Home > 106th Congressional Bills > H.R. 4635 (rh) Making appropriations for the Departments of Veterans Affairs and Housing and Urban Development, and for sundry independent agencies, boards, commissions, corporations, and offices for the fiscal year ending September 30, 2001, and for othe...

H.R. 4635 (rh) Making appropriations for the Departments of Veterans Affairs and Housing and Urban Development, and for sundry independent agencies, boards, commissions, corporations, and offices for the fiscal year ending September 30, 2001, and for othe...


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                          (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 $100,000,000: Provided, That the foregoing 
amount shall be for loans to nonprofit and governmental entities in 
connection with sales of single family real properties owned by the 
Secretary and formerly insured under the Mutual Mortgage Insurance 
Fund.
    For administrative expenses necessary to carry out the guaranteed 
and direct loan program, $330,888,000, of which not to exceed 
$324,866,000 shall be transferred to the appropriation for ``Salaries 
and expenses''; and not to exceed $4,022,000 shall be transferred to 
the appropriation for ``Office of Inspector General''. In addition, for 
administrative contract expenses, $160,000,000, of which $96,500,000 
shall be transferred to the Working Capital Fund for the development 
and maintenance of information technology systems: Provided, That to 
the extent guaranteed loan commitments exceed $65,500,000,000 on or 
before April 1, 2001 an additional $1,400 for administrative contract 
expenses shall be available for each $1,000,000 in additional 
guaranteed loan commitments (including a pro rata amount for any amount 
below $1,000,000), but in no case shall funds made available by this 
proviso exceed $16,000,000.

             fha--general and special risk program account

                     (including transfers of funds)

    For the cost of guaranteed loans, as authorized by sections 238 and 
519 of the National Housing Act (12 U.S.C. 1715z-3 and 1735c), 
including the cost of loan guarantee modifications (as that term is 
defined in section 502 of the Congressional Budget Act of 1974, as 
amended), $101,000,000, to remain available until expended: Provided, 
That these funds are available to subsidize total loan principal, any 
part of which is to be guaranteed, of up to $21,000,000,000: Provided 
further, That any amounts made available in any prior appropriations 
Act for the cost (as such term is defined in section 502 of the 
Congressional Budget Act of 1974) of guaranteed loans that are 
obligations of the funds established under section 238 or 519 of the 
National Housing Act that have not been obligated or that are 
deobligated shall be available to the Secretary of Housing and Urban 
Development in connection with the making of such guarantees and shall 
remain available until expended, notwithstanding the expiration of any 
period of availability otherwise applicable to such amounts.
    Gross obligations for the principal amount of direct loans, as 
authorized by sections 204(g), 207(l), 238, and 519(a) of the National 
Housing Act, shall not exceed $50,000,000; of which not to exceed 
$30,000,000 shall be for bridge financing in connection with the sale 
of multifamily real properties owned by the Secretary and formerly 
insured under such Act; and of which not to exceed $20,000,000 shall be 
for loans to nonprofit and governmental entities in connection with the 
sale of single-family real properties owned by the Secretary and 
formerly insured under such Act.
    In addition, for administrative expenses necessary to carry out the 
guaranteed and direct loan programs, $211,455,000, of which 
$193,134,000, shall be transferred to the appropriation for ``Salaries 
and expenses''; and of which $18,321,000 shall be transferred to the 
appropriation for ``Office of Inspector General''. In addition, for 
administrative contract expenses necessary to carry out the guaranteed 
and direct loan programs, $144,000,000, of which $33,500,000 shall be 
transferred to the Working Capital Fund for the development and 
maintenance of information technology systems: Provided, That to the 
extent guaranteed loan commitments exceed $8,426,000,000 on or before 
April 1, 2001, an additional $19,800,000 for administrative contract 
expenses shall be available for each $1,000,000 in additional 
guaranteed loan commitments over $8,426,000,000 (including a pro rata 
amount for any increment below $1,000,000), but in no case shall funds 
made available by this proviso exceed $14,400,000.

                Government National Mortgage Association

guarantees of mortgage-backed securities loan guarantee program account

                     (including transfer of funds)

    New commitments to issue guarantees to carry out the purposes of 
section 306 of the National Housing Act, as amended (12 U.S.C. 
1721(g)), shall not exceed $200,000,000,000, to remain available until 
September 30, 2002.
    For administrative expenses necessary to carry out the guaranteed 
mortgage-backed securities program, $9,383,000 to be derived from the 
GNMA guarantees of mortgage-backed securities guaranteed loan receipt 
account, of which not to exceed $9,383,000 shall be transferred to the 
appropriation for ``Salaries and expenses''.

                    Policy Development and Research

                        research and technology

    For contracts, grants, and necessary expenses of programs of 
research and studies relating to housing and urban problems, not 
otherwise provided for, as authorized by title V of the Housing and 
Urban Development Act of 1970, as amended (12 U.S.C. 1701z-1 et seq.), 
including carrying out the functions of the Secretary under section 
1(a)(1)(i) of Reorganization Plan No. 2 of 1968, $40,000,000, to remain 
available until September 30, 2002, of which $10,000,000 shall be for 
the Partnership for Advancing Technology in Housing (PATH) Initiative.

                   Fair Housing and Equal Opportunity

                        fair housing activities

    For contracts, grants, and other assistance, not otherwise provided 
for, as authorized by title VIII of the Civil Rights Act of 1968, as 
amended by the Fair Housing Amendments Act of 1988, and section 561 of 
the Housing and Community Development Act of 1987, as amended, 
$44,000,000, to remain available until September 30, 2002, of which 
$22,000,000 shall be to carry out activities pursuant to such section 
561: Provided, That no funds made available under this heading shall be 
used to lobby the executive or legislative branches of the Federal 
Government in connection with a specific contract, grant or loan.

                     Office of Lead Hazard Control

                         lead hazard reduction

    For the Lead Hazard Reduction Program, as authorized by sections 
1011 and 1053 of the Residential Lead-Based Hazard Reduction Act of 
1992, $80,000,000 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, $1,004,380,000 (reduced by $1,000,000), 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 block grants program'' 
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 for 
employing more than 77 schedule C and 20 noncareer Senior Executive 
Service employees: Provided further, That the community builder fellow 
program shall be terminated in its entirety by September 1, 2000: 
Provided further, That, hereafter, no individual may be employed in a 
position of the Department of Housing and Urban Development that is 
designated as ``community builder'' unless such individual is appointed 
to such position subject to the provisions of title 5, United States 
Code, governing appointments in the competitive service: Provided 
further, That any individual employed in such a position shall be 
considered to be an employee for purposes of subchapter III of chapter 
73 of title 5, United States Code (commonly known as the Hatch Act).

                      office of inspector general

                     (including transfers of funds)

    For necessary expenses of the Office of Inspector General in 
carrying out the Inspector General Act of 1978, as amended, 
$83,000,000, of which $22,343,000 shall be provided from the various 
funds of the Federal Housing Administration and $10,000,000 shall be 
provided from the amount earmarked for Operation Safe Home in the 
appropriation for ``Drug elimination grants for low-income housing'': 
Provided, That the Inspector General shall have independent authority 
over all personnel issues within the Office of Inspector General.

             Office of Federal Housing Enterprise Oversight

                         salaries and expenses

                     (including transfer of funds)

    For carrying out the Federal Housing Enterprise Financial Safety 
and Soundness Act of 1992, including not to exceed $500 for official 
reception and representation expenses, $22,000,000, to remain available 
until expended, to be derived from the Federal Housing Enterprise 
Oversight Fund: Provided, That not to exceed such amount shall be 
available from the General Fund of the Treasury to the extent necessary 
to incur obligations and make expenditures pending the receipt of 
collections to the Fund: Provided further, That the General Fund amount 
shall be reduced as collections are received during the fiscal year so 
as to result in a final appropriation from the General Fund estimated 
at not more than $0.

                       Administrative Provisions

                      financing adjustment factors

    Sec. 201. Fifty percent of the amounts of budget authority, or in 
lieu thereof 50 percent of the cash amounts associated with such budget 
authority, that are recaptured from projects described in section 
1012(a) of the Stewart B. McKinney Homeless Assistance Amendments Act 
of 1988 (Public Law 100-628; 102 Stat. 3224, 3268) shall be rescinded, 
or in the case of cash, shall be remitted to the Treasury, and such 
amounts of budget authority or cash recaptured and not rescinded or 
remitted to the Treasury shall be used by State housing finance 
agencies or local governments or local housing agencies with projects 
approved by the Secretary of Housing and Urban Development for which 
settlement occurred after January 1, 1992, in accordance with such 
section. Notwithstanding the previous sentence, the Secretary may award 
up to 15 percent of the budget authority or cash recaptured and not 
rescinded or remitted to the Treasury to provide project owners with 
incentives to refinance their project at a lower interest rate.

                      fair housing and free speech

    Sec. 202. None of the amounts made available under this Act may be 
used during fiscal year 2001 to investigate or prosecute under the Fair 
Housing Act any otherwise lawful activity engaged in by one or more 
persons, including the filing or maintaining of a non-frivolous legal 
action, that is engaged in solely for the purpose of achieving or 
preventing action by a Government official or entity, or a court of 
competent jurisdiction.

           housing opportunities for persons with aids grants

    Sec. 203. (a) Eligibility.--Notwithstanding section 854(c)(1)(A) of 
the AIDS Housing Opportunity Act (42 U.S.C. 12903(c)(1)(A)), from any 
amounts made available under this title for fiscal year 2001 that are 
allocated under such section, the Secretary of Housing and Urban 
Development shall allocate and make a grant, in the amount determined 
under subsection (b), for any State that--
            (1) received an allocation in a prior fiscal year under 
        clause (ii) of such section; and
            (2) is not otherwise eligible for an allocation for fiscal 
        year 2001 under such clause (ii) because the areas in the State 
        outside of the metropolitan statistical areas that qualify 
        under clause (i) in fiscal year 2001 do not have the number of 
        cases of acquired immunodeficiency syndrome required under such 
        clause.
    (b) Amount.--The amount of the allocation and grant for any State 
described in subsection (a) shall be an amount based on the cumulative 
number of AIDS cases in the areas of that State that are outside of 
metropolitan statistical areas that qualify under clause (i) of such 
section 845(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.

                vouchers for difficult utilization areas

    Sec. 206. Section 8(o)(1) of the United States Housing Act of 1937 
(42 U.S.C. 1437f(o)(1)) is amended--
            (1) in subparagraph (B), by striking ``subparagraph (D)'' 
        and inserting ``subparagraphs (D) and (E)'';
            (2) by redesignating subparagraph (E) as subparagraph (F); 
        and
            (3) by inserting after subparagraph (D) the following new 
        subparagraph:
                    ``(E) Difficult utilization areas.--
                            ``(i) Criteria.--The Secretary shall 
                        establish criteria setting forth requirements 
                        for treatment of areas as difficult utilization 
                        areas with respect to the voucher program under 
                        this subsection, which may include criteria 
                        specifying a low vacancy rate for rental 
                        housing, a particular rate of inflation in 
                        rental housing costs, failure to lease units by 
                        more than 30 percent of families issued 
                        vouchers having an applicable payment standard 
                        of 110 percent of the fair market rental or 

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