INDEPENDENT AGENCIES
American Battle Monuments Commission
salaries and expenses
For necessary expenses, not otherwise provided for, of the American
Battle Monuments Commission, including the acquisition of land or
interest in land in foreign countries; purchases and repair of uniforms
for caretakers of national cemeteries and monuments outside of the
United States and its territories and possessions; rent of office and
garage space in foreign countries; purchase (one for replacement only)
and hire of passenger motor vehicles; and insurance of official motor
vehicles in foreign countries, when required by law of such countries,
$28,000,000, to remain available until expended.
Chemical Safety and Hazard Investigation Board
salaries and expenses
For necessary expenses in carrying out activities pursuant to
section 112(r)(6) of the Clean Air Act, including hire of passenger
vehicles, and for services authorized by 5 U.S.C. 3109, but at rates for
individuals not to exceed the per diem equivalent to the maximum rate
payable for senior level positions under 5 U.S.C. 5376, $7,500,000,
$5,000,000 of which to remain available until September 30, 2001 and
$2,500,000 of which to remain available until September 30, 2002:
Provided, That the Chemical Safety and Hazard Investigation Board shall
have not more than three career Senior Executive Service positions:
Provided further, That there shall be an Inspector General at the Board
who shall have the duties, responsibilities, and authorities specified
in the Inspector General Act of 1978, as amended: Provided further, That
an individual appointed to the position of Inspector General of the
Federal Emergency Management Agency (FEMA) shall, by virtue of such
appointment, also hold the position of Inspector General of the Board:
Provided further, That the Inspector General of the Board shall utilize
personnel of the Office of Inspector General of FEMA in performing the
duties of the Inspector General of the Board, and shall not appoint any
individuals to positions within the Board.
Department of the Treasury
Community Development Financial Institutions
community development financial institutions
fund program account
To carry out the Community Development Banking and Financial
Institutions Act of 1994, including services authorized by 5 U.S.C.
3109, but at rates for individuals not to exceed the per diem rate
equivalent to the rate for ES-3, $118,000,000, to remain available until
September 30, 2002, of which $5,000,000 shall be for technical
assistance and training programs designed to benefit Native American
Communities, and up to $8,750,000 may be used for administrative
expenses, up to $19,750,000 may be used for the cost of direct loans,
and up to $1,000,000 may be used for
[[Page 114 STAT. 1441A-37]]
administrative expenses to carry out the direct loan program: Provided,
That the cost of direct loans, including the cost of modifying such
loans, shall be as defined in section 502 of the Congressional Budget
Act of 1974: Provided further, That these funds are available to
subsidize gross obligations for the principal amount of direct loans not
to exceed $53,000,000.
Consumer Product Safety Commission
salaries and expenses
For necessary expenses of the Consumer Product Safety Commission,
including hire of passenger motor vehicles, services as authorized by 5
U.S.C. 3109, but at rates for individuals not to exceed the per diem
rate equivalent to the maximum rate payable under 5 U.S.C. 5376,
purchase of nominal awards to recognize non-Federal officials'
contributions to Commission activities, and not to exceed $500 for
official reception and representation expenses, $52,500,000.
Corporation for National and Community Service
national and community service programs
operating expenses
(including transfer and rescission of funds)
For necessary expenses for the Corporation for National and
Community Service (referred to in the matter under this heading as the
``Corporation'') in carrying out programs, activities, and initiatives
under the National and Community Service Act of 1990 (referred to in the
matter under this heading as the ``Act'') (42 U.S.C. 12501 et seq.),
$458,500,000, to remain available until September 30, 2002: Provided,
That not more than $31,000,000 shall be available for administrative
expenses authorized under section 501(a)(4) of the Act (42 U.S.C.
12671(a)(4)) with not less than $2,000,000 targeted for the acquisition
of a cost accounting system for the Corporation's financial management
system, an integrated grants management system that provides
comprehensive financial management information for all Corporation
grants and cooperative agreements, and the establishment, operation and
maintenance of a central archives serving as the repository for all
grant, cooperative agreement, and related documents, without regard to
the provisions of section 501(a)(4)(B) of the Act: Provided further,
That not more than $2,500 shall be for official reception and
representation expenses: Provided further, That not more than
$70,000,000, to remain available without fiscal year limitation, shall
be transferred to the National Service Trust account for educational
awards authorized under subtitle D of title I of the Act (42 U.S.C.
12601 et seq.), of which not to exceed $5,000,000 shall be available for
national service scholarships for high school students performing
community service: Provided further, That not more than $231,000,000 of
the amount provided under this heading shall be available for grants
under the National Service Trust program authorized under subtitle C of
title I of the Act (42 U.S.C. 12571 et seq.) (relating to activities
including the AmeriCorps program), of which not more than $45,000,000
may be used to administer, reimburse, or support any national service
program authorized
[[Page 114 STAT. 1441A-38]]
under section 121(d)(2) of such Act (42 U.S.C. 12581(d)(2)); and not
more than $25,000,000 may be made available to activities dedicated to
developing computer and information technology skills for students and
teachers in low-income communities: Provided further, That not more than
$10,000,000 of the funds made available under this heading shall be made
available for the Points of Light Foundation for activities authorized
under title III of the Act (42 U.S.C. 12661 et seq.): Provided further,
That no funds shall be available for national service programs run by
Federal agencies authorized under section 121(b) of such Act (42 U.S.C.
12571(b)): Provided further, That to the maximum extent feasible, funds
appropriated under subtitle C of title I of the Act shall be provided in
a manner that is consistent with the recommendations of peer review
panels in order to ensure that priority is given to programs that
demonstrate quality, innovation, replicability, and sustainability:
Provided further, That not more than $21,000,000 of the funds made
available under this heading shall be available for the Civilian
Community Corps authorized under subtitle E of title I of the Act (42
U.S.C. 12611 et seq.): Provided further, That not more than $43,000,000
shall be available for school-based and community-based service-learning
programs authorized under subtitle B of title I of the Act (42 U.S.C.
12521 et seq.): Provided further, That not more than $28,500,000 shall
be available for quality and innovation activities authorized under
subtitle H of title I of the Act (42 U.S.C. 12853 et seq.): Provided
further, That not more than $5,000,000 shall be available for audits and
other evaluations authorized under section 179 of the Act (42 U.S.C.
12639): Provided further, That to the maximum extent practicable, the
Corporation shall increase significantly the level of matching funds and
in-kind contributions provided by the private sector, shall expand
significantly the number of educational awards provided under subtitle D
of title I, and shall reduce the total Federal costs per participant in
all programs: Provided further, That of amounts available in the
National Service Trust account from previous appropriations Acts,
$30,000,000 shall be rescinded: Provided further, That not more than
$7,500,000 of the funds made available under this heading shall be made
available to America's Promise--The Alliance for Youth, Inc. only to
support efforts to mobilize individuals, groups, and organizations to
build and strengthen the character and competence of the Nation's youth:
Provided further, That not more than $5,000,000 of the funds made
available under this heading shall be made available to the Communities
In Schools, Inc. to support dropout prevention activities: Provided
further, That not more than $2,500,000 of the funds made available under
this heading shall be made available to the Parents as Teachers National
Center, Inc. to support childhood parent education and family support
activities: Provided further, That not more than $2,500,000 of the funds
made available under this heading shall be made available to the Boys
and Girls Clubs of America to establish an innovative outreach program
designed to meet the special needs of youth in public and Native
American housing communities: Provided further, That not more than
$1,500,000 of the funds made available under this heading shall be made
available to the Youth Life Foundation to meet the needs of children
living in insecure environments.
[[Page 114 STAT. 1441A-39]]
office of inspector general
For necessary expenses of the Office of Inspector General in
carrying out the Inspector General Act of 1978, as amended, $5,000,000,
which shall be available for obligation through September 30, 2002.
administrative provision
The Department of Veterans Affairs and Housing and Urban
Development, and Independent Agencies Appropriations Act, 2000 (Public
Law 106-74) is amended under the heading ``Corporation for National and
Community Service, National and Community Service Programs Operating
Expenses'' in title III by reducing to $229,000,000 the amount available
for grants under the National Service Trust program authorized under
subtitle C of title I of the National and Community Service Act of 1990
(the ``Act'') (with a corresponding reduction to $40,000,000 in the
amount that may be used to administer, reimburse, or support any
national service program authorized under section 121(d)(2) of the Act),
and by increasing to $33,500,000 the amount available for quality and
innovation activities authorized under subtitle H of title I of the Act,
with the increase in subtitle H funds made available to provide a grant
covering a period of 3 years to support the ``P.A.V.E. the Way'' project
described in House Report 106-379.
Court of Appeals for Veterans Claims
salaries and expenses
For necessary expenses for the operation of the United States Court
of Appeals for Veterans Claims as authorized by 38 U.S.C. 7251-7298,
$12,445,000, of which $895,000 shall be available for the purpose of
providing financial assistance as described, and in accordance with the
process and reporting procedures set forth, under this heading in Public
Law 102-229.
Department of Defense--Civil
Cemeterial Expenses, Army
salaries and expenses
For necessary expenses, as authorized by law, for maintenance,
operation, and improvement of Arlington National Cemetery and Soldiers'
and Airmen's Home National Cemetery, including the purchase of two
passenger motor vehicles for replacement only, and not to exceed $1,000
for official reception and representation expenses, $17,949,000, to
remain available until expended.
Department of Health and Human Services
National Institutes of Health
national institute of environmental health sciences
For necessary expenses for the National Institute of Environmental
Health Sciences in carrying out activities set forth in section
[[Page 114 STAT. 1441A-40]]
311(a) of the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980, as amended, $63,000,000.
Agency for Toxic Substances and Disease Registry
salaries and expenses
For necessary expenses for the Agency for Toxic Substances and
Disease Registry (ATSDR) in carrying out activities set forth in
sections 104(i), 111(c)(4), and 111(c)(14) of the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980
(CERCLA), as amended; section 118(f ) of the Superfund Amendments and
Reauthorization Act of 1986 (SARA), as amended; and section 3019 of the
Solid Waste Disposal Act, as amended, $75,000,000, to be derived from
the Hazardous Substance Superfund Trust Fund pursuant to section 517(a)
of SARA (26 U.S.C. 9507): Provided, That not withstanding any other
provision of law, in lieu of performing a health assessment under
section 104(i)(6) of CERCLA, the Administrator of ATSDR may conduct
other appropriate health studies, evaluations, or activities, including,
without limitation, biomedical testing, clinical evaluations, medical
monitoring, and referral to accredited health care providers: Provided
further, That in performing any such health assessment or health study,
evaluation, or activity, the Administrator of ATSDR shall not be bound
by the deadlines in section 104(i)(6)(A) of CERCLA: Provided further,
That none of the funds appropriated under this heading shall be
available for the Agency for Toxic Substances and Disease Registry to
issue in excess of 40 toxicological profiles pursuant to section 104(i)
of CERCLA during fiscal year 2001, and existing profiles may be updated
as necessary.
Environmental Protection Agency
science and technology
For science and technology, including research and development
activities, which shall include research and development activities
under the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980, as amended; necessary expenses for personnel and
related costs and travel expenses, including uniforms, or allowances
therefore, as authorized by 5 U.S.C. 5901-5902; services as authorized
by 5 U.S.C. 3109, but at rates for individuals not to exceed the per
diem rate equivalent to the maximum rate payable for senior level
positions under 5 U.S.C. 5376; procurement of laboratory equipment and
supplies; other operating expenses in support of research and
development; construction, alteration, repair, rehabilitation, and
renovation of facilities, not to exceed $75,000 per project,
$696,000,000, which shall remain available until September 30, 2002.
environmental programs and management
For environmental programs and management, including necessary
expenses, not otherwise provided for, for personnel and related costs
and travel expenses, including uniforms, or allowances therefore, as
authorized by 5 U.S.C. 5901-5902; services as authorized by 5 U.S.C.
3109, but at rates for individuals not to exceed the per diem rate
equivalent to the maximum rate payable for
[[Page 114 STAT. 1441A-41]]
senior level positions under 5 U.S.C. 5376; hire of passenger motor
vehicles; hire, maintenance, and operation of aircraft; purchase of
reprints; library memberships in societies or associations which issue
publications to members only or at a price to members lower than to
subscribers who are not members; construction, alteration, repair,
rehabilitation, and renovation of facilities, not to exceed $75,000 per
project; and not to exceed $6,000 for official reception and
representation expenses, $2,087,990,000, which shall remain available
until September 30, 2002: Provided, That none of the funds appropriated
by this Act shall be used to propose or issue rules, regulations,
decrees, or orders for the purpose of implementation, or in preparation
for implementation, of the Kyoto Protocol which was adopted on December
11, 1997, in Kyoto, Japan at the Third Conference of the Parties to the
United Nations Framework Convention on Climate Change, which has not
been submitted to the Senate for advice and consent to ratification
pursuant to article II, section 2, clause 2, of the United States
Constitution, and which has not entered into force pursuant to article
25 of the Protocol: Provided further, That none of the funds made
available in this Act may be used to implement or administer the interim
guidance issued on February 5, 1998, by the Environmental Protection
Agency relating to title VI of the Civil Rights Act of 1964 and
designated as the ``Interim Guidance for Investigating Title VI
Administrative Complaints Challenging Permits'' with respect to
complaints filed under such title after October 21, 1998, and until
guidance is finalized. Nothing in this proviso may be construed to
restrict the Environmental Protection Agency from developing or issuing
final guidance relating to title VI of the Civil Rights Act of 1964:
Provided further, That notwithstanding section 1412(b)(12)(A)(v) of the
Safe Drinking Water Act, as amended, the Administrator shall promulgate
a national primary drinking water regulation for arsenic not later than
June 22, 2001.
office of inspector general
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978, as
amended, and for construction, alteration, repair, rehabilitation, and
renovation of facilities, not to exceed $75,000 per project,
$34,094,000, to remain available until September 30, 2002.
buildings and facilities
For construction, repair, improvement, extension, alteration, and
purchase of fixed equipment or facilities of, or for use by, the
Environmental Protection Agency, $23,931,000, to remain available until
expended.
hazardous substance superfund
(including transfers of funds)
For necessary expenses to carry out the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (CERCLA), as amended,
including sections 111(c)(3), (c)(5), (c)(6), and (e)(4) (42 U.S.C.
9611), and for construction, alteration, repair, rehabilitation, and
renovation of facilities, not to exceed $75,000 per project;
$1,270,000,000 (of which $100,000,000 shall not become
[[Page 114 STAT. 1441A-42]]
available until September 1, 2001), to remain available until expended,
consisting of $635,000,000, as authorized by section 517(a) of the
Superfund Amendments and Reauthorization Act of 1986 (SARA), as amended
by Public Law 101-508, and $635,000,000 as a payment from general
revenues to the Hazardous Substance Superfund for purposes as authorized
by section 517(b) of SARA, as amended: Provided, That funds appropriated
under this heading may be allocated to other Federal agencies in
accordance with section 111(a) of CERCLA: Provided further, That of the
funds appropriated under this heading, $11,500,000 shall be transferred
to the ``Office of Inspector General'' appropriation to remain available
until September 30, 2002, and $36,500,000 shall be transferred to the
``Science and technology'' appropriation to remain available until
September 30, 2002.
leaking underground storage tank program
For necessary expenses to carry out leaking underground storage tank
cleanup activities authorized by section 205 of the Superfund Amendments
and Reauthorization Act of 1986, and for construction, alteration,
repair, rehabilitation, and renovation of facilities, not to exceed
$75,000 per project, $72,096,000, to remain available until expended.
oil spill response
For expenses necessary to carry out the Environmental Protection
Agency's responsibilities under the Oil Pollution Act of 1990,
$15,000,000, to be derived from the Oil Spill Liability trust fund, to
remain available until expended.
state and tribal assistance grants
For environmental programs and infrastructure assistance, including
capitalization grants for State revolving funds and performance
partnership grants, $3,628,740,000, to remain available until expended,
of which $1,350,000,000 shall be for making capitalization grants for
the Clean Water State Revolving Funds under title VI of the Federal
Water Pollution Control Act, as amended; $825,000,000 shall be for
capitalization grants for the Drinking Water State Revolving Funds under
section 1452 of the Safe Drinking Water Act, as amended, except that,
notwithstanding section 1452(n) of the Safe Drinking Water Act, as
amended, none of the funds made available under this heading in this
Act, or in previous appropriations Acts, shall be reserved by the
Administrator for health effects studies on drinking water contaminants;
$75,000,000 shall be for architectural, engineering, planning, design,
construction and related activities in connection with the construction
of high priority water and wastewater facilities in the area of the
United States-Mexico Border, after consultation with the appropriate
border commission; $35,000,000 shall be for grants to the State of
Alaska to address drinking water and wastewater infrastructure needs of
rural and Alaska Native Villages; $335,740,000 shall be for making
grants for the construction of wastewater and water treatment facilities
and groundwater protection infrastructure in accordance with the terms
and conditions specified for such grants in the conference report and
joint explanatory statement of the committee of conference accompanying
this
[[Page 114 STAT. 1441A-43]]
Act, except that, notwithstanding any other provision of law, of the
funds herein and hereafter appropriated under this heading for such
special needs infrastructure grants, the Administrator may use up to 3
percent of the amount of each project appropriated to administer the
management and oversight of construction of such projects through
contracts, allocation to the Corps of Engineers, or grants to States;
and $1,008,000,000 shall be for grants, including associated program
support costs, to States, federally recognized tribes, interstate
agencies, tribal consortia, and air pollution control agencies for
multi-media or single media pollution prevention, control and abatement
and related activities, including activities pursuant to the provisions
set forth under this heading in Public Law 104-134, and for making
grants under section 103 of the Clean Air Act for particulate matter
monitoring and data collection activities: Provided, That
notwithstanding section 603(d)(7) of the Federal Water Pollution Control
Act, as amended, the limitation on the amounts in a State water
pollution control revolving fund that may be used by a State to
administer the fund shall not apply to amounts included as principal in
loans made by such fund in fiscal year 2001 and prior years where such
amounts represent costs of administering the fund to the extent that
such amounts are or were deemed reasonable by the Administrator,
accounted for separately from other assets in the fund, and used for
eligible purposes of the fund, including administration: Provided
further, That for fiscal year 2001, and notwithstanding section 518(f )
of the Federal Water Pollution Control Act, as amended, the
Administrator is authorized to use the amounts appropriated for any
fiscal year under section 319 of that Act to make grants to Indian
tribes pursuant to section 319(h) and 518(e) of that Act: Provided
further, That for fiscal year 2001, notwithstanding the limitation on
amounts in section 518(c) of the Federal Water Pollution Control Act, as
amended, up to a total of 1\1/2\ percent of the funds appropriated for
State Revolving Funds under title VI of that Act may be reserved by the
Administrator for grants under section 518(c) of such Act: Provided
further, That no funds provided by this legislation to address the
water, wastewater and other critical infrastructure needs of the
colonias in the United States along the United States-Mexico border
shall be made available after June 1, 2001 to a county or municipal
government unless that government has established an enforceable local
ordinance, or other zoning rule, which prevents in that jurisdiction the
development or construction of any additional colonia areas, or the
development within an existing colonia the construction of any new home,
business, or other structure which lacks water, wastewater, or other
necessary infrastructure: Provided further, That notwithstanding any
other provision of law, all claims for principal and interest registered
through any current grant dispute or any other such dispute hereafter
filed by the Environmental Protection Agency relative to construction
grants numbers C-180840-01, C-180840-04, C-470319-03, and C-470319-04,
are hereby resolved in favor of the grantee: Provided further, That EPA,
in considering the local match for the $5,000,000 appropriated in fiscal
year 1999 for the City of Cumberland, Maryland, to separate and relocate
the city's combined sewer and stormwater system, shall take into account
non-Federal money spent by the City of Cumberland for combined sewer,
stormwater and wastewater treatment infrastructure on or after October
1, 1999, and that the
[[Page 114 STAT. 1441A-44]]
fiscal year 1999 and any subsequent funds may be used for any required
non-Federal share of the costs of projects funded by the Federal
Government under section 580 of Public Law 106-53.
administrative provisions
For fiscal year 2001 and thereafter, the obligated balances of sums
available in multiple-year appropriations accounts shall remain
available through the seventh fiscal year after their period of
availability has expired for liquidating obligations made during the
period of availability.
For fiscal year 2001, notwithstanding 31 U.S.C. 6303(1) and 6305(1),
the Administrator of the Environmental Protection Agency, in carrying
out the Agency's function to implement directly Federal environmental
programs required or authorized by law in the absence of an acceptable
tribal program, may award cooperative agreements to federally-recognized
Indian tribes or Intertribal consortia, if authorized by their member
Tribes, to assist the Administrator in implementing Federal
environmental programs for Indian Tribes required or authorized by law,
except that no such cooperative agreements may be awarded from funds
designated for State financial assistance agreements.
Section 176(c) of the Clean Air Act, as amended, is amended by
adding at the end the following new paragraph:
``(6) Notwithstanding paragraph 5, this subsection shall not
apply with respect to an area designated nonattainment under
section 107(d)(1) until 1 year after that area is first
designated nonattainment for a specific national ambient air
quality standard. This paragraph only applies with respect to
the national ambient air quality standard for which an area is
newly designated nonattainment and does not affect the area's
requirements with respect to all other national ambient air
quality standards for which the area is designated nonattainment
or has been redesignated from nonattainment to attainment with a
maintenance plan pursuant to section 175(A) (including any pre-
existing national ambient air quality standard for a pollutant
for which a new or revised standard has been issued).''.
Executive Office of the President
office of science and technology policy
For necessary expenses of the Office of Science and Technology
Policy, in carrying out the purposes of the National Science and
Technology Policy, Organization, and Priorities Act of 1976 (42 U.S.C.
6601 and 6671), hire of passenger motor vehicles, and services as
authorized by 5 U.S.C. 3109, not to exceed $2,500 for official reception
and representation expenses, and rental of conference rooms in the
District of Columbia, $5,201,000.
council on environmental quality and office of environmental quality
For necessary expenses to continue functions assigned to the Council
on Environmental Quality and Office of Environmental Quality pursuant to
the National Environmental Policy Act of 1969,
[[Page 114 STAT. 1441A-45]]
the Environmental Quality Improvement Act of 1970, and Reorganization
Plan No. 1 of 1977, $2,900,000: Provided, That, notwithstanding any
other provision of law, no funds other than those appropriated under
this heading shall be used for or by the Council on Environmental
Quality and Office of Environmental Quality: Provided further, That
notwithstanding section 202 of the National Environmental Policy Act of
1970, the Council shall consist of one member, appointed by the
President, by and with the advice and consent of the Senate, serving as
chairman and exercising all powers, functions, and duties of the
Council.
Federal Deposit Insurance Corporation
office of inspector general
(transfer of funds)
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978, as
amended, $33,660,000, to be derived from the Bank Insurance Fund, the
Savings Association Insurance Fund, and the FSLIC Resolution Fund.
Federal Emergency Management Agency
disaster relief
(including transfer of funds)
For necessary expenses in carrying out the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.),
$300,000,000, and, notwithstanding 42 U.S.C. 5203, to remain available
until expended, of which not to exceed $2,900,000 may be transferred to
``Emergency management planning and assistance'' for the consolidated
emergency management performance grant program; and up to $15,000,000
may be obligated for flood map modernization activities following
disaster declarations: Provided, That of the funds made available under
this heading in this and prior appropriations Acts and under section 404
of the Robert T. Stafford Disaster Relief and Emergency Assistance Act
to the State of Florida, $3,000,000 shall be for a hurricane mitigation
initiative in Miami-Dade County.
For an additional amount for ``Disaster relief'', $1,300,000,000, to
remain available until expended: Provided, That the entire amount is
designated by the Congress as an emergency requirement pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended: Provided further, That the entire
amount shall be available only to the extent that an official budget
request for a specific dollar amount, that includes designation of the
entire amount of the request as an emergency requirement as defined in
the Balanced Budget and Emergency Deficit Control Act of 1985, as
amended, is transmitted by the President to the Congress.
disaster assistance direct loan program account
For the cost of direct loans, $1,678,000, as authorized by section
319 of the Robert T. Stafford Disaster Relief and Emergency Assistance
Act: Provided, That such costs, including the cost of modifying
[[Page 114 STAT. 1441A-46]]
such loans, shall be as defined in section 502 of the Congressional
Budget Act of 1974, as amended: Provided further, That these funds are
available to subsidize gross obligations for the principal amount of
direct loans not to exceed $25,000,000.
In addition, for administrative expenses to carry out the direct
loan program, $427,000.
salaries and expenses
For necessary expenses, not otherwise provided for, including hire
and purchase of motor vehicles as authorized by 31 U.S.C. 1343;
uniforms, or allowances therefor, as authorized by 5 U.S.C. 5901-5902;
services as authorized by 5 U.S.C. 3109, but at rates for individuals
not to exceed the per diem rate equivalent to the maximum rate payable
for senior level positions under 5 U.S.C. 5376; expenses of attendance
of cooperating officials and individuals at meetings concerned with the
work of emergency preparedness; transportation in connection with the
continuity of Government programs to the same extent and in the same
manner as permitted the Secretary of a Military Department under 10
U.S.C. 2632; and not to exceed $2,500 for official reception and
representation expenses, $215,000,000.
office of inspector general
For necessary expenses of the Office of Inspector General in
carrying out the Inspector General Act of 1978, as amended, $10,000,000:
Provided, That notwithstanding any other provision of law, the Inspector
General of the Federal Emergency Management Agency shall also serve as
the Inspector General of the Chemical Safety and Hazard Investigation
Board.
emergency management planning and assistance
For necessary expenses, not otherwise provided for, to carry out
activities under the National Flood Insurance Act of 1968, as amended,
and the Flood Disaster Protection Act of 1973, as amended (42 U.S.C.
4001 et seq.), the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.), the Earthquake Hazards
Reduction Act of 1977, as amended (42 U.S.C. 7701 et seq.), the Federal
Fire Prevention and Control Act of 1974, as amended (15 U.S.C. 2201 et
seq.), the Defense Production Act of 1950, as amended (50 U.S.C. App.
2061 et seq.), sections 107 and 303 of the National Security Act of
1947, as amended (50 U.S.C. 404-405), and Reorganization Plan No. 3 of
1978, $269,652,000: Provided, That for purposes of pre-disaster
mitigation pursuant to 42 U.S.C. 5131(b) and (c) and 42 U.S.C. 5196(e)
and (i), $25,000,000 of the funds made available under this heading
shall be available until expended for project grants.
radiological emergency preparedness fund
The aggregate charges assessed during fiscal year 2001, as
authorized by Public Law 106-74, shall not be less than 100 percent of
the amounts anticipated by FEMA necessary for its radiological emergency
preparedness program for the next fiscal year. The methodology for
assessment and collection of fees shall be fair and
[[Page 114 STAT. 1441A-47]]
equitable; and shall reflect costs of providing such services, including
administrative costs of collecting such fees. Fees received pursuant to
this section shall be deposited in the Fund as offsetting collections
and will become available for authorized purposes on October 1, 2001,
and remain available until expended.
emergency food and shelter program
To carry out an emergency food and shelter program pursuant to title
III of Public Law 100-77, as amended, $140,000,000, to remain available
until expended: Provided, That total administrative costs shall not
exceed 3\1/2\ percent of the total appropriation.
national flood insurance fund
(including transfer of funds)
For activities under the National Flood Insurance Act of 1968, the
Flood Disaster Protection Act of 1973, as amended, not to exceed
$25,736,000 for salaries and expenses associated with flood mitigation
and flood insurance operations, and not to exceed $77,307,000 for flood
mitigation, including up to $20,000,000 for expenses under section 1366
of the National Flood Insurance Act, which amount shall be available for
transfer to the National Flood Mitigation Fund until September 30, 2002.
In fiscal year 2001, no funds in excess of: (1) $55,000,000 for
operating expenses; (2) $455,627,000 for agents' commissions and taxes;
and (3) $40,000,000 for interest on Treasury borrowings shall be
available from the National Flood Insurance Fund without prior notice to
the Committees on Appropriations.
In addition, up to $17,730,000 in fees collected but unexpended
during fiscal years 1994 through 1998 shall be transferred to the Flood
Map Modernization Fund and available for expenditure in fiscal year
2001.
Section 1309(a)(2) of the National Flood Insurance Act of 1968 (42
U.S.C. 4016(a)(2)), as amended by Public Law 104-208, is further amended
by striking ``September 30, 2000'' and inserting ``December 31, 2001''.
The first sentence of section 1376(c) of the National Flood
Insurance Act of 1968, as amended (42 U.S.C. 4127(c)), is amended by
striking ``September 30, 2000'' and inserting ``December 31, 2001''.
national flood mitigation fund
(including transfer of funds)
Notwithstanding sections 1366(b)(3)(B)-(C) and 1366(f ) of the
National Flood Insurance Act of 1968, as amended, $20,000,000 to remain
available until September 30, 2002, for activities designed to reduce
the risk of flood damage to structures pursuant to such Act, of which
$20,000,000 shall be derived from the National Flood Insurance Fund.
[[Page 114 STAT. 1441A-48]]
General Services Administration
federal consumer information center fund
For necessary expenses of the Federal Consumer Information Center,
including services authorized by 5 U.S.C. 3109, $7,122,000, to be
deposited into the Federal Consumer Information Center Fund: Provided,
That the appropriations, revenues, and collections deposited into the
Fund shall be available for necessary expenses of Federal Consumer
Information Center activities in the aggregate amount of $12,000,000.
Appropriations, revenues, and collections accruing to this Fund during
fiscal year 2001 in excess of $12,000,000 shall remain in the Fund and
shall not be available for expenditure except as authorized in
appropriations Acts.
National Aeronautics and Space Administration
human space flight
For necessary expenses, not otherwise provided for, in the conduct
and support of human space flight research and development activities,
including research, development, operations, and services; maintenance;
construction of facilities including revitalization and modification of
facilities, construction of new facilities and additions to existing
facilities, facility planning and design, and acquisition or
condemnation of real property, as authorized by law; space flight,
spacecraft control and communications activities including operations,
production, and services; and purchase, lease, charter, maintenance and
operation of mission and administrative aircraft, $5,462,900,000, to
remain available until September 30, 2002.
science, aeronautics and technology
For necessary expenses, not otherwise provided for, in the conduct
and support of science, aeronautics and technology research and
development activities, including research, development, operations, and
services; maintenance; construction of facilities including
revitalization, and modification of facilities, construction of new
facilities and additions to existing facilities, facility planning and
design, and acquisition or condemnation of real property, as authorized
by law; space flight, spacecraft control and communications activities
including operations, production, and services; and purchase, lease,
charter, maintenance and operation of mission and administrative
aircraft, $6,190,700,000, to remain available until September 30, 2002.
mission support
For necessary expenses, not otherwise provided for, in carrying out
mission support for human space flight programs and science,
aeronautical, and technology programs, including research operations and
support; maintenance; construction of facilities including
revitalization and modification of facilities, construction of new
facilities and additions to existing facilities, facility planning and
design, environmental compliance and restoration, and acquisition or
condemnation of real property, as authorized by law; program management;
personnel and related costs, including uniforms or
[[Page 114 STAT. 1441A-49]]
allowances therefor, as authorized by 5 U.S.C. 5901-5902; travel
expenses; purchase, lease, charter, maintenance, and operation of
mission and administrative aircraft; not to exceed $40,000 for official
reception and representation expenses; and purchase (not to exceed 33
for replacement only) and hire of passenger motor vehicles,
$2,608,700,000 to remain available until September 30, 2002.
office of inspector general
For necessary expenses of the Office of Inspector General in
carrying out the Inspector General Act of 1978, as amended, $23,000,000.
administrative provisions
Notwithstanding the limitation on the availability of funds
appropriated for ``Human space flight'', ``Science, aeronautics and
technology'', or ``Mission support'' by this appropriations Act, when
any activity has been initiated by the incurrence of obligations for
construction of facilities as authorized by law, such amount available
for such activity shall remain available until expended. This provision
does not apply to the amounts appropriated in ``Mission support''
pursuant to the authorization for minor revitalization and construction
of facilities, and facility planning and design.
Notwithstanding the limitation on the availability of funds
appropriated for ``Human space flight'', ``Science, aeronautics and
technology'', or ``Mission support'' by this appropriations Act, the
amounts appropriated for construction of facilities shall remain
available until September 30, 2003.
Notwithstanding the limitation on the availability of funds
appropriated for ``Mission support'' and ``Office of Inspector
General'', amounts made available by this Act for personnel and related
costs and travel expenses of the National Aeronautics and Space
Administration shall remain available until September 30, 2001 and may
be used to enter into contracts for training, investigations, costs
associated with personnel relocation, and for other services, to be
provided during the next fiscal year. Funds for announced prizes
otherwise authorized shall remain available, without fiscal year
limitation, until the prize is claimed or the offer is withdrawn.
Unless otherwise provided for in this Act or in the joint
explanatory statement of the committee of conference accompanying this
Act, no part of the funds appropriated for ``Human space flight'' may be
used for the development of the International Space Station in excess of
the amounts set forth in the budget estimates submitted as part of the
budget request for fiscal year 2001.
No funds in this or any other appropriations Act may be used to
finalize an agreement prior to December 1, 2001 between NASA and a
nongovernment organization to conduct research utilization and
commercialization management activities of the International Space
Station.
[[Page 114 STAT. 1441A-50]]
National Credit Union Administration
central liquidity facility
(including transfer of funds)
During fiscal year 2001, gross obligations of the Central Liquidity
Facility for the principal amount of new direct loans to member credit
unions, as authorized by 12 U.S.C. 1795 et seq., shall not exceed
$1,500,000,000: Provided, That administrative expenses of the Central
Liquidity Facility shall not exceed $296,303: Provided further, That
$1,000,000 shall be transferred to the Community Development Revolving
Loan Fund, of which $650,000, together with amounts of principal and
interest on loans repaid, shall be available until expended for loans to
community development credit unions, and $350,000 shall be available
until expended for technical assistance to low-income and community
development credit unions.
National Science Foundation
research and related activities
For necessary expenses in carrying out the National Science
Foundation Act of 1950, as amended (42 U.S.C. 1861-1875), and the Act to
establish a National Medal of Science (42 U.S.C. 1880-1881); services as
authorized by 5 U.S.C. 3109; authorized travel; maintenance and
operation of aircraft and purchase of flight services for research
support; acquisition of aircraft; $3,350,000,000, of which not to exceed
$275,592,000 shall remain available until expended for Polar research
and operations support, and for reimbursement to other Federal agencies
for operational and science support and logistical and other related
activities for the United States Antarctic program; the balance to
remain available until September 30, 2002: Provided, That receipts for
scientific support services and materials furnished by the National
Research Centers and other National Science Foundation supported
research facilities may be credited to this appropriation: Provided
further, That to the extent that the amount appropriated is less than
the total amount authorized to be appropriated for included program
activities, all amounts, including floors and ceilings, specified in the
authorizing Act for those program activities or their subactivities
shall be reduced proportionally: Provided further, That $65,000,000 of
the funds available under this heading shall be made available for a
comprehensive research initiative on plant genomes for economically
significant crops: Provided further, That no funds in this or any other
Act shall be used to acquire or lease a research vessel with ice-
breaking capability built or retrofitted by a shipyard located in a
foreign country if such a vessel of United States origin can be obtained
at a cost no more than 50 per centum above that of the least expensive
technically acceptable foreign vessel bid: Provided further, That, in
determining the cost of such a vessel, such cost be increased by the
amount of any subsidies or financing provided by a foreign government
(or instrumentality thereof ) to such vessel's construction: Provided
further, That if the vessel contracted for pursuant to the foregoing is
not available for the 2002-2003 austral summer Antarctic season, a
vessel of any origin may be leased for a period of not to exceed 120
days
[[Page 114 STAT. 1441A-51]]
for that season and each season thereafter until delivery of the new
vessel.
major research equipment
For necessary expenses of major construction projects pursuant to
the National Science Foundation Act of 1950, as amended, including
authorized travel, $121,600,000, to remain available until expended.
education and human resources
For necessary expenses in carrying out science and engineering
education and human resources programs and activities pursuant to the
National Science Foundation Act of 1950, as amended (42 U.S.C. 1861-
1875), including services as authorized by 5 U.S.C. 3109, authorized
travel, and rental of conference rooms in the District of Columbia,
$787,352,000, to remain available until September 30, 2002: Provided,
That to the extent that the amount of this appropriation is less than
the total amount authorized to be appropriated for included program
activities, all amounts, including floors and ceilings, specified in the
authorizing Act for those program activities or their subactivities
shall be reduced proportionally: Provided further, That $10,000,000
shall be available for the Office of Innovation Partnerships.
salaries and expenses
For salaries and expenses necessary in carrying out the National
Science Foundation Act of 1950, as amended (42 U.S.C. 1861-1875);
services authorized by 5 U.S.C. 3109; hire of passenger motor vehicles;
not to exceed $9,000 for official reception and representation expenses;
uniforms or allowances therefor, as authorized by 5 U.S.C. 5901-5902;
rental of conference rooms in the District of Columbia; reimbursement of
the General Services Administration for security guard services;
$160,890,000: Provided, That contracts may be entered into under
``Salaries and expenses'' in fiscal year 2001 for maintenance and
operation of facilities, and for other services, to be provided during
the next fiscal year.
office of inspector general
For necessary expenses of the Office of Inspector General as
authorized by the Inspector General Act of 1978, as amended, $6,280,000,
to remain available until September 30, 2002.
Neighborhood Reinvestment Corporation
payment to the neighborhood reinvestment corporation
For payment to the Neighborhood Reinvestment Corporation for use in
neighborhood reinvestment activities, as authorized by the Neighborhood
Reinvestment Corporation Act (42 U.S.C. 8101-8107), $90,000,000, of
which $5,000,000 shall be for a homeownership program that is used in
conjunction with section 8 assistance under the United States Housing
Act of 1937: Provided, That of the amount made available, $2,500,000
shall be for an endowment to establish the George Knight Scholarship
Fund for the Neighborhood Reinvestment Training Institute.
[[Page 114 STAT. 1441A-52]]
Selective Service System
salaries and expenses
For necessary expenses of the Selective Service System, including
expenses of attendance at meetings and of training for uniformed
personnel assigned to the Selective Service System, as authorized by 5
U.S.C. 4101-4118 for civilian employees; and not to exceed $1,000 for
official reception and representation expenses; $24,480,000: Provided,
That during the current fiscal year, the President may exempt this
appropriation from the provisions of 31 U.S.C. 1341, whenever he deems
such action to be necessary in the interest of national defense:
Provided further, That none of the funds appropriated by this Act may be
expended for or in connection with the induction of any person into the
Armed Forces of the United States.
TITLE IV--GENERAL PROVISIONS
Sec. 401. Where appropriations in titles I, II, and III of this Act
are expendable for travel expenses and no specific limitation has been
placed thereon, the expenditures for such travel expenses may not exceed
the amounts set forth therefore in the budget estimates submitted for
the appropriations: Provided, That this provision does not apply to
accounts that do not contain an object classification for travel:
Provided further, That this section shall not apply to travel performed
by uncompensated officials of local boards and appeal boards of the
Selective Service System; to travel performed directly in connection
with care and treatment of medical beneficiaries of the Department of
Veterans Affairs; to travel performed in connection with major disasters
or emergencies declared or determined by the President under the
provisions of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act; to travel performed by the Offices of Inspector General
in connection with audits and investigations; or to payments to
interagency motor pools where separately set forth in the budget
schedules: Provided further, That if appropriations in titles I, II, and
III exceed the amounts set forth in budget estimates initially submitted
for such appropriations, the expenditures for travel may correspondingly
exceed the amounts therefore set forth in the estimates in the same
proportion.
Sec. 402. Appropriations and funds available for the administrative
expenses of the Department of Housing and Urban Development and the
Selective Service System shall be available in the current fiscal year
for purchase of uniforms, or allowances therefor, as authorized by 5
U.S.C. 5901-5902; hire of passenger motor vehicles; and services as
authorized by 5 U.S.C. 3109.
Sec. 403. Funds of the Department of Housing and Urban Development
subject to the Government Corporation Control Act or section 402 of the
Housing Act of 1950 shall be available, without regard to the
limitations on administrative expenses, for legal services on a contract
or fee basis, and for utilizing and making payment for services and
facilities of Federal National Mortgage Association, Government National
Mortgage Association, Federal Home Loan Mortgage Corporation, Federal
Financing Bank, Federal Reserve banks or any member thereof, Federal
Home Loan banks, and any insured bank within the meaning of the Federal
Deposit Insurance Corporation Act, as amended (12 U.S.C. 1811-1831).
[[Page 114 STAT. 1441A-53]]
Sec. 404. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 405. No funds appropriated by this Act may be expended--
(1) pursuant to a certification of an officer or employee of
the United States unless--
(A) such certification is accompanied by, or is part
of, a voucher or abstract which describes the payee or
payees and the items or services for which such
expenditure is being made; or
(B) the expenditure of funds pursuant to such
certification, and without such a voucher or abstract,
is specifically authorized by law; and
(2) unless such expenditure is subject to audit by the
General Accounting Office or is specifically exempt by law from
such audit.
Sec. 406. None of the funds provided in this Act to any department
or agency may be expended for the transportation of any officer or
employee of such department or agency between their domicile and their
place of employment, with the exception of any officer or employee
authorized such transportation under 31 U.S.C. 1344 or 5 U.S.C. 7905.
Sec. 407. None of the funds provided in this Act may be used for
payment, through grants or contracts, to recipients that do not share in
the cost of conducting research resulting from proposals not
specifically solicited by the Government: Provided, That the extent of
cost sharing by the recipient shall reflect the mutuality of interest of
the grantee or contractor and the Government in the research.
Sec. 408. None of the funds in this Act may be used, directly or
through grants, to pay or to provide reimbursement for payment of the
salary of a consultant (whether retained by the Federal Government or a
grantee) at more than the daily equivalent of the rate paid for level IV
of the Executive Schedule, unless specifically authorized by law.
Sec. 409. None of the funds provided in this Act shall be used to
pay the expenses of, or otherwise compensate, non-Federal parties
intervening in regulatory or adjudicatory proceedings. Nothing herein
affects the authority of the Consumer Product Safety Commission pursuant
to section 7 of the Consumer Product Safety Act (15 U.S.C. 2056 et
seq.).
Sec. 410. Except as otherwise provided under existing law, or under
an existing Executive order issued pursuant to an existing law, the
obligation or expenditure of any appropriation under this Act for
contracts for any consulting service shall be limited to contracts which
are: (1) a matter of public record and available for public inspection;
and (2) thereafter included in a publicly available list of all
contracts entered into within 24 months prior to the date on which the
list is made available to the public and of all contracts on which
performance has not been completed by such date. The list required by
the preceding sentence shall be updated quarterly and shall include a
narrative description of the work to be performed under each such
contract.
Sec. 411. Except as otherwise provided by law, no part of any
appropriation contained in this Act shall be obligated or expended by
any executive agency, as referred to in the Office of Federal
Procurement Policy Act (41 U.S.C. 401 et seq.), for
[[Page 114 STAT. 1441A-54]]
a contract for services unless such executive agency: (1) has awarded
and entered into such contract in full compliance with such Act and the
regulations promulgated thereunder; and (2) requires any report prepared
pursuant to such contract, including plans, evaluations, studies,
analyses and manuals, and any report prepared by the agency which is
substantially derived from or substantially includes any report prepared
pursuant to such contract, to contain information concerning: (A) the
contract pursuant to which the report was prepared; and (B) the
contractor who prepared the report pursuant to such contract.
Sec. 412. Except as otherwise provided in section 406, none of the
funds provided in this Act to any department or agency shall be
obligated or expended to provide a personal cook, chauffeur, or other
personal servants to any officer or employee of such department or
agency.
Sec. 413. None of the funds provided in this Act to any department
or agency shall be obligated or expended to procure passenger
automobiles as defined in 15 U.S.C. 2001 with an EPA estimated miles per
gallon average of less than 22 miles per gallon.
Sec. 414. None of the funds appropriated in title I of this Act
shall be used to enter into any new lease of real property if the
estimated annual rental is more than $300,000 unless the Secretary
submits, in writing, a report to the Committees on Appropriations of the
Congress and a period of 30 days has expired following the date on which
the report is received by the Committees on Appropriations.
Sec. 415. (a) It is the sense of the Congress that, to the greatest
extent practicable, all equipment and products purchased with funds made
available in this Act should be American-made.
(b) In providing financial assistance to, or entering into any
contract with, any entity using funds made available in this Act, the
head of each Federal agency, to the greatest extent practicable, shall
provide to such entity a notice describing the statement made in
subsection (a) by the Congress.
Sec. 416. None of the funds appropriated in this Act may be used to
implement any cap on reimbursements to grantees for indirect costs,
except as published in Office of Management and Budget Circular A-21.
Sec. 417. Such sums as may be necessary for fiscal year 2001 pay
raises for programs funded by this Act shall be absorbed within the
levels appropriated in this Act.
Sec. 418. None of the funds made available in this Act may be used
for any program, project, or activity, when it is made known to the
Federal entity or official to which the funds are made available that
the program, project, or activity is not in compliance with any Federal
law relating to risk assessment, the protection of private property
rights, or unfunded mandates.
Sec. 419. Corporations and agencies of the Department of Housing and
Urban Development which are subject to the Government Corporation
Control Act, as amended, are hereby authorized to make such
expenditures, within the limits of funds and borrowing authority
available to each such corporation or agency and in accord with law, and
to make such contracts and commitments without regard to fiscal year
limitations as provided by section 104 of the Act as may be necessary in
carrying out the programs set forth in the budget for 2001 for such
corporation or agency except
[[Page 114 STAT. 1441A-55]]
as hereinafter provided: Provided, That collections of these
corporations and agencies may be used for new loan or mortgage purchase
commitments only to the extent expressly provided for in this Act
(unless such loans are in support of other forms of assistance provided
for in this or prior appropriations Acts), except that this proviso
shall not apply to the mortgage insurance or guaranty operations of
these corporations, or where loans or mortgage purchases are necessary
to protect the financial interest of the United States Government.
Sec. 420. Notwithstanding section 320(g) of the Federal Water
Pollution Control Act (33 U.S.C. 1330(g)), funds made available pursuant
to authorization under such section for fiscal year 2001 may be used for
implementing comprehensive conservation and management plans.
Sec. 421. Notwithstanding any other provision of law, the term
``qualified student loan'' with respect to national service education
awards shall mean any loan made directly to a student by the Alaska
Commission on Postsecondary Education, in addition to other meanings
under section 148(b)(7) of the National and Community Service Act.
Sec. 422. Unless otherwise provided for in this Act, no part of any
appropriation for the Department of Housing and Urban Development shall
be available for any activity in excess of amounts set forth in the
budget estimates submitted to the Congress.
Sec. 423. None of the funds appropriated or otherwise made available
by this Act shall be used to promulgate a final regulation to implement
changes in the payment of pesticide tolerance processing fees as
proposed at 64 Fed. Reg. 31040, or any similar proposals. The
Environmental Protection Agency may proceed with the development of such
a rule.
Sec. 424. Except in the case of entities that are funded solely with
Federal funds or any natural persons that are funded under this Act,
none of the funds in this Act shall be used for the planning or
execution of any program to pay the expenses of, or otherwise
compensate, non-Federal parties to lobby or litigate in respect to
adjudicatory proceedings funded in this Act. A chief executive officer
of any entity receiving funds under this Act shall certify that none of
these funds have been used to engage in the lobbying of the Federal
Government or in litigation against the United States unless authorized
under existing law.
Sec. 425. No part of any funds appropriated in this Act shall be
used by an agency of the executive branch, other than for normal and
recognized executive-legislative relationships, for publicity or
propaganda purposes, and for the preparation, distribution or use of any
kit, pamphlet, booklet, publication, radio, television or film
presentation designed to support or defeat legislation pending before
the Congress, except in presentation to the Congress itself.
Sec. 426. None of the funds provided in title II for technical
assistance, training, or management improvements may be obligated or
expended unless HUD provides to the Committees on Appropriations a
description of each proposed activity and a detailed budget estimate of
the costs associated with each activity as part of the Budget
Justifications. For fiscal year 2001, HUD shall transmit this
information to the committees by December 1, 2000, for 30 days of
review.
[[Page 114 STAT. 1441A-56]]
Sec. 427. None of the funds made available in this Act may be used
for the designation, or approval of the designation, of any area as an
ozone nonattainment area under the Clean Air Act pursuant to the 8-hour
national ambient air quality standard for ozone that was promulgated by
the Environmental Protection Agency on July 18, 1997 (62 Fed. Reg.
38,356, p. 38855) and remanded by the District of Columbia Court of
Appeals on May 14, 1999, in the case, American Trucking Ass'ns. v. EPA
(No. 97-1440, 1999 Westlaw 300618) prior to June 15, 2001 or final
adjudication of this case by the Supreme Court of the United States,
whichever occurs first.
Sec. 428. Section 432 of Public Law 104-204 (110 Stat. 2874) is
amended--
(a) in subsection (c) by inserting ``or to restructure and
improve the efficiency of the workforce'' after ``the National
Aeronautics and Space Administration'' and before ``the
Administrator'';
(b) by striking paragraph (4) of subsection (h) and
inserting the following:
``(4) The provisions of subsections (1) and (3) of
this section may be waived upon a determination by the
Administrator that use of the incentive satisfactorily
demonstrates downsizing or other restructuring within
the Agency that would improve the efficiency of agency
operations or contribute directly to evolving mission
requirements.''
(c) by striking subsection (i) and inserting the following:
``(i) Reports.--The Administrator shall submit a report on NASA's
restructuring activities to the Committee on Appropriations of the House
of Representatives and the Committee on Appropriations of the Senate not
later than September 30, 2001. This report shall include--
``(1) an outline of a timetable for restructuring the
workforce at NASA Headquarters and field Centers;
``(2) annual Full Time Equivalent (FTE) targets by broad
occupational categories and a summary of how these targets
reflect the respective missions of Headquarters and the field
Centers;
``(3) a description of personnel initiatives, such as
relocation assistance, early retirement incentives, and career
transition assistance, which NASA will use to achieve personnel
reductions or to rebalance the workforce; and
``(4) a description of efficiencies in operations achieved
through the use of the voluntary separation incentive.''; and
(d) in subsection ( j), by striking ``September 30, 2000'' and
inserting ``September 30, 2002''.
Sec. 429. Section 70113(f ) of title 49, United States Code, is
amended by striking ``December 31, 2000'', and inserting ``December 31,
2001''.
Sec. 430. All Departments and agencies funded under this Act are
encouraged, within the limits of the existing statutory authorities and
funding, to expand their use of ``E-Commerce'' technologies and
procedures in the conduct of their business practices and public service
activities.
Sec. 431. Title III of the National Aeronautics and Space Act of
1958, Public Law 85-568, is amended by adding the following new section
at the end:
[[Page 114 STAT. 1441A-57]]
``Sec. 312. (a) Appropriations for the Administration for fiscal
year 2002 and thereafter shall be made in three accounts, `Human space
flight', `Science, aeronautics and technology', and an account for
amounts appropriated for the necessary expenses of the Office of
Inspector General. Appropriations shall remain available for 2 fiscal
years. Each account shall include the planned full costs of the
Administration's related activities.
``(b) To ensure the safe, timely, and successful accomplishment of
Administration missions, the Administration may transfer amounts for
Federal salaries and benefits; training, travel and awards; facility and
related costs; information technology services; publishing services;
science, engineering, fabricating and testing services; and other
administrative services among accounts, as necessary.
``(c) The Administrator, in consultation with the Director of the
Office of Management and Budget, shall determine what balances from the
`Mission support' account are to be transferred to the `Human space
flight' and `Science, aeronautics and technology' accounts. Such
balances shall be transferred and merged with the `Human space flight'
and `Science, aeronautics and technology' accounts, and remain available
for the period of which originally appropriated.''.
TITLE V--FILIPINO VETERANS' BENEFITS IMPROVEMENTS
Sec. 501. (a) Rate of Compensation Payments for Filipino Veterans
Residing in the United States.--(1) Section 107 of title 38, United
States Code, is amended--
(A) by striking ``Payments'' in the second sentence of
subsection (a) and inserting ``Except as provided in subsection
(c), payments''; and
(B) by adding at the end the following new subsection:
``(c) In the case of benefits under subchapters II and IV of chapter
11 of this title paid by reason of service described in subsection (a)
to an individual residing in the United States who is a citizen of, or
an alien lawfully admitted for permanent residence in, the United
States, the second sentence of subsection (a) shall not apply.''.
(2) The amendments made by paragraph (1) shall take effect on the
date of the enactment of this Act and shall apply to benefits paid for
months beginning on or after that date.
(b) Eligibility for Health Care of Disabled Filipino Veterans
Residing in the United States.--Section 1734 of such title is amended--
(1) by inserting ``(a)'' before ``The Secretary,''; and
(2) by adding at the end the following:
``(b) An individual who is in receipt of benefits under subchapter
II or IV of chapter 11 of this title paid by reason of service described
in section 107(a) of this title who is residing in the United States and
who is a citizen of, or an alien lawfully admitted for permanent
residence in, the United States shall be eligible for hospital and
nursing home care and medical services in the same manner as a veteran,
and the disease or disability for which such benefits are paid shall be
considered to be a service-connected disability for purposes of this
chapter.''.
[[Page 114 STAT. 1441A-58]]
(c) Health Care for Veterans Residing in the Philippines.--Section
1724 of such title is amended by adding at the end the following new
subsection:
``(e) Within the limits of an outpatient clinic in the Republic of
the Philippines that is under the direct jurisdiction of the Secretary,
the Secretary may furnish a veteran who has a service-connected
disability with such medical services as the Secretary determines to be
needed.''.
TITLE VI--DEBT REDUCTION
DEPARTMENT OF THE TREASURY
Bureau of the Public Debt
gifts to the united states for reduction of the public debt
For deposit of an additional amount for fiscal year 2001 into the
account established under section 3113(d) of title 31, United States
Code, to reduce the public debt, $5,172,730,916.14.
Titles I-IV of this Act may be cited as the ``Departments of
Veterans Affairs and Housing and Urban Development, and Independent
Agencies Appropriations Act, 2001''.
[[Page 113 STAT. 1441A-59]]
APPENDIX B--H.R. 5483
That the following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, for energy and water development
for the fiscal year ending September 30, 2001, and for other purposes,
namely:
TITLE I
DEPARTMENT OF DEFENSE--CIVIL
DEPARTMENT OF THE ARMY
Corps of Engineers--Civil
The following appropriations shall be expended under the direction
of the Secretary of the Army and the supervision of the Chief of
Engineers for authorized civil functions of the Department of the Army
pertaining to rivers and harbors, flood control, beach erosion, and
related purposes.
General Investigations
For expenses necessary for the collection and study of basic
information pertaining to river and harbor, flood control, shore
protection, and related projects, restudy of authorized projects,
miscellaneous investigations, and, when authorized by laws, surveys and
detailed studies and plans and specifications of projects prior to
construction, $160,038,000, to remain available until expended:
Provided, That in conducting the Southwest Valley Flood Damage Reduction
Study, Albuquerque, New Mexico, the Secretary of the Army, acting
through the Chief of Engineers, shall include an evaluation of flood
damage reduction measures that would otherwise be excluded from the
feasibility analysis based on policies regarding the frequency of
flooding, the drainage areas, and the amount of runoff: Provided
further, That the Secretary of the Army is directed to use $750,000 of
the funds appropriated herein to continue preconstruction engineering
and design for the Murrieta Creek, California flood protection and
environmental restoration project in accordance with Alternative 6,
based on the Murrieta Creek feasibility report and environmental impact
statement dated June 2000 at a total cost of $90,866,000, with an
estimated Federal cost of $59,063,900 and an estimated non-Federal cost
of $31,803,100.
[[Page 114 STAT. 1441A-60]]
Construction, General
For the prosecution of river and harbor, flood control, shore
protection, and related projects authorized by laws; and detailed
studies, and plans and specifications, of projects (including those for
development with participation or under consideration for participation
by States, local governments, or private groups) authorized or made
eligible for selection by law (but such studies shall not constitute a
commitment of the Government to construction), $1,717,199,000, to remain
available until expended, of which such sums as are necessary for the
Federal share of construction costs for facilities under the Dredged
Material Disposal Facilities program shall be derived from the Harbor
Maintenance Trust Fund, as authorized by Public Law 104-303; and of
which such sums as are necessary pursuant to Public Law 99-662 shall be
derived from the Inland Waterways Trust Fund, for one-half of the costs
of construction and rehabilitation of inland waterways projects,
including rehabilitation costs for the Lock and Dam 12, Mississippi
River, Iowa; Lock and Dam 24, Mississippi River, Illinois and Missouri;
Lock and Dam 3, Mississippi River, Minnesota; and London Locks and Dam,
and Kanawha River, West Virginia, projects; and of which funds are
provided for the following projects in the amounts specified:
Elba, Alabama, $8,400,000;
Geneva, Alabama, $10,800,000;
San Gabriel Basin Groundwater Restoration, California,
$25,000,000;
San Timoteo Creek (Santa Ana River Mainstem), California,
$5,000,000;
Indianapolis Central Waterfront, Indiana, $10,000,000;
Southern and Eastern Kentucky, Kentucky, $4,000,000;
Clover Fork, Middlesboro, City of Cumberland, Town of
Martin, Pike County (including Levisa Fork and Tug Fork
Tributaries), Bell County, Martin County, and Harlan County,
Kentucky, elements of the Levisa and Tug Forks of the Big Sandy
River and Upper Cumberland River, Kentucky, $20,000,000:
Provided, That the Secretary of the Army, acting through the
Chief of Engineers, is directed to proceed with planning,
engineering, design and construction of the Town of Martin,
Kentucky, element, in accordance with Plan A as set forth in the
preliminary draft Detailed Project Report, Appendix T of the
General Plan of the Huntington District Commander;
Jackson County, Mississippi, $2,000,000;
Bosque and Leon Rivers, Texas, $4,000,000; and
Upper Mingo County (including Mingo County Tributaries),
Lower Mingo County (Kermit), Wayne County, and McDowell County,
elements of the Levisa and Tug Forks of the Big Sandy River and
Upper Cumberland River project in West Virginia, $4,100,000:
Provided further, That using $900,000 of the funds appropriated herein,
the Secretary of the Army, acting through the Chief of Engineers, is
directed to undertake the Bowie County Levee project, which is defined
as Alternative B Local Sponsor Option, in the Corps of Engineers
document entitled Bowie County Local Flood Protection, Red River, Texas,
Project Design Memorandum No. 1, Bowie County Levee, dated April 1997:
Provided further, That
[[Page 114 STAT. 1441A-61]]
no part of any appropriation contained in this Act shall be expended or
obligated to begin Phase II of the John Day Drawdown study or to
initiate a study of the drawdown of McNary Dam unless authorized by law:
Provided further, That the Secretary of the Army, acting through the
Chief of Engineers, is directed hereafter to use available Construction,
General funds in addition to funding provided in Public Law 104-206 to
complete design and construction of the Red River Regional Visitors
Center in the vicinity of Shreveport, Louisiana at an estimated cost of
$6,000,000: Provided further, That section 101(b)(4) of the Water
Resources Development Act of 1996, is amended by striking ``total cost
of $8,600,000'' and inserting ``total cost of $15,000,000'': Provided
further, That the Secretary of the Army, acting through the Chief of
Engineers, is directed to use $3,000,000 of the funds appropriated
herein for additional emergency bank stabilization measures at Galena,
Alaska under the same terms and conditions as previous emergency bank
stabilization work undertaken at Galena, Alaska pursuant to section 116
of Public Law 99-190: Provided further, That with $4,200,000 of the
funds appropriated herein, the Secretary of the Army, acting through the
Chief of Engineers, is directed to continue construction of the
Brunswick County Beaches, North Carolina-Ocean Isle Beach portion in
accordance with the General Reevaluation Report approved by the Chief of
Engineers on May 15, 1998: Provided further, That the Secretary of the
Army, acting through the Chief of Engineers, is directed to use not to
exceed $300,000 of funds appropriated herein to reimburse the City of
Renton, Washington, at full Federal expense, for mitigation expenses
incurred for the flood control project constructed pursuant to 33 U.S.C.
701s at Cedar River, City of Renton, Washington, as a result of over-
dredging by the Army Corps of Engineers: Provided further, That
$2,000,000 of the funds appropriated herein shall be available for
stabilization and renovation of Lock and Dam 10, Kentucky River,
Kentucky, subject to enactment of authorization by law: Provided
further, That the Secretary of the Army, acting through the Chief of
Engineers, is directed to use $3,000,000 of the funds appropriated
herein to initiate construction of a navigation project at Kaumalapau
Harbor, Hawaii: Provided further, That the Secretary of the Army is
directed to use $2,000,000 of the funds provided herein for Dam Safety
and Seepage/Stability Correction Program to design and construct seepage
control features at Waterbury Dam, Winooski River, Vermont: Provided
further, That the Secretary of the Army, acting through the Chief of
Engineers, is directed to design and construct barge lanes at the
Houston-Galveston Navigation Channels, Texas, project, immediately
adjacent to either side of the Houston Ship Channel, from Bolivar Roads
to Morgan Point, to a depth of 12 feet with prior years' Construction,
General carry-over funds: Provided further, That the Secretary of the
Army, acting through the Chief of Engineers, may use Construction,
General funding as directed in Public Law 105-62 and Public Law 105-245
to initiate construction of an emergency outlet from Devils Lake, North
Dakota, to the Sheyenne River, except that the funds shall not become
available unless the Secretary of the Army determines that an emergency
(as defined in section 102 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5122)) exists with respect to the
emergency need for the outlet and reports to Congress that the
construction is technically sound, economically justified, and
[[Page 114 STAT. 1441A-62]]
environmentally acceptable, and in compliance with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.): Provided
further, That the economic justification for the emergency outlet shall
be prepared in accordance with the principles and guidelines for
economic evaluation as required by regulations and procedures of the
Army Corps of Engineers for all flood control projects, and that the
economic justification be fully described, including the analysis of the
benefits and costs, in the project plan documents: Provided further,
That the plans for the emergency outlet shall be reviewed and, to be
effective, shall contain assurances provided by the Secretary of State,
after consultation with the International Joint Commission, that the
project will not violate the requirements or intent of the Treaty
Between the United States and Great Britain Relating to Boundary Waters
Between the United States and Canada, signed at Washington, January 11,
1909 (36 Stat. 2448; TS 548) (commonly known as the ``Boundary Waters
Treaty of 1909''): Provided further, That the Secretary of the Army
shall submit the final plans and other documents for the emergency
outlet to Congress: Provided further, That no funds made available under
this Act or any other Act for any fiscal year may be used by the
Secretary of the Army to carry out the portion of the feasibility study
of the Devils Lake Basin, North Dakota, authorized under the Energy and
Water Development Appropriations Act, 1993 (Public Law 102-377), that
addresses the needs of the area for stabilized lake levels through inlet
controls, or to otherwise study any facility or carry out any activity
that would permit the transfer of water from the Missouri River Basin
into Devils Lake: Provided further, That within available funds, the
Secretary of the Army, acting through the Chief of Engineers, is
directed to continue construction of the Rio Grand de Manati flood
control project at Barceloneta, Puerto Rico, which was initiated under
the authority of the Section 205 program prior to being specifically
authorized in the Water Resources Development Act of 1999.
flood control, mississippi river and tributaries, arkansas, illinois,
kentucky, louisiana, mississippi, missouri, and tennessee
For expenses necessary for prosecuting work of flood control, and
rescue work, repair, restoration, or maintenance of flood control
projects threatened or destroyed by flood, as authorized by law (33
U.S.C. 702a and 702g-1), $347,731,000, to remain available until
expended: Provided, That the Secretary of the Army is directed to
complete his analysis and determination of Federal maintenance of the
Greenville Inner Harbor, Mississippi navigation project in accordance
with section 509 of the Water Resources Development Act of 1996.
Operation and Maintenance, General
For expenses necessary for the preservation, operation, maintenance,
and care of existing river and harbor, flood control, and related works,
including such sums as may be necessary for the maintenance of harbor
channels provided by a State, municipality or other public agency,
outside of harbor lines, and serving essential needs of general commerce
and navigation; surveys and charting of northern and northwestern lakes
and connecting waters; clearing
[[Page 114 STAT. 1441A-63]]
and straightening channels; and removal of obstructions to navigation,
$1,901,959,000, to remain available until expended, of which such sums
as become available in the Harbor Maintenance Trust Fund, pursuant to
Public Law 99-662, may be derived from that Fund, and of which such sums
as become available from the special account established by the Land and
Water Conservation Act of 1965, as amended (16 U.S.C. 460l), may be
derived from that account for construction, operation, and maintenance
of outdoor recreation facilities: Provided, That the Secretary of the
Army, acting through the Chief of Engineers, from the funds provided
herein for the operation and maintenance of New York Harbor, New York,
is directed to prepare the necessary documentation and initiate removal
of submerged obstructions and debris in the area previously marked by
the Ambrose Light Tower in the interest of safe navigation: Provided
further, That the Secretary of the Army is directed to use $500,000 of
funds appropriated herein to remove and reinstall the docks and
causeway, in kind, at Astoria East Boat Basin, Oregon: Provided further,
That $500,000 of the funds appropriated herein for the Ohio River Open
Channel, Illinois, Kentucky, Indiana, Ohio, West Virginia, and
Pennsylvania, project, are provided for the Secretary of the Army,
acting through the Chief of Engineers, to dredge a channel from the
mouth of Wheeling Creek to Tunnel Green Park in Wheeling, West Virginia.
Regulatory Program
For expenses necessary for administration of laws pertaining to
regulation of navigable waters and wetlands, $125,000,000, to remain
available until expended: Provided, That the Secretary of the Army,
acting through the Chief of Engineers, is directed to use funds
appropriated herein to: (1) by March 1, 2001, supplement the report,
Cost Analysis For the 1999 Proposal to Issue and Modify Nationwide
Permits, to reflect the Nationwide Permits actually issued on March 9,
2000, including changes in the acreage limits, preconstruction
notification requirements and general conditions between the rule
proposed on July 21, 1999, and the rule promulgated and published in the
Federal Register; (2) after consideration of the cost analysis for the
1999 proposal to issue and modify nationwide permits and the supplement
prepared pursuant to this Act and by September 30, 2001, prepare, submit
to Congress and publish in the Federal Register a Permit Processing
Management Plan by which the Corps of Engineers will handle the
additional work associated with all projected increases in the number of
individual permit applications and preconstruction notifications related
to the new and replacement permits and general conditions. The Permit
Processing Management Plan shall include specific objective goals and
criteria by which the Corps of Engineers' progress towards reducing any
permit backlog can be measured; (3) beginning on December 31, 2001, and
on a biannual basis thereafter, report to Congress and publish in the
Federal Register, an analysis of the performance of its program as
measured against the criteria set out in the Permit Processing
Management Plan; (4) implement a 1-year pilot program to publish
quarterly on the U.S. Army Corps of Engineer's Regulatory Program
website all Regulatory Analysis and Management Systems (RAMS) data for
the South Pacific Division and North Atlantic Division beginning within
30 days of the enactment of this Act; and (5) publish in
[[Page 114 STAT. 1441A-64]]
Division Office websites all findings, rulings, and decisions rendered
under the administrative appeals process for the Corps of Engineers
Regulatory Program as established in Public Law 106-60: Provided
further, That, through the period ending on September 30, 2003, the
Corps of Engineers shall allow any appellant to keep a verbatim record
of the proceedings of the appeals conference under the aforementioned
administrative appeals process: Provided further, That within 30 days of
the enactment of this Act, the Secretary of the Army, acting through the
Chief of Engineers, shall require all U.S. Army Corps of Engineers
Divisions and Districts to record the date on which a section 404
individual permit application or nationwide permit notification is filed
with the Corps of Engineers: Provided further, That the Corps of
Engineers, when reporting permit processing times, shall track both the
date a permit application is first received and the date the application
is considered complete, as well as the reason that the application is
not considered complete upon first submission.
Formerly Utilized Sites Remedial Action Program
For expenses necessary to clean up contamination from sites
throughout the United States resulting from work performed as part of
the Nation's early atomic energy program, $140,000,000, to remain
available until expended.
General Expenses
For expenses necessary for general administration and related
functions in the Office of the Chief of Engineers and offices of the
Division Engineers; activities of the Coastal Engineering Research
Board, the Humphreys Engineer Center Support Activity, the Water
Resources Support Center, and headquarters support functions at the
USACE Finance Center, $152,000,000, to remain available until expended:
Provided, That no part of any other appropriation provided in title I of
this Act shall be available to fund the activities of the Office of the
Chief of Engineers or the executive direction and management activities
of the division offices: Provided further, That none of these funds
shall be available to support an office of congressional affairs within
the executive office of the Chief of Engineers.
Revolving Fund
Amounts in the Revolving Fund are available for the costs of
relocating the U.S. Army Corps of Engineers headquarters to office space
in the General Accounting Office headquarters building in Washington,
D.C.
Administrative Provisions
Appropriations in this title shall be available for official
reception and representation expenses (not to exceed $5,000); and during
the current fiscal year the Revolving Fund, Corps of Engineers, shall be
available for purchase (not to exceed 100 for replacement only) and hire
of passenger motor vehicles.
[[Page 114 STAT. 1441A-65]]
GENERAL PROVISIONS
Corps of Engineers--Civil
Sec. 101. (a) The Secretary of the Army shall enter into an
agreement with the City of Grand Prairie, Texas, wherein the City agrees
to assume all of the responsibilities of the Trinity River Authority of
Texas under Contract No. DACW63-76-C-0166, other than financial
responsibilities, except as provided for in subsection (c) of this
section. The Trinity River Authority shall be relieved of all of its
financial responsibilities under the Contract as of the date the
Secretary of the Army enters into the agreement with the City.
(b) In consideration of the agreement referred to in subsection (a),
the City shall pay the Federal Government a total of $4,290,000 in two
installments, one in the amount of $2,150,000, which shall be due and
payable no later than December 1, 2000, and one in the amount of
$2,140,000, which shall be due and payable no later than December 1,
2003.
(c) The agreement executed pursuant to subsection (a) shall include
a provision requiring the City to assume all costs associated with
operation and maintenance of the recreation facilities included in the
Contract referred to in that subsection.
Sec. 102. Agreements proposed for execution by the Assistant
Secretary of the Army for Civil Works or the United States Army Corps of
Engineers after the date of the enactment of this Act pursuant to
section 4 of the Rivers and Harbor Act of 1915, Public Law 64-291;
section 11 of the River and Harbor Act of 1925, Public Law 68-585; the
Civil Functions Appropriations Act, 1936, Public Law 75-208; section 215
of the Flood Control Act of 1968, as amended, Public Law 90-483;
sections 104, 203, and 204 of the Water Resources Development Act of
1986, as amended (Public Law 99-662); section 206 of the Water Resources
Development Act of 1992, as amended, Public Law 102-580; section 211 of
the Water Resources Development Act of 1996, Public Law 104-303, and any
other specific project authority, shall be limited to credits and
reimbursements per project not to exceed $10,000,000 in each fiscal
year, and total credits and reimbursements for all applicable projects
not to exceed $50,000,000 in each fiscal year.
Sec. 103. The Secretary of the Army, acting through the Chief of
Engineers, is authorized to construct the locally preferred plan for
flood control, environmental restoration and recreation, Murrieta Creek,
California, described as Alternative 6, based on the Murrieta Creek
Feasibility Report and Environmental Impact Statement dated October
2000, at a total cost of $89,850,000 with an estimated Federal cost of
$57,735,000 and an estimated non-Federal cost of $32,115,000.
Sec. 104. St. Georges Bridge, Delaware. None of the funds made
available by this Act may be used to carry out any activity relating to
closure or removal of the St. Georges Bridge across the Chesapeake and
Delaware Canal, Delaware, including a hearing or any other activity
relating to preparation of an environmental impact statement concerning
the closure or removal.
Sec. 105. Within available funds under title I, the Secretary of the
Army, acting through the Chief of Engineers, shall provide up to
$7,000,000 to replace and upgrade the dam in Kake, Alaska
[[Page 114 STAT. 1441A-66]]
which collapsed July 2000, to provide drinking water and
hydroelectricity.
TITLE II
DEPARTMENT OF THE INTERIOR
Central Utah Project
central utah project completion account
For carrying out activities authorized by the Central Utah Project
Completion Act, $38,724,000, to remain available until expended, of
which $19,158,000 shall be deposited into the Utah Reclamation
Mitigation and Conservation Account: Provided, That of the amounts
deposited into that account, $5,000,000 shall be considered the Federal
contribution authorized by paragraph 402(b)(2) of the Central Utah
Project Completion Act and $14,158,000 shall be available to the Utah
Reclamation Mitigation and Conservation Commission to carry out
activities authorized under that Act.
In addition, for necessary expenses incurred in carrying out related
responsibilities of the Secretary of the Interior, $1,216,000, to remain
available until expended.
Bureau of Reclamation
The following appropriations shall be expended to execute authorized
functions of the Bureau of Reclamation:
water and related resources
(including transfer of funds)
For management, development, and restoration of water and related
natural resources and for related activities, including the operation,
maintenance and rehabilitation of reclamation and other facilities,
participation in fulfilling related Federal responsibilities to Native
Americans, and related grants to, and cooperative and other agreements
with, State and local governments, Indian tribes, and others,
$678,450,000, to remain available until expended, of which $1,916,000
shall be available for transfer to the Upper Colorado River Basin Fund
and $39,467,000 shall be available for transfer to the Lower Colorado
River Basin Development Fund; of which such amounts as may be necessary
may be advanced to the Colorado River Dam Fund; of which $16,000,000
shall be for on-reservation water development, feasibility studies, and
related administrative costs under Public Law 106-163; of which not more
than 25 percent of the amount provided for drought emergency assistance
may be used for financial assistance for the preparation of cooperative
drought contingency plans under title II of Public Law 102-250; and of
which not more than $500,000 is for high priority projects which shall
be carried out by the Youth Conservation Corps, as authorized by 16
U.S.C. 1706: Provided, That such transfers may be increased or decreased
within the overall appropriation under this heading: Provided further,
That of the total appropriated, the amount for program activities that
can be financed by the Reclamation Fund or the Bureau of Reclamation
special fee account established by 16 U.S.C. 460l-6a(i) shall be derived
from that Fund
[[Page 114 STAT. 1441A-67]]
or account: Provided further, That funds contributed under 43 U.S.C. 395
are available until expended for the purposes for which contributed:
Provided further, That funds advanced under 43 U.S.C. 397a shall be
credited to this account and are available until expended for the same
purposes as the sums appropriated under this heading: Provided further,
That funds available for expenditure for the Departmental Irrigation
Drainage Program may be expended by the Bureau of Reclamation for site
remediation on a non-reimbursable basis: Provided further, That section
301 of Public Law 102-250, Reclamation States Emergency Drought Relief
Act of 1991, as amended, is amended further by inserting ``2000, and
2001'' in lieu of ``and 2000'': Provided further, That the amount
authorized for Indian municipal, rural, and industrial water features by
section 10 of Public Law 89-108, as amended by section 8 of Public Law
99-294, section 1701(b) of Public Law 102-575, Public Law 105-245, and
Public Law 106-60 is increased by $2,000,000 (October 1998 prices):
Provided further, That the amount authorized for Minidoka Project North
Side Pumping Division, Idaho, by section 5 of Public Law 81-864, is
increased by $2,805,000: Provided further, That the Reclamation Safety
of Dams Act of 1978 (43 U.S.C. 509) is amended as follows: (1) by
inserting in section 4(c) after ``1984,'' and before ``costs'' the
following: ``and the additional $95,000,000 further authorized to be
appropriated by amendments to that Act in 2000,''; (2) by inserting in
section 5 after ``levels),'' and before ``plus'' the following: ``and,
effective October 1, 2000, not to exceed an additional $95,000,000
(October 1, 2000, price levels),''; and (3) by striking ``sixty days
(which'' and all that follows through ``day certain)'' and inserting in
lieu thereof ``30 calendar days''.
bureau of reclamation loan program account
For the cost of direct loans and/or grants, $8,944,000, to remain
available until expended, as authorized by the Small Reclamation
Projects Act of August 6, 1956, as amended (43 U.S.C. 422a-422l):
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 $27,000,000.
In addition, for administrative expenses necessary to carry out the
program for direct loans and/or grants, $425,000, to remain available
until expended: Provided, That of the total sums appropriated, the
amount of program activities that can be financed by the Reclamation
Fund shall be derived from that Fund.
central valley project restoration fund
For carrying out the programs, projects, plans, and habitat
restoration, improvement, and acquisition provisions of the Central
Valley Project Improvement Act, $38,382,000, to be derived from such
sums as may be collected in the Central Valley Project Restoration Fund
pursuant to sections 3407(d), 3404(c)(3), 3405(f ), and 3406(c)(1) of
Public Law 102-575, to remain available until expended: Provided, That
the Bureau of Reclamation is directed to assess and collect the full
amount of the additional mitigation and restoration payments authorized
by section 3407(d) of Public Law 102-575.
[[Page 114 STAT. 1441A-68]]
policy and administration
For necessary expenses of policy, administration, and related
functions in the office of the Commissioner, the Denver office, and
offices in the five regions of the Bureau of Reclamation, to remain
available until expended, $50,224,000, to be derived from the
Reclamation Fund and be nonreimbursable as provided in 43 U.S.C. 377:
Provided, That no part of any other appropriation in this Act shall be
available for activities or functions budgeted as policy and
administration expenses.
administrative provision
Appropriations for the Bureau of Reclamation shall be available for
purchase of not to exceed four passenger motor vehicles for replacement
only.
GENERAL PROVISIONS
DEPARTMENT OF THE INTERIOR
Sec. 201. None of the funds appropriated or otherwise made available
by this or any other Act may be used to pay the salaries and expenses of
personnel to purchase or lease water in the Middle Rio Grande or the
Carlsbad Projects in New Mexico unless said purchase or lease is in
compliance with the purchase requirements of section 202 of Public Law
106-60.
Sec. 202. Funds under this title for Drought Emergency Assistance
shall be made available primarily for leasing of water for specified
drought related purposes from willing lessors, in compliance with
existing State laws and administered under State water priority
allocation. Such leases may be entered into with an option to purchase:
Provided, That such purchase is approved by the State in which the
purchase takes place and the purchase does not cause economic harm
within the State in which the purchase is made.
Sec. 203. Beginning in fiscal year 2001 and thereafter, the
Secretary of the Interior shall assess and collect annually from Central
Valley Project (CVP) water and power contractors the sum of $540,000
(June 2000 price levels) and remit, without further appropriation, the
amount collected annually to the Trinity Public Utilities District
(TPUD). This assessment shall be payable 70 percent by CVP Preference
Power Customers and 30 percent by CVP Water Contractors. The CVP Water
Contractor share of this assessment shall be collected by the Secretary
through established Bureau of Reclamation (Reclamation) Operation and
Maintenance ratesetting practices. The CVP Power Contractor share of
this assessment shall be assessed by Reclamation to the Western Area
Power Administration, Sierra Nevada Region (Western), and collected by
Western through established power ratesetting practices.
Sec. 204. (a) In General.--For fiscal year 2001 and each fiscal year
thereafter, the Secretary of the Interior shall continue funding, from
power revenues, the activities of the Glen Canyon Dam Adaptive
Management Program as authorized by section 1807 of the Grand Canyon
Protection Act of 1992 (106 Stat. 4672), at not more than $7,850,000
(October 2000 price level), adjusted in subsequent years to reflect
changes in the Consumer Price Index
[[Page 114 STAT. 1441A-69]]
for All Urban Consumers published by the Bureau of Labor Statistics of
the Department of Labor.
(b) Voluntary Contributions.--Nothing in this section precludes the
use of voluntary financial contributions (except power revenues) to the
Adaptive Management Program that may be authorized by law.
(c) Activities To Be Funded.--The activities to be funded as
provided under subsection (a) include activities required to meet the
requirements of section 1802(a) and subsections (a) and (b) of section
1805 of the Grand Canyon Protection Act of 1992 (106 Stat. 4672),
including the requirements of the Biological Opinion on the Operation of
Glen Canyon Dam and activities required by the Programmatic Agreement on
Cultural and Historic Properties, to the extent that the requirements
and activities are consistent with the Grand Canyon Protection Act of
1992 (106 Stat. 4672).
(d) Additional Funding.--To the extent that funding under subsection
(a) is insufficient to pay the costs of the monitoring and research and
other activities of the Glen Canyon Dam Adaptive Management Program, the
Secretary of the Interior may use funding from other sources, including
funds appropriated for that purpose. All such appropriated funds shall
be nonreimbursable and nonreturnable.
Sec. 205. The Secretary of the Interior is authorized and directed
to use not to exceed $1,000,000 of the funds appropriated under title II
to refund amounts received by the United States as payments for charges
assessed by the Secretary prior to January 1, 1994 for failure to file
certain certification or reporting forms prior to the receipt of
irrigation water, pursuant to sections 206 and 224(c) of the Reclamation
Reform Act of 1982 (96 Stat. 1226, 1272; 43 U.S.C. 390ff, 390ww(c)),
including the amount of associated interest assessed by the Secretary
and paid to the United States pursuant to section 224(i) of the
Reclamation Reform Act of 1982 (101 Stat. 1330-268; 43 U.S.C. 390ww(i)).
Sec. 206. Canyon Ferry Reservoir, Montana. (a) Appraisals.--Section
1004(c)(2)(B) of title X of division C of the Omnibus Consolidated and
Emergency Supplemental Appropriations Act, 1999 (112 Stat. 2681-713; 113
Stat. 1501A-307) is amended--
(1) in clause (i), by striking ``be based on'' and inserting
``use'';
(2) in clause (vi), by striking ``Notwithstanding any other
provision of law,'' and inserting ``To the extent consistent
with the Uniform Appraisal Standards for Federal Land
Acquisition,''; and
(3) by adding at the end the following:
``(vii) Applicability.--This subparagraph shall apply to the
extent that its application is practicable and consistent with
the Uniform Appraisal Standards for Federal Land Acquisition.''.
(b) Timing.--Section 1004(f )(2) of title X of division C of the
Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999
(112 Stat. 2681-714; 113 Stat. 1501A-308) is amended by inserting after
``Act,'' the following: ``in accordance with all applicable law,''.
[[Page 114 STAT. 1441A-70]]
(c) Interest.--Section 1008(b) of title X of division C of the
Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999
(112 Stat. 2681-717; 113 Stat. 1501A-310) is amended by striking
paragraph (4).
Sec. 207. Beginning in fiscal year 2000 and thereafter, any amounts
provided for the Newlands Water Rights Fund for purchasing and retiring
water rights in the Newlands Reclamation Project shall be non-
reimbursable.
Sec. 208. Use of Colorado-Big Thompson Project Facilities for
Nonproject Water. The Secretary of the Interior may enter into contracts
with the city of Loveland, Colorado, or its Water and Power Department
or any other agency, public utility, or enterprise of the city,
providing for the use of facilities of the Colorado-Big Thompson
Project, Colorado, under the Act of February 21, 1911 (43 U.S.C. 523),
for--
(1) the impounding, storage, and carriage of nonproject
water originating on the eastern slope of the Rocky Mountains
for domestic, municipal, industrial, and other beneficial
purposes; and
(2) the exchange of water originating on the eastern slope
of the Rocky Mountains for the purposes specified in paragraph
(1), using facilities associated with the Colorado-Big Thompson
Project, Colorado.
Sec. 209. Amendment to Irrigation Project Contract Extension Act of
1998. (a) Section 2(a) of the Irrigation Project Contract Extension Act
of 1998, Public Law 105-293, is amended by striking the date ``December
31, 2000'', and inserting in lieu thereof the date ``December 31,
2003''; and
(b) Subsection 2(b) of the Irrigation Project Contract Extension Act
of 1998, Public Law 105-293, is amended by--
(1) striking the phrase ``not to go beyond December 31,
2001'', and inserting in lieu thereof the phrase ``not to go
beyond December 31, 2003''; and
(2) striking the phrase ``terminates prior to December 31,
2000'', and inserting in lieu thereof ``terminates prior to
December 31, 2003''.
Sec. 210. Section 202 of division B, title I, chapter 2 of Public
Law 106-246 is amended by adding at the end the following: ``This
section shall be effective through September 30, 2001.''.
Sec. 211. (a) Section 106 of the San Luis Rey Indian Water Rights
Settlement Act (Public Law 100-675; 102 Stat. 4000 et seq.) is amended
by adding at the end the following new subsection:
``(f ) Requirement To Furnish Water, Power Capacity, and Energy.--
Notwithstanding any other provision of law, in order to fulfill the
trust responsibility to the Bands, the Secretary, acting through the
Commissioner of Reclamation, shall permanently furnish annually the
following:
``(1) Water.--16,000 acre-feet of the water conserved by the
works authorized by title II, for the benefit of the Bands and
the local entities in accordance with the settlement agreement:
Provided, That during construction of said works, the Indian
Water Authority and the local entites shall receive 17 percent
of any water conserved by said works up to a maximum of 16,000
acre-feet per year. The Indian Water Authority and the local
entities shall pay their proportionate share of such costs as
are provided by section 203(b) of title II or are agreed to by
them.
[[Page 114 STAT. 1441A-71]]
``(2) Power capacity and energy.--Beginning on the date when
conserved water from the works authorized by title II first
becomes available, power capacity and energy through the Yuma
Arizona Area Aggregate Power Managers (Yuma Area Contractors),
at no cost and at no further expense to the United States, the
Indian Water Authority, the Bands, and the local entities, in
amounts sufficient to convey the water conserved pursuant to
paragraph (1) from Lake Havasu through the Colorado River
Aqueduct and to the places of use on the Bands' reservations or
in the local entities' service areas in accordance with the
settlement agreement. The Secretary, through a coterminous
exhibit to Bureau of Reclamation Contract No. 6-CU-30-P1136,
shall enter into an agreement with the Yuma Area Contractors
which shall provide for furnishing annually and permanently said
power capacity and energy by said Yuma Area Contractors at no
cost and at no further expense to the United States, the Indian
Water Authority, the Bands, and the local entities. The
Secretary shall authorize the Yuma Area Contractors to utilize
Federal project use power provided for in Bureau of Reclamation
Contracts numbered 6-CU-30-P1136, 6-CU-30-P1137, and 6-CU-30-
P1138 for the full range of purposes served by the Yuma Area
Contractors, including the purpose of supplying the power
capacity and energy to convey the conserved water referred to in
paragraph (1), for so long as the Yuma Area Contractors meet
their obligation to provide sufficient power capacity and energy
for the conveyance of said conserved water. If for any reason
the Yuma Area Contractors do not provide said power capacity and
energy for the conveyance of said conserved water, then the
Secretary shall furnish said power capacity and energy annually
and permanently at the lowest rate assigned to project use power
within the jurisdiction of the Bureau of Reclamation in
accordance with Exhibit E `Project Use Power' of the Agreement
between Water and Power Resources Service, Department of the
Interior, and Western Area Power Administration, Department of
Energy (March 26, 1980).''.
(b) Title II of the San Luis Rey Indian Water Rights Settlement Act
(Public Law 100-675; 102 Stat. 4000 et seq.) is amended by adding at the
end the following new section:
``SEC. 210. ANNUAL REPAYMENT INSTALLMENTS.
``During the period of planning, design, and construction of the
works and during the period that the Indian Water Authority and the
local entities receive up to 16,000 acre-feet of the water conserved by
the works, the annual repayment installments provided in section 102(b)
of the Colorado River Basin Salinity Control Act (Public Law 93-320; 88
Stat. 268) shall continue to be nonreimbursable. Nothing in this section
shall affect the national obligation set forth in section 101(c) of such
Act.''.
Sec. 212. (a) Definitions.--For the purpose of this section, the
term--
(1) ``Secretary'' means the Secretary of the Interior;
(2) ``Sly Park Unit'' means the Sly Park Dam and Reservoir,
Camp Creek Diversion Dam and Tunnel, and conduits and canals as
authorized under the American River Act of October 14, 1949 (63
Stat. 853), including those used to convey, treat,
[[Page 114 STAT. 1441A-72]]
and store water delivered from Sly Park, as well as all
recreation facilities thereto; and
(3) ``District'' means the El Dorado Irrigation District.
(b) In General.--The Secretary shall, as soon as practicable after
date of the enactment of this Act and in accordance with all applicable
law, transfer all right, title, and interest in and to the Sly Park Unit
to the District.
(c) Sale Price.--The Secretary is authorized to receive from the
District $2,000,000 to relieve payment obligations and extinguish the
debt under contract number 14-06-200-949IR3, and $9,500,000 to relieve
payment obligations and extinguish all debts associated with contracts
numbered 14-06-200-7734, as amended by contracts numbered 14-06-200-
4282A and 14-06-200-8536A. Notwithstanding the preceding sentence, the
District shall continue to make payments required by section 3407(c) of
Public Law 102-575 through year 2029.
(d) Credit Revenue to Project Repayment.--Upon payment authorized
under subsection (b), the amount paid shall be credited toward repayment
of capital costs of the Central Valley Project in an amount equal to the
associated undiscounted obligation.
(e) Future Benefits.--Upon payment, the Sly Park Unit shall no
longer be a Federal reclamation project or a unit of the Central Valley
Project, and the District shall not be entitled to receive any further
reclamation benefits.
(f ) Liability.--Except as otherwise provided by law, effective on
the date of conveyance of the Sly Park Unit under this Act, the United
States shall not be liable for damages of any kind arising out of any
act, omission, or occurrence based on its prior ownership or operation
of the conveyed property.
(g) Costs.--All costs, including interest charges, associated with
the Project that have been included as a reimbursable cost of the
Central Valley Project are declared to be nonreimbursable and
nonreturnable.
TITLE III
DEPARTMENT OF ENERGY
ENERGY PROGRAMS
Energy Supply
For Department of Energy expenses including the purchase,
construction and acquisition of plant and capital equipment, and other
expenses necessary for energy supply, and uranium supply and enrichment
activities in carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or
condemnation of any real property or any facility or for plant or
facility acquisition, construction, or expansion; and the purchase of
not to exceed 17 passenger motor vehicles for replacement only,
$660,574,000 to remain available until expended: Provided, That, in
addition, royalties received to compensate the Department of Energy for
its participation in the First-Of-A-Kind-Engineering program shall be
credited to this account to be available until September 30, 2002, for
the purposes of Nuclear Energy, Science and Technology activities.
[[Page 114 STAT. 1441A-73]]
Non-Defense Environmental Management
For Department of Energy expenses, including the purchase,
construction and acquisition of plant and capital equipment and other
expenses necessary for non-defense environmental management activities
in carrying out the purposes of the Department of Energy Organization
Act (42 U.S.C. 7101 et seq.), including the acquisition or condemnation
of any real property or any facility or for plant or facility
acquisition, construction or expansion, $277,812,000, to remain
available until expended.
Uranium Facilities Maintenance and Remediation
(including transfer of funds)
For necessary expenses to maintain, decontaminate, decommission, and
otherwise remediate uranium processing facilities, $393,367,000, of
which $345,038,000 shall be derived from the Uranium Enrichment
Decontamination and Decommissioning Fund, all of which shall remain
available until expended: Provided, That $72,000,000 of amounts derived
from the Fund for such expenses shall be available in accordance with
title X, subtitle A, of the Energy Policy Act of 1992.
Science
For Department of Energy expenses including the purchase,
construction and acquisition of plant and capital equipment, and other
expenses necessary for science activities in carrying out the purposes
of the Department of Energy Organization Act (42 U.S.C. 7101 et seq.),
including the acquisition or condemnation of any real property or
facility or for plant or facility acquisition, construction, or
expansion, and purchase of not to exceed 58 passenger motor vehicles for
replacement only, $3,186,352,000, to remain available until expended.
Nuclear Waste Disposal
For nuclear waste disposal activities to carry out the purposes of
Public Law 97-425, as amended, including the acquisition of real
property or facility construction or expansion, $191,074,000, to remain
available until expended and to be derived from the Nuclear Waste Fund:
Provided, That not to exceed $2,500,000 may be provided to the State of
Nevada solely for expenditures, other than salaries and expenses of
State employees, to conduct scientific oversight responsibilities
pursuant to the Nuclear Waste Policy Act of 1982, Public Law 97-425, as
amended: Provided further, That $6,000,000 shall be provided to affected
units of local governments, as defined in Public Law 97-425, to conduct
appropriate activities pursuant to the Act: Provided further, That the
distribution of the funds as determined by the units of local government
shall be approved by the Department of Energy: Provided further, That
the funds for the State of Nevada shall be made available solely to the
Nevada Division of Emergency Management by direct payment and units of
local government by direct payment: Provided further, That within 90
days of the completion of each Federal fiscal year, the Nevada Division
of Emergency Management and the Governor of the State of Nevada and each
local entity shall
[[Page 114 STAT. 1441A-74]]
provide certification to the Department of Energy that all funds
expended from such payments have been expended for activities authorized
by Public Law 97-425 and this Act. Failure to provide such certification
shall cause such entity to be prohibited from any further funding
provided for similar activities: Provided further, That none of the
funds herein appropriated may be: (1) used directly or indirectly to
influence legislative action on any matter pending before Congress or a
State legislature or for lobbying activity as provided in 18 U.S.C.
1913; (2) used for litigation expenses; or (3) used to support multi-
State efforts or other coalition building activities inconsistent with
the restrictions contained in this Act: Provided further, That all
proceeds and recoveries by the Secretary in carrying out activities
authorized by the Nuclear Waste Policy Act of 1982 in Public Law 97-425,
as amended, including but not limited to, any proceeds from the sale of
assets, shall be available without further appropriation and shall
remain available until expended.
Departmental Administration
For salaries and expenses of the Department of Energy necessary for
departmental administration in carrying out the purposes of the
Department of Energy Organization Act (42 U.S.C. 7101 et seq.),
including the hire of passenger motor vehicles and official reception
and representation expenses (not to exceed $35,000), $226,107,000, to
remain available until expended, plus such additional amounts as
necessary to cover increases in the estimated amount of cost of work for
others notwithstanding the provisions of the Anti-Deficiency Act (31
U.S.C. 1511 et seq.): Provided, That such increases in cost of work are
offset by revenue increases of the same or greater amount, to remain
available until expended: Provided further, That moneys received by the
Department for miscellaneous revenues estimated to total $151,000,000 in
fiscal year 2001 may be retained and used for operating expenses within
this account, and may remain available until expended, as authorized by
section 201 of Public Law 95-238, notwithstanding the provisions of 31
U.S.C. 3302: Provided further, That the sum herein appropriated shall be
reduced by the amount of miscellaneous revenues received during fiscal
year 2001 so as to result in a final fiscal year 2001 appropriation from
the General Fund estimated at not more than $75,107,000.
Office of the Inspector General
For necessary expenses of the Office of the Inspector General in
carrying out the provisions of the Inspector General Act of 1978, as
amended, $31,500,000, to remain available until expended.
ATOMIC ENERGY DEFENSE ACTIVITIES
National Nuclear Security Administration
weapons activities
For Department of Energy expenses, including the purchase,
construction and acquisition of plant and capital equipment and other
incidental expenses necessary for atomic energy defense weapons
activities in carrying out the purposes of the Department of
[[Page 114 STAT. 1441A-75]]
Energy Organization Act (42 U.S.C. 7101 et seq.), including the
acquisition or condemnation of any real property or any facility or for
plant or facility acquisition, construction, or expansion; and the
purchase of passenger motor vehicles (not to exceed 12 for replacement
only), $5,015,186,000, to remain available until expended: Provided:
That, $130,000,000 shall be immediately available for Project 96-D-111,
the National Ignition Facility at Lawrence Livermore National
Laboratory: Provided further, That $69,100,000 shall be available only
upon a certification by the Administrator of the National Nuclear
Security Administration to the Congress after March 31, 2001, that (a)
includes a recommendation on an appropriate path forward for the
project; (b) certifies all established project and scientific milestones
have been met on schedule and on cost; (c) certifies the first and
second quarter project reviews in fiscal year 2001 determined the
project to be on schedule and cost; (d) includes a study of requirements
for and alternatives to a 192 beam ignition facility for maintaining the
safety and reliability of the current nuclear weapons stockpile; (e)
certifies an integrated cost-schedule earned-value project control
system has been fully implemented; and (f ) includes a 5-year budget
plan for the stockpile stewardship program.
defense nuclear nonproliferation
For Department of Energy expenses, including the purchase,
construction and acquisition of plant and capital equipment and other
incidental expenses necessary for atomic energy defense, Defense Nuclear
Nonproliferation activities, in carrying out the purposes of the
Department of Energy Organization Act (42 U.S.C. 7101 et seq.),
including the acquisition or condemnation of any real property or any
facility or for plant or facility acquisition, construction, or
expansion, $874,196,000, to remain available until expended: Provided,
That not to exceed $7,000 may be used for official reception and
representation expenses for national security and nonproliferation
(including transparency) activities in fiscal year 2001.
naval reactors
For Department of Energy expenses necessary for naval reactors
activities to carry out the Department of Energy Organization Act (42
U.S.C. 7101 et seq.), including the acquisition (by purchase,
condemnation, construction, or otherwise) of real property, plant, and
capital equipment, facilities, and facility expansion, $690,163,000, to
remain available until expended.
office of the administrator
For necessary expenses of the Office of the Administrator of the
National Nuclear Security Administration, including official reception
and representation expenses (not to exceed $5,000), $10,000,000, to
remain available until expended.
OTHER DEFENSE RELATED ACTIVITIES
Defense Environmental Restoration and Waste Management
For Department of Energy expenses, including the purchase,
construction and acquisition of plant and capital equipment and
[[Page 114 STAT. 1441A-76]]
other expenses necessary for atomic energy defense environmental
restoration and waste management activities in carrying out the purposes
of the Department of Energy Organization Act (42 U.S.C. 7101 et seq.),
including the acquisition or condemnation of any real property or any
facility or for plant or facility acquisition, construction, or
expansion; and the purchase of 30 passenger motor vehicles for
replacement only, $4,974,476,000, to remain available until expended.
Defense Facilities Closure Projects
For expenses of the Department of Energy to accelerate the closure
of defense environmental management sites, including the purchase,
construction and acquisition of plant and capital equipment and other
necessary expenses, $1,082,714,000, to remain available until expended.
Defense Environmental Management Privatization
For Department of Energy expenses for privatization projects
necessary for atomic energy defense environmental management activities
authorized by the Department of Energy Organization Act (42 U.S.C. 7101
et seq.), $65,000,000, to remain available until expended.
Other Defense Activities
For Department of Energy expenses, including the purchase,
construction and acquisition of plant and capital equipment and other
expenses necessary for atomic energy defense, other defense activities,
in carrying out the purposes of the Department of Energy Organization
Act (42 U.S.C. 7101 et seq.), including the acquisition or condemnation
of any real property or any facility or for plant or facility
acquisition, construction, or expansion, $585,755,000, to remain
available until expended, of which $17,000,000 shall be for the
Department of Energy Employees Compensation Initiative upon enactment of
authorization legislation into law.
Defense Nuclear Waste Disposal
For nuclear waste disposal activities to carry out the purposes of
Public Law 97-425, as amended, including the acquisition of real
property or facility construction or expansion, $200,000,000, to remain
available until expended.
Power Marketing Administrations
bonneville power administration fund
Expenditures from the Bonneville Power Administration Fund,
established pursuant to Public Law 93-454, are approved for the Nez
Perce Tribe Resident Fish Substitution Program, the Cour D'Alene Tribe
Trout Production facility, and for official reception and representation
expenses in an amount not to exceed $1,500.
During fiscal year 2001, no new direct loan obligations may be made.
Section 511 of the Energy and Water Development Appropriations Act, 1997
(Public Law 104-206), is amended by striking the last sentence and
inserting ``This authority shall expire January 1, 2003.''.
[[Page 114 STAT. 1441A-77]]
Operation and Maintenance, Southeastern Power Administration
For necessary expenses of operation and maintenance of power
transmission facilities and of marketing electric power and energy,
including transmission wheeling and ancillary services, pursuant to the
provisions of section 5 of the Flood Control Act of 1944 (16 U.S.C.
825s), as applied to the southeastern power area, $3,900,000, to remain
available until expended; in addition, notwithstanding the provisions of
31 U.S.C. 3302, amounts collected by the Southeastern Power
Administration pursuant to the Flood Control Act to recover purchase
power and wheeling expenses shall be credited to this account as
offsetting collections, to remain available until expended for the sole
purpose of making purchase power and wheeling expenditures as follows:
for fiscal year 2001, up to $34,463,000; for fiscal year 2002, up to
$26,463,000; for fiscal year 2003, up to $20,000,000; and for fiscal
year 2004, up to $15,000,000.
Operation and Maintenance, Southwestern Power Administration
For necessary expenses of operation and maintenance of power
transmission facilities and of marketing electric power and energy, and
for construction and acquisition of transmission lines, substations and
appurtenant facilities, and for administrative expenses, including
official reception and representation expenses in an amount not to
exceed $1,500 in carrying out the provisions of section 5 of the Flood
Control Act of 1944 (16 U.S.C. 825s), as applied to the southwestern
power area, $28,100,000, to remain available until expended; in
addition, notwithstanding the provisions of 31 U.S.C. 3302, not to
exceed $4,200,000 in reimbursements, to remain available until expended:
Provided, That amounts collected by the Southwestern Power
Administration pursuant to the Flood Control Act to recover purchase
power and wheeling expenses shall be credited to this account as
offsetting collections, to remain available until expended for the sole
purpose of making purchase power and wheeling expenditures as follows:
for fiscal year 2001, up to $288,000; for fiscal year 2002, up to
$288,000; for fiscal year 2003, up to $288,000; and for fiscal year
2004, up to $288,000.
construction, rehabilitation, operation and maintenance, western area
power administration
For carrying out the functions authorized by title III, section
302(a)(1)(E) of the Act of August 4, 1977 (42 U.S.C. 7152), and other
related activities including conservation and renewable resources
programs as authorized, including official reception and representation
expenses in an amount not to exceed $1,500, $165,830,000, to remain
available until expended, of which $154,616,000 shall be derived from
the Department of the Interior Reclamation Fund: Provided, That of the
amount herein appropriated, $5,950,000 is for deposit into the Utah
Reclamation Mitigation and Conservation Account pursuant to title IV of
the Reclamation Projects Authorization and Adjustment Act of 1992:
Provided further, That amounts collected by the Western Area Power
Administration pursuant to the Flood Control Act of 1944 and the
Reclamation Project Act of 1939 to recover purchase power and wheeling
expenses shall be credited to this account as offsetting
[[Page 114 STAT. 1441A-78]]
collections, to remain available until expended for the sole purpose of
making purchase power and wheeling expenditures as follows: for fiscal
year 2001, up to $65,224,000; for fiscal year 2002, up to $33,500,000;
for fiscal year 2003, up to $30,000,000; and for fiscal year 2004, up to
$20,000,000.
Falcon and Amistad Operating and Maintenance Fund
For operation, maintenance, and emergency costs for the
hydroelectric facilities at the Falcon and Amistad Dams, $2,670,000, to
remain available until expended, and to be derived from the Falcon and
Amistad Operating and Maintenance Fund of the Western Area Power
Administration, as provided in section 423 of the Foreign Relations
Authorization Act, Fiscal Years 1994 and 1995.
Federal Energy Regulatory Commission
salaries and expenses
For necessary expenses of the Federal Energy Regulatory Commission
to carry out the provisions of the Department of Energy Organization Act
(42 U.S.C. 7101 et seq.), including services as authorized by 5 U.S.C.
3109, the hire of passenger motor vehicles, and official reception and
representation expenses (not to exceed $3,000), $175,200,000, to remain
available until expended: Provided, That notwithstanding any other
provision of law, not to exceed $175,200,000 of revenues from fees and
annual charges, and other services and collections in fiscal year 2001
shall be retained and used for necessary expenses in this account, and
shall remain available until expended: Provided further, That the sum
herein appropriated from the General Fund shall be reduced as revenues
are received during fiscal year 2001 so as to result in a final fiscal
year 2001 appropriation from the General Fund estimated at not more than
$0.
RESCISSIONS
Defense Nuclear Waste Disposal
(rescission)
Of the funds appropriated in Public Law 104-46 for interim storage
of nuclear waste, $75,000,000 are transferred to this heading and are
hereby rescinded.
Defense Environmental Management Privatization
(rescission)
Of the funds appropriated in Public Law 106-60 and prior Energy and
Water Development Acts for the Tank Waste Remediation System at
Richland, Washington, $97,000,000 of unexpended balances of prior
appropriations are rescinded.
[[Page 114 STAT. 1441A-79]]
GENERAL PROVISIONS
DEPARTMENT OF ENERGY
Sec. 301. (a) None of the funds appropriated by this Act may be used
to award a management and operating contract unless such contract is
awarded using competitive procedures or the Secretary of Energy grants,
on a case-by-case basis, a waiver to allow for such a deviation. The
Secretary may not delegate the authority to grant such a waiver.
(b) At least 60 days before a contract award, amendment, or
modification for which the Secretary intends to grant such a waiver, the
Secretary shall submit to the Subcommittees on Energy and Water
Development of the Committees on Appropriations of the House of
Representatives and the Senate a report notifying the subcommittees of
the waiver and setting forth the reasons for the waiver.
Sec. 302. None of the funds appropriated by this Act may be used
to--
(1) develop or implement a workforce restructuring plan that
covers employees of the Department of Energy; or
(2) provide enhanced severance payments or other benefits
for employees of the Department of Energy,
under section 3161 of the National Defense Authorization Act for Fiscal
Year 1993 (Public Law 102-484; 106 Stat. 2644; 42 U.S.C. 7274h).
Sec. 303. None of the funds appropriated by this Act may be used to
augment the $24,500,000 made available for obligation by this Act for
severance payments and other benefits and community assistance grants
under section 3161 of the National Defense Authorization Act for Fiscal
Year 1993 (Public Law 102-484; 106 Stat. 2644; 42 U.S.C. 7274h) unless
the Department of Energy submits a reprogramming request subject to
approval by the appropriate Congressional committees.
Sec. 304. None of the funds appropriated by this Act may be used to
prepare or initiate Requests For Proposals (RFPs) for a program if the
program has not been funded by Congress.
(transfers of unexpended balances)
Sec. 305. The unexpended balances of prior appropriations provided
for activities in this Act may be transferred to appropriation accounts
for such activities established pursuant to this title. Balances so
transferred may be merged with funds in the applicable established
accounts and thereafter may be accounted for as one fund for the same
time period as originally enacted.
Sec. 306. Of the funds in this Act provided to government-owned,
contractor-operated laboratories, not to exceed 6 percent shall be
available to be used for Laboratory Directed Research and Development.
Sec. 307. (a) Of the funds appropriated by this title to the
Department of Energy, not more than $185,000,000 shall be available for
reimbursement of management and operating contractor travel expenses, of
which $10,000,000 is available for use by the Chief Financial Officer of
the Department of Energy for emergency travel expenses.
[[Page 114 STAT. 1441A-80]]
(b) Funds appropriated by this title to the Department of Energy may
be used to reimburse a Department of Energy management and operating
contractor for travel costs of its employees under the contract only to
the extent that the contractor applies to its employees the same rates
and amounts as those that apply to Federal employees under subchapter I
of chapter 57 of title 5, United States Code, or rates and amounts
established by the Secretary of Energy. The Secretary of Energy may
provide exceptions to the reimbursement requirements of this section as
the Secretary considers appropriate.
(c) The limitation in subsection (a) shall not apply to
reimbursement of management and operating contractor travel expenses
within the Laboratory Directed Research and Development program.
Sec. 308. No funds are provided in this Act or any other Act for the
Administrator of the Bonneville Power Administration to enter into any
agreement to perform energy efficiency services outside the legally
defined Bonneville service territory, with the exception of services
provided internationally, including services provided on a reimbursable
basis, unless the Administrator certifies that such services are not
available from private sector businesses.
Sec. 309. None of the funds in this Act may be used to dispose of
transuranic waste in the Waste Isolation Pilot Plant which contains
concentrations of plutonium in excess of 20 percent by weight for the
aggregate of any material category on the date of enactment of this Act,
or is generated after such date. For the purposes of this section, the
material categories of transuranic waste at the Rocky Flats
Environmental Technology Site include: (1) ash residues; (2) salt
residues; (3) wet residues; (4) direct repackage residues; and (5) scrub
alloy as referenced in the ``Final Environmental Impact Statement on
Management of Certain Plutonium Residues and Scrub Alloy Stored at the
Rocky Flats Environmental Technology Site''.
Sec. 310. The Administrator of the National Nuclear Security
Administration may authorize the plant manager of a covered nuclear
weapons production plant to engage in research, development, and
demonstration activities with respect to the engineering and
manufacturing capabilities at such plant in order to maintain and
enhance such capabilities at such plant: Provided, That of the amount
allocated to a covered nuclear weapons production plant each fiscal year
from amounts available to the Department of Energy for such fiscal year
for national security programs, not more than an amount equal to 2
percent of such amount may be used for these activities: Provided
further, That for purposes of this section, the term ``covered nuclear
weapons production plant'' means the following:
(1) The Kansas City Plant, Kansas City, Missouri.
(2) The Y-12 Plant, Oak Ridge, Tennessee.
(3) The Pantex Plant, Amarillo, Texas.
(4) The Savannah River Plant, South Carolina.
Sec. 311. Notwithstanding any other law, and without fiscal year
limitation, each Federal Power Marketing Administration is authorized to
engage in activities and solicit, undertake and review studies and
proposals relating to the formation and operation of a regional
transmission organization.
Sec. 312. Not more than $10,000,000 of funds previously appropriated
for interim waste storage activities for Defense Nuclear
[[Page 114 STAT. 1441A-81]]
Waste Disposal in Public Law 104-46, the Energy and Water Development
Appropriations Act, 1996, may be made available to the Department of
Energy upon written certification by the Secretary of Energy to the
House and Senate Committees on Appropriations that the Site
Recommendation Report cannot be completed on time without additional
funding.
Sec. 313. Term of Office of Person First Appointed as Under
Secretary for Nuclear Security of the Department of Energy. (a) Length
of Term.--The term of office as Under Secretary for Nuclear Security of
the Department of Energy of the first person appointed to that position
shall be 3 years.
(b) Exclusive Reasons for Removal.--The exclusive reasons for
removal from office as Under Secretary for Nuclear Security of the
person described in subsection (a) shall be inefficiency, neglect of
duty, or malfeasance in office.
(c) Position Described.--The position of Under Secretary for Nuclear
Security of the Department of Energy referred to in this section is the
position established by subsection (c) of section 202 of the Department
of Energy Organization Act (42 U.S.C. 7132), as added by section 3202 of
the National Nuclear Security Administration Act (title XXXII of Public
Law 106-65; 113 Stat. 954).
Sec. 314. Scope of Authority of Secretary of Energy to Modify
Organization of National Nuclear Security Administration. (a) Scope of
Authority.--Subtitle A of the National Nuclear Security Administration
Act (title XXXII of Public Law 106-65; 113 Stat. 957; 50 U.S.C. 2401 et
seq.) is amended by adding at the end the following new section:
``SEC. 3219. SCOPE OF AUTHORITY OF SECRETARY OF ENERGY TO MODIFY
ORGANIZATION OF ADMINISTRATION.
``Notwithstanding the authority granted by section 643 of the
Department of Energy Organization Act (42 U.S.C. 7253) or any other
provision of law, the Secretary of Energy may not establish, abolish,
alter, consolidate, or discontinue any organizational unit or component,
or transfer any function, of the Administration, except as authorized by
subsection (b) or (c) of section 3291.''.
(b) Conforming Amendments.--Section 643 of the Department of Energy
Organization Act (42 U.S.C. 7253) is amended--
(1) by striking ``The Secretary'' and inserting ``(a)
Subject to subsection (b), the Secretary''; and
(2) by adding at the end the following new subsection:
``(b) The authority of the Secretary to establish, abolish, alter,
consolidate, or discontinue any organizational unit or component of the
National Nuclear Security Administration is governed by the provisions
of section 3219 of the National Nuclear Security Administration Act
(title XXXII of Public Law 106-65).''.
Sec. 315. Prohibition on Pay of Personnel Engaged in Concurrent
Service or Duties Inside and Outside National Nuclear Security
Administration. Subtitle C of the National Nuclear Security
Administration Act (title XXXII of Public Law 106-65; 50 U.S.C. 2441 et
seq.) is amended by adding at the end the following new section:
``SEC. 3245. PROHIBITION ON PAY OF PERSONNEL ENGAGED IN CONCURRENT
SERVICE OR DUTIES INSIDE AND OUTSIDE ADMINISTRATION.
``(a) Except as otherwise expressly provided by statute, no funds
authorized to be appropriated or otherwise made available for the
[[Page 114 STAT. 1441A-82]]
Department of Energy may be obligated or utilized to pay the basic pay
of an officer or employee of the Department of Energy who--
``(1) serves concurrently in a position in the
Administration and a position outside the Administration; or
``(2) performs concurrently the duties of a position in the
Administration and the duties of a position outside the
Administration.
``(b) The provision of this section shall take effect 60 days after
the date of enactment of this section.''.
TITLE IV
INDEPENDENT AGENCIES
Appalachian Regional Commission
For expenses necessary to carry out the programs authorized by the
Appalachian Regional Development Act of 1965, as amended, for necessary
expenses for the Federal Co-Chairman and the alternate on the
Appalachian Regional Commission, for payment of the Federal share of the
administrative expenses of the Commission, including services as
authorized by 5 U.S.C. 3109, and hire of passenger motor vehicles,
$66,400,000, to remain available until expended.
Defense Nuclear Facilities Safety Board
salaries and expenses
For necessary expenses of the Defense Nuclear Facilities Safety
Board in carrying out activities authorized by the Atomic Energy Act of
1954, as amended by Public Law 100-456, section 1441, $18,500,000, to
remain available until expended.
Delta Regional Authority
salaries and expenses
For necessary expenses to establish the Delta Regional Authority and
to carry out its activities, $20,000,000, to remain available until
expended.
Denali Commission
For expenses of the Denali Commission including the purchase,
construction and acquisition of plant and capital equipment as necessary
and other expenses, $30,000,000, to remain available until expended.
Nuclear Regulatory Commission
salaries and expenses
For necessary expenses of the Commission in carrying out the
purposes of the Energy Reorganization Act of 1974, as amended, and the
Atomic Energy Act of 1954, as amended, including official representation
expenses (not to exceed $15,000), $481,900,000, to remain available
until expended: Provided, That of the amount
[[Page 114 STAT. 1441A-83]]
appropriated herein, $21,600,000 shall be derived from the Nuclear Waste
Fund: Provided further, That revenues from licensing fees, inspection
services, and other services and collections estimated at $447,958,000
in fiscal year 2001 shall be retained and used for necessary salaries
and expenses in this account, notwithstanding 31 U.S.C. 3302, and shall
remain available until expended: Provided further, That $3,200,000 of
the funds herein appropriated for regulatory reviews and assistance to
other Federal agencies and States shall be excluded from license fee
revenues, notwithstanding 42 U.S.C. 2214: Provided further, That the sum
herein appropriated shall be reduced by the amount of revenues received
during fiscal year 2001 so as to result in a final fiscal year 2001
appropriation estimated at not more than $33,942,000.
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, $5,500,000, to remain available until expended: Provided, That
revenues from licensing fees, inspection services, and other services
and collections estimated at $5,390,000 in fiscal year 2001 shall be
retained and be available until expended, for necessary salaries and
expenses in this account notwithstanding 31 U.S.C. 3302: Provided
further, That the sum herein appropriated shall be reduced by the amount
of revenues received during fiscal year 2001 so as to result in a final
fiscal year 2001 appropriation estimated at not more than $110,000.
Nuclear Waste Technical Review Board
salaries and expenses
For necessary expenses of the Nuclear Waste Technical Review Board,
as authorized by Public Law 100-203, section 5051, $2,900,000, to be
derived from the Nuclear Waste Fund, and to remain available until
expended.
TITLE V
FISCAL YEAR 2001 EMERGENCY APPROPRIATIONS
DEPARTMENT OF ENERGY
ATOMIC ENERGY DEFENSE ACTIVITIES
cerro grande fire activities
For necessary expenses to remediate damaged Department of Energy
facilities and for other expenses associated with the Cerro Grande fire,
$203,460,000, to remain available until expended, of which $2,000,000
shall be made available to the United States Army Corps of Engineers to
undertake immediate measures to provide erosion control and sediment
protection to sewage lines, trails, and bridges in Pueblo and Los Alamos
Canyons downstream of Diamond Drive in New Mexico: Provided, That the
entire amount shall be available only to the extent an official budget
request for $203,460,000, that includes designation of the entire amount
of the request as an emergency requirement as defined in the
[[Page 114 STAT. 1441A-84]]
Balanced Budget and Emergency Deficit Control Act of 1985, as amended,
is transmitted by the President to the Congress: Provided further, That
the entire amount is designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended.
INDEPENDENT AGENCIES
Appalachian Regional Commission
For necessary expenses to carry out the programs authorized by the
Appalachian Regional Development Act of 1965, as amended, $11,000,000,
to remain available until expended, which shall be available only to the
extent an official budget request for $11,000,000, that includes
designation of the entire amount of the request as an emergency
requirement as defined in the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended, is transmitted by the President to the
Congress: Provided, That the entire amount is designated by the Congress
as an emergency requirement pursuant to section 251(b)(2)(A) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as amended.
TITLE VI
GENERAL PROVISIONS
Sec. 601. None of the funds appropriated by this Act may be used in
any way, directly or indirectly, to influence congressional action on
any legislation or appropriation matters pending before Congress, other
than to communicate to Members of Congress as described in section 1913
of title 18, United States Code.
Sec. 602. (a) Purchase of American-Made Equipment and Products.--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) Notice Requirement.--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.
(c) Prohibition of Contracts With Persons Falsely Labeling Products
as Made in America.--If it has been finally determined by a court or
Federal agency that any person intentionally affixed a label bearing a
``Made in America'' inscription, or any inscription with the same
meaning, to any product sold in or shipped to the United States that is
not made in the United States, the person shall be ineligible to receive
any contract or subcontract made with funds made available in this Act,
pursuant to the debarment, suspension, and ineligibility procedures
described in sections 9.400 through 9.409 of title 48, Code of Federal
Regulations.
Sec. 603. (a) None of the funds appropriated or otherwise made
available by this Act may be used to determine the final point of
discharge for the interceptor drain for the San Luis Unit until
development by the Secretary of the Interior and the State of California
of a plan, which shall conform to the water quality
[[Page 114 STAT. 1441A-85]]
standards of the State of California as approved by the Administrator of
the Environmental Protection Agency, to minimize any detrimental effect
of the San Luis drainage waters.
(b) The costs of the Kesterson Reservoir Cleanup Program and the
costs of the San Joaquin Valley Drainage Program shall be classified by
the Secretary of the Interior as reimbursable or nonreimbursable and
collected until fully repaid pursuant to the ``Cleanup Program--
Alternative Repayment Plan'' and the ``SJVDP--Alternative Repayment
Plan'' described in the report entitled ``Repayment Report, Kesterson
Reservoir Cleanup Program and San Joaquin Valley Drainage Program,
February 1995'', prepared by the Department of the Interior, Bureau of
Reclamation. Any future obligations of funds by the United States
relating to, or providing for, drainage service or drainage studies for
the San Luis Unit shall be fully reimbursable by San Luis Unit
beneficiaries of such service or studies pursuant to Federal Reclamation
law.
Sec. 604. None of the funds appropriated by this Act shall be used
to propose or issue rules, regulations, decrees, or orders for the
purpose of implementation, or in preparation for implementation, of the
Kyoto Protocol which was adopted on December 11, 1997, in Kyoto, Japan
at the Third Conference of the Parties to the United Nations Framework
Convention on Climate Change, which has not been submitted to the Senate
for advice and consent to ratification pursuant to article II, section
2, clause 2, of the United States Constitution, and which has not
entered into force pursuant to article 25 of the Protocol.
Sec. 605. Funding of the Coastal Wetlands Planning, Protection and
Restoration Act. Section 4(a) of the Act of August 9, 1950 (16 U.S.C.
777c(a)), is amended in the second sentence by striking ``2000'' and
inserting ``2009''.
Sec. 606. Redesignation of Interstate Sanitation Commission and
District. (a) Interstate Sanitation Commission.--
(1) In general.--The district known as the ``Interstate
Sanitation Commission'', established by article III of the Tri-
State Compact described in the Resolution entitled, ``A Joint
Resolution granting the consent of Congress to the States of New
York, New Jersey, and Connecticut to enter into a compact for
the creation of the Interstate Sanitation District and the
establishment of the Interstate Sanitation Commission'',
approved August 27, 1935 (49 Stat. 933), is redesignated as the
``Interstate Environmental Commission''.
(2) References.--Any reference in a law, regulation, map,
document, paper, or other record of the United States to the
Interstate Sanitation Commission shall be deemed to be a
reference to the Interstate Environmental Commission.
(b) Interstate Sanitation District.--
(1) In general.--The district known as the ``Interstate
Sanitation District'', established by article II of the Tri-
State Compact described in the Resolution entitled, ``A Joint
Resolution granting the consent of Congress to the States of New
York, New Jersey, and Connecticut to enter into a compact for
the creation of the Interstate Sanitation District and the
establishment of the Interstate Sanitation Commission'',
approved August 27, 1935 (49 Stat. 932), is redesignated as the
``Interstate Environmental District''.
(2) References.--Any reference in a law, regulation, map,
document, paper, or other record of the United States to the
[[Page 114 STAT. 1441A-86]]
Interstate Sanitation District shall be deemed to be a reference
to the Interstate Environmental District.
TITLE VII
DEPARTMENT OF THE TREASURY
Bureau of the Public Debt
gifts to the united states for reduction of the public debt
For deposit of an additional amount for fiscal year 2001 into the
account established under section 3113(d) of title 31, United States
Code, to reduce the public debt, $5,000,000,000.
TITLE VIII
NUCLEAR REGULATORY COMMISSION
Section 6101 of the Omnibus Budget Reconciliation Act of 1990 (42
U.S.C. 2214) is amended--
(1) in subsection (a)(3), by striking ``September 30, 1999''
and inserting ``September 20, 2005''; and
(2) in subsection (c)--
(A) in paragraph (1), by inserting ``or certificate
holder'' after ``licensee''; and
(B) by striking paragraph (2) and inserting the
following:
``(2) Aggregate amount of charges.--
``(A) In general.--The aggregate amount of the
annual charges collected from all licensees and
certificate holders in a fiscal year shall equal an
amount that approximates the percentages of the budget
authority of the Commission for the fiscal year stated
in subparagraph (B), less--
``(i) amounts collected under subsection (b)
during the fiscal year; and
``(ii) amounts appropriated to the Commission
from the Nuclear Waste Fund for the fiscal year.
``(B) Percentages.--The percentages referred to in
subparagraph (A) are--
``(i) 98 percent for fiscal year 2001;
``(ii) 96 percent for fiscal year 2002;
``(iii) 94 percent for fiscal year 2003;
``(iv) 92 percent for fiscal year 2004; and
``(v) 90 percent for fiscal year 2005.''.
This Act may be cited as the ``Energy and Water Development
Appropriations Act, 2001''.